wise, in the right of a person or party insured as aforesaid, unless such claimant shall show to the satisfaction of the said court that during the late rebellion the sum of its or his losses, in respect to its or his war risks, exceeded the sum of its or his premiums or other gains upon or in respect to such war risks; and in case of any such allowance, the same shall not be greater than such excess of loss." 4. That no claim should be allowed "arising in favor of any insurance company not lawfully existing at the time of the loss under the laws of some one of the United States." 5. That no claim should be allowed "arising in favor of any person not entitled, at the time of his loss, to the protection of the United States in the premises." 6. That no claim should be allowed "arising in favor of any person who did not at all times during the late rebellion bear true allegiance to the United States." By section 13 of the act it was provided that, in estiAllowance of Interest. mating the compensation to be paid, interest at the rate of 4 per cent should in each case be allowed on "the amount of actual loss or damage" from such date as the court should decide that such loss or damage was sustained by the claimant; but it was also provided that the amount of such interest should not be included in or added to the amount for which judgment might be rendered on the claim, but that a report of the amount of such interest, certified under the seal of the court, should in each case accompany the report of judgment on the claim to the Secretary of State. As it was known by the dissenting opinion of Sir Alexander Cockburn that the tribunal of arbitration allowed 6 per cent in gold on the amount which it found to be due, the provision that the court should allow interest only at the rate of 4 per cent indicates on the part of Congress an expectation that the payment of the "direct claims" would consume the whole fund. In its general provisions the act kept well within the lines of the award. Claims were restricted to the cruisers inculpated by the award, and the exclusion of claims for unearned freights, gross freights, and certain other matters was based upon its provisions. Counsel Fees. In rendering its judgment it was provided that the court should, on motion of the attorney or counsel for the claimant, allow, out of the amount awarded, such fees as it should determine to be just and reasonable as compensation for the services rendered in prosecuting the claim, which allowance should be entered as part of the judgment in the case, and should be made specifically payable as part of the judgment; and for the sum so allowed the Secretary of the Treasury was directed to issue a warrant in favor of the person to whom the allowance was made. All other liens upon, or assignments, sales, or transfers in respect of any claim for services rendered before the judgment was awarded and the warrant issued, were declared to be null and void. ment of Judgments. The court was required to report a list of its several Certification and Pay- judgments and decisions to the Secretary of State, and it was provided that the Secretary of State should, upon the conclusion of the business of the court, transmit a copy of such list to the Secretary of the Treasury, who should pay the judgments, together with interest at 4 per cent from the date certified, to the persons in whose favor they were rendered, or to their legal representatives. But in case the sum of all the judgments, together with interest, should exceed the amount received into the Treasury as proceeds of the sum paid by Great Britain, it was made the duty of the Secretary of the Treasury to distribute the money among the claimants according to the proportions which their respective judgments should bear to the whole fund. The Secretary of the Treasury was directed to pay the judgment "out of any such money in the Treasury not otherwise appropriated," and for that purpose he was authorized to sell at public sale, at not less than par in coin, a sufficient amount of 5 per cent coupon or registered bonds, and from time to time, as the judgments were paid, to cancel the bonds mentioned in the act of March 3, 1873, to the amount of such payments. When all the payments were made, he was directed to cancel any such bonds as should remain; and if after the payment of the judgments and the reimbursement of the expenses of the court, any part of the money remained, it was provided that it should constitute a fund from which Congress might authorize the payment of other claims upon it. The salary of each of the judges was fixed at the rate Salaries of Officials. of $6,000 per annum; that of the clerk at the rate of $3,000, and that of the shorthand reporter at the rate of $2,500; and it was provided that the court should "be further allowed the necessary actual expenses of office rent, furniture, fuel, stationery, and printing, and other necessary incidental expenses, to be certified by the presiding judge of said court, and to be audited and paid on vouchers under the direction of the Secretary of State." The counsel on behalf of the United States was allowed "for his services and expenses such reasonable allowance in each claim as may be approved by the court, to be apportioned in each claim adjudicated, and paid from said award upon the certificate of one of the judges." June 24, 1874, the President nominated Hezekiah G. Personnel of the Court. Wells, of Michigan, as presiding judge, and Martin H. Ryerson, of New Jersey; Kenneth Rayner, of Mississippi; William A. Porter, of Pennsylvania, and Caleb Baldwin, of Iowa, as judges. These nominations were duly confirmed by the Senate. In the winter of 1874-75 Judge Ryerson resigned and soon afterward died. He was succeeded by Harvey Jewell, of Massachusetts, who was appointed February 26, 1875. Judge Baldwin died on the 15th of December 1876, but the vacancy created by his death was not filled. June 24, 1874, the President appointed John Davis, of Massachusetts, as clerk of the court, and the nomination was confirmed by the Senate. As counsel for the United States, the President, on the 22d of July 1874 designated John A. J. Creswell, of Maryland, formerly Postmaster-General of the United States. Alexander Sharp, marshal of the United States for the District of Columbia, discharged the duties of marshal of the court. R. W. C. Mitchell acted as shorthand reporter of the court from the time of its organization till its termination. In accordance with the provisions of the act of ConOrganization and Rules. gress, the judges met and organized the court at Washington on the 22d day of July 1874, and as there was no suitable place in the government buildings they held their sessions at 1514 H street NW. On the 24th of July they adopted rules and regulations, which, together with the notice of their next session, were duly published. The court then adjourned to Thursday the 1st of October, in order that claimants might file their memorials and prepare for trial. The rules adopted by the court were as follows: "RULES OF THE COURT OF COMMISSIONERS OF ALABAMA' CLAIMS. "I. The clerk of the court is directed to file of record all claims which may be transmitted to him, and to enter the same on the docket in the order of time in which they may be received. "Claims transmitted by mail may be addressed to John Davis, esq., clerk of the Court of Commissioners of Alabama Claims, Washington, D.C.' "II. All claims must be verified by the affidavit of the claimant, and filed in this court within six months from the 22d day of July 1874. "III. Every claim shall be stated in a petition addressed to the court, and signed by the claimant or his attorney. "The petition shall set forth "1st. The title of the case, with the full Christian names and surnames of all the claimants, the places and times of their birth, and the places of their residence between the 13th day of April 1861 and the 9th day of April 1865, both inclusive. If any of the claimants be naturalized citizens, an authenticated certificate of their naturalization shall be appended to the petition, and the petition shall also state whether the claimants, or any of them, have been naturalized in any other country than the United States; and if not so naturalized, whether any and what steps have been taken toward being so naturalized. "2d. A plain and concise statement of the facts and circumstances, giving place and date, free from argument, and stating all assignments and transfers, whether in whole or in part. "3d. The prayer, in which the claimant shall state distinctly the amount of the actual loss or damage for which he asks judgment, and the date from which he claims interest thereon. "The claimant shall also give the post-office address of himself and of his attorney; and may append to his petition, as exhibits, the instruments or documents to which it refers, but shall not insert the same in the body of the petition. Immediately upon the filing of any petition, fifty copies of the same and the accompanying documents shall be printed in octavo form, under the direction of the clerk, for the use of the court and counsel. "IV. Parties having a common interest, growing out of the destruction of the same vessel or its cargo, may unite in one petition for the recovery of their respective claims, which may be heard together, but separate judgments shall be rendered in the case of each claimant. "V. Any person of good moral character admitted to practice as attorney or counsel in the supreme court of any State or Territory or the District of Columbia, or in any of the Federal courts, on filing with the clerk a written statement of the date and place of such admission, with his name and post-office address in full, may, on motion, be admitted to practice in this court. "VI. It shall not be necessary for the United States to deny, specially, in writing, the validity of any claim; but a general denial of every claim shall be entered of record by the clerk as of course, and thereby every material allegation shall be considered as put in issue by the United States. "Objections as to the law of the case may be raised by the United States at any stage of the proceedings by demurrer, stating the grounds of such objections with reasonable certainty. com VII. Testimony to be used in this court may be taken before a con missioner empowered by any circuit or district court of the United States to take testimony, on a rule entered of record in this court for that purpose by either party in any pending case, provided twenty days' notice be given to the adverse party; but nothing herein contained shall prevent the taking of testimony before any other person, with the leave of this court, nor prevent counsel from accepting, by agreement in writing, a shorter notice than twenty days. "VIII. It shall be the duty of the counsel of the claimant, at least ten days before the day of hearing, to file with the clerk of the court fifty copies of a brief (printed in octavo form) of the argument in behalf of the claimant. "IX. Claims supported by printed or written testimony shall be first heard in the order in which they stand on the docket, unless otherwise specifically ordered by the court; and afterward those claims shall be heard in support of which the claimant may desire to introduce oral testi mony. "X. In cases where the amount claimed exceeds the sum of one thousand dollars, the claimant shall be at the expense of printing his own brief and testimony. In cases not exceeding that amount the printing shall be done, under the direction of the clerk of the court, at the expense of the United States. "XI. The time to be occupied in the oral arguments of counsel shall be regulated by the rule in force in the Supreme Court of the United States. XII. Whenever any deposition or document shall have been filed in any case before this court, either party to any other case may use such testimony on the hearing thereof: Provided, That the party so desiring to use such testimony in a case in which the same was not originally taken shall file a notice in the case in which such testimony is sought to be used five days before the hearing thereof of his intention so to do, specifying therein particularly the depositions or documents sought to be used and the case or cases in which the same were originally taken." Delay in Presentation of Claims. When the judges reconvened they found that, contrary to their expectations, very few cases were ready for trial, or had even been filed. Indeed, only 3 petitions were filed in July, 5 in August, and 64 in September, making in all only 72 when the court reassembled. It was not until October that the number largely increased, and 312 more petitions were filed in January 1875 alone than in the previous five months together. By the 22d of January, on which day the period for the presentation of petitions terminated, 1,382 claims had been filed, and of these 767 were filed during that month. The court remained very constantly in session during the winter of 1874-75, considering amendments to the rules, hearing extended arguments on points of law arising on demurrers, and deciding all claims presented for final hearing. In the preparation of cases however there was great delay, and in order to hasten the dispatch of business the court on the 26th of January 1875 passed an order by which it was directed that the clerk should enter on the trial docket, in their numerical order, all claims in which no decision had been rendered; that this docket should be called three times, but that a greater number than 50 cases should not be called in one day; that at each calling of the docket parties who had not previously been heard would have an opportunity to submit their proofs and arguments; and that on the third calling of the docket every claim should be disposed of by final judgment. On the first calling of the docket it was found that comparatively few claims were ready for final hearing, and the court, after deciding every case that was ready, adjourned until the 28th of April 1875, at the same time publishing an order to the effect that the second calling of the trial docket would be commenced on its reassembling, and that no case would then be passed without the assignment of a sufficient reason for so doing. Rules for Taking During the preceding session the court adopted rules to govern the taking of testimony. These rules, with certain explanations which it was afterward found nec essary to make, were as follows: "COURT OF COMMISSIONERS OF 'ALABAMA' CLAIMS, Washington, D. C., ——————, 1875. "SIR: I inclose herewith interrogatories and cross-interrogatories to be used in the examination of in the claim of against the United States, No. of "In the examination of this witness, you will be pleased to conform to the following rules. I am, sir, your obedient servant, "Clerk. "To esq., "RULES. "1. You will require the witness to hold up his right hand, and make solemn oath [or if he have conscientious scruples against taking an oath, to affirm] to tell the truth, the whole truth, and nothing but the truth relative to the matters now to be inquired of.' "2. You will allow no person to be present except the witness, unless it be needful for you to employ a third person to write down for you the witness's answers. "3. You will put each interrogatory, and write down in full the answer thereto, before proceeding to the next succeeding interrogatory. Endeavor to reduce to writing, so far as possible, the exact words of the witness. Should any alteration be necessary, note it over your initials, without making erasure or interlineation. "4. After the witness has fully answered all the interrogatories, and you have reduced his answers to writing, you will read over to him each question and his answer thereto, and permit him to make at the end of his deposition such correction as he may desire, and give reason for. He will then sign his deposition, as will you, with your full name and title. “5. You will begin the deposition as directed in the accompanying form "6. You will add to the deposition a certificate, as per accompanying form B. A. "7. Should it be necessary to adjourn the hearing, you will make a note of it in the deposition. "8. The sheets should be carefully connected, and the interrogatories which you receive with the deposition should be mailed to my address. "9. You will also sign your name at the bottom of each page of the deposition. "The deposition of "FORM A. claimant, vs. The United States, No. taken in the case of upon written interrogatories filed by the claimant, and cross-interrogatories filed by the United States, at before me, a duly appointed commissioner, on the -, 1875, to be used in the Court of Commissioners of day of Alabama Claims. "I, a commissioner duly appointed by the Court of Commissioners of Alabama Claims to take the testimony of be used in the case of court, do hereby certify that on the said to appear before me at the said to rs. The United States, before the said day of 187-, I caused the and permitted |