George Shiras, Jr.

“ Can it be possible that, after congress, in recognition of the constitutional provision and of the repeated suggestions of this court, has provided a legal remedy, a subordinate legal functionary can by a plea, either of matter of fact or of law, defeat the beneficient purpose of congress, deprive the plaintiff of his remedy, and convert the United States, against their will, as expressed in the constitution and the act of congress, into a wrongdoer? ”

“ The statute having provided that all claims founded upon provisions of the constitution shall be enforceable, surely a district attorney of the United States cannot by a mere plea, not denying the plaintiff's title to his land, but claiming that the land is legally subject to a servitude in favor of the United States, which exonerates them from making compensation, deprive the plaintiff of his right under the statute to have his claim adjudicated. ”

“ In that view we are of opinion that the United States, having, by their agents, proceeding under the authority of an act of congress, taken the property of the claimant for public use, are under an obligation imposed by the constitution to make compensation. ”