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on War Claims, I have to remark that such presentation is entirely inconsistent with usage, which requires that aliens must address this Government only through the diplomatic representatives of their own governments.

"This Department refuses to entertain applications or to receive claims from aliens except through a responsible presentation by the regularly accredited representative of their government.

"I have also been under the impression that Congress refused to receive petitions or claims from aliens. Such I am advised was at one time the rule of the House of Representatives, and such is the rule at present in the Senate, as I am informed. The propriety of the refusal to allow an alien to intrude his claims upon Congress can not be questioned."

Mr. Fish, Sec. of State, to Mr. Lawrence, M. C., April 22, 1874, Magoon's
Reports, 340.

Aliens asserting claims for unliquidated damages against the United States must present them to the Department of State through the diplomatic channel, Congress having adopted in 1874 the rule that it would not consider alien claims unless presented through that Department.

Mr. Magoon, law officer, division of insular affairs, War Dept., Feb. 6, 1901, Magoon's Repts. 338, citing Report No. 498, Committee on War Claims, May 2, 1874, 43 Cong. 1 sess.

The Italian minister having enclosed to the Department of State certain papers relating to a claim which it was said an Italian subject desired to bring against the United States, the Department of State said: "The weight of your high commendation of the claim is most cheerfully recognized; yet, in view of the practice of the Department, I shall necessarily be constrained to defer its consideration, until presented in the name of His Majesty's Government, as is usual in the case of international claims, and now enclose the papers to your address accordingly."

Mr. Frelinghuysen, Sec. of State, to Baron de Fava, June 21, 1884, MS.
Notes to Italy, VIII. 83.

In a subsequent communication, the Department of State explained that
claims against the Government could be presented only in one of two
ways: (1) Either by the claimant's availing himself directly of such
judicial or administrative remedy as the domestic law might pre-
scribe; or (2) in the absence of such remedy, if the claimant was an
alien, by his government "formally presenting the claim as an inter-
national demand to be adjusted through the diplomatic channel."
Baron Fava's note, it was said, merely purported to be a personal
introduction and commendation of the claimant, leaving him to pre-
sent his claim himself, and the Department of State added: "I do
not see that the case would be altered if your introduction of Mr.

Piazza were viewed as the official act of your Government, so long as the effect is to leave Mr. Piazza to present his claim himself and to receive the reply of this Government through your good offices." (Mr. John Davis, Act. Sec. of State, to Baron de Fava, July 9, 1884, MS. Notes to Italy, VIII. 92.)

A report from Mr. Fish, Secretary of State, of December 12, 1874, giving returns from a series of foreign ministers on the subject of claims against governments, is in House Report 134, 43 Cong. 2 sess. 26. In the same report is given an argument on behalf of the bill for reference of international claims by the Secretary of State to the Court of Claims.

See the Hon. William Lawrence's "The Law of Claims against Governments, including the mode of adjusting them and the procedure adopted in their investigation," Feb. 10, 1875, H. Rept. 134, 43 Cong. 2 sess.

2. AGAINST FOREIGN GOVERNMENTS.

§ 971.

In order that a claim of a citizen of the United States for redress or indemnity may be diplomatically presented to a foreign Government, there must be presented to the Secretary of State a petition, accompanied by a sworn statement in detail of the injury sustained, together with such other proof as may be obtained sustaining the allegations of the petition.

Mr. Marcy, Sec. of State, to Mr. Crain, Feb. 24, 1854, 42 MS. Dom. Let.
244; Mr. Buchanan, Sec. of State, to Mr. Eliot, May 20, 1847, 36 MS.
Dom. Let. 255; Mr. Uhl, Acting Sec. of State, to Attorney-General,
June 23, 1894, 197 MS. Dom. Let. 449.

Where the claim is founded in contract a diplomatic representative of the United States must not interfere without specific instructions. Where it is founded in tort, he will likewise await instructions, unless the person of the claimant be assailed or there be pressing necessity for action before the Department of State can be consulted; in which event he will communicate in full the reasons for his interference.

Instructions to Diplomatic Officers (1897), § 174, p. 68.

See, to the same effect, Mr. Marcy, Sec. of State, to Mr. Bowlin, min. to
Colombia, No. 16, Jan. 12, 1856, MS. Inst. Colombia, XV. 212.

While there is no objection to a citizen of the United States collecting his claim against a foreign government by suit in the local courts or by direct appeal to the administrative government, provided he does so by private instrumentality, yet it is "a positive violation of international comity," and of the regulations prescribed by the DeH. Doc. 551-vol 6- -39

partment of State, for a diplomatic representative of the United States to undertake to collect a claim "which has not first been submitted to the Department of State, and by it approved and sent to him with special instructions. You are therefore directed," continued the Department, "to withdraw absolutely your connection with any claims of citizens of the United States against the Government of Hayti which have not been approved by this Department and directed to be presented to that Government for payment."

Mr. Olney, Sec. of State, to Mr. Smythe, min. to Hayti, No. 136, March 20, 1896, MS. Inst. Hayti, III. 479.

See, also, Mr. Gresham, Sec. of State, to Mr. Smythe, tel., March 21, 1895, MS. Inst. Hayti, III. 439.

"No diplomatic agent of this Government is authorized, without instructions to that effect, to use any other means than respect ful argument or persuasion, orally or in writing, for the purpose of inducing a foreign government to adjust claims of citizens of the United States; nor is he authorized to use threatening language for such a purpose without express instructions."

Mr. Marcy, Sec. of State, to Mr. Clay, min. to Peru, May 24, 1855, MS.
Inst. Peru, XV. 159.

3. PETITION AND PROOF.

§ 972.

"Citizens of the United States having claims against foreign governments, not founded on contract, in the prosecution of which they may desire the assistance of the Department of State, should forward to the Department statements of the same, under oath, accompanied by the proper proof.

“The following rules, which are substantially those which have been adopted by commissions organized under conventions between the United States and foreign governments, for the adjustment of claims are published for the information of citizens of the United States having claims against foreign governments of the character indicated in the above notification; and they are advised to conform as nearly as possible to these rules in preparing and forwarding their papers to the Department of State.

"Each claimant should file a memorial, in triplicate, properly dated, setting forth minutely and particularly the facts and circumstances from which the right to prefer such claim is derived by the claimant. This memorial should be verified by his or her oath or affirmation.

"All subsequent communications to the Department in the nature of statements of fact, arguments, or briefs should likewise be furnished in triplicate.

"The memorial and all the accompanying papers should have a margin of at least one inch on each side of the page, so as to admit of their being bound in volumes for preservation and convenient reference; and the pages should succeed each other, like those of a book, and be readable without inverting them.

"When any of the papers mentioned in rule 11 are known to have been already furnished to the Department by other claimants, it will be unnecessary to repeat them in a subsequent memorial. A particular description, with a reference to the date under which they were previously transmitted, is sufficient.

"Nor is it necessary, when it is alleged that several vessels have been captured by the same cruiser, to repeat in each memorial the circumstances in respect to the equipment, arming, manning, flag, etc., of such cruiser, which are relied upon as the evidence of the responsibility of a foreign government for its alleged tortious acts. A simple reference to and adoption of one memorial in which such facts have been fully stated will suffice.

"It is proper that the interposition of this Government with the foreign government against which the claim is presented should be requested in express terms, to avoid a possible objection to the jurisdiction of a future commission on the ground of the generality of the claim.

"Claims of citizens against the Government of the United States are not generally under the cognizance of this Department. They are usually subjects for the consideration of some other Department, or of the Court of Claims, or for an appeal to Congress.

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"In every memorial should be set forth

"1. The amount of the claim; the time when and place where it arose; the kind or kinds and amount of property lost or injured; the facts and circumstances attending the loss or injury out of which the claim arises; the principles and causes which lie at the foundation of the claim.

"2. For and in behalf of whom the claim is preferred, giving Christian name and surname of each in full.

"3. Whether the claimant is now a citizen of the United States, and, if so, whether he is a native or naturalized citizen and where is now his domicile; and, if he claims in his own right, then whether he was a citizen when the claim had its origin and where was then his domicile; and, if he claims in the right of another, then whether such other was a citizen when the claim had its origin and where was then and where is now his domicile; and if, in either case, the domicile of the claimant at the time the claim had its origin was in any

foreign country, then whether such claimant was then a subject of the government of such country or had taken any oath of allegiance thereto.

"4. Whether the entire amount of the claim does now, and did at the time when it had its origin, belong solely and absolutely to the claimant; and, if any other person is or has been interested therein, or in any part thereof, then who is such other person and what is or was the nature and extent of his interest; and how, when, and by what means and for what considerations the transfer of rights or interests, if any such was made, took place between the parties.

"5. Whether the claimant, or any other who may at any time have been entitled to the amount claimed, or any part thereof, has ever received any, and, if any, what, sum of money or other equivalent or indemnification for the whole or any part of the loss or injury upon which the claim is founded; and, if so, when and from whom the same was received.

"6. All testimony should be in writing, and upon oath or affirmation, duly administered according to the laws of the place where the same is taken, by a magistrate or other person competent by such laws to take depositions, having no interest in the claim to which the testimony relates and not being the agent or attorney of any person having such interest, and it must be certified by him that such is the case. The credibility of the affiant or deponent, if known to such magistrate or other person authorized to take such testimony, should be certified by him; and, if not known, should be certified on the same paper upon oath by some other person known to such magistrate, having no interest in such claim and not being the agent or attorney of any person having such interest, whose credibility must be certified by such magistrate. The deposition should be reduced to writing by the person taking the same, or by some person in his presence having no interest, and not being the agent or attorney of any person having an interest, in the claim, and should be carefully read to the deponent by the magistrate before being signed by him, and this should be certified.

"7. Depositions taken in any city, port, or place without the limits of the United States may be taken before any consul or other public civil officer of the United States resident in such city, port, or place, having no interest, and not being agent or attorney of any person having an interest, in the claim to which the testimony so taken relates. In all other cases, whether in the United States or in any foreign place, the right of the person taking the deposition to administer oaths by the laws of the place must be verified.

"8. Every affiant or deponent should state in his deposition his age, place of birth, residence, and occupation, and where was his residence and what was his occupation at the time the events took place in

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