“This action was brought on two policies of insurance, dated March and May 1806, on the ship Romulus, and on her freight, both valued: the former at and from New-York to Havana, and back again to New-York (a). On her return she was captured by a British privateer, the captain of which assigned, as the cause of the capture, that war was either declared, or would soon take place, between Great Britain and the United States. All the hands were taken out of the Romulus, but the captain, the mate, and a boy; who, under a prize-master and hands, were sent to Halifax. On the passage to Halifax, the captain of the Romulus, whose all was on board, as he stated, and apprehending its loss and his imprisonment, and the injury which a loss of the property would produce to his owners; concerted, with the mate and the boy, a plan to retake the vessel. The attempt was made, and after a warm contest was given up. The vessel and cargo were carried in, libelled as enemy’s property, and condemned as good and lawful prize. The plaintiff, as soon as he heard of the capture, made a regular abandonment, which was refused by the underwriters.”