United States v. Wood
U.S. Circuit Court for the District of Massachusetts
Indictment for resisting one Lewis, an inspector of the customs, in the execution of the duties of Ms office, founded on the 71st section of the act of March 2, 1799, c. 128 [3 Bior. & D. 200; 1 Stat. 678, c. 22]. At the trial, it appeared that Lewis was duly appointed an inspector of the customs by the late collector of Boston, since whose resignation he had been reappointed to the same office by the present collector, but the alleged resistance took place after the…
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Indictment for resisting one Lewis, an inspector of the customs, in the execution of the duties of Ms office, founded on the 71st section of the act of March 2, 1799, c. 128 [3 Bior. & D. 200; 1 Stat. 678, c. 22]. At the trial, it appeared that Lewis was duly appointed an inspector of the customs by the late collector of Boston, since whose resignation he had been reappointed to the same office by the present collector, but the alleged resistance took place after the resignation of the former collector, and before the reappointment of Lewis, he having continued to act as inspector under his…
1Opinion of the Court
STORY, Circuit Justice.
The twenty-first section of the act of March 2, 1799, c. 128, provides, that the collectors of the customs shall, with the approbation of the principal officer of the treasury department, employ proper persons as weighers, gaugers, meas-urers and inspectors, at the several ports within their districts. The officers appointed by the collectors under this section hold their offices during his pleasure; and cease to be such upon his death, removal, or resignation, unless the law has enabled him to give more permanency to their offices. In respect to certain officers, the…
2Cited by1 opinion
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