No. 16.
Mr. Porter
to Mr. Lawton.
Department
of State,
Washington, September 8,
1887.
No. 5]
Sir: I inclose herewith for your information a copy
of a dispatch to this Department from Mr. von Versen, the American
vice-consul-general at Berlin, relative to the treaty recently concluded
between Austria and the German Empire in relation, to the right to sue in forma pauperis; also a copy of the Department’s
instruction to Mr. Pendleton, our minister at Berlin, in regard to the
subject, called out by Mr. von Versen’s suggestion as to the propriety of
negotiating a similar treaty between the United States and the German
Empire.
The question of how far foreigners can sue in forma
pauperis is determined by the lex fori,
which, under our Constitution, it is not within the province of the Federal
Government to settle by any general law. As a mere matter of practice,
however, it may be mentioned that there are, so far as this Department is
informed, no jurisdictions in the United States in which an alien, as such,
is precluded from suing in forma pauperis. In view of
the fact that such a convention is apparently necessary to give Germans in
Austria the right to sue in forma pauperis, you may,
as a matter of interest, inquire and report how far the privilege of so
suing is granted to American citizens bringing suit in Austria.
I am, etc.
James D. Porter,
Acting
Secretary.
[Inclosure 1 in No. 5.]
Mr. von Versen to
Mr. Porter.
United
States Consulate-General,
Berlin, August 6,
1887.
No. 274.]
Sir: It occurs frequently that either United
States citizens or subjects of the German States for lack of means are
unable to commence and prosecute lawsuits against parties domiciled on
the other side of the Atlantic, and this sometimes in lawsuits likely to
turn out in their favor.
Under the laws of the German States, persons whose poverty is proven by
certificates from the local authorities of their domicile, enjoy the
privilege to commence and prosecute lawsuits within Germany free-of
cost, and being dispensed with depositing court’s cost in advance.
This privilege has now been extended, by a convention concluded on the
9th day of May, 1886, and ratified this year, to the subjects of the
Austro-Hungarian Empire, and vice versa by
Austria-Hungary to the subjects of the several German States.
Considering the variety of relations between the United States and
Germany—hardly less numerous than those between the German and Austrian
States—it would, in my opinion, be of great benefit to many of our
citizens who have not the means to [Page 19] bring lawsuits in Germany (for instance with regard to estates left
by relatives) if a similar convention could be concluded between the
United States and the German Empire.
I am, etc.,
F. von Versen,
United States Vice-Consul
General.
(Inclosure 2 in No. 5.]
Mr. Bayard to Mr.
Pendleton.
Department of State,
Washington, August 30,
1887.
No. 249.]
Sir: I inclose herewith a copy of a dispatch to
this Department from Mr. von Versen, the American vice-consul at Berlin,
relative to the treaty recently concluded between the German Empire and
Austria-Hungary relative to the right to sue in forma
pauperis. In commenting upon that convention Mr. von Versen
suggests the propriety of negotiating a similar treaty between the
United States and the German Empire.
It is hardly necessary to say that the question of how far Germans can
sue in forma pauperis is determined by the lex fori, which, under our Constitution, it is
not within the province of the Federal Government to settle by any
general law. As a mere matter of practice, however, it may be mentioned
that there are, so far as this Department is informed, no jurisdictions
in the United States in which an alien as such, is precluded from suing
in forma pauperis. As a matter of interest
you may, in view of the communication herein inclosed, inquire and
report how far a similar privilege is granted to citizens of the United
States bringing suit in Germany.
I am, etc.,
