John McLean

“ The only credits which can be claimed by an officer in the service of the United States, are those for services performed under the authority of a law, by a contract made by an officer or agent of the government, authorized to make the contract. Although service may have been rendered, and the government may be bound, in equity and good conscience, to allow a compensation for them, yet if the auditor of the treasury could not allow for them, courts and juries cannot look into them. ”

“ That in all cases where an equitable claim against the United States is set up by a defendant, which, under the circumstances, should have been allowed by an exercise of the discretionary powers of the president or the head of a department, it should be submitted to the jury, under the instructions of the court. Equitable, as well as legal claims against the government, are contemplated by the law as proper items of credit on the trial ”

“ It is not contended, that any difference exists between implied contracts with the government, when a law has authorized a contract, and implied contracts with individuals. The authority to make the contract to bind the United States must be shown. ”