The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1871-08-24

which are ahke essential to uphold
the dignity of the crown on the ons
hand, and the rights and libert;es r &c
the subject on the other"
"Therefore" lis the conclusion
the Court of Claims) cit appear /
the concurrent opinions Of an h
Judges of the six great cour,s
Great Britain-the Exchequer. 4
Common Pleas, the Queens Bens1
Chancery, the Privy Council, and n.
House Of Lords-that it is a fund.
mental principle that every Bri6.1
subject who has suffered a legal Tro1.
shall have legal redress aOa;ns,
some one-a lofty ground to be man.
tanned, but the only ground to stand
upon if vested rights are to be secure
or laws are to prevail over men,"
Unfortunately, the contrast doe.
not stop with the English judiciary
In cases of legal conflict between t6s
solitary citizen and his government
the judicial sentiment Of Congress
seems narrow beside that Of PsrIis-
ment. A citizen of the Unitod
States has no legal redress against
the government save in the Court Of
Claims, and there the jurisdiction i
limited to actions on contract; While
the only judgment which can be rem,
dered must be in money, and neither
interest nor costs are recoverable.
The Court of Claims thus states tbs
substance of English Legislation;
"Shortly before the reorganization
of this court, Parliament passed an
act, known as sThe Petition of RipR.
Act of 1860, or popularity from Id
learned author, the present Chief
Justice of the Common Pleas, a
'Bovill's Act By it, the creditor
of the crown was treasured as to an
the remedies of the common law for
lands occupied, for goods withheld,
for property taken and used, for con,
tracts broken; and under it he NAV
take defaults against the crown, and
recover costs, and seek relief either
in courts of law or courts of equity.
Nor does the contrast stop With
England and English Jurisprudence.
In 1868, the Fortieth Congress, in
order to complicate the Alabama
difficulties in covert way, being in
happy ignorance of "the Petitions Of
Right Act of $780," passed statute
prohibiting an alien from prosecuting
"cotton cases. in the Court Of
Claims, unless his own government
accorded a similar right to American
citizens. So ignorant were our, hon.
orable legislators that the ayoWed
object of the act was to exclude
British subjects, and the belief was
that it would exclude nearly all the
rest of the world. The British
claimants, however, were not sloR to
prove that their government accorded
to American citizens much broader
right, and to receive the unanimous
judgment of the Court of Claims,
since unanimously affirmed by the
Supreme Court. But this sagacious
action of Congress threw upon all
alien claiments the burden and delay
of proving the law of their own
country, and as aliens of nearly all
nationalities had had cotton seized,
so the laws of nearly all the govern
ments of Europe had to be shown.
The result is thus stated by the Court
of Claims
"The laws of other nations have
been produced and proved in this
court, and the notifying fact is judi,
cially established that the government
of the United States holds itself, of
nearly all governments, the least
amenable to the law. First in this
high civilization that protects the in
diVidual and assures his rights, stands
the great empire of the German
States. 'The state, says a lawyer,
also distinguished as a writer, who
was examined as a witness in this
court, represented in its pecuniary
capacity as the representative Of
money and property affairs, is called
the Fiscus. For the purpose of
maintaining suits against the govern
ment, the Fsscus stands in the place
of the government; for the purpose OF
compelling the payment of demands
against the state, the FEscus is sub
stituted for the state itself. l know
of no restriction of the rights of the
subject of Prussia to maintain any
suit against the F:scus. Judg-
ments rendered against the Fiscus
may be satisfied in the usual way, by
execution In Hanover and Bava-
ria, the redress is substantially the
same. In the republic of Switzerland,
the federal tribunal takes cognizance
of suits between the confederation on
on the one side, and corporations or
individuals on the other, when these
corporations or private citizens are
compliments, and the object of lit
CATION is Of the value of at least
5000 francs. In Holland, the Meth
erlands, the Anseatic Provinces, the
the free city of Hamburg, and prob
ably in all countries which have in
herited the perfected of the civil law,
the government is in legal liability
thus subject to the citizen. Even in
France, un1er the late Empire, there
was a less circumscribed means of
redress, a more certain judicial rem
edy, more effective method of en-
forcing the judgment recovered, than
has been given to the American cit
izen, Notwithstanding the pledge of
the Constitution. Of all the gov
ernments of Europe, 1t is believed
that Russia alone does not hold the
state amenable, in matters of prop
erty, to the law. Of all the countries