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 See Mr. Evarts, Sec. of State, to Mr. Ketcham, Feb. 23, 1881, 136 MS. "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." 66 Mr. Seward, Acting Sec. of State, to Mr. Zamacona, Aug. 20, 1879, MS. As to the power of officers of the United States, where it is made their 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, 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, 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. "It may be here observed that this Government exercises a broad discretion in determining what claims it will diplomatically present against other nations. It has not lent, and will not lend, its influence in favor of fraudulent claims. And when in behalf of an individual this Government demands of another power payment of money, it should not close its doors against an investigation into the question whether the apparent title of the claimant to the money is valid, or, because of his own fraud, is void. Were the case reversed this Government would contend for that right. Any other doctrine must impair the dignity and imperil the rights of those who have honestly obtained American citizenship." Mr. Frelinghuysen, Sec. of State, to Mr. Suydam, Sept. 25, 1882, cited in report of Mr. Bayard, Sec. of State, to the President, on the case of Antonio Pelletier, Jan. 20, 1887, For. Rel. 1887, 606. "The claims presented to the French commission are not private claims but governmental claims, growing out of injuries to private citizens or their property, inflicted by the government against which they are presented. As between the United States and the citizens, the claim may be in some sense regarded as private; but when the claim is taken up and passed diplomatically, it is as against the foreign government a national claim. "Over such claims the prosecuting government has full control; it may, as a matter of pure right, refuse to present them at all; it may surrender them or compromise them without consulting the claimants. Several instances where this has been done will occur to you, notably the case of the so-called French spoliation claims. The rights of the citizens for diplomatic redress are as against his own, not the foreign government." Mr. Frelinghuysen, Sec. of State, to Messrs. Mullan & King, Feb. 11, 1884, quoted in the report of Mr. Bayard, Sec. of State, to the President, on the case of Antonio Pelletier, Jan. 20, 1887, For. Rel. 1887, 607. Where a citizen applies to his government to press his claim against a foreign power, he does so subject to the wise and judicious discretion which a nation has a right to exercise in determining its duty to itself, the citizen, and the foreign power. United States v. La Abra Silver Min. Co., 29 Ct. Cl. 432. Although it may have been a rule of an executive department to construe an act of Congress relating to claims in a particular manner, yet when Congress has afterwards expressed an opinion in conflict with that of the Department, such action of Congress has been consid ered as in the nature of a legislative interpretation, which becoming courtesy to the legislative department requires the Executive to observe. Johnson, At. Gen., 1849, 5 Op. 83. 2. OBSTACLES TO PRESENTATION. (1) OBJECTIONS BASED ON PUBLIC POLICY. $974. Diplomatic aid will not be rendered to press on a foreign government a claim which is based on an act against public policy. Mr. Seward, Sec. of State, to Mr. Whitney, July 24, 1868, 79 MS. Dom. In February, 1880, James C. Jewett, a citizen of the United States, filed with the Department of State a claim against the Government of Brazil, based upon alleged discoveries of phosphate deposits on the islands of Fernando de Noronha, belonging to Brazil. With the claim there were submitted copies of certain correspondence of Mr. Jewett with officials of the Brazilian Government, which correspondence was averred by Mr. Jewett to constitute a concession to him of a right to excavate and remove the mineral deposits in question. It appeared that on December 15, 1879, the Brazilian legation at Washington formally notified the Department of State that Mr. Jewett had no concession and protested against any claim which he might make in that regard. November 3, 1880, the examiner of claims of the Department of State reported adversely upon Mr. Jewett's claim. February 9, 1881, he made a second adverse report; and on the 5th of the following month Mr. Evarts informed Mr. Jewett that his claim was not considered to be of an international character, and could not be officially prosecuted. On August 8, 1881, instructions of a different tenor were sent by Mr. Blaine to the American minister at Rio de Janeiro, but the claim does not appear to have been pressed by Mr. Frelinghuysen, Mr. Blaine's successor. In April, 1886, Mr. Jewett sought to revive his case, but on June 24 Mr. Bayard, who was then Secretary of State, wrote him as follows: "With every desire to protect the interests and promote the just claims of American citizens in foreign lands, I do not feel justified in lending the countenance or aid of the United States officials to such demands as are set forth in your statement of claims against the Government of Brazil. . . . This claim is asserted for the egregious sum of $50,525,000, and when its alleged basis is examined in the ex parte statements, affidavits, and letters presented by you and on your behalf, the disproportion between any possible loss incurred by you and the |