Joseph Story

“ While the government of the country shall choose to authorize the employment of privateers in its public wars, with the knowledge that such employment cannot be exempt from occasional irregularities and improper conduct, it cannot be the duty of courts of justice to defeat the policy of the government, by burthening the service with a responsibility beyond what justice requires, with a responsibility for unliquidated damages, resting in mere discretion, and intended to punish offenders. ”

“ The item for the supercargo's commission was also properly rejected. It does not appear, with certainty, to what sum he was entitled; and under the circumstances, if lost, (which is not satisfactorily shown,) the commissions were not lost by any act for which the respondents are liable. The sum allowed for the travel, attendence, and expenses of the supercargo in procuring testimony, by the circuit court, is, in our judgment, an adequate compensation.
The sum of 44 dollars was (probably by mistake) deducted by the circuit court from the expenses at Antigua. This sum is to be reinstated. ”

“ Unless, therefore, the sale of the corn was compelled at Antigua, solely by the misconduct of the privateer, (which, in our opinion, was the case,) the claim for such loss cannot be sustained.
Another item is 3,500 dollars, for the loss of the supposed profits of the voyage on which the Amiable Nancy was originally bound. In the opinion of the court, this item also was properly rejected. The probable or possible benefits of a voyage, as yet in fieri, can never afford a safe rule by which to estimate damages in cases of a marine trespass. ”