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HART V. UNITED STATES, 118 U. S. 62 (1886)

U.S. Supreme Court

Hart v. United States, 118 U.S. 62 (1886)

Hart v. United States

Argued March 25, 1886

Decided April 26, 1886

118 U.S. 62


Under § 7 of the Act of June 25, 1888, c. 71, 15 Stat. 76, the Secretary of War transmitted a claim against the United States to the Court of Claims. That court found the claimant to be a person who had "sustained the late rebellion," and that the claim accrued before April 13, 1861, and as the payment of such a claim was forbidden by Joint Resolution No. 46, approved March 2, 18E7, 14 Stat. 571, it decided that it had no jurisdiction to proceed to judgment on the reference made, but could only find the facts and dismiss the petition. Held, no error.

Although, before the joint resolution was passed, the claimant had received from the President a pardon "for all offenses committed by him arising from participation, direct or implied, in the rebellion," the pardon did not authorize the payment of the claim, nor did the joint resolution take away anything which the pardon had conferred.

The case distinguished, as to the effect of the pardon, from Ex Parte Garland, 4 Wall. 333; Armstrong's Foundry, 6 Wall. 766; United States v. Padelford, 9 Wall. 531; United States v. Klein, 13 Wall. 128, and Carlisle v. United States, 16 Wall. 147, 83 U. S. 151.

The act of 1868 did not extend to claims covered by the joint resolution.

The case is stated in the opinion of the Court.

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