Under its provisions there may be an appeal to the Supreme Court of the United States, whose final decisions will make valuable rules of international law. The usage heretofore prevailing in this Government has been to organize special tribunals to pass upon claims of aliens. These have been found expensive, and the long delay required by diplo matic arrangements to secure the organization of such tribunals, folestablished in the city of Washington a court to be called "The Court of Alien and War Claims," to consist of three judges, with power to hear and determine all claims on the part of citizens of the United States, who during the rebellion were not citizens of any Statea proclaimed in rebellion, and who remained loyal to the Government of the United States, or corporations under the authority of and located in any State not proclaimed in rebellion, or citizens or subjects or corporations of any foreign power, upon the United States, arising out of acts committed against the persons or property of such citizens or subjects during a period of recognized war between the United States and a belligerent not the sovereign of the claimant or claimants, which may be brought before it, as hereinafter provided. The said court shall consist of a chief-justice and of two associate justices, to be appointed by the President, by and with the advice and consent of the Senate, and to hold office during good behavior. Any two of the justices of the court hereby established shall constitute a quorum, and may hold a court for the transaction of business. The compensation of the members of the said court shall be as follows: For the chief-justice, for the term during which the court is occupied in the transaction of business, including adjournments, at the rate of thousand dollars a year; and for the associate justices for such period, at the rate of thousand dollars a year. The compensation shall cease when such term ceases, as hereinafter provided, and shall be revived whenever said court shall be again continued by order of the President, and shall then, and in each case, be convened for such time as said court may be occupied in determining the matters for which it may be convened. SEC. 2. That the first meeting of the said court shall be held on the first Monday of December next, (which shall be the commencement of the first term,) for the purpose of hearing and determining all claims which may be brought before it on the part of said corporations, citizens of the United States, or citizens or subjects of any foreign power, against the United States, arising out of acts committed against the persons or properties of such claimants during the period which intervened between the commencement and the close of the late rebellion, except such claims as are barred by the provisions of the treaty of the eighth of May, eighteen hundred and seventy-one, between Her Britannic Majesty and the United States. It shall be lawful to present said claims, which are to be submitted to the adjudication of said court, up to and including the thirty-first day of December, which will be in the year eighteen hundred and seventyfive, but not later; all claims so presented must be adjudicated and determined by the said court before the first day of January, which will be in the year eighteen hundred and seventy-eight, and the close and determination of such adjudications, and the final adjournment of the court, shall be regarded as the close of the first term. Thereafter the said court may be again convened at the pleasure of the President, as there may be occasion for its services. It shall, in term time, have authority to establish rules and regulations for its government not inconsistent with the provisions of this act; to perform such acts as may be necessary to carry into effect the powers hereby conferred upon it; to administer oaths; to punish for contempt in the manner prescribed by law; to appoint commissioners to take testimony to be used in evidence; to prescribe the fees they shall receive for their services; to issue commissions for the taking of such testimony; and to issue subpoenas for witnesses, either before the court or before such commissioners, which shall have the same force and effect as if issued from a circuit or district court of the United States, and compliance therewith shall be compelled under such rules and orders as the court hereby created may establish. Said court may have a seal, with such device as it may order. It may on its organization appoint the following officers, who shall serve during the pleasure of the court but not later than its dissolution when the business for which it is organized shall Le completed; namely, a reporter, with a compensation at the rate of thousand dollars a year; one stenographer, with a compensation at the rate of thousand dollars a year; a bailiff, with a compensation at the rate of year; and such other officers as Congress may make appropriations for. Said court may, when again convened by the President, make new appointments to such offices, for the term for which it may be convened, and with like compensation. thousand dollars a SEC 3. That upon the organization of said court, and whenever the same shall be convened by the President as herein before provided, the court shall appoint a clerk of * Provision is made for allowing claims for military supplies by act March 3, 1871, to loyal citizens of rebel States, but not in favor of such citizens in loyal States. (See House Ex. Doc. No. 121, 1st sess. 43d Cong.) Alien claims are not within the jurisdiction of the Commissioners of Claims. lowed by the further delay necessary to secure a final adjudication, has not only long postponed but often defeated the ends of justice. thousand dollars a These tribunals have rarely ever given written opinions, at any considerable length, announcing the principles on which their decisions have been based; they have, therefore, furnished no settled principles of international law, and are rarely ever quoted or looked to as authorsaid court, who shall receive a compensation at the rate of year for the time for which he shall serve, and who shall, for such period, have the custody of the seal and records of the court, and shall be authorized to administer oaths and affidavits. The said clerk shall disburse, under the directions of the court, the contingent fund which may at any time be appropriated for the use of the court; but he shall, in each case, first give bond in such an amount and in such form as may be approved by the court, and his accounts shall be settled by the proper accounting officers of the Treasury in the same way as those of clerks of courts of the United States. are or may be settled. An assistant clerk may also be appointed by the court for a like term, if necessary, with a compensation at the rate of thousand dollars per annum. SEC. 4. That, on or before the organization of the said court, an agent for the United States to represent the Government before the said court, until its business shall be transacted, shall be appointed by the President, by and with the advice and consent of the Senate. And as often as the said court shall be convened by the President, an agent shall in like manner be appointed. He shall receive a compensation at the rate of thousand dollars a year. With the consent of the Secretary of State, he may employ an assistant, with a compensation at the rate of thousand dollars a year. It shall be the duty of the agent to prepare all cases on the part of the Government for hearing before said court, and to argue the same orally or in writing, as may be ordered by the court; to cause testimony to be taken when necessary in order to protect the interests of the United States; to prepare forms, file interrogatories, and superintend the taking of testimony in the manner prescribed by said court; and, generally, to render such services as may be required of him from time to time in the discharge of the duties of his said office. Neither such agent nor such assistant agent shall receive any fee or compensation for services rendered in said court, except the salary herein-before provided. SEC. 5. That, as soon as possible after the passage of this act, it shall be the duty of the Secretary of State to give notice thereof to all foreign governments who have presented, or shall hereafter present, on behalf of their corporations, citizens, or subjects, claims against the United States arising out of acts committed against their persons or property during the late rebellion, and to invite each to appoint an agent to present such claims to said court. And whenever and so often as the President shall hereafter convene the said court, it shall be the duty of the Secretary of State to give a similar notice and invitation to each government which may, at the time of such notice and invitation, have diplomatically presented, on behalf of its subjects or citizens, claims. against the United States of the character for the settlement of which the said court is created. All claimants whose governments are not represented before said court, and who are not themselves represented by an attorney or attorneys qualified to practice in the Supreme Court of the United States, must, on filing their petitions, notify the clerk of the court, in writing, of some address in the city of Washington where orders and notices in the cause may be served upon them. SEC. 6. No claim which might have been heard and determined in a district or circuit court of the United States, or in the Court of Claims, shall be heard and determined by the court hereby created, unless it shall appear that such claim was heard and determined in such district or circuit court, or in such Court of Claims, and either that no appeal lay by law to the Supreme Court, or that on an appeal to the Supreme Court and hearing therein the claimant avers that there has been a miscarriage of justice, or that the claimant shall satisfy the court that there was good and sufficient reason why no appeal was taken to the Supreme Court. And all cases shall be heard and determined according to the rules and canons of international law, as accepted in practice by the civilized powers. Proceedings by claimants in said courts shall be commenced by a memorial presented on behalf of the claimant by the agent of the government of which the claimant is a citizen or subject, or, if there be no agent of such government, presented with the assent of the principal diplomatic representative of such government at Washington. The memorial shall set forth a full statement of the claim, with references to dates and places, with the names and residences of the witnesses who are relied upon to establish the claim, and with a reference to any action which may have been had on the claim either in Congress or in any Department. It shall also specify by name each and every person interested in the claim, either directly or indirectly, and shall state when, and upon what consideration, such person became so interested; and it shall declare ity. They may sometimes lack that training in international law and other experience which could be secured by a court devoted for life to such inquiries. Other nations, almost without exception, have given to all aliens, including our own citizens, the right to go into their courts, and have an adjudication of their claims upon such nations. This is shown by the following extract from a note to the report No. 262, made by this committee March 26, 1874, to wit: In Fichera v. U. S., 9 Court Claims R., decided in 1873, Nott, J., said: "The only question presented by this case is whether, under the Italian law, an American citizen may maintain an action against the government of Italy. As we have before found, the perfected justice of the civil law made the government, in matters of ordinary obligation, subject to the suit of the citizen, in the ordinary tribunals of the country. We have found this right to be preserved under modern codes in Prussia, Hanover, and Bavaria, (Brown's Case, 5 C. Cls. R., p. 571;) in the republic of Switzerland, (Lobsiger's Case, id., p. 687;) in Holland, the Netherlands, the Hanseatic Provaffirmatively that no other person is interested therein, either directly or indirectly. Such memorial shall be verified by the oath or affirmation of the claimant or party in interest. The memorial, and all other papers offered on behalf of the claimant, shall be printed by him for the use of the court and the other party, in such form as the court may by rule require. SEC. 7. That the United States shall be allowed such time as the court may direct, not more than six nor less than two months, to answer each petition, in which shall be set up fully and specifically all matters of law and fact which are relied on. The answer shall not be required to be under oath. The answer, and all other papers offered by the United States, shall be printed by the Government for the use of the court and the other party in such form as the court may order; and the same regulation shall apply to any subsequent pleadings which the court may permit either party to file. SEC. 8. That evidence shall be taken at the expense of the party offering it on such notice by each party to the other, and in such manner as the court shall direct; except that the court may, if the interests of justice require it, order any witness whose deposition is offered in evidence to appear personally for examination, and also may, on the motion of the United States, make an order in any case pending in said court, directing that the claimant or claimants in such case, or any one or more of them, shall appear upon reasonable notice, either before the court, or before any commissioner thereof, and be examined, on oath or affirmation, touching any or all matters pertaining to said claim. If any claimant, after such order shall have been made, and due and reasonable notice thereof shall have been served according to the rules of the court and the requirements of the order, shall, without just excuse, fail to appear, or shall refuse to testify or answer fully as to all matters within his knowledge material to the issue, or if it shall appear that any claimant has corruptly practiced, or attempted to practice, fraud against the United States touching his claim, or any part thereof, the said court is hereby empowered to find specifically that the claimant has so failed to appear, or has so refused to testify or answer fully, or has so practiced, or attempted to practice, fraud, and thereupon the said court shall give judgment in favor of the United States, and the claimant shall thereupon be forever barred from prosecuting his claim in said court. SEC. 9. That no evidence shall be received on either side on the trial of the main questions, in any case pending in said court, which is taken ex parte, without notice to the other party in such manner as may be required by the rules of said court. In taking any testimony to be used in support of any claim before said court, opportunity shall be given to the United States to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe, and like opportunity shall be afforded the claimant in cases where testimony is taken on behalf of the United States under like regulations. If any person shall knowingly or willfully swear falsely before said court, or in proceedings therein, or before any person or persons commissioned by them, or authorized by law to administer oaths or take testimony in a case pending before said court at the time of taking such oath or affirmation, or in a case thereafter to be submitted to said court, such person shall be deemed guilty of perjury, and on conviction thereof shall be subjected to the same pains, penalties, and disabilities which now are, or hereafter shall be, prescribed for willful and corrupt perjury. All evidence shall be printed at the expense of the party at whose request it is taken. SEC. 10. That the said court shall have power to call upon any of the Departments for any information or papers it may deem necessary, and shall have the use of all recorded and printed reports made by committees of each House when deemed to be inces, and the Free City of Hamburg, (Brown's Case, 6 C. Cls. R., p. 193;) in France, (Dauphin's Case, id., p. 221;) in Spain, (Molina's Case, id., p. 269 ;) and in Belgium, (De Gives's Case, 7 C. Cls. R., p. 517.) It was also shown in Brown's Case, (5 C. Cls. R., p. 571,) by a distinguished historical writer who was examined as a witness, Mr. Frederick Kapp, that this liability of a government under the civil law is not a device of modern civilization, but has been deemed inherent in the system, and has been so long established that, to use the phrase of the common law, the memory of man runneth not to the contrary. Therefore, it is to be expected that in Italy, the seat and fountain of the civil law, this same liability of government is to be found existing. The "Civil Code of the Kingdom of Italy" of 1866 recognizes, rather than establishes, the fundamental principle of liability; but it expressly provides (article 10) that, "in suits pending before the judicial authority between private persons and the public administration, the proceedings shall always take place formally at the regular session." It is also provided, by the third article of the same code, that "the alien is admitted to enjoy all the civil rights granted to citizens." These provisions establish the right of an Italian citizen to maintain his action in this court, within the meaning of the Act July 27, 1868, (15 Stat., p. 243, § 2,) which prohibits the subject of a foreign govnecessary in the prosecution of the duties prescribed by this act; but the head of no Department shall be required to answer any call for information or papers if, in his opinion, it would be injurious to the public interests. SEC. 11. That, within thirty days after entry of final judgment in any case pending in said court, either party may appeal therefrom to the Supreme Court of the United States; but the agent of the United States shall not in any case give notice of appeal, except under written instructions from the Attorney-General. It shall be the duty of the party appealing to cause to be printed, for the use of the justices of the Supreme Court, all the papers in the case, including the memorials, the answers, the evidence, the arguments, all interlocutory motions and orders, the judgment, the opinions of the judges, (if any are given,) and the record or judgment-roll. The appeal shall be entered at the first term of the Supreme Court held in Washington after the entry of final judgment in the court below, within ten days after the opening of the term. If not entered within that time, the judgment of the court below shall stand. If entered within that time, the case shall be heard upon the printed papers without further argument, unless the Supreme Court shall order an argument, and shall give notice thereof to the Secretary of State. Final judgment may be rendered by the Supreme Court in all such appealed cases; and in each case the clerk of that court shall give notice thereof to the Secretary of State. SEC. 12. That at the close of their labors at the first term of the court as hereinbefore provided, and at the close of any term for which the court may be hereafter convened, the said judges shall transmit to the Secretary of State, under their hands and seals, a statement showing in detail the decisions and awards made by them, with the nationality of each claimant, and the amount awarded to each; also, showing in like detail, and with like statements, the claims which were presented for allowance, and which were not allowed; also, showing, in like detail, and with like statements, the cases in which appeals may have been taken to the Supreme Court of the United States. They shall also deposit in the Department of State the original records and other papers of the court (including all original papers on file and the seal of the court) during the period for which it may have been in session, which shall thereafter constitute a part of the archives of that Department. And it shall be the duty of the Secretary of State in each case, as soon thereafter as may be, to transmit to Congress a copy of the said statement, and to notify each government whose citizens or subjects. may have presented claims for adjudication by said court, of the judgments made in favor of or against such citizens or subjects. And it shall also be the duty of the Secretary of State to give similar notice to Congress and to foreign governments of judgments rendered by the Supreme Court of the United States on appeals taken from the judgments of the court established by this act. And the result of the proceedings of the said courts are to be regarded as a full, perfect, and final settlement of all claims of aliens which were, or which might have been, presented before the court established by this act. SEC. 13. That whenever and as often as said court may be convened, the Secretary of State shall provide proper rooms and accommodations for the transaction of its business. SEC. 14. Said court shall have jurisdiction of and power to hear and determine all claims and rights of action against the United States which shall be presented to the Secretary of State, by petition, in the nature of a petition of right, and which shall be by him referred to said court, and all claims and rights of action which shall be referred to said court by the President of the United States or by either House of Congress. And the provisions of this act shall, so far as applicable, govern the proceedings on such claims and rights of action. SEC. 15. That this act shall take effect upon its passage. ernment from maintaining a suit for captured property, unless "the right to prosecute claims against such government in its courts is reciprocal, and extends to citizens of the United States." In England aliens have a remedy by "petition of right," regulated by act 23 and 24 Victoria, July 3, 1860. (U. S. v. O'Keefe, 11 Wallace, 179; Carlisle v. U. S., 16 Wallace, 148. See Whiting's War-Powers of the President, 51; The Venus, 8 Cranch; The Hoop, 1 Robinson, 196; The Army Warwick, Sprague, J.) See Whiting's "War-Claims," affixed to 43d ed. of "War-Powers," p. 333, ed. of 1871 ; Perrin . U. S., 4 Court Claims 547.3 3 In addition to the reasons in favor of a court of alien claims, it may be stated that it is provided by act of Congress as to the Court of Claims, that “The jurisdiction of the said court shall not extend to any claim against the Government not pending therein on December one, eighteen hundred and sixty-two, growing out of, or dependent on, any treaty stipulation entered into with foreign nations or with the Indian tribes." In Brown vs. The United States, decided in the Court of Claims May 22, 1871, Nott, J., said: 'Our popular orators and writers have impressed upon the public mind the belief that in this republic of ours private rights receive unequalled protection from the Government; and some have actually pointed to the establishment of this court as a sublime spectacle to be seen nowhere else on earth. The action of a former Congress, however, in requiring (act 27 July, 1868, 15 Stat. L., p. 243) that aliens should not maintain certain suits here unless their own governments accorded a corresponding right to citizens of the United States, has revealed the fact that the legal redress given to a citizen of the United States against the United States is less than he can have against almost any government in Christendom. The laws of other nations have been produced and proved in this court, and the mortifying fact is judicially established that the Government of the United States holds itself, of nearly all governments, the least amenable to the law. "First in this high civilization that protects the individual and assures his rights stands the great empire of the German states. The state,' says a lawyer, also distinguished as a writer, who was examined as a witness in this court, 'represented in its pecuniary capacity as the representative of money and property affairs, is called the fiscus. For the purpose of maintaining suits against the government, the fiscus stands in the place of the government; for the purpose of compelting the payment of demands against the state, the fiscus is substituted for the state itself. I know of no restriction of the rights of the subjects of Prussia to maintain any suit against the fiscus; foreigners as well as subjects, any man, can sue the fiscus; the power to maintain a suit against the fiscus is a matter of absolute right. Suits in relation to state property, in which the fiscus is either plaintiff or defendant, are treated and decided like suits among private parties, and all the consequences of defaults and executions take place against the fiscus. The fiscus is brought into court by the service of summons and complaint upon the fiscal attorney. The fiscal attorney has to answer just like any other party and bring his proof. Judgment rendered against the fiscus may be satisfied and discharged in the usual way, by execution. Brown's Case, (5 C. Cls. R., p. 271.) "In Hanover and Bavaria the redress is substantially the same. Muller's Case, (6 id., p..) In the republic of Switzerland the 'federal tribunal takes cognizance of suits between the confederation on the one side and corporations or individuals on the other when these corporations or private citizens are complainants and the object litigation is of the value of at least 3,000 francs.' Law 5th June, 1849; (Lobsiger's Case, 5 id., p. 687.) In Holland, the Netherlands, the Hanseatic Provinces, the free city of Hamburg, and probably in all countries which have inherited the perfected justice of the civil law, the government is in legal liability thus subject to the citizen. Even in France, under the late empire, there was a less circumscribed means of redress, a more certain judicial remedy, a more effective method of enforcing the judgment recovered, than has been given to the American citizen, notwithstanding the pledge of the Constitution. Of all the governments of Europe, it is believed that Russia alone does not hold the state amenable in matters of property to the law. Of all the countries whose laws have been examined in this court, Spain only resembles the United States in fettering the judicial proceedings of her courts by restrictions and leaving the execution of their decrees dependent upon the legislative will. Yet, even in Spain, we know historically, back in the time of Ferdinand and Isabella, that the son of Columbus' did not succeed to his father's dignities till he had obtained a judgment in his favor against the Crown from the council of the Indias, an act,' adds Prescott, highly honorable to that tribunal, and showing that the independence of the courts of justice, the greatest bulwark of civil liberty, was well maintained under King Ferdinand! (Ferd. and Isabella, 3d vol., p. 245.) The records of this court also show that, within the present century, an American citizen recovered a judgment against Spain, in a Spanish tribunal, to the very large amount of $373,879.88, and that he elected to retain Spain as his debtor when |