National Republican. (Washington City (D.C.)) 1872-1888, 1882-01-24

Claims Against Governments "
The number of bills already intro
duccd in each branch of Congress look
ing TO the enactment of some measure
providing for the adjudication Of claims
against the Government which will he
more speedy and cilcu,pus than that
which now exists indicates the feeling
which is now rife in the public mind
upon this subject, and leads to the eX-
pectation that the present Congress will
perfect some legislation upon the subject
that will be equally just to the Govern
mcnt and to claimants. The true rem
cdy, in our opinion, lies in creating some
judicial tribunal or in comforting iuris-
diction upon some court now in existence,
to whom parties having claims against
the Government, whatever may be their
character, may resort, can resort, and
have their rights judicially determined.
The maxim that the sovereign cannot be
sued has long since become obsolete in
the constitutional monarchics of Europe,
and no reason exists why such maxim
should be recognized in Republic like
the United States, where the people are
sovereign and the Government is but the
representative of their will. In England,
France, and the other leading govern
ments of Europe not only citizens and
subjects of those nations but resident
aliens, may enter their courts and prose-
cute claims against those governments,
and when judgments are rendered in fa-
vor of the claimants the laws provide for
their payment. A similar system should
prevail here. The business of our Gov
ernment has become so enormous that
the present mode for the adjudication of
claims against it is entirely inadequate
Under present laws claimants have
only three modes of redress: !. They
may commence suit against the United
States in the Court of Claims, but the
jurisdiction of this court is so limited by
Congress that its usefulness is in great
measure impaired; and this is the only
tribunal to which they can appeal where
the proceedings are conducted with the
formalities and safeguards that pertain to
ajudicial tribunal. 2, They may present
their claims to the Department in which
the claim originated. 3. They may APP
peal to Congress. But neither the De-
partments nor Congress possesses Judicial
power, and if justice is obtained from
either it is only after long delay and
many disappointments upon the part
of claimants. The heads of Departments
realize that they have neither the means
nor the time TO personally investigate
claims and they are compelled, therefore,
TO impose that duty upon subordinatcs Of
whose fitness for the labor or integrity
they can have little knowledge. With
this experience the hcadso of Departments,
and particularly the Secretary of the
Treasury, have called the attention of
Congress to this subject and recon-
mended the enactment of some measure
by which they might be relieved from
the responsibility. General Grant, when
President more than once expressed
similar, views, and we believe that
President Hayes repeated Grants recon-
mcndations.
That Congress is not q proper tribunal
for the adjudication of claims against the
Government is conceded by the mem
bers themselves Indeed, it may be
questioned whether they haveany consti-
tutiOnal right to meddle with the subject,
except to provide the proper judicial tr-
bunals for that purpose. Our Consttu-
tion wisely vests the powers of govern
ment in three partments-executive
legislative, and judicial-and each is
supposed TO be independent of the other
within the scope of its powers. When
Congress has exercised the power Of cre-
ating judicial tribunals conferred upon it
by the fundamental law it has performed
the only duty in this respect required at
its hands, and any exercise by it of
judicial power must be regarded as inter
fering with the preropatiye Of an inde-
pendent branch Of the Government.
But aside from this ii is well known
that members Of Congress, as a general
rule, regard the investigation of private
claims with aversion. The members as
signed to committees, whose duty it is to
examine and report upon them, not only
feel that il is work from which little
reputation is TO be gained, but they
know also that their labor, however con-
Bcientiously performed, is liable TO be
lost At the close Of the last Congress
some twelve hundred bills for the relief
of private claimants which had been re-
ported upon by the proper committees,
remained upon the calendars unacted
upon, and the labor devoted TO their cx-
animation was thus completely thrown
away. And thus il is from session TO ses.
sion, not only TO the great annoyance Of
Congressman, to whom claimants apply,
but to the serious disappointment and in
jury Of the claimants themselves,
We know nothing of the merits Of the
bills introduced, and are not to be under
stood as advocating any particular sys-
TEN; but in view Of the recognized evil
which exists, and is loudly coppiained of,