Papers Of Abraham Lincoln

THIRTIETH CONGRESS—FIRST SESSION.
H. R. 412.
(Report No. 498.)
IN THE HOUSE OF REPRESENTATIVES.
April 26, 1848.
Read twice, and committed to the Committee of the Whole House on the
state of the Union.
Mr. John A. Rockwell, from the Committee of Claims, reported
the following bill:
A BILL
To provide for the settlement of claims against the United States.

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11 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That a board for the settlement of claims
against the United States be, and the same is hereby,
constituted and established, to consist of three commis-
sioners, to be appointed by the President, by and with the
advice and consent of the Senate. The said commis-
sioners shall severally take an oath before a judge of the
circuit court of the United States for the District of
Columbia, faithfully and impartially to execute the duties
of his office to the best of his judgment and ability; and

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3 each commissioner shall receive a compensation of three
thousand five hundred dollars per annum, to be paid quar-
terly from the treasury of the United States.
Sec. 2. And be it further enacted, That claims
against the United States shall, as heretofore, be pre-
sented to and settled by the proper accounting officers;
and if, upon any such settlement, the claimant shall be
dissatisfied, he may appeal to the board of commissioners
herein constituted, and the proper officer shall lay before
the board all papers and facts on which he acted, with
his decision in the case. And in all cases where the sub-
ject matter of the claim is by law cognizable by any of
the officers of the Treasury Department, or other officers
of the United States, it shall be the duty of the claimant
first to make application to such officer or officers for the
settlement of his claim; and the said claimant shall not
be entitled to have his claim examined, or acted upon by
the said board, unless it shall have been so presented and
acted upon as aforesaid, unless said board shall be satis-
fied that there has been unreasonable delay on the part
of the proper officers in the consideration and decision of
said claim.
Sec. 3. And be it further enacted, That all petitions
asking relief from Congress on account of any claim
against the government of the United States shall, as

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10 soon as the same have been presented to either House
of Congress, be referred to the said board of commis-
sioners; and the clerks of both Houses shall, immediately,
transmit to said board the petition and papers in each
case; and if, during the recess of Congress, any person
or corporation, shall desire to prefer any such petition to
Congress, such person or corporation shall be allowed
to file his petition with the Secretary of the Senate or
Clerk of the House of Representatives; and when so
filed, the same course shall be pursued as if the said peti-
tion had been regularly presented during the session of
Congress; and all petitions so filed shall, after the same
shall have been duly registered, be by the said Secre-
tary and Clerk transmitted, together with the accom-
panying papers, to said board of commissioners.
Sec. 4. And be it further enacted, That said board,
when organized, shall proceed, with all practicable
despatch, to establish suitable rules in regard to the
receipt of the applications of claimants; the species of
evidence the claimant shall produce; the manner in which
such evidence shall be taken and authenticated, with the
view most effectually to secure the just rights of the
claimant, and of the United States. The rules and regu-
lations, when so adopted, shall be published for eight
successive weeks in the newspapers of the several

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9 States and Territories in which the laws of the United
States shall then be published.
Sec. 5. And be it further enacted, That it shall be
the duty of the Solicitor of the Treasury, under direction
of said board, to prepare all necessary forms and in-
structions as to the taking of testimony; to give his
opinion as to any matter of law in any case pending
before the board; to file a written argument in a case
where the claimant shall file an argument; or to propound
interrogatories in a case where a commission shall
issue; to take testimony and to give instructions as to
the testimony to be taken; and as to the mode and man-
ner of taking and authenticating it; and generally to
render such services as may be required of him by the
board of commissioners, and as may lead to the speedy
and just decision of the claims before the board.
the duty of the district attorneys of the several districts
of the United States to render such services as may be
required of them by said board, or by the Solicitor of
the Treasury, under its direction, in relation to the taking
of testimony, or other matters connected with the investi-
gation of the claims before the board. It shall also be
the duty of district judges of the United States for the
several districts to attend to the taking of testimony to be

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3 used before said commissioners, whether such testimony
is taken at the instance of the claimant, or of the United
States. And the said commissioners shall issue their
commissions to take testimony before said judges, unless
it shall appear to them at the time that the same cannot
so issue without interfering with the ordinary judicial
duties of such district judges; and in such cases, and in
those in which the convenience of the parties would be,
in the opinion of the board, promoted by so doing, they
may direct the commission to a commissioner of the
United States, whose duty it shall be to execute said com-
mission.
Sec. 7. And be it further enacted, That in all
cases where it shall appear to the board that the facts set
forth in the petition of the claimant do not furnish any
ground for relief, it shall not be the duty of the com-
missioners to authorize the taking of any testimony in
the case, until the same shall have been reported by
them to Congress, as is hereinafter provided: Provided,
however, That if Congress shall, in such case, fail to
confirm the opinion of said board, they shall proceed to
take the testimony in such case.
Sec. 8. And be it further enacted, That in taking
testimony to be used in support of any claim before said
commissioners, opportunity shall be given to the United

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2 States to file interrogatories, or by attorney to examine
the witnesses, under such regulations as said board shall
prescribe, and like opportunity shall be afforded the
claimant in cases where testimony is taken on behalf of
the United States under like regulations.
Sec. 9. And be it further enacted, That if any per-
son shall knowingly and wilfully swear falsely before said
commissioners, or before any person or persons commis-
sioned by them, or authorized by this act, in a case pend-
ing before said commissioners at the time of taking said
oath, or in a case thereafter to be submitted to said board,
such person shall be deemed guilty of perjury, and, on
conviction thereof, shall be subjected to the same pains,
penalties, and disabilities which now are, or shall be here-
after, by law prescribed for wilful and corrupt perjury.
Sec. 10. And be it further enacted, That all letters
and other written and printed papers, to and from each of
said commissioners and the secretary of said board, on
business of the board, shall be received and carried by the
mail free of postage; and, if either shall violate the frank-
ing privilege, he shall be liable to the same penalties as
are prescribed for violation of the same privilege by other
officers of the government.
Sec. 11. And be it further enacted, That no costs
or fees shall be charged by any of the officers aforesaid

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6 to any claimant, except for such services or expenses as
arise from the taking of the testimony of witnesses at the
instance of the petitioner, and for such copies of papers
as he may desire, and that the said board shall prescribe
the charges which shall be made in such cases, and no
fees shall be charged by the several district judges to whom
commissions shall issue for taking testimony in said claims
for services so rendered by them.
Sec. 12. And be it further enacted, That said board
shall, at the commencement of each session Congress,
and at the commencement of each month during the ses-
sion of Congress, report to Congress the facts found by
them in the several claims referred to and acted upon by
them, with their opinion in relation to the same, and shall
prepare a bill or bills in those cases which shall have re-
ceived the favorable decision of said board; and that the
said board shall transmit with said reports the testimony
in each case, whether the same shall receive the favorable
or adverse action of said board.
Sec. 13. And be it further enacted, That said reports
of said board, and the bills reported by them, shall, if not
finally acted upon during the session of Congress to which
said reports are made, be continued from session to ses-
sion, and from Congress to Congress, until the same shall
be finally acted upon, and the consideration of said reports

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1 and bills shall, at the subsequent session of Congress, be
resumed, and the said reports and bills be proceeded with
in the same manner as though finally acted upon at the
session when presented.
Sec. 14. And be it further enacted, That the claims
reported upon adversely shall be placed upon the calendar
when reported, and if the decision of said board shall be
confirmed by Congress, said decision shall be conclu-
sive; and the said board shall not, at any subsequent pe-
riod, consider said claims unless such reasons shall be pre-
sented to said board as, by the rules of common law or
chancery in suits between individuals, would furnish suf-
ficient ground for granting a new trial.
Sec. 15. And be it further enacted, That it shall
be the duty of the Speaker of the House of Representa-
tives, within a reasonable time after the passage of this
act, to appropriate such rooms in the Capitol at Washing-
ton, for the use of said board, as may be necessary for
their accommodation, unless it shall appear to the Speaker
that such rooms cannot be so appropriated without inter-
fering with the business of Congress; and, in that event,
that said board shall procure at the city of Washington
such rooms as may be necessary for the convenient trans-
action of their business.
Sec. 16. And be it further enacted, That said board

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15 shall have the use of all recorded and printed reports made
by the committees of each House when deemed to be
necessary in the prosecution of the duties assigned by this
act. Said board shall appoint a chief clerk, whose salary
shall be eighteen hundred dollars per annum, and an assist-
ant clerk, whose salary shall be fifteen hundred dollars per
annum, to be paid quarterly at the treasury. The said
clerks shall be under the direction of said board in the per-
formance of their duties, and for misconduct or incapacity
may be removed from office by it; but, when so removed,
said board shall make report thereof, with the cause of
such removal, to Congress, if in session, or at the next
session of Congress. Said clerk and assistant clerk shall
take an oath for the faithful discharge of their duties.

MR. CUMMINS PROPOSES THE FOLLOWING
AMENDMENT.

Add at the end of the first section:

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4 And that the term of office of said commissioners
shall be four years, unless for sufficient cause they or
either of them shall be sooner removed from said office
by the President of the United States.

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MR. MEADE PROPOSES THE FOLLOWING
AMENDMENT.

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1 Sec. 2. Fifth line, after “appeal,” insert “by peti-
tion.”
Seventeenth line, after “satisfied,” insert “upon peti-
tion of party aggrieved.”
Sec. 3. First line, after “petitions,” insert “now be-
fore Congress;” and in second line, strike out “from Con-
gress;” and in third line, strike out “the government of”
and “as;” and strike out, in the fourth and fifth lines, all
to “Congress,” inclusive.
Strike out all after “case,” and insert “and all
claims against the United States, which should not
properly be presented to the accounting officers of the
treasury, shall in future be preferred, by petition in the
nature of a bill in chancery, before the said board of com-
missioners,” or before the circuit courts as is hereinafter
provided.
Sec. 4. Second line, after “shall,” insert “keep a re-
cord of their proceedings and shall.”
Sec. 7. Fourth line, after “relief,” insert “the same
shall be dismissed,” and strike out the remainder of the
section.
Sec. 12. Strike out all after “board.”

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5 Sec. 13. First line, strike out “said,” and insert
“the.”
Second line, after “board,” insert “when favorable.
Sixth line, after “acted upon,” strike out the remain-
der of the section.

After fourteenth section:

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1 Sec. 15.And be it further enacted, That the deci-
sion of the board shall, in all cases, be final against the
government, where the amount to be paid to the claimant
shall not exceed the sum of two thousand dollars; and the
accounting officers shall pay the same out of any money
in the treasury not otherwise appropriated. And the peti-
tioners and the United States shall have the right of ap-
peal to the Supreme Court, on the terms prescribed in
appeals from the circuit courts, which appeal shall be
regulated by the same rules that are applicable to the
cases of individuals, and shall be controlled by the same
principles of law and equity, except that the said court
shall, in all cases, decide the merits of the cause, without
regard to technicality in pleading; and the decrees of
said court shall be conclusive against the United States,
and the sums decreed to the claimants shall be paid
out of any money in the treasury not otherwise ap-
propriated.
Sec. 16. And be it further enacted, That any person

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1 having a claim against the United States may, by peti-
tion in the nature of a bill in chancery, prosecute the
same in any circuit court of the United States which
shall be governed by those principles of law and equity
which control its decisions in controversies between indi-
viduals. And in all such cases notice shall be given to
the district attorney of the district in which the court is
held, whose duty it shall be to attend to and defend the
interest of the United States.
Sec. 17. And be it further enacted, That the peti-
tioner, as also the United States, shall have the right to
appeal from the decisions of the circuit to the Supreme
Court, as in other cases; and the decree of the Supreme
Court shall be conclusive against the United States; and
said decree shall be satisfied out of any moneys in the
treasury not otherwise appropriated.
Sec. 18. And be it further enacted, That in the de-
cisions which shall be favorable to the petitioner, a copy
of the record shall be transmitted by the clerk to the So-
licitor of the Treasury; and if, in his opinion, an appeal
ought to be taken, he shall, within six months, take the
case up to the Supreme Court, and notify the Secretary
of the Treasury thereof.
Sec. 19. And be it further enacted, That this act

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3 shall take effect from and after its passage, and shall
continue in force four years.

MR. SCHENCK PROPOSES THE FOLLOWING
AMENDMENT.
Strike out the second and third sections, and insert:

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17 Sec. 2. And be it further enacted, That said board
shall have jurisdiction over all claims against the gov-
ernment of the United States, arising under any con-
tract, express or implied, with the government, or with any
department or officer thereof; or under any existing law
of the United States, in cases where the subject matter of
the claim is not cognizable by any of the officers of the
Treasury Department, or other officers of the govern-
ment; or in any case where damages to individual pro-
perty have been sustained by reason of the act or order
of any officer or person employed by the government,
while such officer or person was in the discharge of a
lawful duty; and the decision of said board shall be
final. But any such claim, when cognizable by any ac-
counting officer of the government, shall be first presented
to and settled by the proper accounting officer; and if
upon such settlement the claimant be dissatisfied with the

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21 decision, he may appeal to the board, herein constituted,
and the proper officer shall lay before the board all pa-
pers and facts on which he acted, with his decision in
the case.

Strike out the twelfth, thirteenth, and fourteenth sections.

MR. PETIT PROPOSES THE FOLLOWING
AMENDMENT.
Strike out all after the enacting clause, and insert:

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assembled, That any person or persons having a claim
or demand against the United States of America, may
bring suit either at law or in equity, as the nature of the
claim or demand may require, against said United
States, before any district court of the United States,
and such court shall proceed to hear and determine the
same; and in the progress, conduct, and determination
of all such suits, the said court and parties shall be
governed by the same rules, regulations, and principles,
that govern in similar cases between individuals.
Sec. 2. And be it further enacted, That no suit
shall be brought on any claim or demand until the same

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2 shall have been presented for settlement to the proper
accounting officer of the United States and by him re-
jected.
Sec. 3. And be it further enacted, That process in
such suits shall be by summons, and duplicates shall
issue; one of which shall be served on the United States
district attorney for the district where the suit is brought,
and the other shall be served on the Solicitor of the
Treasury, by the marshal of the District of Columbia;
and when such service has been so made, and the declara-
tion or bill filed, sixty days prior to the first day of any
term of said court, said cause shall stand for trial, but
may be continued by the court for cause shown on ap-
plication of either party.
Sec. 4. And be it further enacted, That when the
solicitor is served with process, it shall be his duty im-
mediately to make out such instruction as he may be
able to give, and forward the same with such papers,
documents, and information of every kind necessary and
proper for the defence of such suit, as he shall be able to
procure, to the district attorney of the district where the
suit is pending; whose duty it shall be to defend all such
suits.
Sec. 5. And be it further enacted, That no answer,
plea, or other paper, necessary and proper to be filed or

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9 presented to the court, in progress of any such cause,
by the United States, shall be sworn to; but the same
shall be filed or presented by the district attorney in his
official character; and the plaintiff, or complainant, shall
always be held to full proof, according to the rules of
law and equity, of all his allegations necessary to a re-
covery.
Sec. 6. And be it further enacted, That appeals and
writs of error may be taken to the circuit and Supreme
Courts of the United States, as in all other causes, and
under the same rules, except that the United States shall
not be required to give bond in any case.
Sec. 7. And be it further enacted, That when a
judgment or decree shall be rendered against the United
States, unless the same shall be removed to a higher
court within ninety days, the clerk shall certify the date
and amount to the Solicitor of the Treasury, and also to
the Treasurer of the United States; and the same shall
be paid out of any money in the treasury not otherwise
appropriated, but no execution shall issue against the
United States.

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MR. FICKLIN PROPOSES THE FOLLOWING
AMENDMENT.

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assembled, That from and after the passage of this act,
the several judges of the district courts of the United
States shall be, and they are hereby, constituted commis-
sioners, for their respective districts, for the settlement of
claims against the United States. The said commis-
sioners shall severally take an oath before some officer
of the State in which they reside, authorized by law to
administer oaths, faithfully and impartially to execute
the duties imposed on him as such commissioner, to the
best of his judgment and ability; and each of said com-
missioners shall receive a compensation of
per annum, in addition to his salary as district judge, to
be paid annually from the treasury of the United States.
Sec. 2. And be it further enacted, That any person
or persons having a claim against the United States, (the
settlement of which is not provided for by law before any
of the departments of the government, or of the account-
ing officers,) shall file his or their petition with the clerk
of the district court of the United States for the State or
district in which one or more of the claimants shall re

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15 side, which petition shall, in a clear and succinct form,
state the nature and amount of the claim presented, the
name of the person or persons to whom it first accrued,
and the date of such accrual, together with the name and
residence of the claimants, and in what right each one
claims. Which said petition, when received by the clerk,
shall be by him marked, filed, and a memorandum of the
filing entered upon a docket to be by him provided for
that purpose, and which docket shall be kept in his office.
Sec. 3. And be it further enacted, That so soon as
a petition is filed, as aforesaid, it shall be the duty of the
clerk of the district court in which it is filed to
make out and forward a certified copy of the same to the
Secretary of the Treasury of the United States; and it
shall be the duty of the Secretary aforesaid to cause an
investigation to be made, and ascertain whether said
claim, or any part thereof, has been presented for settle-
ment and liquidation to any of the accounting officers or
departments of the government, and what action, if any,
has been had in regard to it; and it shall be the further
duty of said Secretary, so soon as said examination has
been made, to forward to the clerk aforesaid a brief
statement of the result of such examination, and no pro-
ceedings shall be had on said claim until after such

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13 statement shall have been received and filed in the office
of said clerk.
Sec. 4. And be it further enacted, That if, on exam-
ination, the Secretary of the Treasury shall be satisfied
that the subject matter of the claim is by law cognizable
by any of the officers of the Treasury Department, or
other officers of the United States, or shall have been
presented to and settled by the proper accounting officers,
then it shall be the duty of said secretary to notify the
clerk aforesaid, by a statement in writing, of the fact so
ascertained, and thereupon no further proceedings shall
be had on the petition filed with the clerk as aforesaid.
Sec. 5. And be it further enacted, That if, on ex-
amination, the Secretary of the Treasury shall become
satisfied that said claim is not cognizable by law, before
any of the officers of the Treasury Department, or any
other officers of the Untied States, and that the same
shall not have been presented to and settled by any of the
proper accounting officers of the government, it shall be
his duty to notify the clerk with whom said petition has
been filed of said fact, whereupon it shall be the duty of
said clerk, on receipt of said notice, to mark said petition
for hearing, and to notify in writing the district attorney
of the United States for the district in which said peti-
tion is filed of the filing of such petition, whereupon it

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5 shall be the duty of said district attorney to take charge
of said case, on behalf of the government, and bestow
upon it the same attention that he is required by law to
do in all cases in which the United States is a party;
and all judicial notices of the claimants shall be served
on the district attorney, and said district attorney shall
be paid the sum ofdollars for each case to which
he shall attend in person.
Sec. 6. And be it further enacted, That so soon as
convenient after a petition shall have been marked for
hearing by the clerk as aforesaid, it shall be the duty of
the commissioner to fix upon a time at which he will
hear and decide upon said case; and it shall be the duty
of the clerk forthwith to notify the district attorney and
the claimants of such time, in order that they may take
depositions, and make other preparations for the trial.
Depositions may be taken by either party, in the same
manner and under the same rules that are applicable to
the taking and certifying of depositions to be used as evi-
dence in the district court of the United States.
Sec. 7. And be it further enacted, That, when all
the testimony desired by either of the parties shall have
been taken and filed, it shall be the duty of the judge
sitting in the capacity of commissioner for the adjudica-
tion of claims, to proceed to the investigation of the facts

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3 in said cause; and each party shall have the privilege of
being heard by another, but not by oral argument, before
said commissioner, at the time fixed for said investiga-
tion: Provided, That in all cases where a written argu-
ment is filed by the claimant, there shall also be one filed
by the district attorney, before said claim shall be de-
cided upon.
Sec. 8. And be it further enacted, That it shall be
the duty of said commissioner, after the investigation of
each case, to decide the same upon the known and settled
rules of law and equity, and to state briefly, in writing,
the amount awarded to the claimants, together with the
reasons and grounds upon which his decision is founded,
as also the name or names of the person or persons
whom the evidence shows entitled to the same, and when
his decision is adverse to the allowance of said claim, he
shall also briefly state in writing the reasons upon which
such decision is founded, and thereupon all the papers,
in any way connected with the case, shall be forwarded
to the Secretary of the Treasury of the United States, to
be filed away in that department for perpetual refer-
ence.
Sec. 9. And be it further enacted, That within a
reasonable time after the papers in any case are re-
turned to the Secretary of the Treasury, it shall be the

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17 duty of said Secretary, together with the attorney gene-
ral of the United States, to investigate the papers in said
case fully and thoroughly, as also the decision of the
commissioner, together with the reasons upon which it is
based; and if said secretary and attorney shall con-
clude that said decision is correct, they shall so state in
writing, and that shall be final against the government, or
the claimants, respectively; but should said secretary or
attorney decide against the decision of said commis-
sioner, then they shall state fully in writing the reasons
upon which such difference shall be founded, and trans-
mit all the papers in the case, together with the written
opinions to Congress at its next session, and Congress
shall decide upon the same, which decision shall be final.

SUBSTITUTE OFFERED BY MR. DUER TO
HOUSE BILL 412.
Strike out all after the enacting clause and insert:

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assembled, (Same as original bill except as herein stated;
in line seven, insert the words “each of” before the words
“the said,” and in line eight, strike out the word “sev

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2 erally;” and at the end of the section insert as follows:
There shall also be appointed by the President, with the
advice and consent of the Senate, an officer to be desig-
nated the attorney of claims, who shall receive for his
services a compensation of three thousand dollars, to be
paid quarterly, and who shall also, receive the sum of two
dollars for each petition, with a copy of which he shall
have been served as hereinafter provided.)
Sec. 2. And be it further enacted, Same as section
two of original bill except as follows: In line two, after
the word “States” insert the words “now cognizable by
any accounting officer or officers of the government;” and
strike out from and including, the word “unless” in the
sixteenth line, to the end of the section.
Sec. 3. And be it further enacted, That any person
having a claim against the United States other than is re-
ferred to in the last preceding section, may present a peti-
tion to the said commissioners, sworn to by him, or in case
of his inability for absence or other good cause, by his
attorney, stating concisely the facts upon which his claim
is founded, and the nature of the relief sought. And in
case his claim be for a sum of money, he shall state the
exact sum which he demands.
Sec. 4. And be it further enacted, That the said
petition shall be filed with the clerk of the board; and at

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7 any time thereafter the claimant may cause to be served
upon the attorney of claims a copy of said petition, to-
gether with a notice, that on some proper day therein
named, and not less than thirty days from the time of
serving such notice, he will apply to the board of com-
missioners for leave to take testimony to establish his
claim.
the duty of the attorney of claims to investigate all claims
with notice of which he shall have been served as herein-
before provided; and if he believe that the facts alleged in
the petition do not entitle the claimant to any relief, or to
relief of the nature, or to the extent demanded, or if he
have reason to doubt the truth of the allegations, he shall
resist the petition, and it shall be his duty in the taking of
testimony by argument, and in all other proper modes, as
that attorney, to represent and defend the interests of the
United States.
Sec. 6. And be it further enacted, That at such
time as they may fix for that purpose, and on due proof of
notice to the attorney of claims, the board of commis-
sioners shall hear and consider petitions; and whether the
attorney of claims appear before them or not, if they shall
be of opinion, that the claimant on the facts alleged in his
petition is entitled to relief, they shall enter an order, that

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8 he be permitted to take testimony to establish his claim;
but, if they shall be of opinion that the facts stated in the
petition do not entitle the claimant to relief, they shall re-
ject the prayer of the petition.
the duty of the said commissioners to allow claims in the
following cases, and in none others whatsoever:
1. Where it shall appear that the claimant is entitled
to the relief sought, according to the established rules of
law or equity, so far as such rules are applicable to, and
ought to be binding upon governments.
2. Where, from the nature of the facts, the rules of
law and equity as established between individuals are in-
applicable, but where the claimant is entitled to the relief
sought, in justice and sound policy, and according to the
general practice of this and other civilized governments.
Sec. 8. And be it further enacted, That where the
claim established shall be for a sum of money, and shall be
of the character described in the first clause of the last pre-
ceding section, and shall not exceed the sum of five thousand
dollars, the commissioners shall enter a judgment that the
claimant is justly entitled to such sum; and in such case,
they shall report to Congress briefly the nature of the
claim, and the judgment given, but shall not report the

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2 grounds of their decision, nor the testimony taken, unless
expressly required to do so: Provided, That nothing
herein contained shall be construed to prohibit the publi-
cation by the commissioners, or by any other person, of
such decisions and testimony.
Sec. 9. And be it further enacted, That in all other
cases than those specified in the last preceding section,
where the commissioners shall come to a decision favora-
ble to a claim, they shall give no judgment, but shall re-
port to Congress their opinion and reason, together with
the testimony taken and copies of all papers filed.
Sec. 10. And be it further enacted, That the fol-
lowing facts shall constitute a bar to any claim preferred
before the commissioners:
1. That the claim accrued more than thirty years be-
fore the filing of the petition.
2. That the claim accrued more than ten years before
the filing of the petition, and had not for ten years after
the same had accrued been prosecuted by petition either to
Congress or to the commissioners.
3. That the claim has been twice rejected by either
branch of Congress, or rejected once by the Senate, and
once by the House.
Sec. 11. And be it further enacted, That the ses-
sions of the commissioners shall be public, except when

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2 they meet for the purpose of making decisions; witnesses
residing in the city of Washington, or within the distance
of fifty miles from said city, shall be examined orally be-
fore the said commissioners, or before some one of them;
witnesses residing more than fifty miles from the city of
Washington shall be examined on a commission. The
board of commissioners shall have all the powers pos-
sessed by the district courts of the United States to en-
force the attendance of witnesses, and to punish contempts
committed in their actual presence. The rules of evi-
dence shall be the same as in suits between individuals.
Sec. 12. And be it further enacted, (Same as sec-
tion four of original bill, except as follows: strike out
from and after the words “rules” in line three, to and in-
cluding the word “shall” in line nine, and insert “of prac-
tice, and shall cause such rules to.”)
Sec. 13. And be it further enacted, (Same as section
six of original bill, except as follows: strike out from and
after the word “board” in line four, to and including the
word “direction” in line five.)
Sec. 14. And be it further enacted, (Same as
section eight of original bill.)
tion nine of original bill.)

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11 Sec. 16. And be it further enacted, (Same as sec-
tion ten of original bill.)
tion eleven of original bill.)
tion fifteen of original bill.)
tion sixteen of original bill.)
Sec. 20. And be it further enacted, That of the com-
missioners first appointed under this act, one shall hold his
office for four years, one for eight years, and one for
twelve years; and they shall, at their first meeting for the
purpose of organization, determine by lot their respective
terms of service. Commissioners appointed thereafter,
shall hold their office for twelve years, unless when appoint-
ed to fill a vacancy happening otherwise than by the expira-
tion of the term of service of their predecessor, in which
case they shall hold their office for the residue of such
predecessors’ unexpired term.

1 2 3 4 5 6 7 8 9 10 11	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That a board for the settlement of claims against the United States be, and the same is hereby, constituted and established, to consist of three commis- sioners, to be appointed by the President, by and with the advice and consent of the Senate. The said commis- sioners shall severally take an oath before a judge of the circuit court of the United States for the District of Columbia, faithfully and impartially to execute the duties of his office to the best of his judgment and ability; and
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12 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3	each commissioner shall receive a compensation of three thousand five hundred dollars per annum, to be paid quar- terly from the treasury of the United States. Sec. 2. And be it further enacted, That claims against the United States shall, as heretofore, be pre- sented to and settled by the proper accounting officers; and if, upon any such settlement, the claimant shall be dissatisfied, he may appeal to the board of commissioners herein constituted, and the proper officer shall lay before the board all papers and facts on which he acted, with his decision in the case. And in all cases where the sub- ject matter of the claim is by law cognizable by any of the officers of the Treasury Department, or other officers of the United States, it shall be the duty of the claimant first to make application to such officer or officers for the settlement of his claim; and the said claimant shall not be entitled to have his claim examined, or acted upon by the said board, unless it shall have been so presented and acted upon as aforesaid, unless said board shall be satis- fied that there has been unreasonable delay on the part of the proper officers in the consideration and decision of said claim. Sec. 3. And be it further enacted, That all petitions asking relief from Congress on account of any claim against the government of the United States shall, as
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4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 2 3 4 5 6 7 8 9 10	soon as the same have been presented to either House of Congress, be referred to the said board of commis- sioners; and the clerks of both Houses shall, immediately, transmit to said board the petition and papers in each case; and if, during the recess of Congress, any person or corporation, shall desire to prefer any such petition to Congress, such person or corporation shall be allowed to file his petition with the Secretary of the Senate or Clerk of the House of Representatives; and when so filed, the same course shall be pursued as if the said peti- tion had been regularly presented during the session of Congress; and all petitions so filed shall, after the same shall have been duly registered, be by the said Secre- tary and Clerk transmitted, together with the accom- panying papers, to said board of commissioners. Sec. 4. And be it further enacted, That said board, when organized, shall proceed, with all practicable despatch, to establish suitable rules in regard to the receipt of the applications of claimants; the species of evidence the claimant shall produce; the manner in which such evidence shall be taken and authenticated, with the view most effectually to secure the just rights of the claimant, and of the United States. The rules and regu- lations, when so adopted, shall be published for eight successive weeks in the newspapers of the several
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11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9	States and Territories in which the laws of the United States shall then be published. Sec. 5. And be it further enacted, That it shall be the duty of the Solicitor of the Treasury, under direction of said board, to prepare all necessary forms and in- structions as to the taking of testimony; to give his opinion as to any matter of law in any case pending before the board; to file a written argument in a case where the claimant shall file an argument; or to propound interrogatories in a case where a commission shall issue; to take testimony and to give instructions as to the testimony to be taken; and as to the mode and man- ner of taking and authenticating it; and generally to render such services as may be required of him by the board of commissioners, and as may lead to the speedy and just decision of the claims before the board. Sec. 6. And be it further enacted, That it shall be the duty of the district attorneys of the several districts of the United States to render such services as may be required of them by said board, or by the Solicitor of the Treasury, under its direction, in relation to the taking of testimony, or other matters connected with the investi- gation of the claims before the board. It shall also be the duty of district judges of the United States for the several districts to attend to the taking of testimony to be
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10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 1 2 3	used before said commissioners, whether such testimony is taken at the instance of the claimant, or of the United States. And the said commissioners shall issue their commissions to take testimony before said judges, unless it shall appear to them at the time that the same cannot so issue without interfering with the ordinary judicial duties of such district judges; and in such cases, and in those in which the convenience of the parties would be, in the opinion of the board, promoted by so doing, they may direct the commission to a commissioner of the United States, whose duty it shall be to execute said com- mission. Sec. 7. And be it further enacted, That in all cases where it shall appear to the board that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not be the duty of the com- missioners to authorize the taking of any testimony in the case, until the same shall have been reported by them to Congress, as is hereinafter provided: Provided, however, That if Congress shall, in such case, fail to confirm the opinion of said board, they shall proceed to take the testimony in such case. Sec. 8. And be it further enacted, That in taking testimony to be used in support of any claim before said commissioners, opportunity shall be given to the United
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4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 1 2	States to file interrogatories, or by attorney to examine the witnesses, under such regulations as said board shall prescribe, and like opportunity shall be afforded the claimant in cases where testimony is taken on behalf of the United States under like regulations. Sec. 9. And be it further enacted, That if any per- son shall knowingly and wilfully swear falsely before said commissioners, or before any person or persons commis- sioned by them, or authorized by this act, in a case pend- ing before said commissioners at the time of taking said oath, or in a case thereafter to be submitted to said board, such person shall be deemed guilty of perjury, and, on conviction thereof, shall be subjected to the same pains, penalties, and disabilities which now are, or shall be here- after, by law prescribed for wilful and corrupt perjury. Sec. 10. And be it further enacted, That all letters and other written and printed papers, to and from each of said commissioners and the secretary of said board, on business of the board, shall be received and carried by the mail free of postage; and, if either shall violate the frank- ing privilege, he shall be liable to the same penalties as are prescribed for violation of the same privilege by other officers of the government. Sec. 11. And be it further enacted, That no costs or fees shall be charged by any of the officers aforesaid
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3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6	to any claimant, except for such services or expenses as arise from the taking of the testimony of witnesses at the instance of the petitioner, and for such copies of papers as he may desire, and that the said board shall prescribe the charges which shall be made in such cases, and no fees shall be charged by the several district judges to whom commissions shall issue for taking testimony in said claims for services so rendered by them. Sec. 12. And be it further enacted, That said board shall, at the commencement of each session Congress, and at the commencement of each month during the ses- sion of Congress, report to Congress the facts found by them in the several claims referred to and acted upon by them, with their opinion in relation to the same, and shall prepare a bill or bills in those cases which shall have re- ceived the favorable decision of said board; and that the said board shall transmit with said reports the testimony in each case, whether the same shall receive the favorable or adverse action of said board. Sec. 13. And be it further enacted, That said reports of said board, and the bills reported by them, shall, if not finally acted upon during the session of Congress to which said reports are made, be continued from session to ses- sion, and from Congress to Congress, until the same shall be finally acted upon, and the consideration of said reports
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7 8 9 10 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 1	and bills shall, at the subsequent session of Congress, be resumed, and the said reports and bills be proceeded with in the same manner as though finally acted upon at the session when presented. Sec. 14. And be it further enacted, That the claims reported upon adversely shall be placed upon the calendar when reported, and if the decision of said board shall be confirmed by Congress, said decision shall be conclu- sive; and the said board shall not, at any subsequent pe- riod, consider said claims unless such reasons shall be pre- sented to said board as, by the rules of common law or chancery in suits between individuals, would furnish suf- ficient ground for granting a new trial. Sec. 15. And be it further enacted, That it shall be the duty of the Speaker of the House of Representa- tives, within a reasonable time after the passage of this act, to appropriate such rooms in the Capitol at Washing- ton, for the use of said board, as may be necessary for their accommodation, unless it shall appear to the Speaker that such rooms cannot be so appropriated without inter- fering with the business of Congress; and, in that event, that said board shall procure at the city of Washington such rooms as may be necessary for the convenient trans- action of their business. Sec. 16. And be it further enacted, That said board
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2 3 4 5 6 7 8 9 10 11 12 13 14 15	shall have the use of all recorded and printed reports made by the committees of each House when deemed to be necessary in the prosecution of the duties assigned by this act. Said board shall appoint a chief clerk, whose salary shall be eighteen hundred dollars per annum, and an assist- ant clerk, whose salary shall be fifteen hundred dollars per annum, to be paid quarterly at the treasury. The said clerks shall be under the direction of said board in the per- formance of their duties, and for misconduct or incapacity may be removed from office by it; but, when so removed, said board shall make report thereof, with the cause of such removal, to Congress, if in session, or at the next session of Congress. Said clerk and assistant clerk shall take an oath for the faithful discharge of their duties.

1 2 3 4 1 2 3 4 5 6 7 8 9 10 11 12 1 2 1 2 3 1	Sec. 2. Fifth line, after “appeal,” insert “by peti- tion.” Seventeenth line, after “satisfied,” insert “upon peti- tion of party aggrieved.” Sec. 3. First line, after “petitions,” insert “now be- fore Congress;” and in second line, strike out “from Con- gress;” and in third line, strike out “the government of” and “as;” and strike out, in the fourth and fifth lines, all to “Congress,” inclusive. Strike out all after “case,” and insert “and all claims against the United States, which should not properly be presented to the accounting officers of the treasury, shall in future be preferred, by petition in the nature of a bill in chancery, before the said board of com- missioners,” or before the circuit courts as is hereinafter provided. Sec. 4. Second line, after “shall,” insert “keep a re- cord of their proceedings and shall.” Sec. 7. Fourth line, after “relief,” insert “the same shall be dismissed,” and strike out the remainder of the section. Sec. 12. Strike out all after “board.”
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1 2 3 4 5	Sec. 13. First line, strike out “said,” and insert “the.” Second line, after “board,” insert “when favorable. Sixth line, after “acted upon,” strike out the remain- der of the section.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1	Sec. 15.And be it further enacted, That the deci- sion of the board shall, in all cases, be final against the government, where the amount to be paid to the claimant shall not exceed the sum of two thousand dollars; and the accounting officers shall pay the same out of any money in the treasury not otherwise appropriated. And the peti- tioners and the United States shall have the right of ap- peal to the Supreme Court, on the terms prescribed in appeals from the circuit courts, which appeal shall be regulated by the same rules that are applicable to the cases of individuals, and shall be controlled by the same principles of law and equity, except that the said court shall, in all cases, decide the merits of the cause, without regard to technicality in pleading; and the decrees of said court shall be conclusive against the United States, and the sums decreed to the claimants shall be paid out of any money in the treasury not otherwise ap- propriated. Sec. 16. And be it further enacted, That any person
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2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 1 2 3 4 5 6 7 1	having a claim against the United States may, by peti- tion in the nature of a bill in chancery, prosecute the same in any circuit court of the United States which shall be governed by those principles of law and equity which control its decisions in controversies between indi- viduals. And in all such cases notice shall be given to the district attorney of the district in which the court is held, whose duty it shall be to attend to and defend the interest of the United States. Sec. 17. And be it further enacted, That the peti- tioner, as also the United States, shall have the right to appeal from the decisions of the circuit to the Supreme Court, as in other cases; and the decree of the Supreme Court shall be conclusive against the United States; and said decree shall be satisfied out of any moneys in the treasury not otherwise appropriated. Sec. 18. And be it further enacted, That in the de- cisions which shall be favorable to the petitioner, a copy of the record shall be transmitted by the clerk to the So- licitor of the Treasury; and if, in his opinion, an appeal ought to be taken, he shall, within six months, take the case up to the Supreme Court, and notify the Secretary of the Treasury thereof. Sec. 19. And be it further enacted, That this act
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2 3	shall take effect from and after its passage, and shall continue in force four years.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17	Sec. 2. And be it further enacted, That said board shall have jurisdiction over all claims against the gov- ernment of the United States, arising under any con- tract, express or implied, with the government, or with any department or officer thereof; or under any existing law of the United States, in cases where the subject matter of the claim is not cognizable by any of the officers of the Treasury Department, or other officers of the govern- ment; or in any case where damages to individual pro- perty have been sustained by reason of the act or order of any officer or person employed by the government, while such officer or person was in the discharge of a lawful duty; and the decision of said board shall be final. But any such claim, when cognizable by any ac- counting officer of the government, shall be first presented to and settled by the proper accounting officer; and if upon such settlement the claimant be dissatisfied with the
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18 19 20 21	decision, he may appeal to the board, herein constituted, and the proper officer shall lay before the board all pa- pers and facts on which he acted, with his decision in the case.

1 2 3 4 5 6 7 8 9 10 11 12 1 2	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That any person or persons having a claim or demand against the United States of America, may bring suit either at law or in equity, as the nature of the claim or demand may require, against said United States, before any district court of the United States, and such court shall proceed to hear and determine the same; and in the progress, conduct, and determination of all such suits, the said court and parties shall be governed by the same rules, regulations, and principles, that govern in similar cases between individuals. Sec. 2. And be it further enacted, That no suit shall be brought on any claim or demand until the same
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3 4 5 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 1 2	shall have been presented for settlement to the proper accounting officer of the United States and by him re- jected. Sec. 3. And be it further enacted, That process in such suits shall be by summons, and duplicates shall issue; one of which shall be served on the United States district attorney for the district where the suit is brought, and the other shall be served on the Solicitor of the Treasury, by the marshal of the District of Columbia; and when such service has been so made, and the declara- tion or bill filed, sixty days prior to the first day of any term of said court, said cause shall stand for trial, but may be continued by the court for cause shown on ap- plication of either party. Sec. 4. And be it further enacted, That when the solicitor is served with process, it shall be his duty im- mediately to make out such instruction as he may be able to give, and forward the same with such papers, documents, and information of every kind necessary and proper for the defence of such suit, as he shall be able to procure, to the district attorney of the district where the suit is pending; whose duty it shall be to defend all such suits. Sec. 5. And be it further enacted, That no answer, plea, or other paper, necessary and proper to be filed or
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3 4 5 6 7 8 9 1 2 3 4 5 1 2 3 4 5 6 7 8 9	presented to the court, in progress of any such cause, by the United States, shall be sworn to; but the same shall be filed or presented by the district attorney in his official character; and the plaintiff, or complainant, shall always be held to full proof, according to the rules of law and equity, of all his allegations necessary to a re- covery. Sec. 6. And be it further enacted, That appeals and writs of error may be taken to the circuit and Supreme Courts of the United States, as in all other causes, and under the same rules, except that the United States shall not be required to give bond in any case. Sec. 7. And be it further enacted, That when a judgment or decree shall be rendered against the United States, unless the same shall be removed to a higher court within ninety days, the clerk shall certify the date and amount to the Solicitor of the Treasury, and also to the Treasurer of the United States; and the same shall be paid out of any money in the treasury not otherwise appropriated, but no execution shall issue against the United States.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 6 7	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, That from and after the passage of this act, the several judges of the district courts of the United States shall be, and they are hereby, constituted commis- sioners, for their respective districts, for the settlement of claims against the United States. The said commis- sioners shall severally take an oath before some officer of the State in which they reside, authorized by law to administer oaths, faithfully and impartially to execute the duties imposed on him as such commissioner, to the best of his judgment and ability; and each of said com- missioners shall receive a compensation of per annum, in addition to his salary as district judge, to be paid annually from the treasury of the United States. Sec. 2. And be it further enacted, That any person or persons having a claim against the United States, (the settlement of which is not provided for by law before any of the departments of the government, or of the account- ing officers,) shall file his or their petition with the clerk of the district court of the United States for the State or district in which one or more of the claimants shall re
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8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15	side, which petition shall, in a clear and succinct form, state the nature and amount of the claim presented, the name of the person or persons to whom it first accrued, and the date of such accrual, together with the name and residence of the claimants, and in what right each one claims. Which said petition, when received by the clerk, shall be by him marked, filed, and a memorandum of the filing entered upon a docket to be by him provided for that purpose, and which docket shall be kept in his office. Sec. 3. And be it further enacted, That so soon as a petition is filed, as aforesaid, it shall be the duty of the clerk of the district court in which it is filed to make out and forward a certified copy of the same to the Secretary of the Treasury of the United States; and it shall be the duty of the Secretary aforesaid to cause an investigation to be made, and ascertain whether said claim, or any part thereof, has been presented for settle- ment and liquidation to any of the accounting officers or departments of the government, and what action, if any, has been had in regard to it; and it shall be the further duty of said Secretary, so soon as said examination has been made, to forward to the clerk aforesaid a brief statement of the result of such examination, and no pro- ceedings shall be had on said claim until after such
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16 17 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 11 12 13	statement shall have been received and filed in the office of said clerk. Sec. 4. And be it further enacted, That if, on exam- ination, the Secretary of the Treasury shall be satisfied that the subject matter of the claim is by law cognizable by any of the officers of the Treasury Department, or other officers of the United States, or shall have been presented to and settled by the proper accounting officers, then it shall be the duty of said secretary to notify the clerk aforesaid, by a statement in writing, of the fact so ascertained, and thereupon no further proceedings shall be had on the petition filed with the clerk as aforesaid. Sec. 5. And be it further enacted, That if, on ex- amination, the Secretary of the Treasury shall become satisfied that said claim is not cognizable by law, before any of the officers of the Treasury Department, or any other officers of the Untied States, and that the same shall not have been presented to and settled by any of the proper accounting officers of the government, it shall be his duty to notify the clerk with whom said petition has been filed of said fact, whereupon it shall be the duty of said clerk, on receipt of said notice, to mark said petition for hearing, and to notify in writing the district attorney of the United States for the district in which said peti- tion is filed of the filing of such petition, whereupon it
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14 15 16 17 18 19 20 21 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5	shall be the duty of said district attorney to take charge of said case, on behalf of the government, and bestow upon it the same attention that he is required by law to do in all cases in which the United States is a party; and all judicial notices of the claimants shall be served on the district attorney, and said district attorney shall be paid the sum ofdollars for each case to which he shall attend in person. Sec. 6. And be it further enacted, That so soon as convenient after a petition shall have been marked for hearing by the clerk as aforesaid, it shall be the duty of the commissioner to fix upon a time at which he will hear and decide upon said case; and it shall be the duty of the clerk forthwith to notify the district attorney and the claimants of such time, in order that they may take depositions, and make other preparations for the trial. Depositions may be taken by either party, in the same manner and under the same rules that are applicable to the taking and certifying of depositions to be used as evi- dence in the district court of the United States. Sec. 7. And be it further enacted, That, when all the testimony desired by either of the parties shall have been taken and filed, it shall be the duty of the judge sitting in the capacity of commissioner for the adjudica- tion of claims, to proceed to the investigation of the facts
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6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1 2 3	in said cause; and each party shall have the privilege of being heard by another, but not by oral argument, before said commissioner, at the time fixed for said investiga- tion: Provided, That in all cases where a written argu- ment is filed by the claimant, there shall also be one filed by the district attorney, before said claim shall be de- cided upon. Sec. 8. And be it further enacted, That it shall be the duty of said commissioner, after the investigation of each case, to decide the same upon the known and settled rules of law and equity, and to state briefly, in writing, the amount awarded to the claimants, together with the reasons and grounds upon which his decision is founded, as also the name or names of the person or persons whom the evidence shows entitled to the same, and when his decision is adverse to the allowance of said claim, he shall also briefly state in writing the reasons upon which such decision is founded, and thereupon all the papers, in any way connected with the case, shall be forwarded to the Secretary of the Treasury of the United States, to be filed away in that department for perpetual refer- ence. Sec. 9. And be it further enacted, That within a reasonable time after the papers in any case are re- turned to the Secretary of the Treasury, it shall be the
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4 5 6 7 8 9 10 11 12 13 14 15 16 17	duty of said Secretary, together with the attorney gene- ral of the United States, to investigate the papers in said case fully and thoroughly, as also the decision of the commissioner, together with the reasons upon which it is based; and if said secretary and attorney shall con- clude that said decision is correct, they shall so state in writing, and that shall be final against the government, or the claimants, respectively; but should said secretary or attorney decide against the decision of said commis- sioner, then they shall state fully in writing the reasons upon which such difference shall be founded, and trans- mit all the papers in the case, together with the written opinions to Congress at its next session, and Congress shall decide upon the same, which decision shall be final.

1 2 3 4 5	Be it enacted by the Senate and House of Repre- sentatives of the United States of America in Congress assembled, (Same as original bill except as herein stated; in line seven, insert the words “each of” before the words “the said,” and in line eight, strike out the word “sev
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6 7 8 9 10 11 12 13 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 1 2	erally;” and at the end of the section insert as follows: There shall also be appointed by the President, with the advice and consent of the Senate, an officer to be desig- nated the attorney of claims, who shall receive for his services a compensation of three thousand dollars, to be paid quarterly, and who shall also, receive the sum of two dollars for each petition, with a copy of which he shall have been served as hereinafter provided.) Sec. 2. And be it further enacted, Same as section two of original bill except as follows: In line two, after the word “States” insert the words “now cognizable by any accounting officer or officers of the government;” and strike out from and including, the word “unless” in the sixteenth line, to the end of the section. Sec. 3. And be it further enacted, That any person having a claim against the United States other than is re- ferred to in the last preceding section, may present a peti- tion to the said commissioners, sworn to by him, or in case of his inability for absence or other good cause, by his attorney, stating concisely the facts upon which his claim is founded, and the nature of the relief sought. And in case his claim be for a sum of money, he shall state the exact sum which he demands. Sec. 4. And be it further enacted, That the said petition shall be filed with the clerk of the board; and at
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3 4 5 6 7 8 9 1 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7	any time thereafter the claimant may cause to be served upon the attorney of claims a copy of said petition, to- gether with a notice, that on some proper day therein named, and not less than thirty days from the time of serving such notice, he will apply to the board of com- missioners for leave to take testimony to establish his claim. Sec. 5. And be it further enacted, That it shall be the duty of the attorney of claims to investigate all claims with notice of which he shall have been served as herein- before provided; and if he believe that the facts alleged in the petition do not entitle the claimant to any relief, or to relief of the nature, or to the extent demanded, or if he have reason to doubt the truth of the allegations, he shall resist the petition, and it shall be his duty in the taking of testimony by argument, and in all other proper modes, as that attorney, to represent and defend the interests of the United States. Sec. 6. And be it further enacted, That at such time as they may fix for that purpose, and on due proof of notice to the attorney of claims, the board of commis- sioners shall hear and consider petitions; and whether the attorney of claims appear before them or not, if they shall be of opinion, that the claimant on the facts alleged in his petition is entitled to relief, they shall enter an order, that
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8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8	he be permitted to take testimony to establish his claim; but, if they shall be of opinion that the facts stated in the petition do not entitle the claimant to relief, they shall re- ject the prayer of the petition. Sec. 7. And be it further enacted, That it shall be the duty of the said commissioners to allow claims in the following cases, and in none others whatsoever: 1. Where it shall appear that the claimant is entitled to the relief sought, according to the established rules of law or equity, so far as such rules are applicable to, and ought to be binding upon governments. 2. Where, from the nature of the facts, the rules of law and equity as established between individuals are in- applicable, but where the claimant is entitled to the relief sought, in justice and sound policy, and according to the general practice of this and other civilized governments. Sec. 8. And be it further enacted, That where the claim established shall be for a sum of money, and shall be of the character described in the first clause of the last pre- ceding section, and shall not exceed the sum of five thousand dollars, the commissioners shall enter a judgment that the claimant is justly entitled to such sum; and in such case, they shall report to Congress briefly the nature of the claim, and the judgment given, but shall not report the
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9 10 11 12 13 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 1 2	grounds of their decision, nor the testimony taken, unless expressly required to do so: Provided, That nothing herein contained shall be construed to prohibit the publi- cation by the commissioners, or by any other person, of such decisions and testimony. Sec. 9. And be it further enacted, That in all other cases than those specified in the last preceding section, where the commissioners shall come to a decision favora- ble to a claim, they shall give no judgment, but shall re- port to Congress their opinion and reason, together with the testimony taken and copies of all papers filed. Sec. 10. And be it further enacted, That the fol- lowing facts shall constitute a bar to any claim preferred before the commissioners: 1. That the claim accrued more than thirty years be- fore the filing of the petition. 2. That the claim accrued more than ten years before the filing of the petition, and had not for ten years after the same had accrued been prosecuted by petition either to Congress or to the commissioners. 3. That the claim has been twice rejected by either branch of Congress, or rejected once by the Senate, and once by the House. Sec. 11. And be it further enacted, That the ses- sions of the commissioners shall be public, except when
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3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 1 2 3 4 1 2 1 2	they meet for the purpose of making decisions; witnesses residing in the city of Washington, or within the distance of fifty miles from said city, shall be examined orally be- fore the said commissioners, or before some one of them; witnesses residing more than fifty miles from the city of Washington shall be examined on a commission. The board of commissioners shall have all the powers pos- sessed by the district courts of the United States to en- force the attendance of witnesses, and to punish contempts committed in their actual presence. The rules of evi- dence shall be the same as in suits between individuals. Sec. 12. And be it further enacted, (Same as sec- tion four of original bill, except as follows: strike out from and after the words “rules” in line three, to and in- cluding the word “shall” in line nine, and insert “of prac- tice, and shall cause such rules to.”) Sec. 13. And be it further enacted, (Same as section six of original bill, except as follows: strike out from and after the word “board” in line four, to and including the word “direction” in line five.) Sec. 14. And be it further enacted, (Same as section eight of original bill.) Sec. 15. And be it further enacted, (Same as sec- tion nine of original bill.)
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1 2 1 2 1 2 1 2 1 2 3 4 5 6 7 8 9 10 11	Sec. 16. And be it further enacted, (Same as sec- tion ten of original bill.) Sec. 17. And be it further enacted, (Same as sec- tion eleven of original bill.) Sec. 18. And be it further enacted, (Same as sec- tion fifteen of original bill.) Sec. 19. And be it further enacted, (Same as sec- tion sixteen of original bill.) Sec. 20. And be it further enacted, That of the com- missioners first appointed under this act, one shall hold his office for four years, one for eight years, and one for twelve years; and they shall, at their first meeting for the purpose of organization, determine by lot their respective terms of service. Commissioners appointed thereafter, shall hold their office for twelve years, unless when appoint- ed to fill a vacancy happening otherwise than by the expira- tion of the term of service of their predecessor, in which case they shall hold their office for the residue of such predecessors’ unexpired term.