Samuel Blatchford

“ She prays for a writ a mandamus against the commissioner of the general land-office, to issue and deliver to her the certificates of new location; but, in case her claim were in fact founded on contract, her demand for relief would substantially amount to a prayer that the United States be decreed specifically to perform the contract. No jurisdiction is given by any statute to the supreme court of the District of Columbia of a suit against the United States or a public officer for the specific performance of a contract made by the United States. ”

“ But we are of opinion that the cases cited on that subject by the relator are not applicable. Inasmuch as nothing had been done by the officers of the land department under the act of March 2, 1867, and no certificates had been made out, and the whole matter still remained executory, no vested right had attached at the time of the approval of the joint resolution. Therefore that resolution did not deprive the widow and children of any property, or right of property, in violation of the constitution. ”