A captain in the navy, as he represented to the envoy, is liable to prosecution for detention and damages.

This danger was increased by an order which had then lately been issued; by which, when a neutral ship was detained, a complete specification of her cargo was directed to be sent to the secretary of the Admiralty, and no legal process instituted against her till the pleasure of that board should be communicated.

This was requiring an impossibility.

The cargoes of ships detained upon this station, consisting chiefly of corn, would be spoiled long before the orders of the Admiralty could be known; and then, if they should happen to release the vessel, the owners would look to the captain for damages.

Even the only precaution which could be taken against this danger, involved another danger not less to be apprehended: for if the captain should direct the cargo to be taken out, the freight paid for, and the vessel released, the agent employed might prove fraudulent, and become bankrupt; and in that case the captain became responsible.