The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-07

COURT OF CLAIMS.
The discussion Of the House to-day involves the question
to the proper disposition Of the reported TO Con-
gress by the Court Of Claims Il is important that the
6rst step should be in the right direction for the
precedent OF to-day becomes the law Of tomorrow II
would be evident that Congress in constituting
this tribunal intended it something more than mere
agent 10 ascertain facts and brief the law II il eoa
which they established and its duties are administer
ed by Judges appointed under the constitution To this
tribunal has been assigned portion Of that judicial power
which by the Sd section LIST article is vested in one Su
preme Court and In such inferior courts as the Congress
may from time to time ordain and establish Congress
though late thus freed itself from the imputaon which
Judge Story and other legal Commentators alleged existed
against the government that while in the exercise of its
functions enabled TO and 10 compel the en-
oreement OF It's own rights against the citizen yet that the
citizen was len with no right against the government in
the same transactions except the right TO petition Con-
gressa body which, from its very organization Is unfit
for that attentive investigation which courts OF Justice are
50 well calculated TO afford.
The decisions Of this not final in the sense that
execution may issue thereon Nor wonld refusal by
either house OF Congress adopt bill reported be yio-
lation OF duty As money be drawn from the
uy except by act of Congress aud the passing Of the
Is the exercise OF the will Judgment Of the Congress the
question Of power is ndispuabe On the other hand the
report OF the court should be received deter
siuton and laws Of the United States and fairly
mine such controversies are within their jurisdiction be-
tween the government and the citizen.
When once this determination is had there should exist
very strong for challenging its and II
safely be said that such Is the feeling that
sreposed in judicial tribunal by the people Of the
try that citizen armed with judgment in his favor
would despair Of day another finding vora-
BILE concurrent maotes in the two houses Of Congress-
less such Judgment is shown 10 be grossly On all
questions to the weight of evidence and in all questions
involving municipal law, the country expects that
the rights Of the parties ascerained by the court will
be respected by Congress There questions Of great
national interest involving important questions of ntern-
tiona awquestions which parties have been rallied
and on which the public mind for long series of years
been dvidedthe decision of which by the may
meet with ready acquescence But these questions
very few in number.
The regular jurisdiction of the court is confined to
claims founded upon any law of Congress- or upon any
regulation Of any executive department upon any
tract express implied" There still remains large class
OF cases where relief would be grounded high consdera
tons OF State policy and where legal obligation existed
to administer it, In the former class Of the way has
been blazoned out by the principles Of judicial exposition
through long series of years applied to controversies
between citizen and citizen la the latter class the rule
found alone in foro eoascent and this is probably
served for the exclusive publication of Congress alone
for by the act Of its organization it would that il
certainly entitled to at least much confidence IL
similar report had from the Committee of Claims.
According to parliamentary practice, report from
itte without special assigned is sent back
another special standing committee, but is Immediately
referred to the Committee of the hole House. where takes
it, place the calendar. If Congress had believed
that the interest Of the government well the claim
ants could be better investigated and accurately
termined by the than by the Committee of Claims
would have incurred the expense Of establishing and
maintaining it, II supposed that in Committee of the
Whole the House cannot be accurately informed TO
vote undersandngly. This would be erroneous
for as all the proceedings in each casethe judgment the
facts and the law upon which it is predcated well
the argument Of the solicitor and counsew all be print
cd and laid the desk OF each member question could
arise which could not be answered by the documents
selves If the idea prevails that each should be
tgated de by the Committee Of Claims and again re-
ported by them it would follow that the court
is relief TO the business of Congress and only serves to
impose additional expense and delay upon the claimant
have thus hastily thrown out the impression made upon my
mind by the debate in the House which has been adjourned
over for tomorrow. JUSTICE
WASHINGTON, March Q, 1856.