Because of his success fighting afloat for the Army, Congress commissioned Talbot a captain in the Continental Navy on September 17, 1779. However, since Congress had no suitable warship to entrust to him, Talbot put to sea in command of the privateer "General Washington". In it, he took one prize, but soon thereafter ran into the British fleet off New York. After a chase, he struck his colors to "Culloden", a 74-gun ship-of-the-line and remained a prisoner until exchanged for a British officer in December 1781.