The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-07-30


Congress passed to confer one. 1t is a disputed
question whether the Court of Claims has power
and authority to act upon such eases The point
has been strenuously mooted between tho present
Solicitor and very learned and able counsel But the
question has not been finally determined. 1t has
been contended that the should settle the facts
Of the claimants case, and recommend TO Congress
what the court thinks it ought to do 1t is answered.
that this is needless labor where there is no law
science-keeper of Congress- who must legslate, UNI
der their oaths, for themselves. Congress does not
need settlement of facts in any case to enable it
to legslatc when it lays down general legal prncir
pies applicable 10 all cases that may arises Such
laws operate upon all parties who have claims under
them and these bo best established before the
proper accounting officers in the usual way Besides,
il is physically impossible for the court TO settle The
facts in all of this class of cases. OF which probably
ten or twelve hundred out Of about eighteen hun
dred have been already presented.
1t must be conceded that private Individual legs-
ation is liable to great abuse 1t generally deals in
results, OF conclusions, without leaving trace
of principles of action, which are, not unfre-
quenty, purely personal, though sometimes politi-
cal or party purposes constitute the motive of ac-
ton General laws not liable to these objections
They rest upon broad public foundation, and apply
equally to all who come within their provisions If
q specific act has been performed which the govern
ment wishes to compensate, the law should be gen
eral, and apply to all who perform such particular
acts. pension was once granted by Congress to
the widow Of revolutionary soldier, who did not
come within the general law and for the alleged
reason that she was over eighty years of age and
had had fifteen children. Now if this principle was
right, the law should have been general and allowed
pensions to all such widows, who were 80 old and
who had had SO many children. In making gen.
eral laws to establish great and just principles
Congress does not need the facts in any individual
case to enable them to act, and therefore there is
no reason for settling them in advance. If single
cases are to be acted upon, then every man who
comes within the principle involved must CO. first to
the court and then to Congress, thereby mourning
unnecessarily the abors of the court and Congress-
and the trouble and expense Of the claimant. Cen
eral laws obviate all such difficulties, and do equal
and exact justice to all alike which strongly tends
to increase the respect and affection Of the people
for the government Enact general laws, and we
shall no longer hear continual complaints Of those
who are denied what has been awarded to others
under similar circumstances. The Court of Claims
is now useful tribunal. 1t is easy to make il more
So and to render it the great arbiter between the
government and the people in all those cases of ex-
listing legal claims not provided for in the other ri
bunals Its great function should be to declare the
rights of tho citizen and the duty of tho
towards the latter These rights should be as clear
ly defined and religiously enforced as those be-
tween citizen and citizen, and with as little delay
| and expense.
An additional jurisdiction may well be added. 1t
often happens, that under existing laws two or
more persons claim tho Same money from the trca
sury, or patent for the same land The executive
officers have not the of judicial investigation,
and their decisions arc not final In such cases.
where tho right is conceded to some one but it ia
uncertain to whom it belongs, the officer may well
be authorized to require the parties to go to the
spective pretensions. Such a jurisdiction ought to
be conferred upon some tribunal, and none seems
more appropriate than the Court Of Claims
We will only add, that inasmuch as the statute
requires the judges Of the Court of Claims assign
reasons at length for their opinions whether for or
against the claimant, it is apparent that the number
Of judges is too small The labor of investigating
and writing out opinions in common-law cases is
very considerable but it is far greater in those
which originate in the operations Of government.
This is especially so when the judges required
to prepare full statement of all the material facts,
as we'll as their conclusions of law and the reasons
therefor. In the Supreme Court the labor is divided
among nine judges In the Court of Claims it all falls
upon three. We believe it is the opinion Of nearly
every person doing business in The court that the
number Of Judges should be increased.