with the consent of the Senate, of three judges with life tenure, at a salary of $4,000 per annum. At that time the salary of the justices of the Supreme Court of the United States was but $4,500, while the salary of all other federal judges was much below that of the Court of Claims. The Act also provided for a Chief Clerk, an Assistant Clerk, a Bailiff and a Messenger to be appointed by the Court.

By R. S., Sec. 1052, the sessions of the Court are fixed for the first Monday in December of each year. The Court first met in a room in the Capitol Building, designated by the Speaker of the House of Representatives pursuant to R. S., Sec. 1051, and sat during the sessions of Congress, but owing to the increasing need of more room for the Committees of Congress, the Secretary of the Interior was designated by Congress to secure suitable accommodations for the Court elsewhere. That officer rented the lower floor, containing five or six rooms, of the Freedman's Bank Building, on Pennsylvania Avenue opposite the Treasury Building, west of Riggs Bank. The accommodations were not suitable, either for the Court or its clerical force, but its sessions were held there until 1899, when the Attorney General, by authority of Congress, first rented, and soon thereafter purchased, for the use of the Court, the Corcoran Art Gallery building on Pennsylvania Avenue and 17th Street.

The rooms were remodeled and partitioned to suit the business of the Court, and the statuary in the niches, adorning the outside of the building, were removed, so that the Court now has well-equipped quarters, and is still occuping this building.

This was the only Court in which the citizen could prosecute his claim against the government until the passage of the Act of March 3, 1887, hereinafter re

ferred to, when the United States Circuit and District Courts were given limited jurisdiction over such claims. All claims against the government growing out of the Constitution, as for the taking of private property for public use, and claims growing out of any right or benefit arising under any law of Congress or an Executive Regulation or upon contracts express or implied, may be prosecuted in the Courts by the owner of such claims, either in person or by his executor, or administrator or assigns if by operation of law.

The evidence adduced both for and against the allowance of a claim consists of public documents and such oral testimony as the respective parties may see fit to take in the form of depositions, somewhat as in Chancery cases.

The Court by R. S., Sec. 1076, has authority to call upon the head of an executive department to certify to it for use as evidence in a case, any designated public documents, in his custody, bearing on such case unless in his opinion it would be "injurious to the public interest," in which case he may refuse and so inform the Court.

The original purpose of the Act was that the court should investigate claims against the government rather as a commission and report to Congress suitable bills to carry out the relief sought. As thus constituted, however, the Court lacked the essential elements of judicial power, i. e., the power to render final judgments, and so in his first annual message to Congress, in December, 1861, President Lincoln, recognizing the necessity of a court having such power, said:

"It is important that some more convenient means should be provided, if possible, for the adjustment of claims against the government, especially in view of their increased number by reason of the war. It is as much the duty of Government to

with the consent of the Senate, of three judges with life tenure, at a salary of $4,000 per annum. At that time the salary of the justices of the Supreme Court of the United States was but $4,500, while the salary of all other federal judges was much below that of the Court of Claims. The Act also provided for a Chief Clerk, an Assistant Clerk, a Bailiff and a Messenger to be appointed by the Court.

By R. S., Sec. 1052, the sessions of the Court are fixed for the first Monday in December of each year. The Court first met in a room in the Capitol Building, designated by the Speaker of the House of Representatives pursuant to R. S., Sec. 1051, and sat during the sessions of Congress, but owing to the increasing need of more room for the Committees of Congress, the Secretary of the Interior was designated by Congress to secure suitable accommodations for the Court elsewhere. That officer rented the lower floor, containing five or six rooms, of the Freedman's Bank Building, on Pennsylvania Avenue opposite the Treasury Building, west of Riggs Bank. The accommodations were not suitable, either for the Court or its clerical force, but its sessions were held there until 1899, when the Attorney General, by authority of Congress, first rented, and soon thereafter purchased, for the use of the Court, the Corcoran Art Gallery building on Pennsylvania Avenue and 17th Street.

The rooms were remodeled and partitioned to suit the business of the Court, and the statuary in the niches, adorning the outside of the building, were removed, so that the Court now has well-equipped quarters, and is still occuping this building.

This was the only Court in which the citizen could prosecute his claim against the government until the passage of the Act of March 3, 1887, hereinafter re

ferred to, when the United States Circuit and District · Courts were given limited jurisdiction over such claims. All claims against the government growing out of the Constitution, as for the taking of private property for public use, and claims growing out of any right or benefit arising under any law of Congress or an Executive Regulation or upon contracts express or implied, may be prosecuted in the Courts by the owner of such claims, either in person or by his executor, or administrator or assigns if by operation of law.

The evidence adduced both for and against the allowance of a claim consists of public documents and such oral testimony as the respective parties may see fit to take in the form of depositions, somewhat as in Chancery cases.

The Court by R. S., Sec. 1076, has authority to call upon the head of an executive department to certify to it for use as evidence in a case, any designated public documents, in his custody, bearing on such case unless in his opinion it would be "injurious to the public interest," in which case he may refuse and so inform the Court.

The original purpose of the Act was that the court should investigate claims against the government rather as a commission and report to Congress suitable bills to carry out the relief sought. As thus constituted, however, the Court lacked the essential elements of judicial power, i. e., the power to render final judgments, and so in his first annual message to Congress, in December, 1861, President Lincoln, recognizing the necessity of a court having such power, said:

"It is important that some more convenient means should be provided, if possible, for the adjustment of claims against the government, especially in view of their increased number by reason of the war. It is as much the duty of Government to

render prompt justice against itself in favor of citizens as it is to administer the same between private individuals. The investigation and adjudication of claims in their nature belong to the judicial department. Besides, it is apparent that the attention of Congress will be more than usually engaged for some time to come with great national questions. It was intended by the organization of the Court of Claims mainly to move this branch of business from the halls of Congress; but while the court has proved to be an effective and valuable means of investigation, it in a great degree fails to effect the object of its creation for want of power to make its judgments final.

"Fully aware of the delicacy, not to say danger, of the subject, I commend to your careful consideration whether this power of making judgments may not properly be given to the court, reserving the right of appeal on questions of law to the Supreme Court, with such other provisions as experience may have shown to be necessary."

Following this message, on March 3, 1863, an amendatory act was passed providing for a chief justice and two additional judges, 12 Statutes at Large, 765. The act conferred upon the court power to render judgments on all claims accruing under the act within six years prior to the filing of a petition, and also to consider set-offs and counter claims for damages whether liquidated or unliquidated, or other demands on the part of the government against any person asserting a claim in the court against the government.

Judgments so entered were to be paid by the Secretary of the Treasury out of any money appropriated for the payment of private claims; but the last section of the act provided in effect that no money should be paid out of the Treasury on any judgment rendered until after an appropriation had been estimated therefor by the Secretary of the Treasury. On appeal the Supreme Court in Gordon's Case, 2 Wall., 561, refused