The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-25
INTERESTING FROM WASHINGTON.


Our washington OOFFU0YuhUoAfcC
WASHINGTON, Oct. 20, Eb5.
n. UusAsz ~aes Oburs Of Cloims-hs JsrssdiaAcn De-
s.dsd-wtd Range Of Business-Dwics Of tie Socisoy-
Srne Notifications by C6-.eress Necessary &C., de-
The object Of establishing the Court OF Claims BY
Congress was tvofold:-Frst that the national egsla
ture might not be interrupted the progress Of public
BUSINESS by the consideration OF the great mass of pr
yate claims constantly submitted its achon-and &C.
ssady that claimants against the government Of tie
United States might receive their just Dues without
arasrng out lifetime Of constant anxiety hope and d
appointment at the federal capital at last to End that
handle oitisen however just might be his demand upon
Ne government, could find relief from politicians
gagged in bitter party warfare.
II f.ng the jurisdiction Of the COURT Congress says
And the said court shall hear and determine AL claims
founded upon any law Of Congress, upon any reguiA
Won Of executive department, upon any contract
express or implied with the government of the Uni ed
States which may be suggested to it BY petition fled
therein and also all claims which may be referred to
sasd court by either house Of Congress-
Under this clause Of the Law, great contrariety OF
ovinion was entertained ~ to what the en-
tent Of the courts jurisdiction. Many OF the
most distinguished lawyers Of the country con-
tended that the Court OF Claims, like all other
sscognzed and established courts must operate wholly
within the range Of existing laws-that is, consider
case NO. falling within the letter the spirit Of
INV Of Congress- some treaty, regulation of
executive department. and that to constitute court
is jur sdction must be thus defined and limited. On
Ne other hand it WAS contended that if the jurisdiction
Of the court be thus limited and confined it would fail to
accomplish the very purposes for which it was intended
lpr nine enths Of the private claims presented to Con-
arese its consideration claims appealing entirely
to sense Of Justice and legislative discretion, and
provided for by any existing law In this view Of the
subject, The following opinion in the case Of David
Nyere delivered by Justice Gchrist possesses great
public interest," and has been kindly furnished by the
Sourt for the columns of the HKRAID:-
o. 8. Court CLAIMS, Oct. 2o.-Cam Of Do vid Myere
Justice Gilchris said-As the Court Of Claims has only
peculiar jurisdiction their power to investigate and
report upon claim Of this description depends on
The construction of the act of Congress- establishing the
Court, and defining their duties. The first section OF
the act Of Congress of the oath February 1885, after
determined by the court adds to this specific enumera
tion the following clause" And also all claims which
may be referred to said court by either house Of Con
gess There are thus them five classes Of claims which
3he court shal hear and determine The fifth class
distinctly within the jurisdiction OF the court "a those
which are specified before It, The only difference be,
the claim. The act leaves to either house Of Congress-
without the cooperation Of the othcr the power TO refer
ter be be not founded upon any law Of Congress-
upon any regulation OF executive department.
upon any contract express or implied with the govern
this tribunal was that the public business should not be
tmpeded by imposing upon the committees Of Congress
the aborous duty Of investigating cases. often intricate
in their character and luring care nj analysis Of
testimony, and this might be necessary whether the par
tcular claim was or was not included in the first four
classes any Of them. There is then, obvious
fo the fifth clause for the preceding for il the
object relieve Congress from tho Investigation of
saims the act would but imperfectiy accomplish its
purpose II il did mot contain this provision. As the
sn Of navd Myerle has been referred to by resolu
ton OF one Of the houses OF Congress- il 10 unnecessary
for the purpose OF settling the question OF jurisdiction 10
investigate and determine at present the further ques-
ton whether there was contract with the government
and il So how far it valid and what its provi
slons and limitations How far the Secretary o. the
Navy had the power to bind the United States and
whether he authorized to make such contract
that stated in the petition questions OF law; but
before they determined 1t appears to the court expe
dent tina, the evidence should be laid before them An
inquiry into the general Of the Secretary at that
time TO make contracts binding upon the United States,
would open wie and in the present stage Of the case
An unnecessary field for discussion. The inquiry into his
powers, II II shoud be necessary will be narrowed and
rendered much integbie after the evidence IS sub
itted 10 IT is likewise premature to remark upon
the subect OF damages that is question Of fact and
their amount and extent If should reach that in
guiry viii depend upon the testimony. We say
that the facts set forth in the petition do not furnish any
ground for relief The claim OF the petitioner must de-
pend the contract shown by the proof and The
OF the Secretary 10 make t. We shall therefore, author
NE testimony to be taken in the We do not, Of
course mean 10 express any opinion upon the merits of
the claim.
This opinion Of the Court Il will be perceived, throws
open its doors wide range OF business Every ina
gnable subject viii be brought before It, II dsbursing
sAcer Of the government becomes dissatisfied W ID the
action OF the accounting officers appeal will DO made
70 Congress with request TO be referred to the Court Of
Claims. II private claim to land be not settled by the
general Land ONCE to snt the claimant appeal TO the
Court of C,Sns, via the halls of Congress, win surely
follow. The thousands Of annually rejected by the
United States Pension Office will take the course;
and thus, fear the Court must become unwieldy
machine vast maestrom, swallowing up all the bureaus
Of several executive departments
The duties too OF tho United states Solicitor IN view
q the facts above stated become vast beyond cscua-
ton. Even now they arc hercuean; but what must
they be when he has review the entire action of the
executive government and contend in debate against
two hundred the abest lawyers Of the land?
Judge Blair may, indeed be second sebastopo but he
cannot hold out long before such fearful odds. Some
notifications in the law must be made or the allies will
carry things by storm, and the whole concern like Sc
bastopo wiz be blown up. The salaries Of the judge
must be increased AMI at least two able assistant so
sftors appointed. +.
WASHINGTON, Oct. o. 1865.
lupor,dH. Pclticol hegenceNeo Aovemeat ia the Pre-
sidential Campaign
The complications and troubles at the White House.
TO the future are greatly the increase. political
combination Of the most formidable and important chr
acter is just beginning TO be sbndowed forth here
calculated to alarm the President in his present anxious
position candidate for reelection. The premonitory
symptoms of this movement have been for time
visible but lie precise shape and character have not been
developed until within the last day or two.
George NJ Dallas of Pennsylvania and Jefferson Davis,
of Mssissppi to be presented in connection
ddates for the Presidency and Vice Presidency in the
order have named them.
To strengthen this movement in the extreme South
where II is first to be dedntivey tried the two leading
democratic papers in New Orleans have been purchased
mp very recently and with the avowed object of support
ing Dallas and Davis. refer to the Louisiana Courier
and New Orleans DelG; and Judge Perkins, member OF
Congress from that State here, is stated to have
made the negotiation and footed the bills Two three
newspapers in the interior of Louisiana have also
secured-perhaps in the wayat all events for tho
purpose and of these and another Brandon
in Mississippi have already raised this ticket at mast
head.
Senator Brodhead Of Pennsylvania, nephew n-Iaw Of
Zen. Davis has been very busy during the past summer
IN arranging this combination, and giving oothold in
the cod Keystone and elsewhere The extreme ultra
political opinions and proclives OF the present head OK
the War DEPARTMENT being IN cd In,