250 AVES ISLAND. 



fulfillment of an admitted obligation, for the enforcement of wliich no 

 other remedy exists except war. 



Cases of tort by a State are governed by the same rule, and so, also, 

 cases of tort by the individual subjects or citizens of a State without its 

 sanction or authority. Special reprisals should not be resorted to till 

 judicial remedies have been sought in vain, for it is only when such 

 remedies are withheld or denied that such State is responsible for the 

 acts of its individual members, though this rule does not apply in cases 

 Cff tort, even if criminal acts, when they are avowed by the State as 

 committed under its authority. (See authorities in the celebrated 

 McLeod case in New York.) 



VI. The doctrine that the claim for which "special reprisals" are 

 sought must be manifestly just and without doubt, is unquestionably 

 reasonable ; but this rule doth not apply, and cannot, in the nature of 

 things, be made to apply, in cases of tort, to the precise amount 

 claimed by the party injured, or to anything beyond the right to dam- 

 ages to some extent. Such damages are more or less uncertain in all 

 such cases, until final investigation and adjudication, and in such 

 cases where special reprisals are granted, as hereinafter is fully shown, 

 the delinquent State is fully protected in the judicial proceedings for 

 the trial and condemnation of the property seized under the letters, 

 and the ascertainment of the amount of damages justly due by judicial 

 authority_, and the resort to the caution with security exacted from the 

 claimants to respond in damages for any injury sustained in conse- 

 quence of an extravagant and unreasonable demand, or for any abuse 

 of the letters of reprisal. The ordinary rule in England is, to receive 

 '^the oath of the party injured, or other sufficient proof touching the 

 pretended injury, and of the certain loss and damage thereby sus- 

 tained." (See 1 MoUoy, c. 2, § 6; Viner's Abr., 17, &c.) If the cir- 

 cumstances be of a corroborating character, the oath of the party is 

 (\.Q&m.e(S. prima facie true, and it is held will justify the granting of the 

 letters of request, and even the issuance of the letters of reprisal, 

 which rests in the discretion of the king. 



(See, also, Yalin Comm on Art. 1 and 5 of Tit. X. of Ord. of 1731, 

 (before cited,) as to preliminary proof of wrong, &c., page 414, &c.) 



It seems by the i^recedent in Molloy of the letters of special reprisal 

 granted to Turner et al., that without any express statute directing or 

 authorizing it, a preliminary reference was had to the admiralty 

 court to assess the damages. 



In this case, we have furnished the testimony of several competent 

 disinterested witnesses, and also documentary proofs of the act of 

 violence, and of the damages also. 



VII. The lettre de requite is the incipient step to letters of special 

 reprisal. Forms are to be found in the ancient English registers, in 

 E. N. B., in Kymer, and other books of historical and legal docu- 

 ments, and are referred to by modern English legal authors. Ordi- 

 narily they state merely the circumstances of the case and request that 

 justice be done, and designate a reasonable time, according to circum- 

 stances, for reparation to be made, or for the answer of the State com- 

 plained of to be given, and formerly the proofs were not usually com- 

 municated with such letter. Indeed no recorded case can be referred 



