MISCKLLANKOUS CLAIMS. 101. 



would novor dream of willidniAving from the courts 

 of law to make the alleged injury a sul>ject of claim 

 against liis Government. And it would greatly tend 

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

 if treaty stipulations were entered into in order to di- 

 minish the extent and I'estrain the frecpiency 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 tlie claims of its citi- 

 zens airainst foreiij-n Governments, in matters where 

 the party aggrieved, if aggrieved, has ample means of 

 redress before the tribunals, and where liis grievance 

 does not in the slii^i-litest deii:ree affect the honor of his 

 own (Jovei'nment. 



These observations aj)j)ly especially to incidents 

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

 willful injury, done by any Government to foreigners 

 sojourning under its ti'eaty ])rotection, are fi!W in 

 number compared with the injuiies done to its own 

 snbjects or citizens, l)y 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 cithfu- 

 ship in his own country, seeks to force his Govern- 

 ment to interj)ose in his behalf, so as to obtain for him 

 sunnnary redress by diplomatic means in disregard 

 of the local law. 



Meanwliile, in times of war, the resident or sojoui-n- 

 ing foreigner is still more solicitous to be exempt from 

 those ordinary consequences of militaiy operations to 



