MR. CHIEF JUSTICE FULLER delivered the opinion of the court.
On the 3d of March, 1887, an act of Congress was approved, entitled "An act to provide for the bringing of suits against the government of the United States," 24 Stat. 505, c. 359, of which the first, second, ninth and tenth sections are as follows:
"That the Court of Claims shall have jurisdiction to hear and determine the following matters:
"First. All claims founded upon the Constitution...
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