MISCELLANEOUS CLAIMS. 191 



would never dream of withdrawing from the courts 

 of law to make the alleged injury a subject of claim 

 against his Government. And it would greatly tend 

 to the harmony of States and the peace of the world, 

 if treaty stipulations were entered into in order to di 

 minish the extent and restrain the frequency of such 

 private claims on foreign Governments. 



In the present condition of things, every Govern 

 ment is forced by private importunity into becoming 

 too often the mere attorney of the claims of its citi 

 zens against foreign Governments, in matters where 

 the party aggrieved, if aggrieved, has ample means of 

 redress before the tribunals, and where his grievance 

 does not in the slightest degree affect the honor of his 

 own Government. 



These observations apply especially to incidents 

 occurring in times of peace, in which times the acts of 

 willful injury, done by any Government to foreigners 

 sojourning under its treaty protection, are few in 

 number compared with the injuries done to its own 

 subjects or citizens, by any, the best administered 

 Government either of Europe or America. On such 

 occasions, the injured party not seldom exaggerates 

 his case, and, by appeals to the sentiment of citizen 

 ship in his own country, seeks to force his Govern 

 ment to interpose in his behalf, so as to obtain for him 

 summary redress by diplomatic .means in disregard 

 of the local law. 



Meanwhile, in times of war, the resident or sojourn- 



. ing foreigner is still more solicitous to be exempt from 



&quot;those ordinary consequences of military operations to 



