1. this court was established by act of congress in 1855. the law reads thus: “a court shall be established to be called the court of claims, to consist of three judges, to be appointed by the president and senate, and to hold their offices during good behavior; and the said court shall hear and determine all claims founded upon any law of congress, or upon any regulation of an executive department, or upon any contract express or implied, with the government of the united states; which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of congress.”
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2. on the third of march, 1863, the jurisdiction of this court was enlarged, and two additional judges appointed (making five), from the whole number of which the president was authorized to appoint one a chief justice for said court.
3. the mode of commencing proceeding before this tribunal is by petition; in which the claimant must fully set forth his claim, how it arose, its amount, and the parties interested therein. after the case has been heard and determined, the court reports to congress what its decision is, and if favorable to the claimant, a bill is passed for his relief.
4. it holds one session a year, in washington, commencing on the first monday in october, and continuing as long as the business before it requires. it not only tries claims against the government, but by its enlarged jurisdiction, conferred in 1863, it also tries counter claims and set-offs which the united states may have against the claimant. appeals are taken from the court of claims to the supreme court of the united states, when the amount in controversy exceeds $3,000.
5. before the establishment of this court, the only remedy persons having claims upon the government had, was by petitioning to congress for relief; which experience proved to be a long, tedious, and expensive mode of obtaining their dues. the petition now goes to this court, where it is heard and adjudicated in the same form, and by the same rules of procedure which are observed in other courts; for congress has conferred upon it all the powers commonly possessed by other courts of law. it also has a seal.
6. it has greatly facilitated the settlement of claims against the government, and has relieved congress of a great amount of labor, which was urgently pressed upon it at every session.
7. in addition to the five judges, it has a solicitor, an assistant solicitor, and a deputy solicitor, all of whom are appointed by the president and senate; and are officers of the court, whose duty it is faithfully to defend the united states in all matters and claims before this court.
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a bailiff, a clerk, a crier and messenger, all of whom are appointed by the court, make up the remaining officials.
the claimants stand in the relation of plaintiffs, and the government in that of defendant.
