The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-06-23

abroad that Madame Konc0ni was dead, the allowance
was stopped and Madame Ronconi had in consequence
been reduced to great distress She had to this
country to assert her claims but she had able
to induce her husband to do anything towards her sup
port on the unfounded plea of adultery in Italy, and
having at length pledged every available article for her
sustenance, she totally at loss what to do to
| compel her husband to allow her out Of his ample
means-hs professional income amounting TO about
ossa hsnc or nrr
resided? The applicant said Signor Roncon pre-
sent cohabtng with foreign prostitute. Mr. Bingham
said there no difficulty in the The applicant
could either consult solicitor or might apply to the
authorities OF the parish in which she at present
living The applicant thanked the magistrate and with
| drew.
The Messenger des Theatres states that the of
thors' rights in 1880 was only 500 600 francs whilst in
1886 it less than 1877 S72 francs-thus di-
vided-iari, 1065 426 francs suburbs, 1851 francs
departments 22S, 934 francs These figures were fur
nished by the report lately read at meeting Of the Ora
| matte Authors Society
The Emperor ordered the receipts of the Grand Opera
when the "Corsare performed to be given TO the
widow Of M. Adam the composer of that piece.
Interesting Report. from the Court OF Claims
WASHINGTON, June 90 1856.
Below give you copy of an interesting report sent to
the houses of Congress to-day by Mr.. Chief Justice
Gilchrist of the United States Court of Claims 1t is
brief clear succnc of the scope and oper
atoms of this important tribunal and will be read with
| interest by the whole country
| To SENATE HousE REPRESENTATIVES or TIKI
Claims asks leave respectfully to make the following
statement
the reports Of its decisions by the act establishing
the court be made Congress, and its operations
be but mperfcctly known except TO those who are
Immediately engaged in their execution some statement
of the character and extent of its business may be accept
able There is no doubt that erroneous opinions have
been entertained in relation to the nature and difficulty Of
the which presented to the court and 1t Is de-
sirabe from the experience of the last nine months to
make to Congress such statement will render intel
Hgiblc the position and duties OF the court.
The act establishing the court provides that the court
shall hear and determine all claims founded upon any
law of Congress- upon any regulation of executive
department, upon any contract express or implied
with the government OF the United states which may De
claims which may be referred TO said court by either
house of Congress"
careful not exceed the powers conferred upon US by
Congress. We have endeavored to limit our powers as
rather to fall short of than to exceed the jurisdiction con
fcrred on US by Congress. Acting upon this prin-
ciple, we have decided that in order to justify
decision in favor of claimant his claim must in all
be founded upon some legal rights This principle
have adopted in the cases of Todd VS.. the United
States and Lindsay the United States. We have not
regarded ourselves council to advise Congress what
just and equitable jury TO exercise merely
discretionary authority Where q claim has been
ferred to us by either house Of Congress- have not
supposed that the whole power OF Congress over the mat
ter was delegated TO us but that we were to report our
decision whether the claim founded upon any legal
right Our opinion has been that what was required by
general principles OF justice, irrespective of law was
matter the decision of which was not intended 10 De con
ferred upon the court
As to the business of the court we convinced that
who has not had personal experience on the sub
ec have any correct idea OF its diversity its intrca
cy it, perplexity the exhaustng labor necessary for its
investigation or the large sums OF money involves IN
Ill the institution of this court there had never been any
thing like systematic inquiry into the modes of action by
the government through the executive departments, or
the relation in regard contracts and the liabilities arts
ing hcrefrom, which the government bore to the ci-
1t inevitable, and it is astonishing that il
should not have been sooner perceived that among
ty.fiy
territory comprebended by the Union nnumerable ques
tons of the most difficult aud delicate nature must
have arisen, delays in the decision Of which
alike discrcditable to the moral sense OF
the people. and to the public faith of the government,
Of which the people were tho foundation It has been
often asserted and proved by the experience of the British
Parliament that legislative bodies untitled by tho
pressure Of great public interests from careful judicial
investigations into private rights. The consequence has
been in country that claims accumulated until their
very magnitude repulscd all willingness to investigate
hem and state of things which made it hopeless
almost to present claim against the United States with
any prospect of decision.
II may be remarked in relation to this point that
Of the before belong the history of past gone
ration They have been pending before Congress during
crods varying from five years to eighty years and in
numerous instances although reported upon by commit
tees their merits do not appear to have received care
ful investigation.
Such was the condition of affairs when entered upon
the discharge of duties. Our field of action was
entirely new We had no precedents to guide US was
necessary at 10 adopt system of rules for ee
transaction of business The ordinary rules OF practice
in courts Of law obviously napplcable We were
the subject conscious that should be forced often to
modify and sometimes abrogate them We found numer
involving questions entirely out OF the path of
ordinary legal investigation, requiring degree Of care
and study rarely necessary in courts OF justice.
Cases Of contracts, intricate in their detail imper
fcctiy defined by the evidence, rcducble with diff
Guilty to any legal principles and in amount
met at the threshold. Cases involving the proper
construction Of treaties important questions OF public
law and that most difficult and delicate OF all questions
the responsibility Of the United States to their citizens,
were laid before us The construction of Congress-
he o
duties and liabilities of government officers, the constu
tona powers OF the general government the duties OF
neutral nations and questions arising out OF state OF
all directly incidentally TO be inquired into
IT be presumed that with due regard to own
reputation to official oaths were disposed 70
pass lightly upon questions such momentous importance
Our object has been TO decde against tme not TO
many hours, but to give each case such degree OF
and patient attention as would enable US TO use as
precedent in subsequent of like character Our
desire has been not to get rid Of the cases. but 70 decide
them; and in order TO do that, they must be carefully
examined. One case involving less than two millions
Of dollars occupied three weeks in the argument.
Another case OF great importance 10 principle,
quired two weeks. These were argued by the
most eminent counsel in the Union Many other cases Of
consequence have required from three days week. II
Is difficult estimate the amount OF sums involved in the
cases pending Is sufficient 70 say that II
an extensive experience upon the bench, and
that experience convinces that ordinary judicial du
to be compared in difficulty, responsibility and
labor with those or our present position
We take for granted that the object Of Congress
the award Of equal and even handed justice
the claimants and TO heg0vcrnment alike. We are con-
WINGED that with the present force that object cannot be
accomplished should be- The duties OF the Solicitor
have been performed with conscientousness and fidelity
10 the United States, worthy OF all imitation. But no
lawyer, however experienced and eminent, pro-
pcry represent and protect the interests Of the govern
meIt The his duos are so harrass
and his labors unceasng that this Is entirely i'm
practicable. He is side Of every case, opposed 70
the most eminent COUNSEL and forced 10 perform an
amount Of physical labor exhausting TO any one The in
Of the government cannot be properly guarded
without immediate Of the persons whose duty
II Is to represent them.
According TO the provisions OF the act Of Congress,
II Is necessary that the Court should act twice upon
every claim brought before them. The allegations
In the petition must first be examined in order to
determine whether admitting the facts stated TO be
true, the claimant Is legally entitled 10 relief. II,
in the opinion Of tho Court, the facts alleged, even
true, do state any cause Of action, there Is an
ind Of the case far the action OF the Court Is con
cerned the Court should be OF opinion that the facts
stated If proved, would entite the claimant TO relief