There was delay in sailing owing to a shortness of crew and the inability to procure recruits. In the meantime Captain Barry was, on November 10, 1780, appointed, by the Navy Board of the Eastern Department, President of a Court-Martial, together with Captains Hoystead Hucker, Samuel Nicholson and Henry Johnson, Lieutenants Silas Devol, Patrick Fletcher, Nicholas E. Gardner and Samuel Pritchard, Lieutenant of Marine, to meet on November 21st to try Lieutenant James Degges to determine whether he was justified in revolting against the authority of Captain Landais of the "Alliance" and usurping command on the voyage from France. A Court-Martial was also held for the trial of Captain Landais, and he was dismissed the service. There is much interesting history connected with these trials, but they do not properly enter into this recital further than to say that Captain Landais' erratic conduct in command of the "Alliance" was due to mental deficiencies as was afterwards generally acknowledged. These became so manifest in the voyage to America that the officers took the command from him. On February 2, 1781, so impatient at the delay had become Colonel Laurens that, as all other resources had failed, he applied to General Benjamin Lincoln to allow recruits for the army fitted for marine service to be engaged and nowhere so advantageously employed. Patrick Sheridan, an enlisted soldier of Boston, is one known to have been given leave to join the "Alliance." On February 11, 1781, the "Alliance" sailed from Boston with Colonel Laurens, Thomas Paine, Comte de Noailles, brother-in-law of Lafayette and other celebrities. On the way to France the "Alliance" captured, on March 4th, the British cruiser "Alert," which had possession of the "La Buonia Compagnia," a Venetian ship which, "contrary to the Laws of Nations and every principle of justice" had been seized by the British cruiser called the "Alert" from Glasgow, Francis Russell commander, by whom the Venetian crew were put in irons and otherwise cruelly treated. Captain Barry released the Venetian "out of respect for the Laws of Nations and the rights of neutrality." Colonel Laurens in reporting to Congress, from L'Orient, March 11, 1781, where the "Alliance" had arrived two days before, related the action of Captain Barry, whereupon on June 26th it was resolved that Congress approve of Captain Barry's conduct in releasing the ship belonging to the Republic of Venice, retaken by him from a British privateer on March 4th last, it being the determination always to pay the utmost respect to the rights of neutral commerce. The Venetian Senate also expressed to Franklin, our Ambassador at Paris, through the Ambassador of Venice, their "grateful sense of the friendly behavior of Captain Barry, commander of the 'Alliance,' in rescuing one of the ships of their State from an English privateer and setting her at liberty."