Ex parte Smith

decided, that Mr. Smith, being at the time of his enrolment, and at the time he was required to muster, a clerk in the treasury department, duly appointed by one of the comptrollers, and sworn in the manner required by the act of Congress, was an executive officer of the Government of the United States, and within the 2d section of the Act of May 8, 1792, and was not liable to be enrolled in the militia.