The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-01-10
COURT OF CLAIMS.


The Arganent In favor Of tho claimants made By j.
Ety. ESQ., Of New York and that in behalf Of the United
States by the Solicitor
The argument in these win be closed BY
Mr. shernan, Of this city, who appears for The claimants
The court adjourned till II o'clock to-morrow.
The following opinion in the case Of William H. wigg %.
the United States delivered by Chief Justice Gichrist
on Friday last, January 4th
10 he honorable Quart Of CLAIMS Of ts Usd SHADES, sttnq
90 Ha4Aiagtoa, D. G.
Your petitioner, William Hazard wgg Of the State Of
South Carolina respectfully Representa- that by the act OF
March ls6s being chapter Ss Of the acts Of the second
session u the Thryeoond Congress enacted that
the proper accounting officers under the direction Of the
Secretary o. the Treasury adjust and settle the claims
Major lillian Hazard Ngg deceased for losses sustained
by him while retained hostage by the British officers du-
ring the Of the reyolnton The second section Of said
act also directed the said officers allow the S3
with legal interest from the 4ih of March, 1850 and
third aud last section thereof authorized the Secretary
Treasury to pay 10 your petitioner the andson OF said
ceased 1.-THE that should be 10 be due on
account OF paid losses, including the Interest"
Your petitioner further represents that constituting this
officers treasury refused 70 pay ANYTHING
the named IN the second section OF said with
the interest there allowed declining 80 adjust and settle
o. said losses according to what your petitioner believes
be the true intent and meaning OF said act.
Your petitioner alleges that his belief the cum allowed
wholly inadequate estimate OF the losses OF his said
grandfather, without taking Of the interest BY
reference to the made to the House
by the Committee Revolutionary Pensions, tRep. No
Tic, LIST session sd Congre) il viii be that the esti
in the bill reported by them, which afterwards became
But in the first item Of that estimate il clerical
OF no less than 81 56O the value OF the ninety
at $3.50 each being S i40 instead Of $35sSo, the
estimated.
Decides this evident calculation your petitioner
has since discovered testimony not discovered at the time
his application to Congress- by which he believes he
tabsh the fact that addition the estimated
SAID report and allowed in the his said grandfather also
lost his crops to the OF about ak thousand dollars
As this ioas produced by tho and occurred
at the time that already paid for and was indeed
part OF IT, petitioner insists that ought have
allowed and paid by the accounting officers Of the treasury
Your petitioner further insists that, the Claim of his
grandfather based upon established principles OF the
public law laid down by all the great writer's that
jec he is entitled interest the loss
ably and justly argued by the aforesaid committee the
House Of Representatives in the report already referred
view OF the LAW nasmueh passed the bill the commit
tee and sent il to the Senate without alteration.
The Committee on Revolutionary Claims in the senate by
its report No. $685. LIST sess SD Congress- also The
the subject of interest And now respect
fully Submitted to the court that the law OF the case as il
stated by the respective two houses
Congress in their reports aforesaid and ought be de-
cared by this tribunal in order to the
cision made at the Treasury, as already stated.
In consideration OF the premises petitioner prays
Of all the losses sustained by his grandfather
and that the same with all the interest properly legally
due thereon, be allowed and reported to Congress
payment. w. H. WIGG.
BRows, srAsroS, and wAlKra,
Attorneys.
The question presented by this petition Is whether such
would authorize order
the taking Of testimony
The the question depends upon construction
be given the Of March g. 1858, eh 1885, I'd session.
sd Congress This consists 81 three sections The
section provides SHAT the proper accounting officers under
the direction Of the Secretary Of the Treasury adjust and
settle the claims Major William Hazard Wigg deceased
late OF the State of South Carolina for losses sustained BY
him. said Wgg whc retained hostage By the Brit
ish officers during the war Of the revolution"
The second section enaots that the said accounting officers
adjustment of the said losses SHALL and they hereby
II ,.tia. EngA F.l..
thousand hundred and nney-seven dollars with
legal from 4th day OF March, 1851 until the day
Of stating the account OF said losses"
The third Secretary Of the Treas
ury be- and he is hereby authorized pay William Haz-
xafd Wgg, the grandson Of the said lillian Hazard Wgg,
deceased the that shall be asceaned 10 be due
account Of said losses including the interest Of any
money in the treasury otherwise appropriated"
The construction given 20 the different sections O. this
by the Solicitor a. section was intended merely
state the grounds which the allowance was to be
made that the second section meant 10 declare aud
limit the be PAID aud that the third section in
tended only provide that the specified should be paid
the claimant the grandson Of the deceased Major wgg
He contends that the whole duty Of the Secretary
formed b. paying the claimant the Of 97 with
the interest thereon
The claimant alleges that he officers Of the treasury have
refused pay thing beyond the named second
section Of said act with the there allowed declining
TO adjust and settle said claims or to ASCERTAIN e
the petitioner Dseves to be the true and meaning
said act"
1t unnecessary for determine 10 investigate auy
other question than that which aes upon the face the
ITSELF II the three sections Of the act had had pur
than such the Solicitor contends indicated by them
would have been the easier and mode 70
vide by section only that the Of s37 g7 should be
paid 10 William Hazard Ngg for losses sustained by his
grandfather, Maj William Hazard Wgg while detained a.
during the Of the revelation There Il no mystr
TO be applied the exposition of statutes II 10 be
presumed that the legislature intend that words used In
statute shhl have their natural effect Their meaning l. 10
be ascened by the language they have used and Il i not
to be supposed that they have used words without intending
TO convey any idea. Their whole purpose erpressed 10
the act 70 be carried ino effect IL possible and no clause
% be rejected unless Il necessary IN order 70 accomplish
The object intended BY the Legislature.
Tried by these ruler the whole meaning az the act
cannot be said to BE- confined The "a section a. q
stands a. 4 would be n Il we're 90 expressed
accomplish only the object supposed by the Solicitor
His construction, and ingcuou. AZ Il H. does not
10 70 be The obvious one When the let
ton expressly provides that the accounting officer. of The
treasury shs "sdust and settle" the claims OF Major Wig
know o. rule Of construction that would authorize "a
70 ay that these words bad meaning and that Congress
did not intend that the claims should be adjusted and settled
by the accounting officers. II say thee words
had no meaning and that Congress did intend 10
the idea which the words express what express provision
any act OF Congress may not reject and where could the
line be drawn The "a section Of tho provides that the
said seoounng officers IN tho adustment o. said lossa
shall allow the said Wig the specified II not there
fore, mere provision for the payment 81 this sum- II i'm
plies that the Let ccto, requires something be done be
cause the sum Of SS 1877 l. TO be allowed Gin the adjustment