The Case of the Grotius

     This case differs in no material respect from that of the Joseph, Just decided, except that in this, a question arises as to the validity of the Capture. The master of the Grotius, in answer to the 2d Standing interrogatory, swears that he hath never considered the Ship to have been taken or seized as prize. That he was present when an armed Schooner under English colours met with her, the Commander of which represented her to be a British privateer called the Bream, and requested him to take on board a man & treat him as a gentleman until he arrived in the U.S., to which he consented. This testimony of the Captain is confirmed by Gilman, the mate, in answer to the 2d & 3d Interrogatories, who adds, that Very, the man who was put on board, never conducted as prize master, nor in any other manner than a passenger would, during the voyage. Pierce, one of the Seamen who accompanied the Captain on board the Schooner, swears that he never knew the Ship was seized as prize, until after her arrival within the Boston Light-house. Chambers, another Seaman belonging to the Grotius, in answer to the 3d Interrogatory, says that she was met by an armed Schooner under English Colours, which obliged the mate of the Ship to go on board her, & afterwards sent him back with a man who, on the next day, declared himself to be put on board as prize master, saying that if they should fall in with a french vessel, he should be obliged to show his Commission. That he knows not upon what pretence or for what reason she was taken, not knowing, in fact, that she was made prize of, until her arrival at Boston.

     Daniel J. Very, the alleged prize master, has deposed, on Oath, that he was present at the Capture of the Grotius by the Frolic; that the Captain of the Ship was ordered on board the Schooner with his papers; & that he, Very, was directed by his Commander to go on board as prize master, & this in the presence of the Captain of the Grotius; that the master of the Ship was to keep possession of the papers, & to navigate her into port: That he accordingly went on board as prize master, carrying with him a Copy of the Commission of the Frolic, & instructions, in writing, from the Commander to him (Very) as prize master. That the Captain of the Grotius informed his Crew that in case a British Cruiser should board the Grotius, and they should be asked respecting the said Very, they were to answer that he was a passenger.¹

     Without giving any opinion as to the regularity of admitting the affidavit of the Prize Master as a part of the preparatory Evidence, the Court is of opinion that the facts necessary for deciding upon the validity of the Capture, are not sufficiently clear; and that it will be proper to make an order for further proof, to be furnished by the Captors and the claimants, with respect to all the Circumstances of the Capture.

     This point appears not to have been made or considered in the Court before.