Daily American organ., 1856-04-22
Court OF Claims.
ABSTRACT OF OPINIONS DELIVERED.
PREPARED BY JOHN G. DEvEREUx AND N. rHosr-
SON, coUSsEILoRs AT LAW.
Jurisdiction.

Lurisdiction. gV
/. BY the institution of the Court of Claims a
new party defendant has been called into existencs
and made to appear before it.--Per Giichvist, c.
j.; Todd VS.. United States
2, When petition is presented to this Court tho
United States occupy the position of an ordinary
defendant In suit at aw.---I6. r
.. If claim be alleged to be founded upon
amy law Of Congress- this Court will construe
such law and ascertain its meaning by applying to
It those rules of construction, which wise and
long-continued experience has determined to be
the best adapted to that purpose--I6.
4. If a claim be alleged to be founded "upon
any regulation OF an Executive department" this
Court will construe sush regulation and ascertain
its meaning by the same rules of construction ID
b. III contract with the government be the
foundation of the claim this court will determine
the nature and validity of such contract by thsnci.
plication thereto of known a.,'
pies of laUppneation of principles of law in this
court is equally necessary in regard TO the claims
referred to it by either House Of Congress- as IN
those Oh winch the court has jurisdiction apart from
such reference.--U.
2: The duties of this court are not advisory or
Its decisions recommendatory, but It's qualities are
only those which properly belong to court. which
can only adjudge whether its jurisdiction h~ A-.ai
or not.--N.
s. In establishing the Court Of Claims Congress
diu not intend to constitute council to advise
them what course it would be honest and right
or expedent for them to pursue in any given
case.---b. e, I
9. In establishing this court Congress intended
" to establish a court for the investigation of
claims, to ascertain the facts In each case, and the
legal rights and liabilities arising from those facts
ID.
10. This court does not occupy the position of
a jury, but necessarily, to certain extent, exer-
cises some of the functions of one It ia called
upon to determine questions Of fact.-I6.
III. This court possesses no portion of that wide
discretion which, according to some of the cases
at common law, juries may often exercise.--Ib.
IL. 1t is not the duty Of this court to recon-
mend to Congress the passage Of laws to supply
any such deficiencies as may be supposed to eI-
ist--Ib.
n, Practice.
ID. It seems the court will order the taking of
testimony where the facts set forth In the petition
of the claimant furnish any ground for relief -
Per Scar6wg, y. Gibbons ed al. vs.. United States.
IA. This court applies to eases before IT, the es-
tablished principles of law and equity y-Pcr Gil
christ, O. j. Todd VS.. United States
l5. This court cannot adjudge without founding
its judgments upon the law which is its rule Of
conduct, and where 1t can find no law it can rem
der no judgment.--B. t$ae
the law as they find 1t established, and apply It to
the cases before them, and not to create f. us d.
GER and not jus dare.--Ib.
II. The "opinion In the case" which, by sec
ton seven of the act creating it, this court shall
report to Congress" can mean only an opinion in
the nature of ajudgment as to the rights Of the
parties upon the facts proved or admitted in tho
case.-B
Is. 1t seems where by act of Congress It is spe-
.oIl,r 80. -, ~
Treasury, among other things, to adjust and settle
certain claims, which they decline to do, upon re-
view and reversal of such decision, the court pro-
ceeds itself to adjust and settle the claims-Per
Gilchrist, O. j.; Wigg Us. United States.
Statutory Construction
10. There Is no mysterious art to be applied to
the exposition of statutes. 1t is to be presumed
that the Legislature intepd that words used in
statute shall have their natural effect.-Ib
20. The meaning Of the Legislature is to be as
certained from the language of the statute, and il
is not to be supposed that they have used words
without intending to convey an idea.-Ib.
FL. The whole purpose of Congress, as ex-
pressed in the statute, is to be carried into effect
il possible and no clause is to be rejected unless
it is necessary in order to accomplish the object
intended by the Legisature.--lB - s.
G A Linitation.
22 II seems the United States cannot plead the
statute of limitation in this court without the ex-
press authority to do so of Congress m or be sub
ject to other laws enacted before they (the United
States) could be made party to suits, and whose
application to them as such could not have been
snticpated. Giichrist, G. j.: Todd vs United
States
%. The right to interest is wholly conventional
in it's origin, as il depends upon law and usage
where they are not found the right cannot be said
to exist.--B.
"a The liability of the United States to paw in
terest cannot be founded on such usage as enters
into and forms part Of the contracts of individ-
uals; the usage is directly and expressly the re-
verse-I6
25. The Government has not only omitted to
pay interest," but for the greater part Of century,
it has expressly refused to pay It'd
20. The liability Of the United States to paw In
terest upon debt cannot be traced to any of the
sources frem which the liability of individuals to
do 80 can be deduced.-B.
~. There are no acts, nor is there any general
law Of Congress, which imposes upon the United
States the liability to pay interest upon debts due
by them, nor has any general appropriation of
money ever been made by Congress for the pur-
pose Of paying claims for interest.-I5.
2s There are no adjudged cases which might
serve as precedens to this court for deciding that
the United States legally bound to pay interest.
as, until the institution Of the court there was no
mode in which a suit would lie against the United
States, by which their liability to pay interest
could be made the subject, except incidentally, of
judicial investigation.-B.
30. II is not within the province or the duty of
this court to say how far 1t would be just and equi
table for the United States to pay interest by anal
ogy to the laws and usages which regulate pecuni-
airy dealings between individuals.-b
40 re tho Tn;tad States bound intarcat
under the name of damage" or INJURIES" or
" indemnity or satisfaction" or redress" or
corresponding words in treaty stipulations I'D.
Ousrs .