The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-21

funds furnished him by the government would permit
Bu, the notes worth less than their nominal value by
per cent, and 10 the extent Of per cent the amount
the pufser may be considered having paid his own mo-
ney Before his accounts stated the llth OF Mo-
yember 1882 the in this would be sufficient 20
support an action for money paid and after that date and
after he had paid the money into the treasury the ct
would support action for money had and received The
approval Of the commodore upon the vouchers s 10 be
garded only as required by rule OF convenience 2 he
treasury, but II be considered in court OF law as
rule Of evidence Cases might undoubtedly occur where
under peculiar circumstances wenon disregard OF the
rules of the department might be indicative OF fraud OF
such gross negligence in the claimant mi ght authorize
The rejection of his cian but nothing OF the kind appears
hefe. The fact that the pnrser not Informed of the
necessity Of the commodoe approval OF the vouchers un
I'll some years after lSl when the claim was made, can
scarcely be considered gross negligence II officers ac
counts be substantially correct he hardly be subjected
to such charge because he is ignorant Of merely formal
proof not required by an act Of Congress
We shall therefore report bill in favor of paying 10
the claimant the sum Of $685. for which he has produced
satisfactory evidence
II is concnded on behalf of the claimant that the United
States should be charged WITH and should pay interest
the amount Of the claim If his be il is either because
the should report Congress that, In their udg
ment the claimant is fairly and equably entitled 10 in
erest or because they should report that the United
States are legally bound to pay interest on the amount
certalcd 10 be due upon the principle that IN the ordinary
courts of law enables creditor to recover interest OF hs
debtor.
In regard to the first OF these reasons it is proper to in
qure into the principle that should govern the court in
their adudications upon the within their jurisdiction
either belonging to Of the classes specified in the act
or as referred TO the court by OF the houses of Congress
II Claim be alleged TO be founded upon any law OF Con-
gress in the words Of the act construe such law
and ascertain its meaning by applying to it those rules of
construction which wide and ong-connucd experience
has determined to be the best adapted to that prposs aud
the must be pursued where claim is founded
upon any regulation of executive department. II a
contract with the of the United States be the
foundation Of the claim the nature and validity OF such
contract must he determined by the application OF known
and well-setted principles of law Without such prnc
Piles to guide them no tribunal body of men, judicial
delberatve administer any other than that hasty
and mpuisiFe justice whose decisions an they would be
uncontrolled by any rule could aid the citizen in as
certaining the extent and nature of his rights.
If the application of principles Of law, considering the
law rule of conduct be necessary in the cases be-
longing to the classes specified in the act ii ia equally
in regard to the claims referred to the cor BY either
house OF Congress. II sometimes to have been
supposed that the language of the act on this point
was comprehensive enough to authorize the court TO
recommend Congress 10 do anything it may be in
their power TO do--in fact, to pass any law that
would not be violation Of the constitution. But our
duties not advisory The language Of the act does not
authorize regard this tribunal possessing any other
qualities than those which properly belong TO court
committee may recommend, but court can only adudge
and that whether its jurisdiction be final not II can
adjudge without founding ils judgments upon the law
and where il can find law, ii render no Judgment
II may, perhaps he said that judgments not
nal and IA must report 10 Congress decisions can
be regarded only fecommendaory in their nature But
the seventh section of the act provides that the court sha
report TO Congress The which they shall have
finally acted stating in each the material facts which they
lind established by the evidence with their opinion IN the
case and the upon which such opinion is founded
naer This provision "opnion in the case can mean
only opinion TO the rights of the parties upon The
facts proved admitted in the We do not think
that Congress BY establishing this court intended 10
constitute council advise them what course it
would be honest and right expedent for them 10 pur
sue in any given case They meant MS tue title OF the act
denotes, ITO establish court for the investigation of
claims TO ascertain the facts in each and the legal
rights and liabilities arising from those facts 1t is only
by ufbnn nj md a
fixed principles that the duties OF the court can be per-
formed with any prospect of administering substantial
justice The obvoss duty of the court is 10 expound the
law they find established and apply to the
before them, and not to create it, jas deere and Jus
dare.
Considerations of this general character pertinent
the subject before because raises the question at
how far should recommend to Congress to do what
might think right and proper to be done and how far we
bound to confne ourselves TO the application Of prnc
pies of law is always within the power Of Congress to
make law for each case within the limits of the constu
ton but, in opinion have power to make a law
for any case Congress did not intend that we should egs
late In that must make the law before we could
pronounce Judgment when the claim did not come with
in any principle If Congress think that the law as it ex
sts does not render justice to party the remedy is IN
their hands, by legisating in such way the de-
mands of justice may require 1t is consistent with
the constitution which requires that the departments OF the
government should be kept distinct from each other and
far better and safer that the power of legislation should be
exercised by Congress- than that should be vested in
judicial tribunal II is the peculiar duty of Congress to
bly, due the citizen and within constitutional limits, to
egsate accordingly. But il were to recommend any
action to supply any supposed deficiency in the laws, we
should not only responsibility which does not be-
long but should interfere with the prerogave Of
the legislature We SHALL therefore, confHe ourselves to de-
ermnng how far the United States bound by law TO
pay interest upon sum ascertained to be due.
It has been supposed that when petition is present.
ed 10 this court the United States occupy the position OF
ordinary defendant in suit at law the claimant, when
sum is adudgcd he due TO him. is entitled TO recover
n
who had established his right to certain of
defendant 1t will illustrate the question to inquire how
far this right extends between private persons Laying
aside the right to interest founded the oblga-
ton OF contract party in suit at law is entitled to u
only upon of three grounds. The right to recover
interest must depend
1st. Upon statutory provisions.
"a. Upon the authority of adjudged cases; or
3D. Upon some usage known to- and recognised by, the
II is difficult to conceive Of any other foundation for this
right
The FIRST ground is sufficiently ineligible without any
further comment
As TO the second ground the authority Of adjudged
cases it is somewhat remarkable that upon subject Of
such frequent recurrence and necessary TO be early set
tied and understood the decisions of the courts both
American and English, should be numerous and SO dis
cordant analysis Of the authorities will show that 1t
is difficult if not impossible elicit from them any gen.
eral rule regulating the rights and liabilities of parties
upon this subject An elaborate and able investigation of
the is to be found in the opinions of Savage j.
and Sutherland j. in the of Reid the Rensselaer,
Glass Factory Cowen $751; in the supreme court of New
York, and in the opinion Of Mr. Senator Spencer in the
case in the of errors, reported Cow, 5s7
But Is unnecessary at present 10 attempt an nvestga