They were ordered to hoist their proper flag, and depart within 48 hours; but they refused to obey, denying that they were Americans.

Some of their crews were then examined in Nelson's cabin, where the Judge of Admiralty happened to be present.

The case was plain; they confessed that they were Americans, and that the ships, hull and cargo, were wholly American property; upon which he seized them.
This raised a storm: the planters, the custom-house, and the governor, were all against him.

Subscriptions were opened, and presently filled, for the purpose of carrying on the cause in behalf of the American captains; and the admiral, whose flag was at that time in the roads, stood neutral.

But the Americans and their abettors were not content with defensive law.