Much valuable information has been obtained since the last session of Congress through the State Department at the instance of a member of the committee from foreign governments in relation to the mode of adjudicating claims under their authority.4 the decree was about to be transferred to, and assumed by, the United States, and that his choice was judicious, for though thus transferred and assumed, the debt has never been paid. Meade's Case, (2 C. Cls. R., p. 225).” The jurisdiction of the Court of Claims is also limited to actions ex contractu. The jurisdiction of this and, to some extent, other courts is also limited or regulated both as to contracts and torts and as to aliens and citizens by act of March 3, 1863, 12 Stat., 755; act of May 11, 1866. 14 Stat., 46; act July 4, 1864, chap. 240, 13 Stat., 381; joint resolution June 18, 1866, No. 50, 14 Stat., 360; joint resolution July 28, 1866, No. 99, 14 Stat., 370; act February 21, 1867, chap. 57, 14 Stat., 397; joint resolution March 2, 1867, No. 50, 14 Stat., 572; act July 27, 1868, 15 Stat., 243, sec. 2; Planters' Bank vs. Union Bank, 16 Wallace, 483. 4 The whole subject of claims against the Government is one of great difficulty. There can be but little difficulty as to the payment of salaries and claims arising on express written contract. The proper Departments of the Government are authorized to audit and allow these generally; and in cases of doubt, as to claims arising on contracts, &c., the Court of Claims has jurisdiction, subject to a six years' statute of limitations. But there are claims in great numbers and of immense magnitude, as the journals. of Congress show, growing out of the rebellion, out of contracts, and in various forms, for the consideration of which there is no tribunal but Congress. The many fraudulent claims presented to Congress, and sometimes paid under special acts, show that the relief in this form is exceedingly slow and unsatisfactory. One great danger to the Treasury is, that claims are presented long after they arose, and when the Government has no means of meeting and refuting the plausible evidence often furnished in support of them, but which might be shown to be false or susceptible of explanation if earlier presented. The President, in his annual message of December, 1873, said : "There is a still more fruitful source of expenditure, which I will point out later in this message. I refer to the easy method of manufacturing claims for losses incurred in suppressing the late rebellion. * * * * "Your careful attention is invited to the subject of claims against the Government, and to the facilities afforded by existing laws for their prosecution. Each of the Departments of State, Treasury, and War have demands for many millions of dollars upon their files, and they are rapidly accumulating. To these may be added those now pending before Congress, the Court of Claims, and the southern claims commission, (Commissioners of Claims,) making in the aggregate an immense sum. Most of these grow out of the rebellion, and are intended to indemnify persons on both sides for their losses during the war; and not a few of them are fabricated and supported by false testimony. Projects are on foot, it is believed, to induce Congress to provide for new classes of claims, and to revive old ones through the repeal or modification of the statute of limitations, by which they are now barred. I presume these schemes, if proposed, will be received with little favor by Congress, and I recommend that persons having claims against the United States cognizable by any tribunal or department thereof, be required to present them at an early day, and that legislation be directed, as far as practicable, to the defeat of unfounded and unjust demands upon the Government; and I would suggest, as a means of preventing fraud, that witnesses be called upon to appear in person to testify before those tribunals having said claims before them for adjudication. Probably the largest saving to the National Treasury can be secured by timely legislation on these subjects, of any of the economic measures that will be proposed." This subject has been somewhat discussed elsewhere. (Congressional Record, Fortythird Congress, first session, June 3, 1874, vol. 6, p. 4514; 20th vol. American Law Register, p. 189; note by Judge Redfield on decision of Court of Claims in Brown's case.) Case of Charles J. Davis, administrator of John Davis, a claim for $58,000, passed twice at different times by both Houses of Congress, then referred to the Court of Claims, which developed the fact, by decision made January 18, 1875, that the claim had already been paid. (Davis' speech in Senate May 13, 1874; Congressional Record, vol. 5, p. 3832; House Report No. 91, Committee on War-Claims, first session Fortythird Congress, February 9, 1874.) Among the measures which are believed to be reforms in the matter of claims introduced, recommended, or acted on during the Forty-third Congress, are the following: I. A bill relating to the Commissioners of Claims,and for other purposes. (See Congressional Record, vol. 6, p. 4514, June 3, 1874.) This bill passed the House. If to this could be added a provision by which the Commissioners of Claims should be converted into a court, with power to report their conclusions to Congress, it would add to their It is deemed of so much importance that it is hereto appended and made a part of this report. independence, and tend to secure justice. The machinery which these commissioners have, by which they send agents into the locality where claims arose, enables them to defeat many unjust claims. It seems remarkable that for so many years claims have been examined by committees of Congress and acted on with no counsel to represent the interests of the Government, and no officer clothed with the duty to procure evidence. If committees must examine claims, they should act as judges, and should never be approached with personal solicitations, or hear private communications. Whatever is heard or said should be to the whole committee. Claims often involve great questions of law. Claimants very generally present able arguments on the law and the facts. Members of committees are not generally all lawyers; and if they were, they are often not so well qualified to judge of facts as other persons. But if they had the time and the qualifications to investigate both law and fact, they should not be required to examine arguments of claimants with a view to see if they could be answered. This involves the danger of acquiring a habit of taking sides against claimants. The judge should never become the lawyer on either side. In courts the State is always represented by counsel. If a similar usage is not applied before committees, the Government is almost certain to suffer for want of as full a presentation of the proper view of the law and facts which may exist against as well as in favor of claims. The Commissioners of Claims should be converted into a court, with proper counsel for the Government. The bill above referred to would, it is believed, effect a reform in the mode of investigating claims. The following is the bill as it passed the House, with amendments proposed in the Senate : [H. R. 1565, 43d Congress, 2d Session.] IN THE SENATE OF THE UNITED STATES. JUNE 17, 1874.-Read twice and referred to the Committee on Claims. JANUARY 21, 1875.-Reported with amendments, viz: Strike out the parts within brackets [] and insert the parts printed in italics. AN ACT relating to the Commissioners of Claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time within which petitions for the allowance of claims may be presented to the Commissioners of Claims be, and hereby is, extended to the [fourth day of July, eighteen hundred and seventy-five] first day of January, eighteen hundred and seventy-six; and that all claims within the jurisdiction of the Commissioners of Claims which shall not be filed in their office on or before the [fourth day of July, eighteen hundred and seventy-five] first day of January, eighteen hundred and seventy-six, shall be, and hereby are, forever barred, and the commissioners shall not examine the same. SEC. 2. That every petition or memorial, filed after the passage of this act, for the allowance of a claim, shall contain a statement, by items, of the several amounts claimed on account of the matters set forth in such petition or memorial; and all petitions or memorials already filed which do not contain such statement shall, if the commissioners so order, be amended to furnish the same within such time and under such rules as shall be prescribed by the Commissioners; and the aggregate amount so claimed shall not thereafter be increased for any cause. Every such petition or memorial, or the amendment thereof, shall also contain an explicit statement of any payments already made by or in behalf of the United States on account of property taken, furnished, or used by the forces of the United States during the late rebellion, and a declaration that the said petition or memorial, or the amendment thereof, embraces every just item and cause of claim against the United States for property so taken, furnished, or used. SEC. 3. That in [lieu of] addition to the three agents now provided by law, the said commissioners shall be authorized to employ [five] two agents to investigate and report upon claims; and all the said agents shall have power to administer oaths and take depositions[; and, in addition to the clerks now authorized by law, the said commissioners may employ each one clerk, at a salary not exceeding one thousand eight hundred dollars per annum]. SEC. 4. That whenever the commissioners are satisfied [that a claim is fraudulent in whole or in part, or] that the claimant is attempting to procure, by fraud, false evidence, or conclusion, or by the willful concealment of payment or other material fact, the allowance of a claim, in whole or in part, it shall be their duty to disallow the entire claim. SEC. 5. That every person who knowingly and willfully swears falsely in any oath or affidavit which is or may be authorized by law, or in any oath taken or affidavit made, to be used as evidence in any court, "or before either House of Congress, or any com This confirms the statement already made, that foreign governments mittee or officer thereof," or before any officer or person acting under the authority of the Constitution or law, shall be deemed guilty of perjury, and shall be punished by fine not more than two thousand dollars, or imprisoned at hard labor not more than five years, or both, in the discretion of the court. And in every case where such oath or affidavit is subscribed by the person making the same, proof of such faot shall be sufficient evidence of the official authority of the person before whom the same purports to be made or taken to administer and certify said oath or affidavit. All offenses heretofore committed may be prosecuted or punished in the same manner as if this act had not passed. SEC. 6. That every person who procures, or endeavors to procure, or counsels or advises, another to commit perjury, shall be punishable as if guilty of perjury. [SEC. 7. That the Commissioners of Claims shall receive, examine, and consider the justice and validity of such claims, growing out of the late war of the rebellion, as may be referred to them by either House of Congress; and said commissioners shall make report of their proceedings, and of each claim considered by them, with the evidence in relation thereto, and their conclusions of law and fact thereon, at the commencement of each session of Congress, to the Speaker of the House of Representatives, who shall lay the same before said House.] [SEC. 8. That the President of the United States be, and is hereby, authorized to nominate, and, by and with the advice and consent of the Senate, to appoint, in addition to the Commissioners of Claims now authorized, two Commissioners of Claims, who shall continue in office until the tenth day of March, eighteen hundred and seventy-seven, with like power and duties and compensation as the Commissioners of Claims now in office. Any two commissioners, with the approval of the president of the board of commissioners, shall be competent to make a report, and the president of the board shall assign to the commissioners the claims, to be by them examined, considered, and reported on.] SEC. [9]7. That the provisions of an act to prevent and punish frauds upon the Government of the United States, approved March second, eighteen hundred and sixtythree, are extended and made applicable to a time of peace, and to persons who shall make or cause to be made, or presented to the Commissioners of Claims, or to either House of Congress, any claim upon or against the Government of the United States, or any Department or officer thereof, or any evidence in support thereof; and if any person shall fraudulently withdraw or abstract from the files of said commissioners, or from the files of either House of Congress, or of any committee thereof, any document or evidence, every person so offending shall suffer the penalties and be liable to punishment as in said act provided. SEC. [10] 8. That every petition presented to either House of Congress for the payment of claims [may] shall be verified by oath or affidavit. Passed the House of Representatives June 16, 1874. Attest: EDWARD MCPHERSON, Clerk. II. The bill to provide for the adjudication of the claims of aliens. The Committee on War-Claims have decided to report this bill to the House, with a recommendation that it do pass. III. A bill as follows: [H. R. 3862. 43d Congress, 2d session.] 'IN THE HOUSE OF REPRESENTATIVES. 'DECEMBER 8, 1874. "Read twice, referred to the Committee on War-Claims, and ordered to be printed. “Mr. LAWRENCE, on leave, introduced the following bill: "A BILL to limit the time for the allowance of claims. "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That after the first day of January, eighteen hundred and seventyfive, no claim against the United States shall be presented to, audited, allowed, or paid, by any Department or officer of the United States, unless the same shall have been filed in the proper Department, or with the proper officer, within six years after the claimant had the legal capacity and right to so file or present such claim. Nothing herein shall limit the time for filing any claim where by existing law the time is fixed for filing such claims." The Committee on War-Claims have decided to recommend the House to pass this bill. give to our citizens the right to go into their courts to have an adjudication of their claims against such governments. IV. A bill which passed the House as follows: "[H. R. 3478. 43d Congress, 1st session.] "IN THE HOUSE OF REPRESENTATIVES. 'Read twice, referred to the Committee on Revision of the Laws of the United States and ordered to be printed. "Mr. LAWRENCE, on leave, introduced the following bill: "A BILL in relation to parties in the Court of Claims. "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases pending in the Court of Claims, where a new or additional party or parties may be necessary to a complete determination of the case, or necessary to protect the interests of the United States, the court shall have power to order any such person or corporation to be made a party or parties, and to issue process to the marshal of any district or Territory in which such corporation may be located, or such person reside, or be found; and it shall be the duty of such marshal to serve and return the same as other process. And if any such person or corporation be a non-resident of the United States, service may be made by publication of notice in such manner as the court may order." V. A joint resolution, as follows: "[H. Res. 131, 43d Congress, 2d session.] “IN THE HOUSE OF REPRESENTATIVES.―December 21, 1874.-Read twice, referred to the Committee on War-Claims, and ordered to be printed. "Mr. Lawrence, on leave, introduced the following joint resolution : "JOINT RESOLUTION proposing an amendment to the Constitution. "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of each House concurring therein,) That the following article is hereby proposed as an amendment to the Constitution of the United States, and when ratified by the legislatures of three-fourths of the several States shall be valid to all intents and purposes as a part of the Constitution, to wit: "ARTICLE. No claim against the United States shall be paid unless presented in pursuance of law by the claimant within ten years after having the legal right and capacity to do so, or within such less period as may be prescribed by law. A claim rejected by any authorized officer, or reported on adversely by a committee of either House of Congress, shall not be re-examined or paid unless within six years after such rejection or adverse report." The following, explanatory of this subject, is from the Chicago Daily Tribune, December 28, 1874: LIMITATION OF CLAIMS. LETTER FROM THE HON. WILLIAM LAWRENCE. HOUSE OF REPRESENTATIVES, Washington, D. C., December 25. To the Editor of the Chicago Tribune: I notice an article in the Tribune of the 23d instant, on "The limitation of claims," in which you refer to a proposition I submitted in the House to amend the Constitution so that no claim against the United States shall be paid unless presented by the claimant, in pursuance of law, within ten years after having the legal right and capacity to do so. You do me the honor to say, "The proposition is a good one;" but you say you "fail to see the necessity for a constitutional amendment," because a law of Congress would serve the practical end to be attained, and that "Congress itself will be bound thereby." You forcibly point out the difficulty of procuring an amendment of the Constitution, the delay, and the fact that "it is doubtful whether such an amendment would not be opposed by the democratic party and the Southern States as an effort to undermine their pet schemes for the future." This, I believe, would be the case to a considerable extent; and yet if public attention could be aroused to the necessity of an amendment, I believe it could be secured. I hope, therefore, you will permit me briefly to call attention to the necessity of it. You say the whole object can be accomplished by law. I have introduced a bill, and have been directed by the Committee on War-Claims to report it to the House and recommend its passage, which provides: "That, after the 1st day of July, 1875, no claim against the United States shall be presented to, audited, allowed or paid, by any Department or officer of the United States, unless the same shall have been filed in the proper Department or with the We cannot hope to preserve the entire good will and respect of forproper officer within six years after the claimant had the legal capacity and right to so file or present such claim." Your theory is, that a limitation in the presentation of claims to Congress can be provided by law, and that "Congress itself can be bound thereby." The Constitution, Art. I of amendments, provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." It is now generally conceded that, where there is a right to petition, there is a corresponding duty to hear and act on the petition. A practice has prevailed, from the foundation of the Government, to petition Congress for the payment of claims. Can the right of the citizen thus to petition, or the duty of Congress to hear and act on such petition, be prohibited or abridged by law ? The language of the Constitution cited would certainly seem to prohibit any such law. The only theory on which such a law could be passed would be, that the investigation of claims is a judicial duty-not legislative; that Congress may by law limit the time within which there may be a judicial investigation in courts; and that hence the right to ask of Congress the performance of a duty not legislative in its character may be denied and its exercise prohibited by law. I had the privilege of discussing this question somewhat in a speech in the House, June 3, 1874, in which I said: "The Constitution provides that 'the judicial power shall extend to controversies to which the United States shall be a party. "At the time this was adopted, the petition of right' was a recognized common-law mode of reaching the courts of England with claims against the Government. It is fair to presume the Constitution was designed to give an equivalent remedy. "It has been urged with much force that the Government is composed of three co-ordinate branches, the legislative, judiciary, and executive, to each one of which aredelegated certain powers and duties. It is the duty of the legislative department to provide the means or remedies by which the right of parties may be determined, but not to pass upon or determine such rights. This latter power is exclusively vested in the judiciary. It is therefore not within the power of the legislative body to pass any act of a judicial nature. Jones vs. Perry, 10 Yerger, 59; Holden vs. Jarvis, 11 Massachusetts, 400; Picquet's Appeal, 5 Pickering, 65; Lewis vs. Webb, 3 Greenleaf, 326; Ex parte to Bedford, Jurist and Law Magazine for October, 1833, page 301, 4 New Hampshire, 572; Lane vs. Dorman, 3 Scammon, 235; Davenport vs. Wood, 11 Illinois, 551.” But the practice of investigating claims, and ascertaining their amount, by committees of Congress, has been so long exercised that it may be regarded as too late now to call it in question. This view was taken in a speech in the House on the 21st instant, in which it was said: "There are two classes of powers; those which are conferred by express provisions of the Constitution and those which are incidental. No man doubts but each House of the British Parliament has power to punish for contempt. It is a power long_exercised, declared by all writers on the British constitution, and denied by no one. When our Constitution confers upon Congress, as it does in the very first section of the first article, all legislative powers therein granted, there is given to Congress the incidental power to ascertain every fact necessary to enable it to legislate intelligently on every subject within its constitutional jurisdiction. Among the powers necessary to accomplish this purpose is the power to summon witnesses and to compel them to testify. That power has been exercised from the foundation of the Government up to this time,. and it has never been doubted or denied." Congress clearly has the power to appropriate money to pay claims; and whatever theory might be presented as to the duty of Congress to examine and ascertain their amount, Congress will continue to do so, especially with the democratic party and the Southern States, so largely interested in claims, fully represented in Congress. A law would, therefore, be utterly ineffectual, so far as Congress is concerned. This may be shown by an example. Congress established a Court of Claims to get rid of the evils of examining claims in Congress. These evils are numerous. I quote again from my speech of June 3, 1874, as follows: "The act of March 3, 1863, amending the act establishing the Court of Claims sought to avoid all these evils by providing (12 Statutes, 765, sec. 2) as follows: "That all petitions and bills praying or providing for the satisfaction of private claims against the Government, founded upon any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, shall, unless otherwise ordered by resolution of the House in which the same are presented or introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompanying documents, to the court aforesaid.' "But this in practice has failed for two reasons. The jurisdiction only extends to |