The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-24
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} establishment of a c0Gr.


investigation of claims against the Uniteo
States, whilst it win not in any instance,
advance the course of justice in the set
Element Of debts due by the federal govern
meDt, either in law or equity, viii have the
effect, SO far rs the poor claimant Is concerned,
Of practically defeating his pursu altogether.
According to the rules of the court, just pro.
mnlged, the expenses Of prosecuting claim
viii be very large; even grester than in an or
binary court of justice whilst the decision of the
court, when arrived at amounts to nothing
more than . mere report to Congress, either IA
yorable or otherwise, to be acted upon by that
body afterwards precisely as the reports of the
Committee on Claims have been heretofore
But there is this difference between the newly
established court and the former Committee on
Claims-th that now vast deal Of formality has to
be gone through with, a large expense has to be
incurred, and evidence has to be produced &C
oording to law, or it will be rejected
Heretofore, the object of an investigation
by committee was to obtain all the information
Of any character which could be procured; and
this was done without cost to the claimant, it
being the duty of the departments to furnish
all the facts in their possession, and of the
members of the committee to procure such facts
and report upon them.
By the rules OF the "Court of Claims" the
applicant will be compelled to pay the commits
aioner before whom he must appear, five dollars
. day as his fees, and twenty cents for every
hundred words contained in the dispositions.
He must also pay the fees Of witnesses for
travel and attendance-the fees for serving
summOnses, and all the incidental expenses at
teBdant upon courts. After having gone
through these proceedings, his case is sent to
Washington, whittier the claim ant must also r.
pair either by counsel or In person, and await
The pleasure of the Judges We do not think
the rules of the Court have exceeded the pow
era conferred by the act establishing it. The
defects are in the act itself, which is as
crude piece Of legislation as ever occupied a
position on the statute books 1t does not
reach the evils existing in the way of the
claimants against tue government, while it rem
ders the prosecution of such claims more diff
fcult and expensive than heretofore. Congress
has still finally to act upon all claims not al
lowed by the departments, and whatever cor
ruption or abuse existed previous to the pas
branch, remains intact. The only benefit
arising will he in the increase Of federal patron
age, already too large, and IL the quantity of
printing which will be required, aud which will
fall of course TO the support of some pap-fed
organ in Washington.
There ia but one method by which Congress
can remedy the abuses which now exist in the
prosecution Of claims against the United
States, and at the same time afford q pro-
per and Just relief to claimants. As the Uait.
ed States have no existence as political
ideal being, except under the organic alton
Of the constitution and federal laws, it is
assumed as principle flowing from the sove-
Teignty of the United States, that the officers
of the government are not subject to suits for
acts in the regular discharge Of their official
duties. A person, therefore, having q claim
against the government cannot bring head Of
department or any other federal officer iato
court in case OF the refusal to settle the claim.
Under the existing laws, no satisfaction can be
had except by recourse to Congress, in the
ehspe of a petition for relief, and in this state
of facts lies all the difficulty. A large majority
Of clsims are such as would he allowed at once,
could recourse be bad to the courts of law
direct suit against the United States cannot be
maintained without the authority of an act of
Congress; but by the passage Of an act giving
such power, all difficulty would be obviatad
True, there are cases which could not be estab-
lisbed in court Of justice, being more in the
nature of gifts than indebtedness, strictly
speaking; but they are not numerous, and
might be disposed Of by Congress without i'm
peding their Legitimate duties
An examination Of the records of Congress
will show that hundreds of claims have been
reported upon favorably ny committees of both
houses, placed upon the private calendar, and
allowed to sleep In quiet, whilst the claimant,
worn out by anxiety hopes deferred, aud, in
many instances, poverty. sleeps no less quietly
In the grave Who has visited Washington
and not seen, even in the brietest experience,
poor claimants hanging about the halls of Con-
eress with threadoare garments, pallid faces,
and lustreless eyes, in theva expectation that
their cases would be reached, till nature at
length releases them from their sufferings, and
their drt airy prospects are ended? What relief
Is afforded to such people by the graodilo-
quently styled "Court Of Claims ~ Aud yet
It is remedy for cases like these which is most
needed, and appeals most touchingy to the
heart of every one.
We are well aware that even if Congress were
to pass an scs authorizing claimants to sue the
United States--aud it would be nothing more |
than the right the United States now possess in
suing individuals--that the class OF cases we |
have just alluded to might not be reached But
by withdrawing from Congress the great ma
jority Of cases which now cucumber the com
mittee rooms, and yearly I'LL the cale0dar, it
would leave comparatively little work In the
matter of claims to be disposed OF by the two
h0uses, and that little wonld be attended to.
The prospect Of such q modification of the
laws as will take from Congress the disposition
Of claims, is not, however, brilliant Human
nature is weak, and according to the charges
made by members themselves, and the investi-
eating committees they deemed 1t necessary to
appoint to sit upon their own characters,) that
ofmembers of Congress presents no exception to
The general trailty. II is not probable MN
bers will consent to give up the power they
now possess in being the great arbitrators in
the matter of claims on the Treasury. Public
opinion must be brought to bear on the subject;
and not till then need we hope for any substan-
tial and effective relief. As for the " Court of
Claims" IL may serve to call attention to the
injustice of the existing system. but 1t can b.
productive of no other good. Having fulfilled