quested 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.

RULES

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 domicil; 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 domicil; 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 domicil; and if, in either case, the domicil 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 regard to which he deposes; and must also state if he have any, and, if any, what, interest in the claim to support which his testimony is taken; and, if he have any contingent interest in the same, to what extent, and upon the happening of what event, he will be entitled to receive any part of the sum which may be awarded. He should also state whether he be the agent or attorney of the claimant or of any person having an interest in the claim.

9. Original papers exhibited in proof should be verified as originals by the oath of a witness, whose credibility must be certified as required in the sixth of these rules; but when the fact is within the exclusive knowledge of the claimant it may be verified by his own oath or affirmation. Papers in the handwriting of anyone who is deceased or whose residence is unknown to the claimant may be verified by proof of such handwriting and of the death of the party or his removal to places unknown.

10. All testimony taken in any foreign language and all papers and documents in any foreign language which may be exhibited in proof should be accompanied by a translation of the same into the English language.

11. When the claim arises from the seizure or loss of any ship or vessel, or the cargo of any ship or vessel, a certified copy of the enrollment or registry of such ship or vessel should be produced, together with the original clearance, manifests, and all other papers and documents required by the laws of the United States which she possessed on her last voyage from the United States, when the same are in the

possession of the claimant or can be obtained by him; and, when not, certified copies of the same should be produced, together with his oath or affirmation that the originals are not in his possession and cannot be obtained by him.

12. In all cases where property of any description for the seizure or loss of which a claim has been presented was insured at the time of such seizure or loss, the original policy of insurance, or a certified copy thereof, should be produced.

13. If the claimant be a naturalized citizen of the United States, a copy of the record of his naturalization, duly certified, should be produced.

14. Documentary proof should be authenticated by proper certificates or by the oath of a witness.

15. If the claimant shall have employed counsel, the name of such counsel should, with his address, be signed to the memorial and entered upon the record, so that all necessary notices may be addressed to such counsel or agent respecting the case."

DEPARTMENT OF STATE,

Washington, March 5, 1906.

Paragraph 174 of the Instructions to Diplomatic Officers reads:

"The interposition of diplomatic representatives is often asked by their countrymen to aid in the collection of claims against the government to which they are accredited. If the claim is founded in contract, they must not interfere without specific instructions to do so. If it is founded in tort, they will, as a general rule, in like manner, seek previous instructions before interfering, unless the person of the claimant be assailed or there be pressing necessity for action in his behalf before they can communicate with the Department of State; in which event they will communicate in full the reasons for their action." 2

§ 304. Interpretation of the Circular of 1906.

A few comments upon the scope and interpretation of the circular of 1906 may be appropriate. At the outset, it may be remarked that the circular is most liberally construed, and an approximate compliance with its terms, to the extent of making out a prima facie case on the merits and of proving citizenship and title to protection on the

1 All papers filed by claimants in connection with the presentation of their claims are placed in the Department's files and thus become part of the government records, which may not thereafter be taken from the files for return to the claimants or for other purposes.

* Instructions to the diplomatic officers of the United States, 1897, § 174, p. 68.

part of the claimant will usually suffice to obtain the Department's assistance. The Department reserves and frequently exercises the right of calling for additional evidence upon matters which it deems insufficiently proved. Briefs on the law may also be required, and in this connection it may be said that while the claimant is merely required to state the facts in his case, with the evidence in support, it is well on doubtful matters to accompany the memorial with a brief in support of the legal merits of the claim in international law. Such a brief is often of much assistance to the law officers of the Department of State in determining whether the government's protection may be properly extended to the claimant.

1

The fact that a claim is founded in contract need not deter a claimant in good faith from presenting his memorial to the Department, for while under general principles a pure contract claim is not formally prosecuted, it has been shown within what narrow limits the rule operates. Moreover the use of good offices in support of a meritorious contract claim is usually extended, and is often as efficacious in securing the desired relief as the formal diplomatic pressure of a pecuniary claim.

The need for a memorial in triplicate arises out of the usual necessity of forwarding one copy of the memorial to the diplomatic or consular representative of the United States at the place where the alleged claim arose, for his investigation and report. This report is often required by the Department in order to verify as far as possible the truth of the ex parte statements of the claimant, and to assist it in arriving at a just conclusion as to the propriety of extending diplomatic assistance to the claimant. Many apparently good prima facie cases are thus upon investigation abroad found to be quite unworthy of support. It may be added that in first instance a formal memorial may not be necessary to bring the claim to the attention of the Department, but a mere letter of complaint, stating the case, with the evidence in support, will ordinarily suffice to enable the Department to direct its representative abroad to investigate and report. Upon receipt of a favorable report, the Department may request the claimant to file a formal memorial.

Rule 3 of the circular is designed to establish the citizenship of the real claimant at the origin of the claim, or the fact whether he has in any manner expatriated himself or forfeited protection by prolonged residence abroad.1 Rules 4 and 5 are intended to establish the beneficial ownership of claims, and all matters of transferred interest and assignment.2 These rules are also designed to establish compliance with the requirement that a claim must be national in origin as well as at the time of presentation and must have been continuously national in ownership, a rule which will be more fully considered presently.

It will be recalled that corporations invoking the assistance of the Department in support of a claim are required to file a properly certified copy of the charter or articles of incorporation, together with a duly executed instrument setting forth the ownership of the stock and bonds, including such a statement of the nationality of the holders as will show in whom the greater part of the real beneficial interest lies.3

With reference to Rule 15 it may be said that attorneys not of record must file a power of attorney from a directly interested claimant, before information concerning a claim will be given them. A change of counsel likewise must be accompanied by power of attorney.

Further conditions imposed by the Department, such as the exhaustion of local remedies, all absence of censurable conduct by the claimant, and other matters dependent upon the claimant's actions, will be discussed at more appropriate sections of this Part of the present work.

§ 305. Practice of International Tribunals.

The conditions for the presentation of claims prescribed by the circular of March 5, 1906, are to a large extent derived, as the circular states, from "those which have been adopted by commissions organized under conventions between the United States and foreign governments." The formal conditions necessary to admit a claim

1 Infra, § 326.

2 Supra, § 290 et seq.

3 Supra, § 279.