Reeves, J., delivered the opinion of the Court, and cited Evans v. Eaton, Peters C. C. R., 337; Fletcher v. Peck, 6 Cranch, 136; Dartmouth College case, 4 Wheaton, 519; Butler, et. al. v. The State of Pennsylvania, 10th Howard, 416; 1st Kent, 463; 10th Howard, 402; 4th Barr, 51; 6th Sergeant & Rawls, 322; Commonwealth v. Bird, 12 Mass., 443. Judgment affimed. Moore, J., did not sit in this case.