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"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

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 can not 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."

Circular relating to Claims against Foreign Governments, Department of
State, March 5, 1906.

See Mr. Evarts, Sec. of State, to Mr. Ketcham, Feb. 23, 1881, 136 MS.
Dom. Let. 346.

"It is not the province of the Department to designate the nature of the evidence on which claimants should substantiate their claim; it is to be presumed, of course, that the same care will be taken to obtain the most positive proof of which the case is susceptible as if the claims were to be subjected to the scrutiny of a court of justice.”

Mr. Marcy, Sec. of State, to Mr. Sanford, Mar. 22, 1856, 45 MS. Dom. Let. 160.

"The Executive Government is not furnished with the means of instituting and pursuing methods of investigation which can coerce the production of evidence or compel the examination of parties and witnesses. The authority for such an investigation must proceed from Congress."

Mr. Seward, Acting Sec. of State, to Mr. Zamacona, Aug. 20, 1879, MS.
Notes to Mex. VIII. 156.

As to the power of officers of the United States, where it is made their
duty to settle claims against the United States, see Williams, At. Gen.,
1874, 14 Op. 419.

"You are right in asserting that this Department requires, as a condition precedent for the presentation of a claim to a foreign government simply a prima facie case such as would authorize a chancellor to issue ex parte process, and that the case is not exhaustively examined on the merits until these merits are contested by the Government to whom the claim is presented. You are right, also, in assuming that unless the claimant's papers present such a prima facie case, the Department will decline to present the claim. Ordinarily, it should be observed, it is a prerequisite to the presentation of such a claim by the Department, that it should be verified by affidavit or adequate documentary proof, but this condition is not insisted on when, on the facts set forth on the claimant's petition, it appears that, no matter how completely these facts are verified, he has not a prima facie case."

Mr. Bayard, Sec. of State, to Mr. Denby, Feb. 5, 1886, MS. Inst. China,
IV. 118.

See, also, Mr. Bayard, Sec. of State, to Mr. Cox, min. to Turkey, No. 69,
Jan. 9, 1886, MS. Inst. Turkey, IV. 366.

Communications between high civil and military officers of the Confederate States, preserved in the Confederate archives office of the War Department of the United States, or copies duly certified from that office, are competent evidence upon the question whether possession of a steamer belonging to a citizen of the United States was obtained by capture or by purchase.

Oakes v. United States (1897), 174 U. S. 778, 795.

The records of an executive department need not be produced in evidence in court, but their contents may be shown by authenticated copies.

Nock's Case, 2 Ct. Cl. 451.

"The practice of this Department is to require affidavits as prima facie proof of a claim before making any representations to the government alleged to be in default. So far, by the general practice of nations, the proceedings are ex parte. But if, after the claim has been presented, a commission is agreed upon for its adjudication, testimony in the usual form may be taken, both parties having an opportunity to be present and to examine and cross-examine witnesses. It is not usual, nor, in fact, would it be practicable, to give a foreign government notice that at a particular time depositions would be taken to sustain a claim to be made against it."

Mr. Bayard, Sec. of State, to Mr. Buck, min. to Peru, No. 33, Oct. 27, 1885,
For. Rel. 1885, 625.

II. PROSECUTION.

1. DISCRETION AS TO PRESENTATION.

§ 973.

In acknowledging the receipt of a letter of Sept. 12, 1854, setting forth" the origin of Col. Dennis' claim against Buenos Ayres," which claim had been commended by the Department of State to the "favorable attention" of the American minister, Mr. Marcy said: "You may not be aware that the Government of the United States does not feel called upon to interpose in behalf of every just claim held by its citizens against foreign nations. When individuals see proper to entrust their property to the safe-keeping of another government, it is to be supposed that they have satisfied themselves of the ability and intention of that government to restore that which may have been confided to it, and the deposit is accordingly made upon personal risk. This case, it is conceived, falls within the class of claims just described. From the statement and evidence submitted it is doubtless a meritorious one, but still wanting those elements which would entitle it to the official interposition of the representative of the United States."

Mr. Marcy, Sec. of State, to Mr. Egbert, Nov. 15, 1854, 43 MS. Dom. Let. 219.

The Department will not present to a foreign government claims for damages which, though based on a wrong actually done, are speculative and exorbitant in amount.

Mr. Marcy, Sec. of State, to Mr. Munro, Jan. 10, 1856, 45 MS. Dom. Let.

45.

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