“This is an action of debt upon a bond dated the 2d of February 1809, in the penalty of $4002. The case agreed states, that in 1808 the brig Eliza was seized by the collector of the Delaware district, and libelled for violations of the embargo laws passed in that year. Upon the claim of the defendant in error, the vessel was restored at the appraised value of $2001, on bond and security given with condition to respond for the said value in the event of condemnation. The district court acquitted the vessel, which decree was affirmed upon appeal to the circuit court. But this decree was reversed by the Supreme Court in 1813; and in June 1816 sentence of condemnation passed in the circuit court. On the 5th of July 1816 the defendant petitioned the secretary of the treasury for a remission of the forfeiture; and on the 16th of August in the same year, that officer remitted to the defendant all the right, claim and demand of the United States, and of all others whomsoever, to the forfeiture by him incurred, so far as respects the bond in the petition mentioned, on payment of costs. On the 24th of September 1816 suit was brought on this bond, and on the further petition of the defendant, the president remitted to the defendant all the right and interest of the United States in and to said bond, and required all proceedings on the part of the United States to be forthwith discontinued: the remission is dated the 25th of April 1817. The counsel agree that the above matters shall be considered as brought out by a plea and a replication, stating the vested rights of the collector and other officers of the customs to a moiety of the forfeiture, and praying judgment to the amount of their interest or moiety; and the defendant to be considered as having demurred to said replication, so as to submit to the court the question; whether, notwithstanding the remissions, judgment and execution in this suit may be had for the moiety of the forfeiture aforesaid.”