The jurisdiction of the court is not to extend to any claim growing out of any treaty with foreign nations or Indian tribes. unless such claim was pending in said court December 1, 1`42: nor shall the jurisdiction of the court ex tend to any claim against the United States for the destruction. appropriation, or damage of any property by the army or navy engaged in the suppression of the Civil War, from the com mencement to the close thereof. The general prineiple characterizing all the legislation re lating to this court is that its jurisdiction is confined to claims arising out of contract or for damages in cases not founding in tort. Accord ingl•, the Supreme Court of the United States has held that a person injured by the tort—that is, by the wrongful act—of a Government officer or agent, cannot obtain redress in the Court of Claims, but must apply to Congress for relief. It has also been held. by the same court, that in order to obtain a recovery upon an implied contract, the claimant must show that the Unit ed States received a consideration for the claim presented, or that they received money or prop erty with a duty to turn it over to the claimant, or that the claimant 11:1(1 a lawful right to it when the United States received and appropriat ed it. The statutes provided that claims of the
character above deseribed may be recovered whether or not' they are such as would be prose cuted in a court of law, of equity, or of ad miralty if the United States Were suable; but the actions in this court are not actions at com mon law, and therefore the claimant has no right to a jury trial: nor does this court pos sess the jurisdiction and power; of an equity tribunal. The court has declared that it has never felt itself bound by the strict rules of common law or of equity pleading and practice, but that its aim is to administer justice be tween the claimant and the Government in a simple and expeditious manner. Proceedings originate in the court by petition filed ; and tes timony used in the hearing and determination of elaims is taken by commissioners who are ap pointed for the purpose by the court. Consult, for full information, the United States statutes and the digests. For the organization and juris diction of similar tribunals constituted by them, the statutes of the several States must be con sulted.