Page:United States Reports, Volume 1.djvu/504

Rh  meaning the Argo, was also a good prize. This observation, made at this period of the business, unanswerably shews, that he could not have seen the Betsey and Argo engaged ; for, it is not conceivable that he could be so grossly ignorant and stupid, as to fee two vessels engaged in battle, and, at the same time, suppose them to be both enemies.

With respect to the idea of the three captains having consulted what to do with the prize, it scarcely merits consideration. Grove, says, that he does not know on board which vessel the consultation took place ; in which he is contradicted by Davis who fays it was not on board any particular vessel, but that each captain continued on board his own. The truth, however, is, that there never was any consultation, and, in this, all the other witnesses agree.

The orders from the three captains to the prize master, and which are signed by Angus contain a direction to him to get, if possible, into Delaware, Egg-Harbour, or Cheʃapeak,  “ oƒ ƒear oƒ the sloop Argo's ƒalling in with you, if you go to New England. ”  From these expressions, it has been contended, that Angus was privy to the whole transaction; but I do not fee thing in hat point of view. It is possible that he signed the orders without considering attentively the meaning of the words, believing, at the fame time, that his comrades, who had made the necessary enquiries on board the Betsey, had their reasons for inserting them.  It is certain, that he though the Argo an enemy, and as such pursued her. He might, therefore, very naturally have supposed the other captains had reason to believe the Argo was bound to New-England ; and that on this account they had inserted those words in the orders.

What,then, is the nature and history of the present transaction? Three vessels, commissioned as Letters oƒ Marque and Reprisal, bring about to fail at the fame time from the port of Philadelphia, the owners of the Hibernia, give their captain orders to cruise with the other two. He does so ; and, the course of their united operations, he is deceived and mislead by them in such manner, as to concur with them in committing a trespass. Had Angusbeen directed, generally, to cruise, the cafe might have been different ; for, then every degree of confidence reposes in his associates, must have been at his own risque. But Angus, being expressly authorised to curise with the two other vessels then failing to the east, and act, or event, which was likely to happen on joint cruise by the three vessels, or things, was as much authorised, as the cruising itself was. Every thing usually done by persons jointly cruising, is implied in the authority to Angus to cruise with the others. The owners themselves have laid the foundation of the trust, or confidence, that he reposed in Prole and Thompson, and should therefore alone suffer. The conduct of Angus  seems to be clearly warranted by the rules and maxims that invariably govern the commanders of vessels, when they