Levi Woodbury

“ The accounting officers of the government are bound to pass upon all claims presented to them, without reference to the number or amount of the debits of the government against the party applying. If a suit is subsequently instituted by the United States against a supposed debtor, he has a right to present, for the consideration of the court and jury, all items for which he had previously claimed a credit at the department, without any reference to the number or amount of the debits against him. There is and can be no other limit, so far as the right is concerned. ”

“ The first can have no influence, because the United States, when it voluntarily becomes a suitor in any court, must submit, and does submit, to the same rules and mode of proceeding which apply to any other suitor. The practice and rules of the court constitute the law of the court. The government or sovereign, when a suitor, is bound by the same rules of evidence as any other suitor, unless there is some statute provision to the contrary, except in some matters of presumption, not applicable to this inquiry. ”

“ No officer, however high, not even the President, much less a Secretary of the Treasury or Treasurer, is empowered to pay debts of the United States generally, when presented to them. If, therefore, the petition in this case was allowed so far as to order the verdict against the United States to be entered on the books of the Treasury Department, the plaintiff would be as far from having a claim on the Secretary or Treasurer to pay it as now. The difficulty in the way is the want of any appropriation by Congress to pay this claim. ”

“ The mode adopted in England and in this country, in many cases, is by authorizing a resort to the judiciary; sometimes such resort is permitted in the first instance, but generally after an unsuccessful application to some department or commission. Wherever the United States have authorized recourse to the judiciary, and the right has been contested or settled by the judiciary in the mode prescribed, such judicial action upon the right-I speak not of the remedy-must be in its nature conclusive and final. ”

“ The right of the citizen against the government may be judicially ascertained, if the legislative department so provide; and such adjudication, rightfully had, must be conclusive, unless express provision to the contrary is made. The judiciary may be authorized to determine the right, to pass a judgment or decree which shall bind the government, and may not have authority to issue execution against the government or its property. ”

“ That the said Circuit Court for the Eastern District of Pennsylvania had no power or jurisdiction to render judgment against the United States for the said sum of $188,496.06, or for any amount, and that their said judgment is, therefore, null and void. The sovereign power is subject neither to suit nor judgment in its own courts, unless by its own consent, and in this country that consent can only be given by law. ”

“ The sovereignty of the government not only protects it against suits directly, but against judgments even for cost, when it fails in prosecutions (4 Howard, 288) .
Such being the settled principle in our system of jurisprudence, it would be derogatory to the courts to allow the principle to be evaded or circumvented. ”

“ It is well settled, too, that no action of any kind can be sustained against the government itself, for any supposed debt, unless by its own consent, under some special statute allowing it, which is not pretended to exist here. ”

“ Claims exceeding the debits were passed upon without objection.
United States v. Bank of Metropolis, 15 Peters, 377. 'When United States becomes party to a negotiable instrument, it has all the rights and incurs all the responsibilities of individuals who are parties to such instruments. There is no difference, except that the United States cannot be sued. ”

“ The judgment between the parties in 6 Peters was held conclusive.
United States v. Arredondo, 6 Peters, 711, 715, 719. When the United States consent to be sued, and submit to judicial action, the rights of the parties to be determined upon the same principles as between man and man.
United States v. Dunn, 6 Peters, 51; United States v. McDaniel, 7 Peters, 1; United States v. Ripley, 7 Peters, 18; United States v. Fillebrown, 7 Peters, 28; United States v. Percheman, 7 Peters, 51. No limit of the jurisdiction of the court to items equal in amount with the debits was suggested. ”