morning of
April 6, John Crew, captain of the New York privateer _Fox_, came
aboard from a small boat with a few men, and took possession. Later,
the snow was taken over by the _Sutherland_ man-of-war. Thus, the _Bon
Rencontre_ was without doubt a captured enemy vessel, but the captors
had not been authorized privateers, and the authorized privateer and
the king's ship had not made the capture. Under these circumstances
the admiralty judge, Lewis Morris, ordered the marshal to take custody
of the snow, and appointed Benjamin Nicoll and William Smith, jr., the
writer of this letter (see doc. no. 188, note 13), to be advocates for
the Lords of the Admiralty, whose interests seemed to him to be
involved. Thus there were four parties claiming--the original captors,
Crew, the King, and the Admiralty. April 7 the snow was libelled on
behalf of the Admiralty. Later, Etherington withdrew and Crew's claim
was ruled out, but as between the King and the Admiralty Judge Lewis
Morris gave no decision before his death in 1762. His successor, Judge
Richard Morris, gave judgment Aug. 10, 1764, but it has not been
preserved.]

[Footnote 3: 200 hogsheads, says the _New York Gazette_ of Apr. 11;
the _Gazette_ of June 27, by the way, enumerates 23 privateers then in
New York harbor.]

After her Arrival in Port, she was seized first by a Privateer, and
then by the _Southerland_ Man of War, who both claim her as their
Property respectively.

Colonel Morris, the Judge of the Vice-Admiralty, apprehending that the
Lords of the Admiralty might be interested, issued a Warrant, by which
the Snow was taken into the Custody of the Marshal of that Court; and
as their Lordships have as yet appointed neither Proctor nor Advocate
in this, and the Colonies of Connecticut and New Jersey, his Honour
the Commissary was pleased on this Occasion to assign Council (as you
will perceive by the inclosed) to examine into the Affair, and
prosecute on their Lordships Behalf.

We have accordingly interposed a Libel for that Purpose, and let me
beg the Favour of you, to wait upon their Lordships, for an authentic
Copy of their Patent, and such Information, as may be thought proper
to be transmitted.

Whether their Lordships, in Case of a Sentence in their Favour, will
be pleased to consider the Captors, or chuse rather to reserve the
Prize to themselves, I conceive it will be necessary, that a proper
Power be sent over; of which you will be so good as to put