The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-08-02


The learning, integrity, and mpartialy Of the court
joined to the good and spirit of fair dealing in Con-
gress must be remedy against evil which may pos
sibly, although not probably, be proved TO exist
The proceeding establish claim is by petition set
ting forth full statement Of the claim and Of any action
thereon in Congress- by any Of the depar tment and
specifying also what persons Of the claim In
terested therein and wheuand upon what consideration they
became interested The petition must present pa fae
case before permission be obtained proceed further
for If the court shall be of opinion the reading Of the
petition that the facts forth therein furnish ground
for relief then il Is provided that IT shall not be their duty
to authorize the taking Of any testimony in the until
the shall have been reported to Congress but should
Congress fail confirm the opinion Of the court then the
claimant may proceed take bis testimony BY the third
section OF the act the court has authority TO establish
rules and regulations for lis government to appoint
missioners and issue commissions and subponas THEM
eres of the government ntrusod to solicitor who
discharges for the United States all the duties Of counsel
which each requires Mr.. Montgomery z, Blair The
gentleman who now fills that Office is known to possess
fine professional attanments and he will doubtless sedu
lousy apply himself the discharge Of his Important
trust
The practice of the sr las been regulated by Of
rules published by the Judges which far to supply many
Of the deficiencies Of The Law itself The petition be
printed and aud must present the claimants case
specifically If the claim is founded upon any implied
contract the circumstances upon which the claimant relies
tending to prove contract must be detailed By rule
if the solicitor shall be of opinion that the petition does
not furnish proper for the action of tho court he
to file his objections the same and to simplify the pro-
ceedugs it provided that there shall be other Plead
iugs in the Since these rules Published, the
have been called upon eonstrue them Two
particulars In the FIRST place they have held that although
the petition is required TO be printed yet in where the
claimant is unable to forth his case with the par
teularity required by the rules of the court from
the want of an inspection of documents on file in the
departments the will entertain written petition
and If needs be- make order for the production Of the
required papers In the place the court have said that
the solicitor is allowed to file general demurrer
petitions but it he objects to the suiccncy OF the same
he must point out specifically the grounds of his objec
tons The court have also held that their authority under
the act of Congress to call upon the executive departments
for papers does extend the clerk of either house
Congress- and in these particulars well in many other
of DETAIL it has already been made manifest the
statute has been but impcriectly framed so far the
court able they have supplied the machinery
sary the proper working OF the law but it needs more
We foresee many difficulties in the way Of its harmo-
NOUS execution For instance the act Of Congress gives
the power appoint commissioners and to Issue
missions for the taking of testimony and also subpmnas
require the attendance OF witnesses before commissioners
compliance Herewith to be compelled under such rules
the court shall establish. No power is given to the
commissioners to issue subpnnas to enforce the attend
ance Of witnesses. refractory Witness whose testimony
is be taken it may be- will suppose, thousand miles
from the of the court may set the court commission
ers parties at defiance for time at least and clog
the wheels Of Justice If be shall fail refuse appear
and testify before any commissioner after having been
duly summoned and his fees rendered him. instead Of be-
ing proceeded against summarly by attachment under the
hand and seal of the commissioner, the court must be
moved for rule upon him to show why fine should
not be imposed upon him, and il he tail to show sufficient
hei IN be nIredI
and there the matter, presume, ends little expe
rence however will suggest the legislation necessary for
the exigencies of the law and in short time hope all
viii work well.
Some apprehension has been expressed about the
penses of prosecuting cases before the Court of Claims But
opinion agrees with that of contemporary who says
there of high grade where the expenses
less where the facilities for speedily ending
greater The practice prescribed by the statute and M
rules of the of the most simple and convenient
character If the claimant fail Of success he is not subec
ed be mucted in the amount of his adversarys costs,
compelled pay the court the clerk heavy bills q
fees The only expense to which the petitioner be sub
eced is that of his counsel the fees of commissioners for
taking his testimony his witnesses tees and the charges
for printing his papers, which charges not greatehan
in other in which clerks and other officers
thorzed to demand in addition large amounts for fees
The great charge in all courts is the fees of the counsel
which usually matters Of agreement with the client In
the Court of Claims there is good why they
should be higher than in other courts ought they to
be high it is understood agents before Congress have
usually charged The practice ohe court is arranged
that claimants may employ counsel in their vicinity
present their case take the testimony and prepare for
argument They may then either send printed argument
employ such counsel to argue it orally they choose
Such in brief is this court 1t has suspicious
beginning, and cannot but sincerely trust that the
faith and confidence that reposed in may
tnue abide with it, and that its judgments may be just
and enlightened establish it permanently well in
the respect and Of the people in the Judicial
tenn Of the federal government
lem. De Tocquevlle filled with wonder and ndm-
ration entering the Supreme Court of the United States
to hear the chief justice call sovereign States before
him ugatng parties in pending suit it would be
equally edfying to him the humbest citizen in the
land before the Court Of Claims the majesty and
power of tho federal government to for
broken wrong unrcdressed not in the alb
jec form of suppliant STOPPING at the oostoo OF power
to crave mercy but in the simple dignity of American c
xenship standing and unabashed demanding justice
illustration of government that repoes its stability
on the will and affections Of a free people ID. w.
the Philadelphs Argus Of Friday last.
VISIT OF THE POSTMASTER GENERAL TO THE
NAyY-YARD.
The Hon. James Campbell the distinguished Post
General of the United States visited the docyard