Thomas Jefferson Papers
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https://founders.archives.gov/documents/Jefferson/01-45-02-0035

From Thomas Jefferson to James Madison, 18 November 1804

To James Madison

Nov. 18. 04.

Th:J. to J.M.

I send you 2. sheets of my common place, because on the 5. last pages of them are my abridgments of certain Admiralty cases interesting to us, with some observations;1 it will be well that we mutually understand how far we go together, & what consequently we may propose with joint satisfaction. I think the English practice of not requiring a prize to be hazarded further than to the nearest neutral port is so much for the interest of all weak nations that we ought to strengthen it by our example, & prevent that change of practice which Sr. W. Scott seems to be aiming at; evidently swayed by considerations of the interest of his nation.

PoC (DLC). Enclosure: excerpt from TJ’s legal commonplace book, consisting of entries 881 through 903; entries take material from Livy, History of Rome, 25.1, and some legal reports of William Blackstone, James Burrow, and Christopher Robinson (MS in DLC: TJ Papers, ser. 5; LECB description begins David Thomas Konig and Michael P. Zuckert, eds., Jefferson’s Legal Commonplace Book, Princeton, 2019, The Papers of Thomas Jefferson, Second Series description ends , 587-600).

abridgments of certain Admiralty cases: TJ began entry 901 of his legal commonplace book with an abstract of James Burrow’s report on Goss v. Withers, an insurance case argued in 1758 in which Lord Mansfield reviewed different opinions on the international law related to the recapture of ships and cargoes seized during war. Continuing in that entry and extending through the next two, TJ shifted attention to the cases of the Henrick and Maria, the Christopher, and the Flad Oyen, all from the admiralty reports of Christopher Robinson. The three cases related to the validity of condemnations of prizes in neutral or allied ports. In lengthy observations that he appended to his abstract of the Henrick and Maria report, TJ pointed out that Great Britain’s superiority on the sea allowed it to follow older maritime procedures under which condemnation could take place only in the court of a belligerent or ally. Judge William Scott stated a preference for this older understanding of prize law but ruled that current practices and several judicial precedents prevented him from so ruling in this case (James Burrow, Reports of Cases Adjudged in the Court of King’s Bench since the Time of Lord Mansfield’s Coming to Preside in It, 5 vols. [London, 1766-80], 2:683-98; Christopher Robinson, Reports of Cases Argued and Determined in the High Court of Admiralty, 6 vols. [London, 1799-1808], 1:135-46; 2:[209]-10; 4:43-63).

1TJ here canceled “because.”

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