“This case has been certified into this Court, from the Northern District of this state, under the provisions of the judiciary act the judge of that Court having been the District Attorney by whom the suit was commenced. The question arises upon demurrer to the declaration. The action is covenant on a bond, in the penalty of five thousand dollars, by which the defendant and Jacob Brown, acknowledge themselves to be held and firmly bound to the United States in that sum; and for the payment of which they bind themselves jointly and severally, with a condition, that if the said Samuel Brown, junr. ‘shall well and faithfully account for all public monies that may come into his hands, as Deputy Quarter-Master General, and faithfully account for, and distribute all public property that he may receive into his charge, then the obligation to be void, else to remain in full force and virtue.’”