Louis Brandeis

“ The claim for the horse had been disallowed by the Auditor of the War Department on the ground that 'the death of officer's horse was not caused by any exigency of the service, nor from a cause incident to or produced by the military service.' He had disallowed the claim for the personal effects because 'the property was not lost or destroyed by being shipped on an unseaworthy vessel, nor by reason of the claimant giving his attention to saving property belonging to the United States,' and the Auditor's decision was affirmed on appeal by the Comptroller of the Treasury. ”

“ That section provided for reimbursement for horses lost in the military service, among other things 'in consequence of the United States failing to supply sufficient forage.' The 1874 amendment provided for reimbursement in any case 'where the loss resulted from any exigency or necessity of the military service, unless it was caused by the fault or negligence of such officers or enlisted men.' Even if these statutes were applicable to facts like those presented here, there could be no recovery ”

“ These general rules are well settled: (1) That the United States, when it creates rights in individuals against itself, is under no obligation to provide a remedy through the courts. United States ex rel. Dunlap v. Black, 128 U.S. 40, 9 Sup. Ct. 12, 32 L. Ed. 354; Ex parte Atocha, 17 Wall. 439, 21 L. Ed. 696; Gordon v. United States, 7 Wall. 188, 195, 19 L. Ed. 35; De Groot v. United States, 5 Wall. 419, 431, 433, 18 L. Ed. 700; Comegys v. Vasse, 1 Pet. 193, 212, 7 L. Ed. 108. (2) That where a statute creates a right and provides a special remedy, that remedy is exclusive. ”