84. As to the owners' objections, see Memorial of Penhallow et al., 20 Oct. 1783, 6 Jefferson, Papers, ed. Boyd
, 448, 450. They claimed that they had sought to obtain from England more evidence on the question of the insurance being paid, but the short notice had prevented them. Ibid.
Counsel at the hearing included “Mr. Rush” (doubtless Jacob, brother of Benjamin) and William Lewis for the appellants, and Jonathan D. Sergeant and Jared Ingersoll for the appellees. James Wilson argued also, presumably for the appellants, since he appeared last, following Ingersoll. It is difficult to determine his position from the very brief minutes, however. Principal reliance seems to have been placed on two authorities which indicate a specialized approach to the questions of prize: R. Lee, Treatise of Captures in War
(London, 1759); Emmerich de Vattel, Law of Nations
(London, 1760). See Minutes, 13 Sept. 1783, DNA
Microcopy 162, Case 30. No authorities appear in Paine's notes of the proceedings before the New Hampshire Superior Court, note 67
above. The jurisdictional argument was held on 11 Sept. 1783 and the case “put off,” apparently until the 13th, after the decision. See Minutes, 11 Sept. 1783, DNA
Microcopy 162, Reel 15.