United States v. Le Baron

Messrs. Reverdy Johnson, E. S. Dargan, and G. N. Stewart, for the defendants in error: The substance of the issue was, whether Beers was, on the first day of July, 1850, deputy postmaster under his appointment confirmed by the Senate. Whether he was or not, depended on the question whether the bond was accepted on that day, and thus became a perfect obligation on the said first day. The proof showing that the bond was not accepted until the 15th, there could, under the decision in 19th Howard, when the case was here before, be no other instructions given than were given by the court. The declaration described one bond and proved another.