Bushrod Washington

“ It is clear that some act should be done indicative of an intention to seize and to retain as prize; and it is always sufficient if such intention is fairly to be inferred from the conduct of the captor. Now in this case, the evidence of Very and of Wardwell, proving that captain Sheafe was distinctly informed that his ship would be sent in as prize, is corroborated by the written instructions to the former, which he delivered, on his arrival, to the prize agent, and by the journal of the privateer, both of which documents correspond with the evidence of those witnesses. ”

“ The former of these documents, written at the time when Very was appointed the prize-master as he states, imports a clear declaration of the intention of captain Odiorne, and having been deposited, with the prize agent immediately on the arrival of the Grotius, it cannot be presumed to have been fabricated to serve the purpose for which it is now used. ”

“ It was proper that this omission should be supplied by the captors, if it could be done, and that they should have an opportunity to fortify the evidence of Very, if in their power to do so. For these reasons the order for further proof, was extended as well to the captors as to the Claimants. ”