United States v. Fisher (1805)

In United States v. Fisher (1805) 6 U.S. 358, the question was "Whether," under the statute, "the United States are entitled to be first paid and satisfied, in preference to the private creditors, a debt due to the United States by Peter Blight, as indorsor of a foreign bill of exchange, out of the estate of the bankrupt in the hands of assignees?" The bill had been purchased by an agent of the United States, but who did not declare himself to be such. In an opinion by Chief Justice Marshall the court held that the government was given priority by the statute. Chief Justice Marshall stated: "Where the mind labors to discover the design of the legislature, it seizes everything from which aid can be derived; and in such case, the title claims a degree of notice, and will have its due share of consideration". "It is contended that this priority of the United States cannot take effect in any case where suit has not been instituted; and in support of this opinion several decisions of the English judges with respect to the prerogative of the Crown have been quoted. To this argument, the express words of the Act of Congress seem to be opposed." "Where the mind labours to discover the design of the legislature, it seizes every thing from which aid can be derived."