John McLean

“ And where the vouchers were not in the power of the defendant before the trial; or, from the peculiar circumstances of the case, a presentation of the claim to the treasury could not be required, the offset may be submitted for the action of the jury. But a claim for unliquidated damages cannot be pleaded by way of a set-off, in an action between individuals; and the same rule governs in an action brought by the government.
There is no law of congress which authorizes the assignment of claims on the United States ”

“ In the charter party it is agreed that Breedlove, Bradford and Robeson should transport, unavoidable accidents excepted, a part of the seventh regiment of infantry, under the command of colonel M. Arbuckle, and their baggage, together with a quantity of stores, not to exceed the bulk of eight hundred barrels, to the port of Arkansas, &c. 'For the true and faithful performance of the above, certificates of which to be given by colonel M. Arbuckle, or officer commanding, the party of the second part binds himself, as agent of the United States to pay,' &c. ”