The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-11

couar On CLAIMS.

aTh judicial VoOey Of the United States shall be vested
n one Supreme tohrt and 10 such ieror courts as the
Congress may from lime 70 nms oraAih ana establish
The Judges are TO be appointed by the President and
Senate are to hold their Offices durng good behavior to
be sworn ITO support the constitution and the constitu
ton is BY lis terms made rthe supreme law Of the
land
Article sec declares that "oh igisiatise Poeers here
in granted shall be vested in Congress OF the United
States and By art o "the ereeupe pooer shall be
vested in President Of the United States of America"
The Court Of Claims established by the last Congress,
4, yequiar constitutional cart n he United Saes, the
Judges Of which have been appointed by the President and
nate as the constitution requires hold their Offices by
the act establishing the during good behavior and
have been sworn ITO support the constitution"
This being the character Of this tribunal Congress could
not consutonally assign 10 it "any duties but such as
were properly Judicial and to be performed in judicial
manner" r.aa.s..
The judicial powers being, by the constitution entirely
distinct from and independent Of the legislative depart
ent Congress could not consitutionay TO Itself
the authority ITO sit as Of the judicial
acts or opinions Of this court"
This doctrine fully sustained by the opinions of all the
Judges Of the district circuit and Supreme Courts of the
United States in their communications addressed TO Pres
dent Washington in regard their duties under the PEN
sion act Of 1902 to be found in American State Papers,
vol Miscellaneous, PIP. 40 to 5a Dallas PIP. 400,
4O ALL Note to Hayburns Casej Curtss Decisions OF
the Supreme Court PIP. 9, 10, Il, u, Note.
The judges declare this separation of the legislative and
judicial powers and The entire independence of the latter
" principle important to freedom" u
Under that act all e judges refused 10 act as judges
-
executive officer he Secretary Of War; that of Con-
gress declaring such revision Of the judicial action Of
the courts and judges unconstitutional
portion OF the judges undertook to act in their indi-
pduql capacity commissioners, and not judges
court but he Supreme Court after full argument dec-
ded unanimously in 1884, that the judges could mol eons
tuionaty aet in any capacity but judicial one and that
their in any other capacity unauthorized by the
constitution and voidb. vol State Papers, D. 10, letter
of William Bradford Attorney General to the Secretary Of
War; communicating the decision of the Supreme Court
The case was carried before the Supreme Court by the d.
recton of act Of Congress and the action Of the judges
as commissioners declared void by Congress the
thority OF the decision Of the Supreme Court vol Stat
at Large, pp 324, 4oi. m ,~
There was doubt whether the duties to be performed
by the and judges under the of 1892 of
judicial nature but there Isl aud be doubt that the
duties be performed by the Court Of Claims of n
strictly judicial character since they 40 hear and deter
all 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 which duties in the stretes sense
dicia The act true alec gives the jurisdiction
of a claims which may be referred to said by either
house of Congress- but this clause has construed by
the claims the character before described
and not to give IT Jurisdiction of claims which
founded upon any established principles of law equity
and are therefore, of judicial character since there
would be no known rule of law to apply to them and
nothing for judicial ratioeaaion to take hold Of and
upon
Claims of this latter character dismissed by the
and returned to Congress proper subjects for the
else Of the legislative and not the judicial power.
The Court of Claims, then, judeiaily and cannot
eonsutionaly obcrwise; and It's Judicial decisions
within its jurisdiction cannot be revised and re-
vesed by Congress withouta violation of the constitution
but silt Congress possesses the legsipe discretion
making appropriations pay the decisions Of the eour
not they shall ft, This gives the most ample
control 10 Congress- and it clearly all they cons
tutonary exercise.
The Court of Claims acts by proof OF law, with all tht
steps and precautions of regular judicial proceeding
testimony is taken upon examination and erossexanna
ton; and the fully argued il open court by
counsel both in behalf of the United States and The
claimants after which the decision Of the court is mad,
upon established legal principles and after the most care
ful judicial elaboration,
To treat judicial decisions thus made upon the legal
caimsof the citizens Of the United States against the
government as the reports of n subcommittee o.
Congress would be trihing with the rights Of III,
people The dignity of the Judicial power defined and
limited BY The constitution and the sacredness Of public
justice
To show The necessity for such tribunal and the au
thory aud duty Of Congress in relation to its establish
ment beg leave TO quote the following section from
Judge Storys Commentaries the Constitution where
speaking OF the OF judicial tribunal 10 ascertain
and establish the ust demands OF the people against IN,
government be says:
at has been sometimes thought that this serious de-
feet IN the organization OF The judicial department of 10.
national government IL Is not however an objection e
the constitution ITSELF bat 1t lies n ALL against Con
Fress for not having provided las clearly within he
constitutional authority 10 dol adequate remedy for al
private grievances Of this the Of the United
In this respect there Is marked contrast hetw
the actua right and practice o. redress 10 the naonnl gov
crnment ell IN most OF The State governmental ant
the right and practice maintained under the British constt
tuition. la England II has In point Of prop
ery just demand upon the King he may petition him ii
bis court Of chancery by wha scalled petition Of right
where the chancellor will ADMINISTER right, theoretically
.x,ts. -.