Ostend, the vessel being owned by a merchant.
The master's excuse was that he was a pilot-boat cruising with a
number of pilots on board, and for this reason it was decided to give
him the benefit of the doubt and not detain him. But the frigate's
captain had noticed that before the lugger had hove-to during the
evening a part of the cargo had been thrown overboard. The following
morning, therefore, he proceeded on board a Revenue cutter, "went into
the track where the cargo was thrown overboard," and was able to find
just what he had expected, for he located and drew out of the sea no
fewer than 700 half-ankers of foreign spirits.

This precedent opened up an important question; for if a neutral
vessel, or indeed any craft similarly circumstanced as the above, were
to anchor off the English coast it was hardly possible to detect her
in running goods, as it seldom took more than an hour to land a whole
cargo, owing to the great assistance which was given from the people
on the shore. For, as it was officially pointed out, as soon as one of
these vessels was sighted 300 people could usually be relied on with
200 or more carts and waggons to render the necessary service.
Therefore the commanders of the cutters sought legal advice as to how
they should act on meeting with luggers and cutters without Admiralty
passes on the English coast but more or less protected with foreign
papers and sailing under foreign colours.

The matter was referred to the Attorney-General, who gave his opinion
that vessels were forfeitable only in the event of their being the
property in whole or part of his Majesty's subjects; but where the
crew of such a vessel appeared all to be English subjects, or at any
rate the greatest part of them, it was his opinion that there was a
sufficient reason for seizing the vessel if she was near the English
coast. She was then to be brought into port so that, if she could, she
might prove that she belonged wholly to foreigners. "A British
subject," continued the opinion, "being made a burgher of Ostend does
not thereby cease to be a subject. Vessels hovering within four
leagues of the British coast, with an illicit cargo, as that of this
vessel appears to have been, are forfeited whether they are the
property of Britons or foreigners."

It was not once but on various occasions that the Customs Board
expressed themselves as dissatisfied with the amount of success which
their cruisers had attained in respect