“The questions to be decided in this case arise out of a bill of exceptions, taken by the plaintiffs, to the charge and instructions of the Circuit Court to the jury upon the trial of the cause. The suit was founded on the official bond of Robert Swartwout, as navy agent, and with whom the defendant had become bound as one of his sureties. The bond bears date the 22d day of February, 1819; and is in the penalty of 20,000 dollars, with the usual condition, to be void if Swartwout should faithfully perform the duties of his office, and account for, and pay over, when required, the public property and money placed in his hands.”