The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-08-02
Ftom the Philadelphia Legal Int
THE COURT OF CLAIMS.

THE COURT OF CLAIMS.
The act Of Congress organizing this branch Of the
federal Judiciary forms the important feature in the
legislation of the last Congress 1t belongs essentially TO
the class Of reforms that affect the permanent interest and
welfare of the people We that it is but the torern
ner Of many other improvements Of which stand in
need As people reluctant 10 disturb the estab
lished laws of the land, to venture the dangerous
grounds Of experiment and progress. We not
TO change but how few changes bring with them
pondng advance in the prosperity and happiness of the
country We have particular love for the law
The student of Lord Coke becomes his disciple and
SUCH only compehends his learning, but mbbes his
prejudces He cannot however in this age remain stead
fast by his faith Every thing around him tells him that
Notwithstanding he has been taught that law is science
and science too that claims nothing less than the AFRO
CANT distinction Of being the perfection Of reasonsti the
lessons OF history the conditions of society," and the march
of time with all It's attendant changes in moral physical
and intellectual science compel the law not
y TO relax its rigor but TO abandon It's rules and TO
llunine its devious and intricate labyrinth of artificial
distinctions and absurd teohnicalties by the lights of
modern experience Blackstone at this day will hardly
give the necessary elementary instruction in the principles
Of English law prsctised in the courts of Great
Britain. Not merely in the organization and mulipea-
ton of her courts bringing justice home TO the doors OF
her sube Gets bnt in the rules OF evidence and rad
caly in the laws of real property has England the
world example OF real and substantial reform Her
greatest lawyers rising superior To the force OF education
and the love of GLASS; have been the first this great
work The States of this Union furnished England many
valuable hints, and many good laws, England before
long, will discharge the obligation by giving back
complete and matured system of legal principles capable
of administering both law and equity cheaply speedily
and efficiently The late Horace Binney Wallace whose
premature death has deprived the world of the best fruits
OF his wel-iraned and wesored mind, imbned with the
philosophy Of Compile and becoming his most brilliant
disciple in America the great reormer has himself
i6ed conceived the idea of writing work the civil
law the system of the nductive philosophy and had
he lived this grand thought he would doubt
less have given US work much better than Codes and
Dgests mhodyng the truths of history the fruits of
perience principles of law adapted the present
of society," deduced from the history of the past
The Of the oath of February, 1856, establishing the
Court of Claims coniers upon jurisdiction to hear and
determine the claims founded upon any law OF Congress-
upon any regulation of executive department upon
any contract express implied, with the government of
the United States and all claims which may be referred
said court by either house Of Congress-
This grant Of powers may be said to comprehend all le
gal causes of action arising from tort contrasn-
gushed from those that merely merorous which lat
ter may be specially referred to the court by either house
of Congress The Of claims existing against the
government has been accommodating since the reyou
ton aud they sufficient both in number and magpi
tude to occupy the for years Many Of them
rest upon evidence the highest character They sup
ported either by Judgments obtained in the courts OF the
different States ny documents on the files Of Congress-
in the executive departments, or by testimony already
taken before committees of the House Senate and duly
reported We apprehend that there are AT present but
comparatively few depending oral testimony
This state of things will only lessen the abos of the
Judges. but it will likewise prepare the way for better
understanding Of the merits Of the cases. and more
prompt and satisfactory decision the points involved in
dispute Congress has provided that the Court shall have
power to call upon any of tue departments Tor any lnor-
papers il may deem necessary and have the
of all recorded and printed reports made by the commit
Of each house when deemed to be necessary Thus
besides the right take testimony in which present
prima facie against the government every facility
afforded obtain such documentary evidence in the
chives of the country required for proper adjudca-
| ton of the claims.
The jurisdiction is TO hear and determnen but only
sub mode. Very unwisely in opinion Congress has
the right of approval and reversal When the
court shall have finally acted case they must report
to Congress the material facts which they find established
by the evidence with their opinion in the and the
upon which such opinion is founded together with
the testimony. In those which shall have received
the favorable decision of the court they to prepare
bills in order that il may be carried into effect The bills
repofted, then fairly launched upon the of
gressona legislation to be tossed TO and fro by the winds
and of policy, selfiuterest and perhaps political
sentiment When adverse report is made the claim is
to be placed the calendar and the OF time
it up for the action Of Congress- to be either
frmed reversed The court whilst It possesses high
responsibility and most delicate trust act nevertheless
Congress The act of Congress
ing the is entitled An establish for
the Investigation of claims against the United States"
We believe ii would have been much better had Con-
gres made the decision of the court final and conclusive,
with some provision by which just claim could have been
paid of the treasury without ubjecng the claimant
to the uncertainty of congressional action after be has
dergoue the trouble inconvenience risk, and expense of
litigation The power given 10 the court is Judicial and
why not leave itso and make IL complete and Efficient in
stead Of coufounang its fur with those OF Congress-
which are purely ieisqusf To doubt much about the
right OF Congress thus enlarge the powers Of she cont
almost doubt the consta;ionay of the court itself
But, spite of these objections, the Court Of Claims is
destined do great deal OF good and although much de-
ponds Congress still much also depends upon the Judges
The appointments the bench deserve unqualified
praise The Judges well calculated 10 inspire the
fdeuce Of the country. Their talents undoubted and
to great learning they combine exalted integrity digned
manners, and close application. Such high character
in such tribunal absolutely required. Had the
President OF the United States instead of looking for the
objects Of his choice among those who occupied the high
est judicial seats in the several States filed distinguish
ed situations the universities of the country turned his
attention to the throng of politicians partsans,
not only would he have abaed the dignity and import
Of the court, but, doubt not be would likewise