had any right, legal or equitable, and which Congress could distribute as it pleased," but that, "nevertheless, there was at all times a moral obligation on the part of the Government to do justice to those who had suffered in property." What is a moral obligation on the part of the Government is a question in ethics which different consciences will answer in different ways, and which ordinarily the legislative power alone must determine. The Supreme Court in the same case say that a pension claim for disability is not assignable in bankruptcy; that it is "personal and not susceptible of passing by will or by operation of law." Yet no one will ever deny that if a government by statute should assure soldiers at the time of their enlistment that in the event of their incurring disabilities they should receive pensions, a moral obligation of the most unequivocal character would require that a fund be provided to pay those who suffered. The real distinction between the Alabama claims and pension claims is probably this, that there the Government had in its custody a fund which was not morally its own, a fund which had been paid to it as an indemnity for depredations which had been committed by another belligerent on American commerce, the right of distribution being lodged in its discretion, and the rights of distributees being in abeyance until its discretion should be exercised. The court is careful to say that the rights so assignable in bankruptcy "were rights growing out of property." The exercise of the legislative discretion gave efficacy to existing rights; "but," says the court, act of Congress did not create the rights." the It may be urged that between the Alabama claims and those of loyal citizens in the seceded State a very strong analogy exists; that the last represent "rights growing out of property;" rights "not enforcible until after the passage of an act of Congress," but not created by the act; claims for private property taken for public use from loyal adherents of the Government concerning which "there was at all times a moral obligation on the part of the Government to do justice to those who had suffered in property.' ." (Id., p. 541.) The Supreme Court has also decided in the case before cited (Erwin's) that an equitable title to the proceeds of captured property passes to the assignee in bankruptcy, though there be no jurisdiction in which the purchaser can seek redress and though the jurisdictional period for prosecuting such claims had expired at the time of the assignment. Section 3477 of the Revised Statutes forbidding transfers of claims against the Government does not include a voluntary assignment of a claim against the United States, which is included in an assignment made by an insolvent debtor, of all his effects for the benefit of his creditors. (Goodman v. Niblack, 102 U. S. R., page 556.) Congress by the French spoliation act, of January 20, 1885 (23 Stat. L., p. 283), recognized the rights of assignees in the French spoliation claims. AWARDS OF THE COMMISSION ON CLAIMS IN THE DE- LETTER FROM THE SECRETARY OF WAR APPOINTING THE Hon. DAVID DAVIS, WAR DEPARTMENT, Bloomington, Ill. SIR: By direction of the President a commission has been appointed, consisting of Hon. David Davis, of Illinois, Hon. Joseph Holt of Kentucky, and Hugh Campbell, esq., of St. Louis, Mo., to examine and report upon all unsettled claims against the military department of the west that may have originated prior to the 14th of the present month. As a member of said commission, you will, at once, proceed to St. Louis, in order that the commission may enter upon the discharge of its duties as early as practicable. You will be allowed a compensation of $8 per day and mileage. Samuel T. Glover, esq., of St. Louis, will act as counsel for the Government under the direction of the commission, in the investigation of such claims as may be presented. Very respectfully, SIMON CAMERON, [12 Stat. L., p. 615.] Mar. 11, 1862. A RESOLUTION Providing for the payment of the awards of the commission to investigate the military claims in the Department of the West. awards of com in Department of West. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, Payment of That all sums allowed to be due from the United States to missioners on individuals, companies, or corporations, by the Commismilitary claims sion heretofore appointed by the Secretary of War, (for the investigation of military claims against the Department of the West), composed of David Davis, Joseph Holt, and Hugh Campbell, now sitting at St. Louis, Missouri, shall be deemed to be due and payable, and shall be paid by the disbursing officers, either in St. Louis or Washington, in each case, upon the presentation of the voucher with the Commissioners' certificate thereon, in any form, plainly indicating the allowance of the claim and to what amount. This resolution shall apply only to claims and contracts for service, labor, or materials, and for subsistence, clothing, transportation, arms, supplies, and the purchase, hire, and construction of vessels. Approved, March 11, 1862. NOTES OF DECISIONS BY THE COURT. EXECUTIVE AUTHORITY. The Secretary of War has power, and it is his duty, to suspend payment of claims against the Government, arising out of contracts which, there are well-grounded suspicions, were made in disregard of the rights of the United States. (United States v. Adams, 7 Wall., 463.) In such case he may appoint commissioners to investigate such claims, and Congress having subsequently enacted that all claims allowed by such board should be deemed valid, a contractor who presents his voucher and receives the sum awarded him by the board, can not afterwards recover on his original contract, in the court of claims. (Ibid.; United States v. Child, 12 Wall., 232.) DURESS. If a military commission make an arbitrary deduction from one voucher, and refuse to return to the claimants three other vouchers from which no deduction is made, unless they will sign a receipt in full for all, and relinquish the deduction made from the first, it is a clear case of duress of goods, and avoids the receipt. (Livingston v. United States, 3 N. & H., 131.) A receipt extorted by Government officers, by duress of a military commission, is not binding on the claimants; nor are they barred by a payment of the sum awarded under such illegal proceedings. (Child v. United States, 4 N. & H., 176.) The joint resolution of March 11, 1863 (12 Stat. L., p. 615), does not ratify and render valid acts of the "DavisHolt-Campbell commission," appointed by the Secretary of War. It merely directs the disbursing officers to recognize and pay "Sums allowed," and does not repudiate the existing liability of the Government. (Child, Pratt & Fox v. United States, 4 C. Cls. R., p. 176.) The report of commissioners appointed by the Sec-retary of War to audit and adjust a contract with the Government, is not obligatory upon the contractor unless he consents to and accepts it. (Stevens case, 2 C. Cls. R., p. 95.) BOARDS OF SURVEY. ized. Military officers frequently organize a "board of survey" or commission to assess the value of property taken in the enemy's country, or destroyed on loyal territory. This is done to preserve the history of military opera- Why organtions, to enable superior officers to hold subordinates to a proper responsibility in the conduct of war, and in cases where, from special causes, Congress may deem it advisable to make some compensation, it may furnish a means of judging of the proper amount. But such assessment is for the benefit of the Government, and imposes no liability on it. The liability is determined by the laws of war. NOTES OF DECISIONS BY THE COURT. It is well settled that executive officers have no jurisdiction of claims for unliquidated damages founded on breach of contract; nor have they authority to submit them to arbitration. (Brannen v. The United States, 20 C. Cls. R., p. 219.) A military board appointed to examine and report upon a claim for damages is ex parte, and not an arbitrament. (Ibid.) When the proceedings of a military board are extrajudicial, testimony taken by it is coram non judice. (Ibid.) Official contemporaneous certificates made to superior officers concerning the loss of a horse in battle are admissible. (Ibid.) The reports of public officers made long after the events took place, or upon facts not within their own observation or knowledge, are not admissible. (Ibid.) NOTE.-It has been repeatedly held that the decisions of military boards bind neither party; and that their proceedings are not competent evidence to establish the facts in issue. (Brannen's Case, 20 C. Cls. R., p. 219, and cases cited.) Pay to be that of same BOUNTIES: MILITARY, EQUALIZATION OF, ACTS OF CONGRESS CONCERNING EQUALIZATION OF [12 Stat. L., p. 269.] [Extract from an act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property.] SEC. 5. And be it further enacted, That the officers, noncommissioned officers, and privates, organized as grades in Reg- above set forth, shall, in all respects, be placed on the ular Army. footing, as to pay and allowances, of similar corps of the Proviso. Regular Army: Provided, That the allowances of noncompart, 1862, ch. missioned officers and privates for clothing, when not 200, s. 10. Post, furnished in kind, shall be three dollars and fifty cents [Repealed in p. 595.] per month, and that each company officer, noncommissioned officer, private, musician, and artificer of cavalry shall furnish his own horse and horse equipments, and shall receive forty cents per day for their use and risk, except that in case the horse shall become disabled, or shall die, the allowance shall cease until the disability be removed or another horse be supplied. Every volunteer noncommissioned officer, private, musician, and arti ficer, who enters the service of the United States under this act shall be paid at the rate of fifty cents in lieu of subsistence, and if a cavalry volunteer, twenty-five cents additional, in lieu of forage, for every twenty miles of travel from his place of enrolment to the place of muster-the distance to be measured by the shortest usually travelled route; and when honorably discharged an allowance at the same rate from the place of his discharge to his place of enrolment, and, in addition thereto, if he shall have served for a period of two years, or during the war, if sooner ended, the sum of one hundred dollars: Provided, That such of the companies of cavalry herein provided for, as may require it, may be furnished with of subsistence horses and horse equipments in the same manner as in the United States Army. Proviso. Commutation and travel. Provision for volunteers SEC. 6. And be it further enacted, That any volunteer who may be received into the service of the United States wounded or disunder this act, and who may be wounded or otherwise dis- abled, or killed or dying in abled in the service, shall be entitled to the benefits which service. have been or may be conferred on persons disabled in the regular service, and the widow, if there be one, and if not, the legal heirs of such as die, or may be killed in service, in addition to all arrears of pay and allowances, shall receive the sum of one hundred dollars. Approved July 22, 1861. [12 Stat. L., p. 280,] [Extract from an act to increase the present military establishment of the United States.] SEC. 5. And be it further enacted, That the term of enlistments made and to be made in the years eighteen hundred and sixty-one and eighteen hundred and sixtytwo, in the Regular Army, including the force authorized by this act, shall be for the period of three years, and those to be made after January one, eighteen hundred and sixty-three, shall be for the term of five years, as at present authorized, and that the men enlisted in the regular forces, after the first day of July, eighteen hundred and sixty-one, shall be entitled to the same bounties, in every respect, as those allowed or to be allowed to the men of the volunteer forces. Approved July 29, 1861. Term of enlistment. [12 Stat. L., p. 509.] [Extract from an act making appropriations for the support of the Army for the year ending the 30th day of June, 1863, and additional appropriations for the year ending 30th of June, 1862, and for other purposes.] ty of $100, to SEC. 6. And be it further enacted, That section five of $25 of bounthe act "to authorize the employment of volunteers to be paid to volaid in enforcing the laws and protecting public property," unteer after approved July twenty-second, eighteen hundred and enlistment. |