AVES ISLAND. 241 



5. Such a remedy may be rightly adopted by a State in behalf of its 

 citizens or subjects, whether the injury complained of be the withhold- 

 ing of a just debt to its citizens or subjects, or the denial or unreason- 

 able delay of justice to such citizens or subjects of the State against 

 which it is used, to the persons or the property of the citizens or sub- 

 jects of the State adopting such remedy. 



6. Such remedy should not be used in a questionable case; a claim 

 should not only be manifestly just, in res oninime duhia, but there must 

 be a clear and open delay of justice or denial of right. 



7. The claim should be fully presented to the State complained of 

 by the State alleging the wrong, and a request made that justice be 

 done, and a reasonable time allowed, according to the circumstances, 

 for the reparation of the alleged wrong, or for the answer of such State 

 to the demand made. 



8. If the complaint be the unreasonable delayer denial of justice 

 in relation to a debt, all the legal remedies allowed to the claimant 

 must be sought by such claimant before the application to his govern- 

 ment for reprisal ; and it must be shown that such debt is certainly 

 and manifestly due. 



9. If the demand be for damages sustained by violence done to the 

 persons or property of a citizen or subject of the complaining State by 

 the authorities or citizens or subjects of another State, the claimant 

 must produce full proof to his own State of all the circumstances of the 

 case, and of the wrongs and injuries sustained and damages incurred, 

 which ought to be forthwith submitted to the State complained of, in 

 order that it may adduce rebutting or explanatory evidence ; and that 

 if the authorities of the complaining State, after a careful and impar- 

 tial consideration of all said testimony, still regard the case as one to 

 be prosecuted by special letters of reprisal, they should, by such pro- 

 cess as may be devised to attain an enlightened, impartial, and just 

 decision, (of a judicial character, if practicable,) ascertain and adjudge 

 the amount justly due, and the character and extent of the satisfaction 

 to be required, and forthwith notify the State complained of thereof; 

 and that if, within a designated reasonable time, it still refuses or 

 fails to do justice, the complaining State, on such continued refusal or 

 failure, after such time, may issue special letters of reprisal against 

 the property of such delinquent State, and against the property of the 

 citizens or subjects, in order to obtain satisfaction for such injuries. 



10. Special letters of reprisal are in the nature of a national 

 distress-ivarrant, and authorize the seizure and detention of the prop- 

 erty of the citizens or subjects of the delinquent State, as well of the 

 property of such State itself, to be brought in and detained as a jiledge, 

 and disposed of under judicial sanction, and the proceeds to be first 

 applied to the payment of the reasonable expenses incurred thereby, 

 and next to the satisfaction of the claim, and the surplus to be returned 

 to the State complained of. 



11. The State granting such special letters of reprisal may issue 

 them to those of its citizens or subjects who claim redress, upon such 

 conditions and restrictions as it may deem proper to prevent the un- 

 lawful use thereof; and it should in all cases exact a caution and 



Ex. Doc. 10 16 



