T

among the countries with which it holds friendly relations, and
especially among the republics of the American continents whose
systems of government rest upon a common basis, and whose material
interests are intimate and interdependent. It has taken several
favorable opportunities to advocate the resort to arbitration in settle-
ment of difficulties not adjustable in the ordinary channels of inter-
course, and has itself set an example by recurring to this humane and
intelligent international forum. In one notable instance its counsels
and offices were lent to bring about the arbitration of a boundary
dispute between a Spanish-American state and a European power,
doing so in furtherance of the national policy announced nearly
eighty years ago."

Mr. Hay, Sec. of State, to Mr. Vicuna, Chilean min., No. 40, Jan. 3, 1901,
MS. Notes to Chile, VII. 79.

See, to the same effect, Mr. Hay, Sec. of State, to Mr. Guachalla, Bolivian

min., Dec. 11, 1900, MS. Notes to Bolivia, I. 208.

§ 975.

(1) Objections based on public policy. § 974.
(2) Loss of right to national protection.
(3) Censurable conduct of claimant. § 976.
(4) Question of unneutral transaction. § 977.
3. Discretion as to time and manner of pressure.

III. CONDITIONS OF INTERVENTION.

1. Citizenship, as a rule, essential. § 979.

3. Naturalization not retroactive. § 981.

§ 978.

2. Declaration of intention insufficient. § 980.

4. Right of interposition not assignable. § 982.
5. Nor derivable from partnership association.
6. Corporations.

§ 983.

(1) Interposition in behalf of the corporation. § 984.
(2) Interposition in behalf of security holders. § 985.

IV. GROUNDS OF INTERVENTION.

1. Denial of justice. § 986.

2. Local remedies must, as a rule, be exhausted.

3. Local remedies need not be exhausted.

(1) Where justice is wanting. § 988.

§ 987.

(2) Where they have been superseded. § 989.

(3) Where they are insufficient. § 990.

4. Unjust judgments not internationally binding. § 991.

5. Unjust discriminations. § 992.

6. Claims to land.

(1) Titles exclusively determinable by lex rei sitæ. $993.
(2) Denial of justice may afford ground for intervention.
$ 994.

7. Contract claims.

(1) Not as a rule officially presented. $ 995.

(2) Exception where diplomacy is the only method of redress. § 996.

(3) Confiscatory breaches of contract.

§ 997.

V. ACTS OF AUTHORITIES.

1. Who may be considered as authorities."
2. Responsibility for their acts.

§ 998.

(1) Within scope of agency. § 999.
(2) Outside scope of agency. § 1000.

(3) Exaction of redress for outrages. § 1001.

605

V. ACTS OF AUTHORITIES-Continued.

3. Judicial authorities. § 1002.
4. Santiary measures. § 1003.

5. Tariff changes. § 1004.

6. Debasement of the currency.

§ 1005.

7. Patents and inventions. § 1006.

8. "Unclaimed estates" claims. § 1007.

9. Liability for torts of public ships. § 1008.

10. Acts of soldiers. § 1009.

VI. ARREST AND IMPRISONMENT.

1. Indemnity not demanded where proceedings are regular. § 1010.

2. Reparation for false or irregular arrest. § 1011.

3. Wrongful arrest, and maltreatment. § 1012.
4. Imprisonment in violation of treaty right. § 1013.
5. Enforced labor in case of persons accused.

6. Detention of witnesses.

7. Martial law. § 1016.

§ 1015.

8. Protocol with Spain, 1877. § 1017.

VII. EXPULSION. § 1018.

VIII. ACTS OF PRIVATE PERSONS.

1. Governments as a rule not liable.

§ 1019.

2. Liability may result from negligence. § 1020.
3. Brigandage. § 1021.

IX. MOB VIOLENCE.

§ 1014

§ 1023.

§ 1024.

1. Destruction of French privateers, 1811. $ 1022.
2. Riots at New Orleans and Key West, 1851.
3. Panama riot, 1856; Fortune Bay case, 1878.
4. Attacks on Chinese at Rock Springs, and elsewhere.
5. Lynching of Italians at New Orleans, and elsewhere.
New Orleans, 1891; Colorado, 1895; Hahnville, La., 1896; Tallu-

lah, La., 1899; Erwin, Miss., 1901.

6. Case of Bain, and other cases. § 1027.
Bain's case; cases of Moreno and Suaste.

7. Case of Don Pacifico. § 1028.

8. Case of U. S. S. Baltimore, and other cases.

§ 1029.

§ 1025.

§ 1026.

Baltimore case; case of Alfonso XII.; Caroline Islands case.

9. Cases in Turkey. § 1030.

10. Killing of rioters by authorities.

X. CLAIMS BASED ON WAR.

§ 1031.

1. Indemnity not usually allowed on account of operations of war.

§ 1032.

2. Nor seizing resources of the enemy.

§ 1033.

3. Compensation for property taken for belligerent use.

4. Claims for embargoes. § 1035.

5. Forced loans. § 1036.

6. Damages for wanton or unlawful acts.

7. Question of reconcentration. § 1038.

§ 1037.

8. Question as to compensation for cable cutting. § 1039.

XI. BOMBARDMENTS.

1. Greytown. § 1040.

$ 1034.

2. Denials of liability. § 1045.

3. Assertions of liability; grants of compensation.
4. Indemnity for acts of successful revolutionists.

5. Payment of duties to insurgents. § 1048.

XIII. NEUTRAL RIGHTS AND DUTIES.

1. Violation of neutral rights. § 1049.

2. Failure to perform neutral duties. § 1050.

§ 1046.

§ 1047.

§ 1054.

A citizen of one nation, wronged by the conduct of another nation, must seek redress through his own government. His government must assume the responsibility of presenting his claim, or it need not be considered.

United States v. Diekelman, 92 U. S. 520.

The claim of an alien, when presented to the Department of State, must come through the diplomatic representative of the country to which he belongs.

Mr. Seward, Sec. of State, to Mr. Fentenheim, Sept. 23, 1868, 79 MS. Dom. Let. 348; Mr. Fish, Sec. of State, to Messrs. Coudert Bros., April 21, 1869, 81 MS. Dom. Let. 5; Mr. Frelinghuysen, Sec. of State, to Mr. Sypher. April 3, 1883, 146 MS. Dom. Let. 326; Mr. Frelinghuysen, Sec. of State, to Mr. Hildrup, July 2, 1884, 151 MS. Dom. Let. 559.

"In reply to your telegram stating that claims are presented by French citizens and other aliens through Congress to the Committee

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.