The doctrine of the non-suability of the State prevents the prosecution of a claim against the United States, whether that claim be founded upon a tort of one of its agents, or is one arising out of a contract.

"No government," says the Supreme Court in Gibbons v. United States52 "has ever held itself liable to individuals for the misfeasance, laches, or unauthorized exercise of power by its officers and agents. It does not undertake to guarantee to any person the fidelty of the officers whom it employs, since that would involve it in all its operations in endless embarrassments, and difficulties, and losses which would be subversive of the public interts; . . . The general principle which we have already stated as applicable to all governments, forbids, as a policy imposed by necessity, that they should hold themselves liable for unauthorized wrongs inflicted by their officers on the citizens though occurring while engaged in the discharge of official duties." 53

52 8 Wall. 269; 19 L. ed. 453.

53 See also Dooley v. United States. 182 U. S. 222; 21 Sup. Ct. Rep. 762; 45 L. ed. 1074, and authorities there cited.