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United States Court of Claims


The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (67 Stat. 226), and abolished in 1982. Then, its jurisdiction was assumed by the newly created United States Court of Appeals for the Federal Circuit and United States Claims Court (96 Stat. 25), which was later renamed the Court of Federal Claims.

Before the Court of Claims was established, monetary claims against the federal government were normally submitted through petitions to Congress. By the time of the Court's creation, the workload had become unwieldy so Congress gave the Court jurisdiction to hear all monetary claims based upon a law, a regulation, or a federal government contract. The Court was required to report its findings to Congress and to prepare bills for payments to claimants whose petitions were approved by the Court. Since only Congress was constitutionally empowered to make appropriations, Congress still had to approve the bills and reports, but it usually did so pro forma.

The Court originally had three judges, who were given lifetime appointments. The judges were authorized to appoint commissioners to take depositions and issue subpoenas. The federal government was represented in the Court by a solicitor appointed by the President.

The Court of Claims was established in 1855 to adjudicate certain claims brought against the United States government by veterans of the Mexican–American War. Initially, the court met at Willard's Hotel, from May to June 1855, when it moved to the US Capitol. There, the court met in the Supreme Court's chamber in the basement of the Capitol until it was given its space to use.

In 1861, Abraham Lincoln in his Annual Message to Congress asked that the court be given the power to issue final judgments. Congress granted the power with the Act of March 3, 1863, and it explicitly allowed the judgments to be appealed to the Supreme Court. However, it also modified the law governing the Court so that its reports and bills were sent to the Department of the Treasury rather than directly to Congress. The moneys to cover these costs were then made a part of the appropriation for the Treasury Department.


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