National Republican., 1875-12-08

lief acts Of Congress-. 22s, $50 81
Disbursed for expenses
under joint resolution
OF March q, i5cS.".. 5000 90
Total..... uIoilV40 II
Which, deducted from the total
amount received as above, leaves q
Dalanee oI.......-.. s,VoS,oh "
CLAIMS AGAINST THE GOVERNMENT.
The state Of the law relating to the examina-
tion and payment of certain classes of claims
against the Government should receive the atten-
The Third Auditor and Second Comptroller, ac-
required BY law t. to adiudicato adj and settle Claims
upon the United States for the value Of property
lost or destroyed while in possession of the Gov.
claims for stores received or taken and used by
the army. The power conferred upon these Off
claims ofths nature were presented directly toCon
gress and, when found to be just and proper, were
provided for by special legislation. By the act ap
proved April ., lSlo, provision was made for pay
ment to owners Of property lost or destroyed in
the war between the United States and Great
Britain. Pursuant to this act, commissioner was
appointed by the President, with the advice and
consent of the Senate, whose duty 1t was to de-
eide all cases arising under the act, and upon his
adjudication the amount found due the claimant
was paid out of the Treasury. By an amend
ment to this act pade the next year, tho CON-
ease to Congress, to the end that provision might
be made for the relief Of the claimant, and all
eases In which the amount allowed exceeded TWO
hundred dollars were required to be revised by the
Secretary of War, and confirmed by him before
payment.
under the act of 1915 and its amendment not
acted on by the commissioner were transferred to
the Third Auditor, who, in his adjudications, was
commissioner. Again. in ls22, il was enacted that
the accounting officer of the Treasury Depart
nei ehn snSui@ no auait and settle without limitation
in the campaign against the Seminole Indians
under rules to be prescribed by the President.
When, however, in 1883 Congress passed q sim-
lar act for the settlement of claims for property
lost in expeditions against the Indians on the
frontier frontier o. Of III Illinois ras and MiGngTn the Third
inc, allow and pay them, whatever the amount,
as similar claims were required to be allowed and
paid under the acts Of 1916 and 1877.
But, again, by the act of June 30, 1888, If q
claim Of this character exceeded two hundred
dollars instead Of deciding the same, the Third
Congress. By the subsequent acts Of january Is,
1887, March 2, 1s47, and March 8, 1s4o, all of
which were enactments In relation to property
lost or destroyed in the military service OF the
United States, the Third Auditor had the power
to decide and pay, without revision, under rules
prescribed by the Secretary Of War, with the as
sent Of the President, all claims, whatever the
amount By an amendment to the act of 1si9,
quired to transmit his adjustment to the Second
Comptroller for his decision.
By the act Of July 4, 1854, as amended BY the
act Of February p, 1867, December %, 1859, and
March 8, ISL and section 800 appendix to Revised
Statutes, thejurisdiction Of tho Court Of Claims
was declared not to include any claim against tho
United States growing out of the destruction or
appropriation of, or damage 10, property by the
army or navy engaged in the suppression Of the
rebellion but claims of loyal citizens I'm States
not in rebellion for quarterInaster stores and sub
sistencc received or taken for the Of the army
are to be reported to the Third Auditor by the
Quartermaster General or Commissary General,
with a Recommendation for settlement.
While no uniform rule has been adopted in the
settlement Of these claims, IL is not easy to per-
eeiye the reasons which induced Congress to de-
part from that first established in the act of 1915
But, whatever may have been the reason,
perience has shown that the accounting officers of
the Treasury not the proper persons to have
the duty Of passing upon such claims. In almost
every case these settlements require an investiga
tiOn which properly belongs to court OF law. In
practice, this investigation is often not made either
IS necessarily ntrusted to subordinates not aecus
toned to consider and weigh evidence. Thus
great injustice is done the Government by the al
lOwanee Of claims upon evidence taken er pdrte,
which would not be admissible in q court OF law
organized for the aseertainment of truth. ..
~ The act Of March 30 1858 Reproduced IN section
whether the Secretary Of the Treasury has power
to prevent this evil, unless he should take upon
himself the questionable responsibility of refusing
to sign warrants for the payment of adjudieated
claims.
Claims against the Government have been per-
mitted to sleep until the officers connected with
the transactions out of which they have died
gone out of service, and then been revived and
supported by er pdrie testimony of such character
as to cause their allowance by the accounting off,
GERS.
Asa partial remedy for the evil, it is recon-
mended hat all such claims be barred If not pre-
sented within a specified time. There is, practi-
cally limitation now. 1t will be seen that the
of lSl6 barred claims not presented within two
years Perhaps this period is too short Six years
is adopted In the legislation of most Of the States
as the time in which actions on simple contracts
barred. Claims against the Government
should not be valid for longer time than this,
and there strong reasons for requiring them to
be presented in a shorter time But better and
m0 off rPmadv the evil VEOuld he the
enactment of n law requiring all such claims to be
presented in the United States circuit courts of
the nature Of suits against the United States,
under such Limitations and restrictions both to
the right to institute the suit and as to the mode
ofprocedure, as Congress may see proper to i'm
1t may be said that such a course would be at
variance with the idea that the sovereign should
not be subject to suit. The United States, as
sovereign power, however, has practically sub
jected itselfto suit by the Legislation already cted
as we'll as by the establishment Of the Court of
Claims. The theory Of exemption from suit has
been long since abandoned In England by the
OF tse O & sg6 IN Sny one
Minister. Besides, no Just government can now
afford to withhold from its citizens the right to
It in some form or other; and il is better both for
the Government and the honest claimant that the
claim should be passed upon by o eompetent tribu.
nal, armed with power to ascertain the truth and
TO prevent fraud. The advantage TO the Govern
ment Of such a course Is manifest Claims, instead
would % Be sub Subjected 10 thorough egamination BY
court and Jury, and the interests Of the Govern
ment would be protected by It's attorneys.
consists in eross-examination BY opposing counsel
in the presence Of the tribunal which is to weigh
the evidence.
Experience has shown that, as rule, no claim
subjected to the scrutiny Of court in the vicinity
where II arises is likely be sustained II It Is
claims are often carried through the Department
without attracting the attention Of those who
either know them TO be false or have the means Of
made public, after payment, is the evidence Of
their fraudulent character produced. 1t has hap
Pene,a .nas cars s nave Deen Passee ~ tae ae
tanned to be fraudulent aad fictitious and the
Government has felt called upon to proceed by
criminal prosecutions against parties engaged in
the fraud.
In England, BY an act pissed in 1880, to amend
the petition Of right against the Government, 1t
is provided that Ear rs applicable the course OF
procedure in the trial Of suits between subject and
subject should he extended thereto.
Trial in the vicnage is no less important to the
Government than TO the honest claimant. Re
quiring citizen from a distant part Of the Union
to come to Washington and bring his proofs with
him to try his claim against the Government,
often operates oppressyely on him, and is without
dIfcnt no nsTcsixs mhy sncS cass sboSId not he
has been before said &C tried with the publicity at
undergo erosseasnination, ross the establlshment Of
false and fraudulent claims would certainly bc
rendered more difficult. The Government would
be placed at no disadvantage by the remoteness Of
the place OF trial from the departments where the
public records are kept, for the statute already
makes certified copies Of such records competent
evidence, and they could well be sent to distant
parts of the country as to the court sitting In
Washington city, In rare and exceptional cases,
the production Of original records may be required;
but these could be sent in charge Of proper Gus
tOdian- s.T lEtlr lrlIfJEr rlsi4
REPORTS OF BUREAU oFPICERs.
The reports Of; the heads Of bureaus are here
with transmitted, and referred to as containing
statements and information of the business of the
Department moro I'm detail than could properly be
embodied In this report. The Secretary gratefully
acknowledges his Indebtedness TO the officers Of
the Department generally for the zeal and fidelity
with which they have discharged their duties.
.HAlo 81 ehJ B. H. BRIsrow,
Secretary Of the Treasury.
To he Honorable the Speaker Of the Hosse Of
Represenfdfires.E 80 q Boz sl.5-.lE iiE :
90 ) gE2EYgf