|by the law of nations,||the goods of an enemy in the ship of a friend may be taken|
|the goods of a friend in the ship of an enemy must be restored|
|contraband goods of a friend may be taken, because quoed hoc he departs frm neutrality|
by the custom of nations immemorial, the mode of decision is establd.
|viz.||the Admiralty court of the state to whom the captor belongs.|
|this court proceeds 1. by the law of nations. 2. on particular treaties.|
|the evdce must in the first instance come from of ship itself, viz. papers, persons.|
if a seisure be made without probable cause, the captor pays costs.
|if with probable cause, as||if the master & officers prevaricate||}the claimt does not recover costs, or he may pay costs, according to the different degrees of suspicion.|
|if proper ship papers be not on board|
|if double papers|
|if papers be thrown over board|
|if from the ship papers & persons the property is not evident, time may be given|
|if the property is evinced by evidce not on board the ship, the captor is justified in bringing her in, & pays no costs: perhaps he may recieve them as circumstances may be|
by the law of nations when two powers are at war, all ships may be stopped for examination
where judges are left free, & give sentence according to their conscience, though it should be erroneous, it is no ground for reprisal. on doubtful questions, different men think & judge differently, and all a friend can ask is that justice be as impartially administered to him as to the native citizens.
|to justify reprisals||the injury must be palpable, & in re minimi dubiâ|
|redress must be denied||by all the tribunals|
|&||by the prince himself.|
DLC: Papers of Thomas Jefferson.