United States Court of Claims
The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (67
Before the Court of Claims was established, monetary claims against the federal government were normally submitted through petitions to Congress. By the time of the Court's creation, the workload had become unwieldy so Congress gave the Court jurisdiction to hear all monetary claims based upon a law, a regulation, or a federal
The Court originally had three judges, who were given lifetime appointments. The judges were authorized to appoint commissioners to take depositions and issue subpoenas. The federal government was represented in the Court by a solicitor appointed by the President.
Establishment of Court
Prior to the establishment of the Court, members of Congress believed that it would be a violation of sovereign immunity and the separation of powers to empower an institution to provide monetary awards from the Treasury.[1] However, over time, the workload related to the assessment of monetary claims became heavier, leading members of Congress to change its interpretation of the Constitution and seek to establish an institution to alleviate the workload.[1]
The Court of Claims was established in 1855 to adjudicate certain claims brought against the United States government by veterans of the
In 1861,
The conflict inherent between the two provisions was made manifest when in 1864, the decision in Gordon v. United States was appealed to the Supreme Court. The Supreme Court denied that it had jurisdiction because the decisions of the Court of Claims, hence any appeals, were subject to review by an executive department.[4][5] Less than a year later, Congress passed a law removing review of the Court of Claims from the Treasury Department.[6]
Tucker Act
In 1887, Congress passed the Tucker Act (24 Stat. 505), which further restricted the claims that could be submitted directly to Congress and required the claims instead to be submitted to the Court of Claims. It broadened the court's jurisdiction so that "claims founded upon the Constitution" could be heard. In particular, this meant that monetary claims based on takings under the eminent domain clause of the Fifth Amendment could be brought before the Court of Claims. The Tucker Act also opened the Court to tax refund suits.
Depredations against American shipping committed by the French during the
In 1925, Congress changed the structure of the Court of Claims by authorizing the Court to appoint seven commissioners who were empowered to hear evidence in judicial proceedings and report on findings of fact. The judges of the Court of Claims would then serve as a board of review for the commissioners.
In 1932, Congress reduced the salary of the judges of the Court of Claims as part of the Legislative Appropriation Act of 1932.
Beginning in 1948, Congress directed that when directed by the court, the commissioner could make recommendations for conclusions of law (62 Stat. 976). Chief Judge Wilson Cowen made that mandatory under the court rules in 1964.
Elevation to Article III status
On July 28, 1953, Congress passed a law to convert the Court of Claims into an
Two more judges were added to the court in 1966, bringing the total to seven.[11]
Congress terminated the
Abolition
In 1982, Congress abolished the court, transferring its trial level jurisdiction to the new United States Claims Court, now known as the United States Court of Federal Claims, and its appellate jurisdiction to the equally-new United States Court of Appeals for the Federal Circuit. By then, the Court had expanded to have seven judges; they were transferred to the Federal Circuit.[14]
Former judges
# | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | Isaac Blackford | IN | 1786–1859 | 1855–1859 | 1858–1859 | – | Pierce | death |
2 | John Gilchrist | NH | 1809–1858 | 1855–1858 | 1855–1858 | – | Pierce | death |
3 | George Parker Scarburgh | VA | 1807–1879 | 1855–1861[Note 1] | – | – | Pierce | resignation |
4 | Edward G. Loring | MA | 1802–1890 | 1858–1877 | 1859–1863 | – | Buchanan | resignation |
5 | James Hughes | IN | 1823–1873 | 1860–1864 | – | – | Buchanan | resignation |
6 | Joseph Casey | PA | 1814–1879 | 1861–1870[Note 2] | 1863–1870 | – | Lincoln Lincoln (as chief justice) |
resignation |
7 | David Wilmot | PA | 1814–1868 | 1863–1868 | – | – | Lincoln | death |
8 | Ebenezer Peck | IL | 1805–1881 | 1863–1878 | – | – | Lincoln | resignation |
9 | Charles C. Nott | NY | 1827–1916 | 1865–1905 | 1896–1905 | – | Lincoln Cleveland (as chief justice) |
resignation |
10 | Samuel Milligan | TN | 1814–1874 | 1868–1974 | – | – | A. Johnson | death |
11 | Charles D. Drake | MO | 1811–1892 | 1870–1885 | 1870–1885 | – | Grant (as chief justice) | resignation |
12 | William Adams Richardson | MA | 1821–1896 | 1874–1896 | 1885–1896 | – | Grant Arthur (as chief justice) |
death |
13 | Bancroft Davis | NY | 1822–1907 | 1877–1881 1882–1883 |
– | – | Hayes Arthur |
resignation resignation |
14 | William H. Hunt | LA | 1823–1884 | 1878–1881 | – | – | Hayes | resignation |
15 | Glenni William Scofield
|
PA | 1817–1891 | 1881–1891 | – | – | Garfield | resignation |
16 | Lawrence Weldon | IL | 1829–1905 | 1883–1905[Note 3] | – | – | Arthur | death |
17 | John Davis | DC
|
1851–1902 | 1885–1902 | – | – | Arthur | death |
18 | Stanton J. Peelle | IN | 1843–1928 | 1892–1913 | 1905–1913 | – | Harrison T. Roosevelt (as chief justice) |
resignation |
19 | Charles Bowen Howry | MS | 1844–1928 | 1896–1915[Note 4] | – | – | Cleveland | resignation |
20 | Francis Marion Wright | IL | 1844–1917 | 1903–1905 | – | – | T. Roosevelt | appointment to E.D. Ill. |
21 | Fenton Whitlock Booth | IL | 1869–1947 | 1905–1939 | 1928–1939 | 1939–1947 | T. Roosevelt Coolidge (as chief justice) |
death |
22 | George W. Atkinson | WV | 1845–1925 | 1905–1916[Note 5] | – | – | T. Roosevelt | resignation |
23 | Samuel S. Barney | WI | 1846–1919 | 1905–1919 | – | – | T. Roosevelt | retirement |
24 | Edward Kernan Campbell | AL | 1858–1938 | 1913–1928 | 1913–1928 | 1928–1938 | Wilson (as chief justice) | death |
25 | George Eddy Downey | IN | 1860–1926 | 1915–1926[Note 6] | – | – | Wilson | death |
26 | James Hay | VA | 1856–1931 | 1916–1927 | – | 1927–1931 | Wilson | death |
27 | Samuel Jordan Graham | PA | 1859–1951 | 1919–1930 | – | 1930–1951 | Wilson | death |
28 | J. McKenzie Moss | KY | 1868–1929 | 1926–1929 | – | – | Coolidge | death |
29 | William R. Green | IA | 1856–1947 | 1928–1940 | – | 1940–1947 | Coolidge | death |
30 | Nicholas J. Sinnott | OR | 1870–1929 | 1928–1929 | – | – | Coolidge | death |
31 | Thomas Sutler Williams | IL | 1872–1940 | 1929–1940 | – | – | Hoover | death |
32 | Benjamin Horsley Littleton | TN | 1889–1966 | 1929–1958 | – | 1958–1966 | Hoover | death |
33 | Richard S. Whaley | SC | 1874–1951 | 1930–1947 | 1939–1947 | 1947–1951 | Hoover F. Roosevelt (as chief justice) |
death |
34 | Samuel Estill Whitaker | TN | 1886–1967 | 1939–1964 | – | 1964–1967 | F. Roosevelt | death |
35 | John Marvin Jones | TX | 1882–1976 | 1940–1964 | 1947–1964 | 1964–1976 | F. Roosevelt Truman (as chief justice) |
death |
36 | J. Warren Madden | PA | 1890–1972 | 1941–1961 | – | 1961–1972 | Truman | death |
37 | George Evan Howell | IL | 1905–1980 | 1947–1953 | – | – | Truman | resignation |
38 | Don Nelson Laramore | IN | 1906–1989 | 1954–1972 | – | 1972–1982 | Eisenhower | reassignment to Fed. Cir. |
39 | James Randall Durfee | WI | 1897–1977 | 1960–1972 | – | 1972–1977 | Eisenhower | death |
40 | Oscar Hirsh Davis | NY | 1914–1988 | 1962–1982 | – | – | Kennedy | reassignment to Fed. Cir. |
41 | Arnold Wilson Cowen | MD | 1905–1907 | 1964–1977 | 1964–1977 | 1977–1982 | L. Johnson (as chief judge) | reassignment to Fed. Cir. |
43 | Linton McGee Collins | DC
|
1902–1972 | 1964–1972 | – | – | L. Johnson | death |
42 | Philip Nichols Jr. | MA | 1907–1990 | 1966–1982 | – | – | L. Johnson | reassignment to Fed. Cir. |
44 | Byron George Skelton | TX | 1905–2004 | 1966–1977 | – | 1977–1982 | L. Johnson | reassignment to Fed. Cir. |
45 | Shiro Kashiwa | HI | 1912–1998 | 1972–1982 | – | – | Nixon | reassignment to Fed. Cir. |
46 | Robert Lowe Kunzig | PA | 1918–1982 | 1972–1982 | – | – | Nixon | death |
47 | Marion T. Bennett | MD | 1914–2000 | 1972–1982 | – | – | Nixon | reassignment to Fed. Cir. |
48 | Daniel Mortimer Friedman | DC
|
1916–2011 | 1978–1982 | 1978–1982 | – | Carter (as chief judge) | reassignment to Fed. Cir. |
49 | Edward Samuel Smith | MD | 1919–2001 | 1978–1982 | – | – | Carter | reassignment to Fed. Cir. |
- ^ Recess appointment; formally nominated on January 22, 1856, confirmed by the United States Senate on February 11, 1856, and received commission the same day
- ^ Recess appointment; formally nominated on July 9, 1861, confirmed by the Senate on July 22, 1861, and received commission the same day
- ^ Recess appointment; formally nominated on December 12, 1883, confirmed by the Senate on December 18, 1883, and received commission the same day
- ^ Recess appointment; formally nominated on December 8, 1896, confirmed by the Senate on January 28, 1897, and received commission the same day
- ^ Recess appointment; formally nominated on December 5, 1905, confirmed by the Senate on January 16, 1906, and received commission the same day
- ^ Recess appointment; formally nominated on January 7, 1916, confirmed by the Senate on January 17, 1916, and received commission the same day
Succession of seats
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Notes
- ^ S2CID 251365077.
- ^ a b U.S. Courts, United States Court of Federal Claims: The People's Court.
- ^ 12 Stat. 765
- ^ Gordon v. United States, 69 U.S. 561 (1864)
- ^ see also Gordon v. United States, 117 U.S. 697 (1864).
- ^ 14 Stat. 9
- ^ Williams v. United States, 289 U.S. 553 (1933)
- ^ 370 U.S. 530 (1962)
- ^ United States v. Sioux Nation of Indians, 448 U.S. 371 (1980)
- ISBN 0-06-016557-X.
References
Books
- Richardson, William Adams (1885). History, Jurisdiction, and Practice of the Court of Claims (United States) (2nd ed.). Washington, D.C.: Government Printing Office.
- Bennett, Marion Tinsley(1976). The United States Court of Claims: A History; Part I: The Judges, 1855–1976. Washington, D.C.: Committee on the Bicentennial of Independence and the Constitution of the Judicial Conference of the United States.
- Cowen, Wilson; Philip Nichols Jr; Marion T. Bennett (1978). The United States Court of Claims: A History; Part II: Origin, Development, Jurisdiction, 1855–1978. Washington, D.C.: Committee on the Bicentennial of Independence and the Constitution of the Judicial Conference of the United States.
Journals
- "The Constitutional Status of the Court of Claims". JSTOR 1337629.
Websites
- "Court of Claims, 1855–1982". Official website of the Federal Judicial Center. Archived from the original on 2006-09-26. Retrieved 2006-09-28.