The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-22
UNITED STATES SUPREME COURT.

wAsHNcroy, d. e., May 81, 1876.
The following arc among the decisions OF tho Su-
prcmo Court recently handed down.
Euoch Totem, administrator vs.. Tho United States
Appeal IRON the Court OF Claims
The action brought to recover compensation for
services alleged 10 have been rendered by the caim
ant intcstate, William A. Lloyd, under a contract
with President Lincoln, made in July, 1861, by which
he was to proceed South and ascertain tho
number OF troops stationed At different points
n ar u ana a.os and n as
other information might DO beneficial TO the govern
OF tho United States and report the facts 10 he
President Tor which service he was To be paid $500
month The Court OF Claims finds that Lloyd pro-
cocded undcr the contract within the rebel lines and
remained there during the entire period OF the war
collecting, and from time to time Transmitting niorma
10 tho President and that upon the close OF the
war he was only reimbursed his expenses. But tho
Court, being equally divided In opinion as to The
thority of tho President Ia bind the United States by
tho contract in question: decided for the purposes OF
an appeal against the claim, aud dismissed the petit
We have no difficulty rs the authority Of the Prcs
dent In tho matter. tic was undoubtedly authorized
curing the war; Commander Chief Of the armies OF
the United states employ agents the
rebel lines and obtain information respecting the
strength. resources and movements OF the enemy, and
contracts TO compensate such agents binding
upon tho government as 10 render u lawful for the
President 70 direct payment OF the amount stipulated
objection Is not 10 tho contract but 10 III, action
upon In the Court OF Cains The service stipulated
by tho contract was secret service; tho Information
sought was to be obtained clandcstnely and 10 be
communicated privatcy the employ mont and service
70 be equally concealed. BON employer and
agent must have understood that the lips of the other
were 10 DO forever scaled respecting the relation OF
either 10 the matter This condition OF the engage
mcnt was implied from tho nature OF the employ ment
and IL implied In all secret cmploymcnts Oi the
government IN time OF war or upon matters Affect
ing our foreign relations, where disclosure
OF the might compromise cmbarrass gov
eminent IN It's public duties or cndangcr tho person or
inurc the character oil the agent If upon contracts
Of such nature action against the government
could lie maintained In the Court Of Claims whenever
agent should consider himself entitled 10 or
different compensation than that awarded 10 HIM, the
whole service IN any and the manner OF It's ais
charge. with tho details OF dealings with individuals
and officers, might DO exposed. to the serious
dctrment OF tho pubic. a secret service with
liability 10 publicity Ia this way would DO
impossible. and rs such services arc sometimes in-
dispcnsabc 10 thcgovcrnmcnt, It's agents those
vices look tor their compensation TO the coniin-
gent fund OF tho department. employing them, and TO
such allowances from u ~ those who dispense that und
may award, The secrecy which such contracts impose
prccudes any action tor their enforcement The pub
contract Of that kind and thus defeat recovery.
Pubic policy forbds the maintenance court Of jus
tice the trial OF which would lead 10 tho disclosure Of
matters which the law itself regards AS confidential
This principle ~ recognized In respect OF the conlden
tia relation between husband and wife, counsel and
OF the confessional
Nj. Justice Field delivered the opinion.
John u. Mcicm0ro vs. Tho Louisiana State Bank-Eri
the District Court for the OF Louisiana
II Is unnecessary TO consider whether all respects
ths charge Of the Circuit Court tho jury correct
the record shows the case Of the plaintiff DO
so fatally detective thai she Judgment below would
not he reversed for Instructions, however
erroneous. (Brobst VA Brock, 10 Wallace 5l9;
Decatur RAnk " " Louis Bank, ~ Wallace,