After this melancholy recital, we walked across to get a little chat

with the prisoner so recently captured. He is a superior man, and spoke

of the loss of his ship in the spirit of a philosopher. He was leaning

against a rail just opposite the cabin. "What can't be cured must be

endured," said he. In answer to our remark, that an hour more would have

saved him, he said, "Yes, it would; I had not the remotest idea of a

capture at this end of the world. I never supposed that she was in this

direction. I was in my cabin, washing," said he, "and my mate came down

and said there was a steamer in sight. 'Capital!' I said; 'it is the

English mail-steamer; I shall be just in time for my letters.' He went

up again, and shortly returning, said, 'She is going to hail us.' 'Hail

us!' I said; 'what the deuce can she want to hail us for?' and I went on

deck. I looked at that (pointing to the Confederate flag), and I soon

saw who we were falling into the hands of. I said, 'Good-bye, mate; we

shall not be long here.' This, sir," he went on to say, "is the second

time I have been captured coming to the Cape. I left New York in the

M.J. Calcon, and was captured by the Florida in 33° West and between 28°

and 29° North. I went home all right, and left New York again on the

28th of May, direct for the Cape." This gentleman's name is Mr. H.

Spaling.

The next we had an opportunity of conversing with was the chief officer.

This gentleman who, by the way, stands six feet four out of his shoes,

showed us round the ship with just pride. He pointed out to us the

peculiar qualities of the magnificent guns. One of Blakeley's rifle

pieces is a terrible-looking weapon. It throws conical shells of a

hundred weight; and he remarked, "When we fought the Hatteras, these

conical shells struck one after the other in capital style; they

exploded with magnificent effect, and lit up her whole broadside." Many

of the captured crew we observed in irons.

We were now introduced to Capt. Semmes, who up to this time had been

engaged in the cabin with Mr. W.J. Anderson, of Anderson, Saxon, and

Co., upon the subject of supplies, which are to be provided by the firm.

We received a very cordial greeting from the gallant gentleman, who

remarked that at Bahia, and indeed everywhere he had been, both his

officers and himself had received very great attention from the English

residents. We had always concluded that Captain Semmes, of the

Powhattan, a fine steamer belonging to the States, to whom we were

introduced some years since by the late Mr. D.M. Huckins, American

Consul, was the captain of the Sumter and Alabama; but we found we were

mistaken, and on remarking this to the captain, he said, "Captain Semmes

of the Powhattan is of the same family as myself--he is, indeed, my

cousin; but he was born in the North, his interests are all there, and

he remains in the Federal service." Having desired us to take a seat, he

said he should be happy to give us any information in his power; he had

no secrets, and bade us take notes if we wished so to do. He then

informed us that he had taken fifteen ships since he left Bahia. We told

him that Captain Bartlett, of the ship Fortuna, stated that on the 2d of

July he saw a ship on fire. Our readers will recollect that the

particulars were given in a paragraph immediately after the Fortuna

arrived. It was as follows:--"On the 2d of July, Captain Bartlett saw

some smoke rising up on the horizon, which he supposed to be the smoke

from a steamer. Later in the day, however, a strong reflection of light

was seen in the sky, and which the captain at once believed to be a ship

on fire. All hands were then called up 'to bout ship,' and they stood

towards the spot from whence the light proceeded. This was about six

o'clock; and at two o'clock on the morning of the 3d July, and in lat.

25° 57' South, and in long. 38° 20' West, the Fortuna ran up within

forty yards of a large vessel of 800 or 1000 tons, which was enveloped

in one mass of flame from stem to stern. Nothing remained of her but her

hull; the whole of her rigging, masts, and decks had already been

consumed. As the Fortuna ran towards the wreck, another vessel--the

Oaks--bound to Calcutta, joined her, and the two vessels spoke one

another. From what Captain Bartlett could make out, the captain of the

Oaks told him that in the evening, about half-past six, an English

man-of-war had passed him, and whilst passing she fired two guns, from

which it was concluded that the crew of the burning vessel had been

rescued by the man-of-war." Captain Semmes said Captain Bartlett was

quite right in supposing that the ship had been set on fire by himself.

She was the Annie F. Schmidt, from New York to San Francisco, with a

general cargo on board; but the supposition of the man-of-war coming to

the rescue of the crew was a mistake. "We set her on fire in the night,"

said Captain Semmes, "and shortly after we had done so, we heard a

couple of guns. We thought it was another Yankee, and we up steam and

fired a gun for her to heave-to. On coming alongside her, we found she

was Her Majesty's frigate Dido. 'We did not take her, sir,' said the

captain, with a laugh; 'in fact, we never attempt to take any of Her

Majesty's frigates.'"

We said we would mention that, and we do, as Captain Semmes's last. "The

Dido people," he went on to say, "asked us if we had set the ship on

fire, and I answered we had, and had got the crew safe on board. 'All

right!' was the answer, and we parted. She was a vessel of about 1000

tons." We asked Captain Semmes if he could give us the names of the

vessels he had captured. He answered that he could. "For," he said, "you

English people won't be neighbourly enough to let me bring my prizes

into your ports, and get them condemned, so that I am obliged to sit

here a court of myself, try every case, and condemn the ships I take.

The European powers, I see, some of them complain of my burning the

ships; but what, if they will preserve such strict neutrality as to keep

me out of their ports, what am I to do with these ships when I take them

but burn them?" He then fetched his record books, and we took the

following down from his lips:--"The ships we have captured were--the

Ocmulgee, of 400 tons, thirty-two men on board; we burned her. The

Alert, a whaler of 700 tons; we burned her. The whaling schooner

Weathergauge; we burned her. The whaling brig Altamaha; we burned her.

The whaling ship Benjamin Tucker; we burned her. The whaling schooner

Courser; we burned her. The whaling barque Virginia; we burned her. The

barque Elisha Dunbar, a whaler; we burned her. The ship Brilliant, with

1000 tons of grain on board; we burned her. The Emily Farnum we captured

and released as a cartel, and having so many prisoners we put some of

them on board her, and sent them off. The Wave Crest, with a general

cargo on board for Europe, we set on fire. The Dunkirk brig, with a

general cargo on board, we burned. The ship Tonawanda we captured, with

a valuable freight on board, and released her, after taking a bond for a

thousand dollars. The ship Manchester, with a cargo of grain, we burned.

The barque Lamplighter, with an assorted cargo for Europe, we burned.

The barque Lafayette, with an assorted cargo, we burned. The schooner

Crenshaw, with an assorted cargo for the West Indies, we burned. The

barque Lauretta, with an assorted cargo on board for Europe, we burned.

The brig Baron de Custine we took a bond for and released. The whaling

ship Levi Starbuck we burned. The T.B. Wales, from Calcutta to Boston,

with a valuable cargo on board, we burned. The barque Martha, from

Calcutta to West Indies, with an assorted cargo, we burned. The schooner

Union we, after boarding, found had some English property on board, and

we released her on bond. The mail steamer Ariel Running between New York

and Aspinwall, we captured. Unfortunately she was going, not returning,

or we should have had a lot of gold. We released her on bond. The United

States gunboat Hatteras, who came out to fight us, had the same number

of guns and crew. Our guns were a little heavier than hers, but we

equalized them by permitting her to fight us at 300 yards. We sunk her

in thirteen minutes by the watch. The barque Golden Rule, with an

assorted cargo, we burned. She belonged to the same company as the

Ariel. The brig Chastelaine we burned. The schooner Palmetto we burned.

The barque Olive Jane we burned. The Golden Eagle, laden with guano, we

burned. The Washington, from the Pacific, with guano, we released on

bond. The Bethia Thayer, from East India, with a valuable cargo on

board, was released on bond. The John A. Parker, with flour and lumber,

from Boston to Buenos Ayres, we burned. The Punjaub, from East India,

we found to have some English cargo on board, we released on bond. The

ship Morning Star we released on bond. The whaling schooner Kingfisher

we burned. The ship Nora, from Liverpool to West Indies, with salt on

board, we burned. The barque Lafayette we burned. The whaling brig Kate

Cory we burned. The whaling barque Nye we burned. The Charles Hall, from

Liverpool, with coal, we burned.

"The ship Louisa Hatch, from Cardiff to West Indies, we burned. The ship

Dorcas Prince, with a general cargo, we burned. The ship Sea Lark, with

a general cargo from the East Indies, we burned. The barque Union Jack,

from Boston to Shanghai, we burned. We captured a Yankee consul on board

of her; he was on his way to Foochin; we landed him at the Brazils. The

ship Gildersliene, from New York to the East Indies, we burned. The

barque Justina we released on bond, to take home prisoners. The ship

Jabez Snow, from New York to the East Indies, we burned. The barque

Amazonian, from Boston to Buenos Ayres, we burned. The ship Talisman,

from New York to the East Indies, we burned. The barque Conrad, fitted

up as a Federal cruiser, a tender to a man-of-war, we captured and

burned. After these came the Anne F. Schmidt, mentioned before, and the

Sea Bride--and the Sea Bride you saw us take to-day. The estimated value

of these captures is 4,200,000 dollars."

The American Consul, Mr. Graham, has handed to his Excellency the

Governor a protest against the capture of the Sea Bride, on the ground

that the vessel was in British waters at the time of her being stopped

by the Alabama. His Excellency told Mr. Graham that the decision of the

case remained purely on evidence, but he would see there was no breach

of neutrality. The Captain of the Sea Bride says he is prepared to show

by bearings that he was within two and a half miles of Robben Island.

No. VI.

CORRESPONDENCE RESPECTING THE TUSCALOOSA.

_Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.

August_ 19, 1863.

I beg you will be pleased to acquaint my Lords Commissioners of the

Admiralty with the following particulars relative to the proceedings of

the Confederate States ships of war Alabama, her reported tender

Tuscaloosa, and the Georgia, which have recently arrived at the Cape of

Good Hope.

2. On the 28th of July an English schooner arrived in Table Bay, and

reported that on the previous day she had been boarded by the

Confederate steamer Alabama, fifteen miles north-west of Green Point.

After some inquiries the Alabama left her, steering south-east.

3. Upon the receipt of this intelligence I ordered Captain Forsyth, of

the Valorous, to hold himself in readiness to proceed to any of the

ports in this colony where the Alabama might anchor, in order to

preserve the rules of strict neutrality.

4. By a letter addressed to the Governor of this Colony by Captain

Semmes, copy of which was telegraphed to me on the 4th instant, it

appears that the Alabama had proceeded to Saldanha Bay for a few days,

anchoring there on the 29th of July.

5. On the 5th instant I received a private telegram to the effect that

the Alabama was off Table Bay, when I directed the Valorous immediately

to proceed to that anchorage; and shortly afterwards a telegram reached

me from the Governor stating "that the Alabama had captured a vessel

(American), which was in sight, and steering for Table Bay." The

Valorous reached that Bay at 10.15 P.M., where the Alabama had anchored

at 3 o'clock in the afternoon of the same day.

6. Captain Forsyth having informed me that the tender to the Alabama had

been ordered by Captain Semmes to Simon's Bay for provisions, and having

learned that this vessel had been captured off the coast of Brazil, and

not been condemned in any Prize Court, I had doubts as to the legality

of considering her in the light of a tender, being under the impression

that it was a ruse to disguise the real character of the vessel. I

therefore wrote to the Governor to obtain the opinion of the

Attorney-General of the Colony upon this subject, which correspondence

is inclosed.

7. On the 8th of August the tender Tuscaloosa, a sailing barque, arrived

in Simon's Bay, and the boarding officer having reported to me that her

original cargo of wool was still on board, I felt that there were

grounds for doubting her real character, and again called the Governor's

attention to this circumstance. My letter and his reply are annexed. And

I would here beg to submit to their Lordships' notice that this power of

a captain of a ship of war to constitute every prize he may take a

"tender," appears to me to be likely to lead to abuse and evasion of the

laws of strict neutrality, by being used as a means for bringing prizes

into neutral ports for disposal of their cargoes, and secret

arrangements--which arrangements, it must be seen, could afterwards be

easily carried out at isolated places.

8. The Alabama, after lying three days in Table Bay, came to this

anchorage to caulk and refit. She arrived here on the 9th, and sailed

again on the 15th instant. Captain Semmes was guarded in his conduct,

and expressed himself as most anxious not to violate the neutrality of

these waters.

9. I should observe that, from the inclosed copy of a letter from

Captain Forsyth to the Governor, it would appear that the vessel Sea

Bride, taken by the Alabama off Table Bay, was beyond the jurisdiction

of neutral territory.

10. During his passage to this port Captain Semmes chased another

American vessel, the Martha Wentzel, standing in for Table Bay. On my

pointing out to him that he had done so in neutral waters, he assured me

that it was quite unintentional, and, being at a distance from the land,

he did not observe that he had got within three miles of an imaginary

line drawn from the Cape of Good Hope to Cape Hanglip, but on

discovering it he did not detain the vessel. The explanation I

considered sufficient.

11. The tender Tuscaloosa, having been detained by a strong

south-easter, got under way for the purpose of going to sea on the 14th

instant, but anchored again a little distance from the Roman Rock

lighthouse in consequence of thick fog prevailing.

12. The Alabama did not take in any coal, either here or at Table Bay,

but after being caulked she proceeded to sea on the 15th instant,

followed by the Tuscaloosa. Their destinations are unknown.

13. On the 16th instant, the Confederate States steamer Georgia,

Commander Maury, anchored in this bay. She requires coal, provision, and

caulking. This vessel did not meet the Alabama outside.

14. The Florida, another Confederate States steamer, is reported to be

off this coast, probably cruising to intercept the homeward-bound

American ships from China; indeed, it is with that object these ships

are on this part of the Station.

15. I have learnt, since the departure of the Alabama, and her so-called

tender, that overtures were made by some parties in Cape Town to

purchase the cargo of wool, but, being unsatisfactory, they were not

accepted. It is reported to be Captain Semmes' intention to destroy the

Tuscaloosa at sea.

16. The Alabama is a steamer of about 900 tons, with 8 guns, and 150

men. The Georgia is an iron steamer of about 700 tons, with 5 guns, and

110 men. The Tuscaloosa is a sailing-barque of 500 tons, having 2 small

guns and 10 men.

_Captain Semmes, C.S.N., to Governor Sir P. Wodehouse. August_ 1, 1863.

An opportunity is offered me by the coasting schooner Atlas, to

communicate with the Cape, of which I promptly avail myself.

I have the honour to inform your Excellency that I arrived in this bay

on Wednesday morning last, for the purpose of effecting some necessary

repairs. As soon as these repairs can be completed I will proceed to

sea, and in the meantime your Excellency may rest assured that I will

pay the strictest attention to the neutrality of your Government.

_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 7,

1863.

Captain Forsyth having informed me that the Alabama has a tender outside

captured by Captain Semmes on the coast of America, and commissioned by

one of the Alabama's Lieutenants, and as this vessel has been ordered

into Simon's Bay for provisions, may I request your Excellency will be

good enough to obtain the opinion of the Law Officers whether this

vessel ought still to be looked upon in the light of a prize, she never

having been condemned in a Prize Court; the instructions, copy of which

I inclose, strictly forbidding prizes captured by either of the

contending parties in North America being admitted into our ports.

_Governor Sir P. Wodehouse to Rear-Admiral Sir B. Walker, August 8,

1863_.

I have the honour to acknowledge the receipt of your Excellency's letter

of yesterday's date, and to inclose the copy of an opinion given by the

Acting Attorney-General to the effect that the vessel to which you refer

ought to be regarded as a tender and not as a prize.

I shall take care to submit this question to Her Majesty's Government by

the next mail, but in the meantime I conclude that your Excellency will

be prepared to act on the opinion of the Attorney-General in respect to

any vessels which may enter these ports in the character of prizes

converted into ships of war by the officers of the navy of the

Confederate States.

_Extracts from "Wheaton's Elements of International Law."_

What constitutes a setting forth as a vessel of war has been determined

by the British Courts of Prize, in cases arising under the clause of the

Act of Parliament, which may serve for the interpretation of our own

law, as the provisions are the same in both. Thus it has been settled

that where a ship was originally armed for the Slave Trade, and after

capture an additional number of men were put on board, but there was no

commission of war and no additional arming, it was not a setting forth

as a vessel of war under the Act. But a commission of war is decisive if

there be guns on board; and where the vessel after the capture has been

fitted out as a privateer, it is conclusive against her, although, when

recaptured, she is navigating as a mere merchant-ship; for where the

former character of a captured vessel had been obliterated by her

conversion into a ship of war, the Legislature meant to look no further,

but considered the title of the former owner forever extinguished. Where

it appeared that the vessel had been engaged in a military service of

the enemy, under the direction of his Minister of the Marine, it was

held as a sufficient proof of a setting forth as a vessel of war; so

where the vessel is armed, and is employed in the public military

service of the enemy by those who have competent authority so to employ

it, although it be not regularly commissioned. But the mere employment

in the enemy's military service is not sufficient; but if there be a

fair semblance of authority, in the person directing the vessel to be so

employed, and nothing upon the face of the proceedings to invalidate it,

the Court will presume that he is duly authorized; and the commander of

a single ship may be presumed to be vested with this authority as

commander of a squadron.

_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 8,

1863.

I have the honour to acknowledge the receipt of your Excellency's letter

of this day's date, covering the written opinion of the Acting

Attorney-General of this Colony as to the legality of the so-called

tender to the Confederate States armed ship Alabama, and for which I beg

to express my thanks.

The vessel in question, now called the Tuscaloosa, arrived here this

evening, and the boarding officer from my flag-ship obtained the

following information:

That she is a barque of 500 tons, with two small rifled 12 pounder guns

and ten men, and was captured by the Alabama on the 21st June last, off

the coast of Brazil: cargo of wool still on board.

The admission of this vessel into port will, I fear, open the door for

numbers of vessels captured under similar circumstances being

denominated tenders, with a view to avoid the prohibition contained in

the Queen's instructions; and I would observe that the vessel Sea Bride

captured by the Alabama off Table Bay a few days since, or all other

prizes, might be in like manner styled tenders, making the prohibition

entirely null and void.

I apprehend that to bring a captured vessel under the denomination of a

vessel of war, she must be fitted for warlike purposes, and not merely

have a few men and two small guns put on board of her (in fact nothing

but a prize crew) in order to disguise her real character as a prize.

Now this vessel has her original cargo of wool still on board, which

cannot be required for warlike purposes, and her armament and the number

of her crew are quite insufficient for any services other than those of

a slight defence.

Viewing all the circumstances of the case, they afford room for the

supposition, that the vessel is styled a "tender" with the object of

avoiding the prohibition against her entrance as a prize into our ports,

where, if the captors wished, arrangements could be made for the

disposal of her valuable cargo, the transhipment of which, your

Excellency will not fail to see, might be readily effected on any part

of the coast beyond the limits of this Colony.

My sole object in calling your Excellency's attention to the case is to

avoid any breach of strict neutrality.

_Governor Sir P. Wodehonse to Rear-Admiral Sir B. Walker. August_ 10,

1863.

I have the honour to acknowledge the receipt of your Excellency's letter

of the 8th instant, on which I have consulted the Acting

Attorney-General.

The information given respecting the actual condition of the Tuscaloosa

is somewhat defective, but referring to the extract from Wheaton

transmitted in my last letter, the Attorney-General is of opinion that

if the vessel received the two guns from the Alabama or other

Confederate vessel of war, or if the person in command of her has a

commission of war, or if she be commanded by an officer of the

Confederate navy, in any of these cases there will be a sufficient

setting forth as a vessel of war to justify her being held to be a ship

of war; if all of these points be decided in the negative, she must be

held to be only a prize, and ordered to leave forthwith.

_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 11,

1863.

I have the honour to acknowledge the receipt of your Excellency's

letter, dated yesterday, respecting the Confederate barque Tuscaloosa

now in this bay.

As there are two guns on board, and an officer of the Alabama in charge

of her, the vessel appears to come within the meaning of the cases cited

in your above-mentioned communication.

_Governor Sir P. Wodehouse to the Duke of Newcastle. August_ 19, 1863.

(Extract.)

I beg to take this opportunity of making your Grace acquainted with what

has occurred here in connection with the visit of the Confederate States

steamer Alabama.

On Tuesday, the 4th instant, I received a letter from the Commander of

that vessel, dated the 1st August at Saldanha Bay, announcing his having

entered that bay with a view to effecting certain repairs, and stating

that he would put to sea as soon as they were completed, and would

strictly respect our neutrality.

When this intelligence was received, the United States Consul called on

me to seize her, or at any rate to send her away instantly; but as the

vessel which brought the news reported that the Alabama was coming

immediately to Table Bay, I replied that I could not seize her, but

would take care to enforce the observance of the neutral regulations.

On the next day, about noon, it was reported from the signal station

that the Alabama was steering for Table Bay from the north, and that a

Federal barque was coming in from the westward; and soon after, that the

latter had been captured and put about. A little after 2 P.M. the United

States Consul called to state that he had seen the capture effected

within British waters; when I told him he must make his statement in

writing, and an investigation should be made. I also, by telegram,

immediately requested the Naval Commander-in-Chief to send a ship of war

from Simon's Bay. The Alabama, leaving her prize outside, anchored in

the bay 3.30 P.M., when Captain Semmes wrote to me that he wanted

supplies and repairs, as well as permission to land thirty-three

prisoners. After communicating with the United States Consul, I

authorized the latter, and called upon him to state the nature and

extent of his wants, that I might be enabled to judge of the time he

ought to remain in the port. The same afternoon he promised to send the

next morning a list of the stores needed, and announced his intention of

proceeding with all despatch to Simon's Bay to effect his repairs there.

The next morning (August 6th) the Paymaster called on me with the

merchant who was to furnish the supplies, and I granted him leave to

stay till noon of the 7th.

On the night of the 5th, Her Majesty's ship Valorous had come round from

Simon's Bay. During the night of the 6th the weather became

unfavourable; a vessel was wrecked in the bay, and a heavy sea prevented

the Alabama from receiving her supplies by the time arranged. On the

morning of the 8th, Captain Forsyth, of the Valorous, and the Port

Captain, by my desire, pressed on Captain Semmes the necessity for his

leaving the port without any unnecessary delay; when he pleaded the

continued heavy sea and the absence of his cooking apparatus, which had

been sent on shore for repairs, and had not been returned by the

tradesman at the time appointed, and intimated his own anxiety to get

away. Between 6 and 7 A.M., on Sunday, the 9th, he sailed, and on his

way round to Simon's Bay captured another vessel; but on finding that

she was in neutral waters he immediately released her.

In the meantime, the United States Consul had, on the 5th August,

addressed to me a written statement that the Federal barque Sea Bride

had been taken "about four miles from the nearest land," and "already in

British waters;" on which I promised immediate inquiry. The next day the

Consul repeated his protest, supporting it by an affidavit of the master

of the prize, which he held to show that she had been taken about two

miles and a half from the land; and the agent for the United States

underwriters, on the same day, made a similar protest. On the 7th, the

Consul represented that the prize had, on the previous day, been brought

within one mile and a half of the lighthouse, which he considered as

much a violation of the neutrality as if she had been there captured,

and asked me to have the prize crew taken out and replaced by one from

the Valorous, which I declined.

I had, during this period, been seeking for authentic information as to

the real circumstances of the capture, more particularly with reference

to the actual distance from the shore, and obtained through the Acting

Attorney-General statements from the keeper of the Green Point

Lighthouse (this was supported by the Collector of Customs), from the

signal-man at the station at the Lion's Rump, and from an experienced

boatman who was passing between the shore and the vessels at the time.

Captain Forsyth, of the Valorous, also made inquiries of the captain of

the Alabama and of the Port Captain, and made known the result to me.

And upon all these statements I came to the conclusion that the vessels

were not less than four miles distant from land; and on the 8th I

communicated to the United States Consul that the capture could not, in

my opinion, be held to be illegal by reason of the place at which it was

effected.

In his reply of the 10th, the Consul endeavoured to show how

indefensible my decision must be, if, in these days of improved

artillery, I rested it on the fact of the vessels having been only three

miles from land. This passage is, I think, of considerable importance,

as involving an indirect admission that they were not within three miles

at the time of capture. And I hope your Grace will concur in my view

that it was not my duty to go beyond what I found to be the distance

clearly established by past decisions under international law.

An important question has arisen in connection with the Alabama, on

which it is very desirable that I should, as soon as practicable, be

made acquainted with the views of Her Majesty's Government. Captain

Semmes had mentioned after his arrival in port, that he had left outside

one of his prizes previously taken, the Tuscaloosa, which he had

equipped and fitted as a tender, and had ordered to meet him in Simon's

Bay, as she also stood in need of supplies. When this became known to

the naval commander-in-chief, he requested me to furnish him with a

legal opinion; and whether this vessel could he held to be a ship of war

before she had been formally condemned in a prize court; or whether she

must not be held to be still a prize, and, as such, prohibited from

entering our ports. The Acting Attorney-General, founding his opinion on

Earl Russell's despatch to your Grace, of the 31st January, 1862, and on

"Wheaton's International Law," states in substance that it was open to

Captain Semmes to convert this vessel into a ship of war, and that she

ought to be admitted into our ports on that footing.

On the 8th August the vessel entered Simon's Bay, and the Admiral wrote

that she had two small rifled guns, with a crew of ten men, and that her

cargo of wool was still on board. He was still doubtful of the propriety

of admitting her.

On the 10th August, after further consultation with the Acting

Attorney-General, I informed Sir Baldwin Walker that, if the guns had

been put on board by the Alabama, or if she had a commission of war, or

if she were commanded by an officer of the Confederate Navy, there must

be held to be a sufficient setting forth as a vessel of war to justify

her admission into port in that character.

The Admiral replied in the affirmative on the first and last points, and

she was admitted.

The Tuscaloosa sailed from Simon's Bay on the morning of the 14th

instant, but was becalmed in the vicinity until the following day, when

she sailed about noon. The Alabama left before noon on the 15th instant.

Neither of these vessels was allowed to remain in port longer than was

really necessary for the completion of their repairs.

On the 16th, at noon, the Georgia, another Confederate war steamer,

arrived at Simon's Bay in need of repairs, and is still there.

Before closing this despatch I wish particularly to request instructions

on a point touched on in the letter from the United States Consul of the

17th instant, viz.: the steps which should be taken here in the event of

the cargo of any vessel captured by one of the belligerents being taken

out of the prize at sea, and brought into one of our ports in a British

or other neutral vessel.

Both belligerents are strictly interdicted from bringing their prizes

into British ports by Earl Russell's letter to the Lords of the

Admiralty of the 1st June, 1861, and I conceive that a colonial

government would be justified in enforcing compliance with that order by

any means at its command, and by the exercise of force if it should be

required.

But that letter refers only to "prizes;" that is, I conceive, to ships

themselves, and makes no mention of the cargoes they may contain.

Practically the prohibition has been taken to extend to the cargoes; and

I gathered, from a conversation with Captain Semmes on the subject of

our neutrality regulations, that he considered himself debarred from

disposing of them, and was thus driven to the destruction of all that he

took. But I confess that I am unable to discover by what legal means I

could prevent the introduction into our ports of captured property

purchased at sea, and tendered for entry at the custom-house in the

usual form from a neutral ship. I have consulted the Acting

Attorney-General on the subject, and he is not prepared to state that

the customs authorities would be justified in making a seizure under

such circumstances; and therefore, as there is great probability of

clandestine attempts being made to introduce cargoes of this

description, I shall be glad to be favoured with the earliest

practicable intimation of the views of Her Majesty's Government on the

subject.

_Captain Semmes, C.S.N., to Sir P. Wodehouse. August_ 5, 1863.

I have the honour to inform your Excellency of my arrival in this bay,

in the Confederate States steamer Alabama under my command. I have come

in for supplies and repairs, and in the meantime I respectfully ask

leave to land in Cape Town thirty-three prisoners, lately captured by me

on board two of the enemy's ships destroyed at sea. The United States

Consul will doubtless be glad to extend such hospitality and assistance

to his distressed countrymen, as required of him by law.

_Sir P. Wodehouse to Captain Semmes, C.S.N. August_ 5, 1863.

I have the honour to acknowledge the receipt of your letter announcing

your arrival in this port, and to state that I have no objection to

offer to your landing the prisoners now detained in your ship.

I have further to beg that you will be good enough to state the nature

and extent of the supplies and repairs you require, that I may be

enabled to form some estimate of the time for which it will be necessary

for you to remain in this port.

_Captain Semmes, C.S.N., to Sir P. Wodehouse. August_ 5, 1863.

I have had the honour to receive your letter of this day's date, giving

me permission to land my prisoners, and requesting me to state the

nature of the supplies and repairs which I may require. In the way of

supplies I shall need some provisions for my crew, a list of which will

be handed you to-morrow by the paymaster, and as for repairs my boilers

need some iron work to be done, and my bends require caulking, being

quite open. I propose to take on board the necessary materials here, and

to proceed with all despatch to Simon's Bay for the purpose of making

these repairs.

_Mr. Adamson to Captain Semmes C.S.N. August_ 6, 1863.

I am directed by the Governor of this colony to acquaint you that he

has received from the Consul for the United States at this port a

representation, in which he sets forth that an American barque was

yesterday captured by the ship which you command, in British waters, in

violation of the neutrality of the British Government, and claims from

him redress for the alleged outrage.

His Excellency will be glad, therefore, to receive from you any

explanation you may wish to give as to the circumstances in which the

capture was effected.

_Captain Semmes, C.S.N., to Mr. Adamson. Cape Town, August_ 6, 1863.

I have had the honour to receive your communication of this day's date,

informing me that the United States Consul at this port had presented to

his Excellency the Governor a representation in which he sets forth that

an American barque was yesterday captured by this ship under my command

in British waters, in violation of the neutrality of the British

Government, and requesting me to make to his Excellency such

representation as I may have to offer on the subject.

In reply, I have the honour to state that it is not true that the barque

referred to was captured in British waters, and in violation of British

neutrality; she having been captured outside all headlands, and a

distance from the nearest land of between five and six miles. As I

approached this vessel I called the particular attention of my officers

to the question of distance, and they all agreed that the capture was

made from two to three miles outside the marine league.

_U.S. Consul to Sir P. Wodehouse. August_ 4, 1863.

From reliable information received by me, and which you are also

doubtless in possession of, a war steamer called the Alabama is now in

Saldanha Bay, being painted, discharging prisoners of war, &c.

The vessel in question was built in England to prey upon the commerce of

the United States of America, and escaped therefrom while on her trial

trip, forfeiting bonds of £20,000, which the British Government exacted

under the Foreign Enlistment Act.

Now, as your Government has a treaty of amity and commerce with the

United States, and has not recognised the persons in revolt against the

United States as a Government at all, the vessel alluded to should be at

once seized and sent to England, from whence she clandestinely escaped.

Assuming that the British Government was sincere in exacting the bonds,

you have doubtless been instructed to send her home to England, where

she belongs. But if, from some oversight, you have not received such

instructions, and you decline the responsibility of making the seizure,

I would most respectfully protest against the vessel remaining in any

port of the colony another day. She has been at Saldanha Bay four [six]

days already, and a week previously on the coast, and has forfeited all

right to remain an hour longer by this breach of neutrality. Painting a

ship does not come under the head of "necessary repairs," and is no

proof that she is unseaworthy; and to allow her to visit other ports

after she has set the Queen's proclamation of neutrality at defiance

would not be regarded as in accordance with the spirit and purpose of

that document.

_Mr. Adamson to U.S. Consul. August 5,_ 1863.

I am directed by the Governor to acknowledge the receipt of your letter

of yesterday's date relative to the Alabama.

His Excellency has no instructions, neither has he any authority, to

seize or detain that vessel; and he desires me to acquaint you that he

has received a letter from the Commander, dated the 1st instant, stating

that repairs were in progress, and as soon as they were completed he

intended to go to sea. He further announces his intention of respecting

strictly the neutrality of the British Government.

The course which Captain Semmes here proposes to take is, in the

Governor's opinion, in conformity with the instructions he has himself

received relative to ships of war and privateers belonging to the United

States and the States calling themselves the Confederate States of

America visiting British ports.

The reports received from Saldanha Bay induce the Governor to believe

that the vessel will leave that harbour as soon as her repairs are

completed; but he will immediately, on receiving intelligence to the

contrary, take the necessary steps for enforcing the observance of the

rules laid down by Her Majesty's Government.

_Mr. Graham (U.S. Consul) to Sir P. Wodehouse. August_ 5, 1863.

The Confederate steamer Alabama has just captured an American barque off

Green Point, or about four miles from the nearest land (Robben Island).

I witnessed the capture with my own eyes, as did hundreds of others at

the same time. This occurrence at the entrance of Table Bay, and clearly

in British waters, is an insult to England and a grievous injury to a

friendly Power, the United States.

Towards the Government of my country and her domestic enemies the

Government of England assumes a position of neutrality; and if the

neutrality can be infringed with impunity, in this bold and daring

manner, the Government of the United States will no doubt consider the

matter as one requiring immediate explanation.

Believing that the occurrence was without your knowledge or expectation,

and hoping you will take such steps to redress the outrage as the

exigency requires, I am, &c.

_Mr. Rawson to Mr. Graham. August_ 6, 1863.

I am directed by the Governor to acknowledge the receipt of your letter

of yesterday's date respecting the capture of the Sea Bride by the

Alabama, and to acquaint you that he will lose no time in obtaining

accurate information as to the circumstances of the capture. I have,

&c.,

(Signed) RAWSON W. RAWSON,

_Colonial Secretary._

_Mr. Graham to Sir P. Wodehouse. August_ 6, 1863.

I have the honour to acknowledge the receipt of your despatch of this

date.

I beg now to enclose for your Excellency's perusal, the affidavit of

Captain Charles F. White, of the Sea Bride, protesting against the

capture of the said barque in British waters. The bearings taken by him

at the time of capture conclusively show that she was in neutral waters,

being about two and a half miles from Robben Island. This statement is

doubtless more satisfactory than the testimony of persons who measured

the distance by the eye.

I believe that there is no law defining the word "coast" other than

international law. That law has always limited neutral waters to the

fighting distance from land, which, upon the invention of gunpowder, was

extended to a distance of three nautical miles from land on a straight

coast, and by the same rule, since the invention of Armstrong rifled

cannon, to at least six miles.

But all waters inclosed by a line drawn between two promontories or

headlands are recognised by all nations as neutral, and England was the

first that adopted the rule, calling such waters the "King's chambers."

By referring to "Wheaton's Digest," page 234, or any other good work on

international law, you will find the above rules laid down and

elucidated.

The fact that the prize has not already been burned, and that her fate

is still in suspense, is clear proof that Captain Semmes had misgivings

as to the legality of the capture, and awaits your Excellency's assent.

If you decide that the prize was legally taken, you will assume a

responsibility which Captain Semmes himself declined to take.

_Affidavit of C.F. White._

On this 6th day of August, A.D. 1863, personally appeared before me,

Walter Graham, Consul of the United States at Cape Town, Charles F.

White, master of the barque Sea Bride, of Boston, from New York, and

declared on affidavit that on the 3d day of August instant, he sighted

Table Mountain and made for Table Bay, but that on the 4th instant,

night coming on, he was compelled to stand out. On the 5th instant, he

again made for the anchorage, and about two P.M. saw a steamer standing

toward the barque, which he supposed was the English mail steamer, but

on nearing her, found her to be the Confederate steamer Alabama. He,

Captain White, was peremptorily ordered to heave his vessel to as a

prize to the Alabama. One gun was fired, and immediately after the

demand was made another gun was fired. Two boats were lowered from the

Alabama and sent on board the barque. The officer in charge of these

boats demanded the ship's papers, which the said master was compelled to

take on board the said steamer. This happened about a quarter before

three o'clock. He and his crew were immediately taken from his vessel

and placed as prisoners on board the Alabama, the officers and crew

being put in irons. The position of the barque at the time of capture

was as follows:--Green Point Lighthouse bearing south by east; Robben

Island Lighthouse north-east.

The said appearer did further protest against the illegal capture of

said vessel, as she was in British waters at the time of capture,

according to bearings.

_Mr. Graham to Sir P. Wodehouse. August 7, 1863_.

Understanding from your letter of this date, received this morning,[17]

that the case of the Sea Bride is still pending, I enclose the

affidavits of the first officer of that vessel and the cook and steward,

which I hope will throw additional light on the subject.

[Footnote 17: A formal acknowledgment omitted here as superfluous.]

From the affidavit of the first officer, it appears that the alleged

prize was brought within one and a half miles of Green Point Lighthouse

yesterday at one o'clock P.M. Now, as the vessel was at that time in

charge of a prize crew, it was a violation of neutrality as much as if

the capture had been made at the same distance from land.

Pending your decision of the case I would most respectfully suggest that

the prize crew on board the Sea Bride be removed, and that the vessel be

put in charge of a crew from Her Majesty's ship Valorous.

_Affidavit of James Robertson._

On the day and date hereof before me, Walter Graham, Consul for the

United States of America at Cape Town, personally came and appeared

James Robertson, cook and steward of the barque Sea Bride, an American

vessel, and made affidavit that he was on board said barque on the night

of the 5th day of August instant, after the said barque had been

captured as a prize by the Confederate steamer Alabama, and a prize crew

put on board. That at about five minutes before two o'clock A.M. of the

6th instant, the prize crew on board the said barque received a signal

from the Alabama aforesaid to burn the said barque, and immediately all

hands were called to execute that order. That the sails were clewed, a

tar barrel taken from underneath the topgallant forecastle and placed in

the forecastle, and a bucketful of tar, with other combustibles and

ammunition, ordered on the cabin table, but that when these arrangements

were completed, another signal was received from the said Alabama,

countermanding the order to burn the said prize, and to stand off and on

the land until daylight, which orders were obeyed.

_Affidavit of John Schofield._

On the day and date hereof before me, Walter Graham, Consul for the

United States of America at Cape Town, personally came and appeared

John Schofield, first officer of the barque Sea Bride, of Boston, who

made affidavit that he was on board of said vessel at one o'clock P.M.

yesterday, the 6th day of August instant, while she was in possession of

a prize crew of the steamer Alabama; that he took the bearings of said

barque at that time, which were as follows: Robben Island Lighthouse

bore north-east by north one-half north, Green Point Lighthouse bore

south-west one-half west.

He also deposed that the officer in command of the barque came on deck

about that time, and stamping his foot as if chagrined to find her so

near the land, ordered her further off, which was done immediately.

I am directed by the Governor to acknowledge the receipt of your letter

of this date, inclosing two affidavits relative to the Sea Bride, and to

state that his Excellency is not prepared to admit that the fact of that

vessel having been brought by the prize crew within one and a half miles

of the Green Point Lighthouse "was a violation of the neutrality as much

as if the capture had taken place at the same distance from land,"

although both the belligerents are prohibited from bringing their prizes

into British ports.

The Governor does not feel warranted in taking steps for the removal of

the prize crew from the Sea Bride.

_Mr. Bawson to Mr. Graham. August_ 8, 1863.

With reference to the correspondence that has passed relative to the

capture by the Confederate States steamer Alabama, of the barque Sea

Bride, I am directed by the Governor to acquaint you that, on the best

information he has been enabled to procure, he has come to the

conclusion that the capture cannot be held to be illegal, or in

violation of the neutrality of the British Government, by reason of the

distance from land at which it took place.

His Excellency will, by next mail, make a full report of the case to Her

Majesty's Government.

_Mr. Graham to Sir P. Wodehouse. August_ 10, 1863.

Your decision in the case of the Sea Bride was duly received at four

o'clock p. M. on Saturday. In communicating that decision you simply

announce that the vessel was, in your opinion, and according to evidence

before you, a legal prize to the Alabama; but you omit to state the

principle of international law that governed your decision, and neglect

to furnish me with the evidence relied upon by you.

Under these circumstances I can neither have the evidence verified or

rebutted here, nor am I enabled to transmit it as it stands to the

American Minister at London, nor to the United States Government at

Washington. An invitation to be present when the _ex parte_ testimony

was taken was not extended to me, and I am therefore ignorant of the

tenor of it, and cannot distinguish the portion thrown out from that

which was accepted. If your decision is that the neutral waters of this

colony only extend a distance of three miles from land, the character of

that decision would have been aptly illustrated to the people of Cape

Town had an American war-vessel appeared on the scene, and engaged the

Alabama in battle. In such a contest with cannon carrying a distance of

six miles (three overland), the crashing buildings in Cape Town would

have been an excellent commentary on your decision.

But the decision has been made, and cannot be revoked here, so that

further comment at present is, therefore, unnecessary. It can only be

reversed by the Government you represent, which it probably will be when

the United States Government shall claim indemnity for the owners of the

Sea Bride.

An armed vessel named the Tuscaloosa, claiming to act under the

authority of the so-called Confederate States, entered Simon's Bay on

Saturday the 8th instant. That vessel was formerly owned by citizens of

the United States, and while engaged in lawful commerce was captured as

a prize by the Alabama. She was subsequently fitted out with arms by the

Alabama to prey upon the commerce of the United States, and now, without

having been condemned as a prize by any Admiralty Court of any

recognized Government, she is permitted to enter a neutral port in

violation of the Queen's Proclamation, with her original cargo on board.

Against this proceeding I hereby most emphatically protest, and I claim

that the vessel ought to be given up to her lawful owners. The capture

of the Sea Bride in neutral waters, together with the case of the

Tuscaloosa, also a prize, constitute the latest and best illustration of

British neutrality that has yet been given.

_Mr. Rawson to Mr. Graham. August_ 10, 1863.

I am directed by the Governor to acknowledge the receipt of your letter

of this date, and to state with reference to that part of it which

relates to the Tuscaloosa, that his Excellency is still in

correspondence with the Commander-in-chief respecting the character of

that vessel, and the privileges to which she is entitled.

_Mr. Graham to Sir P. Wodehouse. August_ 12, 1863.

Upon receiving your last communication to me dated the 10th instant, I

deemed it simply a report of progress on one subject treated of in my

last letter to your Excellency, and I have therefore waited anxiously

for the receipt of another letter from the Colonial Secretary

communicating the final result in the case. Failing to receive it, and

hearing yesterday P.M. that the Tuscaloosa would proceed to Sea from

Simon's Bay to-day, I applied for an injunction from the Supreme Court

to prevent the vessel sailing before I had an opportunity of showing by

witnesses that she is owned in Philadelphia in the United States, and

her true name is Conrad; that she has never been condemned as a prize by

any legally constituted Admiralty Court; and that I am _ex officio_ the

legal agent of the owners, underwriters, and all others concerned. I

have not yet learned the result of that application, and fearing that

delay may allow her to escape, I would respectfully urge you to detain

her in port until the proper legal steps can be taken.

I am well aware that your Government has conceded to the so-called

Confederate States the rights of belligerents, and is thereby bound to

respect Captain Semmes' commission; but having refused to recognize the

"Confederacy" as a nation, and having excluded his captures from all the

ports of the British Empire, the captures necessarily revert to their

real owners, and are forfeited by Captain Semmes as soon as they enter a

British port.

Hoping to receive an answer to this and the preceding letter as early as

possible, and that you will not construe my persistent course throughout

this correspondence on neutral rights as importunate, or my remarks as

inopportune, I have, &c.

_Mr. Rawson to Mr. Graham. August 12, 1863_.

I am directed by the Governor to acknowledge the receipt of your letter

of this date, and to acquaint you that it was not until late last

evening that his Excellency received from the naval Commander-in-chief

information that the condition of the Tuscaloosa was such as, as his

Excellency is advised, to entitle her to be regarded as a vessel of war.

The Governor is not aware, nor do you refer him to the provisions of

international law by which captured vessels, as soon as they enter our

neutral ports, revert to their real owners, and are forfeited by their

captors. But his Excellency believes that the claims of contending

parties to vessels captured can only be determined in the first instance

by the Courts of the captor's country.

The Governor desires me to add that he cannot offer any objection to the

tenor of the correspondence which you have addressed to him on this

subject, and that he is very sensible of the courtesy you have exhibited

under such very peculiar circumstances!!! He gives you credit for acting

on a strict sense of duty to your country.

_Mr. Graham to Sir P. Wodehouse. August_ 17, 1863.

I have delayed acknowledging the receipt of your last letter, dated the

12th August, on account of events transpiring, but which have not yet

culminated so as to form the subject of correspondence.

Your decision that the Tuscaloosa is a vessel of war, and by inference a

prize, astonishes me, because I do not see the necessary

incompatibility. Four guns were taken from on board the Talisman (also a

prize), and put on board the Conrad (Tuscaloosa), but that transfer did

not change the character of either vessel as a prize, for neither of

them could cease to be a prize till it had been condemned in an

Admiralty Court of the captor's country, which it is not pretended has

been done. The Tuscaloosa, therefore, being a prize, was forbidden to

enter Simon's Bay by the Queen's Proclamation, and should have been

ordered off at once; but she was not so ordered. Granting that Her

Majesty's Proclamation affirmed the right of Captain Semmes as a

belligerent to take and to hold prizes on the high seas, it just as

emphatically denied his right to hold them in British ports. Now, if he

could not hold them in Simon's Bay, who else could hold them except

those whose right to hold them was antecedent to his--that is, the,

owners?

The Tuscaloosa remained in Simon's Bay seven days with her original

cargo of skins and wool on board. This cargo, I am informed by those who

claim to know, has been purchased by merchants in Cape Town; and if it

should be landed here directly from the prize, or be transferred to

other vessels at some secluded harbour on the coast beyond this Colony,

and brought from thence here, the infringement of neutrality will be so

palpable and flagrant that Her Majesty's Government will probably

satisfy the claims of the owners gracefully and at once, and thus remove

all cause of complaint. In so doing it will have to disavow and

repudiate the acts of its executive agents here--a result I have done

all in my power to prevent.

Greater cause of complaint will exist if the cargo of the Sea Bride is

disposed of in the same manner, as I have reason to apprehend it will be

when negotiations are concluded; for being originally captured in

neutral waters, the thin guise of neutrality would be utterly torn into

shreds by the sale of her cargo here.

The Georgia, a Confederate war-steamer, arrived at Simon's Bay

yesterday, and the Florida, another vessel of the same class, has

arrived, or is expected hourly at Saldanha Bay, where she may remain a

week without your knowledge, as the place is very secluded. The Alabama

remained here in Table Bay nearly four days, and at Simon's Bay six

days; and as the Tuscaloosa was allowed to remain at Simon's Bay seven

days, I apprehend that the Georgia and Florida will meet with the same

or even greater favours. Under such circumstances further protests from

me would seem to be unavailing, and I only put the facts upon record for

the benefit of my Government and officials possessed of diplomatic

functions.

_Mr. Rawson to Mr. Graham. August_ 19, 1863.

I am directed by the Governor to acknowledge the receipt of your letter

of the 17th instant, and to state that he has, during the recent

transactions, endeavoured to act in strict conformity with the wishes of

Her Majesty's Government; he will in like manner pursue the same course

in any future cases which may arise.

I am to add that His Excellency has no reason to believe that either the

Alabama or the Tuscaloosa have been allowed to remain in the ports of

the Colony for a greater length of time than the state of the weather,

and the execution of the repairs of which they actually stood in need,

rendered indispensable.

_Statement of Joseph Hopson._

Joseph Hopson, keeper of the Green Point Lighthouse, states:

I was on the look-out on Wednesday afternoon when the Alabama and Sea

Bride were coming in. When I first saw them the steamer was coming round

the north-west of Robben Island, and the barque bore from or about five

miles west-northwest. The barque was coming in under all sail with a

good breeze, and she took nothing in when the gun was fired. I believe

two guns were fired, but the gun I mean was the last, and the steamer

then crossed the stern side of the barque, and hauled up to her on the

starboard side. He steamed ahead gently, and shortly afterwards I saw

the barque put round with her head to the westward, and a boat put off

from the steamer and boarded her. Both vessels were then good five miles

off the mainland, and quite five, if not six, from the north-west point

of Robben Island.

_Statement of W.S. Field, Collector of Customs._

I was present at the old Lighthouse, Green Point, on Wednesday

afternoon, at 2 P.M., and saw the Alabama capture the American barque

Sea Bride, and I agree with the above statement as far as the position

of the vessels and their distance from shore.

I may also remark that I called the attention of Colonel Bisset and the

lighthouse keeper Hopson to the distance of the vessels at the time of

the capture, as it was probable we should be called upon to give our

evidence respecting the affair, and we took a note of the time it

occurred.

_Statement of John Roe._

I was yesterday, the 5th day of August, 1863, returning from a whale

chase in Hunt's Bay, when I first saw the barque Sea Bride standing from

the westward on to the land. I came on to Table Bay, and when off Camps

Bay I saw the smoke of the Alabama some distance from the westward of

Robben Island. When I reached the Green Point Lighthouse the steamer was

standing up towards the barque, which was about five miles and a half to

the westward of Green Point, and about four and half from the western

point of Robben Island. This was their position (being near each other

at the time) when the gun was fired.

_Statement of Signalman at the Lion's Rump Telegraph Station._

On Wednesday last, the 5th day of August, 1863, I sighted the barque Sea

Bride about seven o'clock in the morning, about fifteen or twenty miles

off the land, standing into Table Bay from the south-west. There was a

light breeze blowing from the north-west, which continued until after

midday. About midday I sighted the Alabama screw steamer standing from

due north towards Table Bay, intending, as it appeared to me, to take

the passage between Robben Island and the Blueberg Beach. She was then

between fifteen and eighteen miles off the land.

After sighting the steamer, I hoisted the demand for the barque, when

she hoisted the American flag, which I reported to the Port Office, the

barque then being about eight miles off the land from Irville Point. No

sooner had the barque hoisted the American flag than the steamer turned

sharp round in the direction of and towards the barque. The steamer

appeared at that time to have been about twelve miles off the land from

Irville Point, and about four or five miles outside of Robben Island,

and about seven miles from the barque.

The steamer then came up to and alongside of the barque, when the latter

was good four miles off the land at or near the old Lighthouse, and five

miles off the Island. The steamer, after firing a gun, stopped the

further progress of the barque, several boats were sent to her, and

after that the barque stood out to sea again, and the Alabama steamed

into Table Bay.

_Captain Forsyth to Sir P. Wodehouse. August_ 6, 1863.

In compliance with the request conveyed to me by your Excellency, I have

the honor to report that I have obtained from Captain Semmes a statement

of the positions of the Confederate States steamer Alabama and the

American barque Sea Bride, when the latter was captured yesterday

afternoon.

Captain Semmes asserts that at the time of his capturing the Sea Bride,

Green Point Lighthouse bore from the Alabama south-east about six or six

and a half miles.

This statement is borne out by the evidence of Captain Wilson, Port

Captain of Table Bay, who has assured me that at the time of the Sea

Bride being captured, he was off Green Point in the port boat, and that

only the top of the Alabama's hull was visible.

I am of opinion, if Captain Wilson could only see that portion of the

hull of the Alabama, she must have been about the distance from the

shore which is stated by Captain Semmes, and I have therefore come to

the conclusion that the barque Sea Bride was beyond the limits assigned

when she was captured by the Alabama.

_Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.

September_ 17, 1863.

With reference to my letters dated respectively the 19th and 31st

ultimo, relative to the Confederate States ship of war Alabama, and the

prizes captured by her, I beg to inclose, for their Lordships'

information, the copy of a statement forwarded to me by the Collector of

Customs at Cape Town, wherein it is represented that the Tuscaloosa and

Sea Bride had visited Ichaboe, which is a dependency of this Colony.

2. Since the receipt of the above-mentioned document, the Alabama

arrived at this anchorage (the 16th instant), and when Captain Semmes

waited on me, I acquainted him with the report, requesting he would

inform me if it was true. I was glad to learn from him that it was not

so. He frankly explained that the prize Sea Bride in the first place had

put into Saldanha Bay through stress of weather, and on being joined

there by the Tuscaloosa, both vessels proceeded to Angra Pequena, on the

West Coast of Africa, where he subsequently joined them in the Alabama,

and there sold the Sea Bride and her cargo to an English subject who

resides at Cape Town. The Tuscaloosa had landed some wool at Angra

Pequena and received ballast, but, he states, is still in commission as

a tender. It will, therefore, be seen how erroneous is the accompanying

report. I have no reason to doubt Captain Semmes' explanation; but he

seems to be fully alive to the instructions of Her Majesty's Government,

and appears to be most anxious not to commit any breach of neutrality.

3. The Alabama has returned to this port for coal, some provisions, and

to repair her condensing apparatus.

4. From conversation with Captain Semmes, I find that he has been off

this Cape for the last five days, and as the Vanderbilt left this on the

night of the 11th instant, it is surprising they did not see each other.

_The Duke of Newcastle to Sir P. Wodehouse. November 4, 1863_.

I have received your despatch of the 19th August last, submitting for my

consideration various questions arising out of the proceedings at the

Cape of Good Hope of the Confederate vessels Georgia, Alabama, and her

reputed tender, the Tuscaloosa.

I will now proceed to convey to you the views of Her Majesty's

Government on these questions.

The capture of the Sea Bride, by the Alabama, is stated to have been

effected beyond the distance of three miles from the shore--which

distance must be accepted as the limit of territorial jurisdiction,

according to the present rule of international law upon that subject. It

appears, however, that the prize, very soon after her capture, was

brought within the distance of two miles from the shore; and as this is

contrary to Her Majesty's orders, it might have afforded just grounds

(if the apology of Captain Semmes for this improper act, which he

ascribed to inadvertence, had not been accepted by you) for the

interference of the colonial authorities upon the principles which I am

about to explain.

With respect to the Alabama herself, it is clear that neither you nor

any other authority at the Cape could exercise any jurisdiction over

her; and that, whatever may have been her previous history, you were

bound to treat her as a ship of war belonging to a belligerent Power.

With regard to the vessel called the Tuscaloosa, I am advised that this

vessel did not lose the character of a prize captured by the Alabama,

merely because she was, at the time of her being brought within British

waters, armed with two small rifled guns, in charge of an officer, and

manned with a crew of ten men from the Alabama, and used as a tender to

that vessel under the authority of Captain Semmes.

It would appear that the Tuscaloosa is a barque of 500 tons, captured by

the Alabama, off the coast of Brazil, on the 21st of June last, and

brought into Simon's Bay on or before the 7th of August, with her

original cargo of wool (itself, as well as the vessel, prize) still on

board, and with nothing to give her a warlike character (so far as is

stated in the papers before me), except the circumstances already

noticed.

Whether, in the case of a vessel duly commissioned as a ship of war,

after being made prize by a belligerent Government, without being first

brought _infra praesidia_, or condemned by a court of prize, the

character of prize, within the meaning of Her Majesty's orders, would or

would not be merged in that of a national ship of war, I am not called

upon to explain. It is enough to say that the citation from Mr.

Wheaton's book by your attorney-general does not appear to me to have

any direct bearing upon the question.

Connected with this subject is the question as to the cargoes of

captured vessels, which is alluded to at the end of your despatch. On

this point I have to instruct you that Her Majesty's orders apply as

much to prize cargoes of every kind which may be brought by any armed

ships or privateers of either belligerent into British waters as to the

captured vessels themselves. They do not, however, apply to any articles

which may have formed part of any such cargoes, if brought within

British jurisdiction, not by armed ships or privateers of either

belligerent, but by other persons who may have acquired or may claim

property in them by reason of any dealings with the captors.

I think it right to observe that the third reason alleged by the

attorney-general for his opinion assumes (though the fact had not been

made the subject of any inquiry) that "no means existed for determining

whether the ship had or had not been judicially condemned in a court of

competent jurisdiction," and the proposition that, "_admitting her to

have been captured by a ship of war of the Confederate States_, she was

entitled to refer Her Majesty's Government, in case of any dispute, to

the court of her States in order to satisfy it as to her real

character." This assumption, however, is not consistent with Her

Majesty's undoubted right to determine within her own territory whether

her own orders, made in vindication of her own neutrality, have been

violated or not.

The question remains what course ought to have been taken by the

authorities of the Cape--

1st. In order to ascertain whether this vessel was, as alleged by the

United States Consul, an uncondemned prize brought within British waters

in violation of Her Majesty's neutrality; and

2dly. What ought to have been done if such had appeared to be really the

fact.

I think that the allegations of the United States Consul ought to have

been brought to the knowledge of Captain Semmes while the Tuscaloosa

was still within British waters, and that he should have been requested

to state whether he did or did not admit the facts to be as alleged. He

should also have been called upon (unless the facts were admitted) to

produce the Tuscaloosa's papers. If the result of these inquiries had

been to prove that the vessel was really an uncondemned prize, brought

into British waters in violation of Her Majesty's orders made for the

purpose of maintaining her neutrality, I consider that the mode of

proceeding in such circumstances, most consistent with Her Majesty's

dignity, and most proper for the vindication of her territorial rights,

would have been to prohibit the exercise of any further control over the

Tuscaloosa by the captors, and to retain that vessel under Her Majesty's

control and jurisdiction until properly reclaimed by her original

owners.

_Sir P. Wodehouse to the Duke of Newcastle. December_ 19, 1863.

I have had the honour to receive your Grace's despatch of the 4th

ultimo, from which I regret to learn that the course taken here relative

to the Confederate war steamer Alabama and her prizes has not in some

respects given satisfaction to Her Majesty's Government.

I must only beg your Grace to believe that no pains were spared by the

late Acting Attorney-General or by myself to shape our course in what we

believed to be conformity with the orders of Her Majesty's Government

and the rules of international law, as far as we could ascertain and

interpret them.

Mr. Denyssen has been so constantly engaged with professional business

since the arrival of the mail that I have been prevented from discussing

with him the contents of your despatch; but I think it right,

nevertheless, to take advantage of the first opportunity for

representing to your Grace the state of uncertainty in which I am placed

by the receipt of this communication, and for soliciting such further

explanations as may prevent my again falling into error on these

matters. In so doing I trust you will be prepared to make allowance for

the difficulties which must arise out of this peculiar contest, in

respect of which both parties stand on a footing of equality as

belligerents, while only one of them is recognized as a nation.

In the first place, I infer that I have given cause for dissatisfaction

in not having more actively resented the fact that the Sea Bride, on the

day after her capture, was brought a short distance within British

waters.

Your Grace demurs to my having accepted Captain Semmes' apology for this

improper act, which he ascribed to inadvertence. You will pardon my

noticing that the fact of the act having been done through inadvertence

was established by the United States Consul himself, one of whose

witnesses stated, "the officer in command of the barque came on deck

about that time, and stamping his foot as if chagrined to find her so

near the land, ordered her further off, which was done immediately."

I confess that on such evidence of such a fact I did not consider myself

warranted in requiring the commander of Her Majesty's ship Valorous to

take possession of the Alabama's prize.

The questions involved in the treatment of the Tuscaloosa are far more

important and more embarrassing; and first let me state, with reference

to the suggestion that Captain Semmes should have been required to admit

or deny the allegations of the United States Consul, that no such

proceeding was required. There was not the slightest mystery or

concealment of the circumstances under which the Tuscaloosa had come

into, and then was in possession of the Confederates. The facts were not

disputed. We were required to declare what was her actual status under

those facts. We had recourse to Wheaton, the best authority on

International Law within our reach--an authority of the nation with whom

the question had arisen--an authority which the British Secretary for

Foreign Affairs had recently been quoting in debates on American

questions in the House of Lords.

Your Grace intimates that the citation from this authority by the Acting

Attorney-General does not appear to have any direct bearing upon the

question.

You will assuredly believe that it is not from any want of respect for

your opinion, but solely from a desire to avoid future error, that I

confess my inability to understand this intimation, or, in the absence

of instructions on that head, to see in what direction I am to look for

the law bearing on the subject.

The paragraph cited made no distinction between a vessel with cargo and

a vessel without cargo; and your Grace leaves me in ignorance whether

her character would have been changed if Captain Semmes had got rid of

the cargo before claiming for her admission as a ship of war. Certainly,

acts had been done by him which, according to Wheaton, constituted a

"setting forth as a vessel of war."

Your Grace likewise states, "Whether in the case of a vessel duly

commissioned as a ship of war, after being made prize by a belligerent

Government without being first brought _infra praesidia_, or condemned

by a Court of Prize, the character of prize, within the meaning of Her

Majesty's orders, would or would not be merged in a national ship of

war, I am not called upon to explain."

I feel myself forced to ask for further advice on this point, on which

it is quite possible I may be called upon to take an active part. I have

already, in error apparently, admitted a Confederate prize as a ship of

war. The chief authority on International Law, in which it is in my

power to refer, is Wheaton, who apparently draws no distinction between

ships of war and other ships when found in the position of prizes; and I

wish your Grace to be aware that within the last few days the commander

of a United States ship of war observed to me that if it were his good

fortune to capture the Alabama, he should convert her into a Federal

cruiser.

I trust your Grace will see how desirable it is that I should be fully

informed of the views of Her Majesty's Government on these points, and

that I shall be favoured with a reply to this despatch at your earliest

convenience.

_Rear-Admiral Sir B. Walker to the Secretary to the Admiralty. January_

5, 1864.

I request you will be pleased to acquaint my Lords Commissioners of the

Admiralty that the barque called the Tuscaloosa, under the flag of the

Confederate States of North America (referred to in my letter of the

19th of August last), termed a tender to the Alabama, returned to this

anchorage on the 26th ultimo from cruising off the coast of Brazil.

2. In order to ascertain the real character of this vessel, I directed

the boarding officer from my flag-ship to put the questions, as per

inclosure No. 1, to the officer in command, Lieutenant Low, of the

Alabama; and having satisfied myself from his answers that the vessel

was still an uncondemned prize captured by the Alabama under the name of

the Conrad, of Philadelphia, I communicated the circumstances to the

Governor of this Colony, who, concurring in opinion with me that she

ought to be retained under Her Majesty's control and jurisdiction until

reclaimed by her proper owners, for violation of Pier Majesty's orders

for the maintenance of her neutrality, I caused the so-called

Tuscaloosa to be taken possession of; informing Lieutenant Low, at the

same time, of the reason for doing so.

3. Lieutenant Low has entered a written protest against the seizure of

the vessel, a copy of which, together with the reply of the Governor, I

inclose for their Lordships' information, as well as a copy of all the

correspondence which has passed on this subject.

4. Lieutenant Low having informed me that he expects the Alabama shortly

to arrive at this place, I have allowed him and his crew to remain on

board the Conrad for the present; but should the Alabama not make her

appearance I have acquainted him that I will grant him and his officers

(probably only one besides himself) a passage to England in one of the

packets. The crew he wishes to discharge if there is no opportunity of

their rejoining the Alabama.

5. The vessel in question is at present moored in this bay, in charge of

an officer and a few men belonging to Her Majesty's ship Narcissus,

where she will remain until she can be properly transferred to her

lawful owners, as requested by the Governor.

_Questions to be put to the Officer in Command or Charge of the barque

Tuscaloosa, carrying the Flag of the so-called Confederate States of

America._

Ship's name and nation?--Tuscaloosa. Confederate.

Name and rank of officer in command?--Lieutenant Low, late Alabama.

Tonnage of the ship?--500.

Number of officers and men on hoard?--4 officers and 20 men.

Number and description of guns on board?--3 small brass guns, 2 rifled

12 pounders, 1 smooth-bore-pounder.

Where is she from?--St. Katherine's, Brazils.

Where is she bound?--Cruising.

For what purpose has the ship put into this port?--For repairs and

supplies.

Is it the same ship that was captured by the Alabama, and afterwards

came to this port on the 9th of August last?--Yes.

What was her original name, on being captured by the Alabama?--Conrad,

of Philadelphia.

When was she captured by Alabama?--21st June, 1863.

To what nation and to whom did she belong before her capture?--Federal

States of America.

Has she been taken before any legally constituted Admiralty Court of the

Confederate States?--No.

Has she been duly condemned as a lawful prize by such Court to the

captors?--No.

What is she now designated?--Tender to the Alabama.

What papers are there on board to constitute her as the Confederate

barque Tuscaloosa?--The commission of the Lieutenant commanding the

Tuscaloosa from Captain Semmes. The officers also have commissions to

their ship from him.

Are the papers which belonged to her before she was seized by the

Alabama on board?--No.

Is there any cargo on board, and what does it consist of?--No

cargo--only stores for ballast.

(Signed) JOHN LOW,

_Lieut.-Commander, Confederate States barque Tuscaloosa._

(Signed) FRANCIS L. WOOD,

_Lieutenant and Boarding Officer, Her Majesty's ship Narcissus._

_Rear-Admiral Sir B. Walker to Lieutenant Low, C.S.N. December_ 27,

1863.

As it appears that the Tuscaloosa, under your charge and command, is a

vessel belonging to the Federal States of America, having been captured

by the Confederate States ship of war Alabama, and not having been

adjudicated before any competent Prize Court, is still an uncondemned

prize, which you have brought into this port in violation of Her

Britannic Majesty's orders for the maintenance of her neutrality, I have

the honour to inform you that, in consequence, I am compelled to detain

the so-called Tuscaloosa (late Conrad) with a view of her being restored

to her original owners, and I request you will be so good as to transfer

the charge of the vessel to the officer bearing this letter to you.

_Rear-Admiral Sir B. Walker to Sir P. Wodehouse. December_ 28, 1863.

I have the honour to inform your Excellency that, acting upon your

concurrence in my opinion with reference to the instructions received

from home by the last mail, I have detained the barque Tuscaloosa (late

Conrad of Philadelphia), because she is an uncondemned prize, taken by

the Confederate States ship of war Alabama, and brought into British

waters in violation of Her Majesty's Orders for maintaining her

neutrality, and with the view to her being restored to her original

owners.

I shall be ready to hand her over to the Consul of the United States at

Cape Town, or to any person you may appoint to take charge of her.

I should add that Lieutenant Low has given up the Tuscaloosa (late

Conrad) under protest, which he is about to make in writing, a copy of

which shall be transmitted to your Excellency as soon as received.

_Lieutenant Low, C.S.N., to Sir P. Wodehouse. December_ 28, 1863

As the officer in command of the Confederate States ship Tuscaloosa,

tender to the Confederate States steamer Alabama, I have to record my

protest against the recent extraordinary measures which have been

adopted towards me and the vessel under my command by the British

authorities of this Colony.

In August last the Tuscaloosa arrived in Simon's Bay. She was not only

recognised in the character which she lawfully claimed and still claims

to be, viz., a commissioned ship of war belonging to a belligerent

Power, but was allowed to remain in the harbour for the period of seven

days, taking in supplies and effecting repairs with the full knowledge

and sanction of the authorities.

No intimation was given that she was regarded in the light of an

ordinary prize, or that she was considered to be violating the laws of

neutrality. Nor, when she notoriously left for a cruise on active

service, was any intimation whatever conveyed that on her return to the

port of a friendly Power, where she had been received as a man-of-war,

she would be regarded as a "prize," as a violater of the Queen's

proclamation of neutrality, and consequently liable to seizure. Misled

by the conduct of Her Majesty's Government, I returned to Simon's Bay on

the 26th instant, in very urgent want of repairs and supplies; to my

surprise I find the Tuscaloosa is now no longer considered as a

man-of-war, and she has by your orders, as I learn, been seized for the

purpose of being handed over to the person who claims her on behalf of

her late owners.

The character of the vessel, viz., that of a lawful commissioned

man-of-war of the Confederate States of America, has not been altered

since her first arrival in Simon's Bay, and she, having been once fully

recognised by the British authorities in command in this Colony, and no

notice or warning of change of opinion or of friendly feeling having

been communicated by public notification or otherwise. I was entitled to

expect to be again permitted to enter Simon's Bay without molestation.

In perfect good faith I returned to Simon's Bay for mere necessaries,

and in all honour and good faith, in return, I should on change of

opinion or of policy on the part of the British authorities, have been

desired to leave the port again.

But by the course of proceedings taken, I have been (supposing the view

now taken by your Excellency's Government to be correct) first misled

and next entrapped.

My position and character of my ship will most certainly be vindicated

by my Government. I am powerless to resist the affront offered to the

Confederate States of America by your Excellency's conduct and

proceedings.

I demand, however, the release of my ship; and if this demand be not

promptly complied with, I hereby formally protest against her seizure,

especially under the very peculiar circumstances of the case.

_Mr. Bawson to Lieutenant Low, C.S.N. December_ 29, 1863.

I am directed by the Governor to acknowledge the receipt of your letter

of yesterday's date protesting against the seizure of the Tuscaloosa,

whose character you represent to be the same as when, in August last,

she was admitted into the port of Simon's Bay, and I am to acquaint you

in reply that a full report was submitted to Her Majesty's Government of

all that took place on the first visit of the Tuscaloosa, and that the

seizure has now been made in conformity with the opinion expressed by

them on that report.

Your protest will of course be transmitted for their consideration.

_Rear-Admiral Sir B. Walker to Sir P. Wodehouse. December_ 29, 1863.

Lieutenant Low, the officer belonging to the Confederate States ship of

war Alabama, late in charge of the barque called the Tuscaloosa

(properly the Conrad of Philadelphia), having sent me a copy of the

protest which he has forwarded to your Excellency against the detention

of that vessel, I think it right to inclose for your information the

copy of my letter to Lieutenant Low[18] explaining the circumstances

under which the so-called Tuscaloosa is detained.

[Footnote 18: This letter is not given in the Blue Book.]

_Sir P. Wodehouse to the Duke of Newcastle. January_ 11, 1864.

I very much regret having to acquaint your Grace that the Confederate

prize vessel the Tuscaloosa has again entered Simon's Bay, and that the

Naval Commander-in-chief and myself have come to the conclusion that, in

obedience to the orders transmitted to his Excellency by the Admiralty,

and to me by your Grace's despatch of the 4th November last, it was our

duty to take possession of the vessel, and to hold her until properly

claimed by her original owners. The Admiral, therefore, sent an officer

with a party of men from the flag-ship to take charge of her, and to

deliver to her commander a letter in explanation of the act. Copies of

his protest, addressed to me, and of my reply, are inclosed. He not

unnaturally complains of having been now seized, after he had on the

previous occasion been recognised as a ship of war. But this is

manifestly nothing more than the inevitable result of the overruling by

Her Majesty's Government of the conclusion arrived at on the previous

occasion by its subordinate officer.

The Consul for the United States, on being informed of what had taken

place, intimated his inability to take charge of the ship on account of

the owners, and expressed a desire that it should remain in our charge

until he was put in possession of the requisite authority. Accordingly,

after taking the opinion of the Attorney-General, it was arranged that

the vessel should remain in the charge of Sir Baldwin Walker.

I ought to explain that the seizure was made without previous reference

to the Attorney-General. I did not consider such a reference necessary.

The law had been determined by Her Majesty's Government on the previous

case. The Admiral was of opinion that we had only to obey the orders we

had received, and on his intimating that opinion I assented.

Your Grace will observe that at the request of the officers of the

Tuscaloosa the Admiral has permitted them to remain on board, in

expectation of the immediate arrival of the Alabama, to which ship they

wish to return. I should otherwise have thought it my duty to provide

them with passages to England at the cost of Her Majesty's Government,

by whom, I conclude, they would be sent to their own country; and it is

probable that if the Alabama should not soon make her appearance, such

an arrangement will become necessary.

I have only to add that I have thought it advisable, after what has now

occurred, to intimate to the United States Consul that we should

probably be under the necessity of adopting similar measures in the

event of an uncondemned prize being fitted for cruising, and brought

into one of our ports by a Federal ship of war. I did not speak

positively, because I have been left in doubt by your Grace's

instructions whether some distinction should not be drawn in the case of

a ship of war of one belligerent captured and applied to the same use by

the other belligerent, but the Consul was evidently prepared for such a

step. Copies of all the correspondence are inclosed.

_Mr. Rawson to Mr. Graham. December_ 28, 1863.

I am directed by the Governor to acquaint you that the Tuscaloosa having

again arrived in Simon's Bay, will, under instructions lately received

from Her Majesty's Government, be retained under Her Majesty's control

and jurisdiction until properly reclaimed by her original holders.

_Mr. Graham to Sir P. Wodehouse. December_ 28, 1863.

I have to acknowledge the receipt of your letter of yesterday's date in

reference to the Tuscaloosa.

By virtue of my office as Consul for the United States of America in the

British possessions of South Africa, of which nation the original owners

of the Conrad _alias_ Tuscaloosa are citizens, I possess the right to

act for them when both they and their special agents are absent, I can

institute a proceeding _in rem_ where the rights of property of

fellow-citizens are concerned, without a special procuration from those

for whose benefit I act, but cannot receive actual restitution of the

_res_ in controversy, without a special authority. (See United States

Statutes at Large, vol. i., p. 254, notes 2 and 3.)

Under these circumstances I am content that the vessel in question

should for the present, or until the properly authenticated papers and

power of attorney shall be received from the owners in America, remain

in possession and charge of Her Majesty's naval officers. But should it

hereafter be determined to give the vessel up to any party other than

the real owners, I desire to have sufficient notice of the fact, so that

I may take the proper steps to protect the interests of my absent

fellow-citizens.

With regard to the property of American citizens seized here at the

Custom-house, and which was formerly part of the Sea Bride's cargo, I

would suggest that it also be held by the Colonial Government, subject

to the order of the original owners. An announcement to that effect from

you would be received with great satisfaction by me.

[Illustration: THE MESURADO LAGOON]

_Rear-Admiral Sir B. Walker to the Secretary to the Admiralty. January

18, 1864_.

With reference to my letter of the 5th instant, I have the honour to

submit, for their Lordships' information, a further correspondence

between the Governor of this Colony and myself relative to the American

vessel Conrad, of Philadelphia, lately called the Tuscaloosa.

2. Lieutenant Low, belonging to the Confederate States ship of war

Alabama, lately in charge of the Tuscaloosa, having paid off and

discharged his crew, finally quitted the vessel on the 9th instant; and

I have ordered him a passage to England by the mail-packet Saxon,

together with his first officer, Mr. Sinclair.

3. The Conrad now remains in charge of a warrant officer and two

ship-keepers, awaiting to be properly claimed or disposed of as the

Government may direct.

_Rear-Admiral Sir B. Walker to Sir P. Wodehouse. January 6, 1864_.

With reference to your Excellency's communication of yesterday's date, I

have the honour to inform you that I will make arrangements for the safe

custody of the Conrad, of Philadelphia (late Tuscaloosa), by mooring her

in this bay, and putting ship-keepers in charge of her, until she can be

properly transferred to her lawful owners.

Lieutenant Low has requested to be allowed to remain on board the

vessel, together with his crew, for the present, as he expected the

Alabama to arrive here shortly, to which arrangement I have made no

objection.

There are some guns and other articles on board the Conrad said to

belong to the Alabama, a list of which I have already forwarded to your

Excellency. It is a matter for consideration how these things should be

disposed of.

I think, as a precautionary measure, it may be desirable that some

person on the part of the United States Consul should visit the Conrad,

to observe the state she is in, on being taken into British custody, to

prevent any question thereon hereafter.

_The Duke of Newcastle to Sir P. Wodehouse. March 4, 1864_.

I have received your despatches of the 11th and 19th January, reporting

the circumstances connected with the seizure of the Confederate

prize-vessel Tuscaloosa, under the joint authority of the Naval

Commander-in-chief and yourself. I have to instruct you to restore the

Tuscaloosa to the Lieutenant of the Confederate States who lately

commanded her, or, if he should have left the Cape, then to retain her

until she can be handed over to some person who may have authority from

Captain Semmes, of the Alabama, or from the Government of the

Confederate States, to receive her.

You will receive a further communication from me on this subject by the

next mail.

_The Duke of Newcastle to Sir P. Wodehouse. March 10, 1864_.

In my despatch of the 4th instant, I instructed you to restore the

Tuscaloosa to the Lieutenant of the Confederate States who lately

commanded her, or, if he should have left the Cape, then to retain her

until she could be handed over to some person having authority from

Captain Semmes, of the Alabama, or from the Government of the

Confederate States, to receive her.

I have now to explain that this decision was not founded on any general

principle respecting the treatment of prizes captured by the cruisers of

either belligerent, but on the peculiar circumstances of the case. The

Tuscaloosa was allowed to enter the port of Cape Town and to depart, the

instructions of the 4th of November not having arrived at the Cape

before her departure. The Captain of the Alabama was thus entitled to

assume that he might equally bring her a second time into the same

harbor, and it becomes unnecessary to discuss whether, on her return to

the Cape, the Tuscaloosa still retained the character of a prize, or

whether she had lost that character, and had assumed that of an armed

tender to the Alabama, and whether that new character, if properly

established and admitted, would have entitled her to the same privilege

of admission which might be accorded to her captor, the Alabama.

Her Majesty's Government have, therefore, come to the opinion, founded

on the special circumstances of this particular case, that the

Tuscaloosa ought to be released, with a warning, however, to the Captain

of the Alabama, that the ships of war of the belligerents are not to be

allowed to bring prizes into British ports, and that it rests with Her

Majesty's Government to decide to what vessels that character belongs.

In conclusion, I desire to assure you that neither in this despatch, nor

in that of the 4th November, I have desired in any degree to censure you

for the course you have pursued. The questions on which you have been

called upon to decide, are questions of difficulty, on which doubts

might properly have been entertained, and I am by no means surprised

that the conclusions to which you were led have not, in all instances,

been those which have been adopted on fuller consideration by Her

Majesty's Government.

_Captain Semmes, C.S.N., to Rear-Admiral Sir B. Walker, dated C.S.S.

Alabama; Table Bay, March 22, 1864_.

Sir:--I was surprised to learn upon my arrival at this port of the

detention by your order of the Confederate States barque Tuscaloosa, a

tender to this ship. I take it for granted that you detained her by

order of the Home Government, as no other supposition is consistent with

my knowledge of the candour of your character--the Tuscaloosa having

been formerly received by you as a regularly commissioned tender, and no

new facts appearing in the case to change your decision. Under these

circumstances I shall not demand of you the restoration of that vessel,

with which demand you would not have the power to comply, but will

content myself with putting this my protest against this detention on

the record of the case for the future consideration of our respective

Governments.

Earl Russell, in reaching the decision which he has communicated to you,

must surely have misapprehended the facts, otherwise I cannot conceive

him capable of so misapplying the law. The facts are briefly

these:--1st. The Tuscaloosa was formerly the enemy's ship Conrad,

lawfully captured by me on the high seas, as a recognized belligerent;

2dly. She was duly commissioned by me as a tender to the Confederate

States steamer Alabama, then, as now, under my command; and 3dly. She

entered English waters not only without intention of violating Her

Britannic Majesty's orders of neutrality, but was received with

hospitality, and no question was raised as to her right to enter under

the circumstances. These were the facts up to the time of Earl Russell's

issuing to you his order in the premises. Let us consider, then, a

moment, and see if we can derive from them, or any of them, just ground

for the extraordinary decision to which Earl Russell has come.

My right to capture and the legality of the capture will not be denied.

Nor will you deny, in your experience as a naval officer, my right to

commission this, or any other ship lawfully in my possession, as a

tender to my principal ship. Your admirals do this every day, on distant

stations; and the tender, from the time of her being put in commission,

wears a pennant, and is entitled to the immunities and privileges of a

ship of war, the right of capture inclusive.

Numerous decisions are to be found in your own prize law to this effect.

In other words, this is one of the recognised modes of commissioning a

ship of war, which has grown out of the convenience of the thing, and

become a sort of naval common law, as indisputable as the written law

itself. The only difference between the commission of such a ship and

that of a ship commissioned by the sovereign authority at home is that

the word "tender" appears in the former commission and not in the

latter. The Tuscaloosa having then been commissioned by me in accordance

with the recognised practice of all civilized nations that have a

marine, can any other Government than my own look into her antecedents?

Clearly not. The only thing which can be looked at upon her entering a

foreign port is her commission. If this be issued by competent

authority, you cannot proceed a step further. The ship then becomes a

part of the territory of the country to which she belongs, and you can

exercise no more jurisdiction over her than over that territory. The

self-respect and the independence of nations require this; for it would

be a monstrous doctrine to admit that one nation may inquire into the

title by which another nation holds her ships of war. And there can be

no difference in this respect between tenders and ships originally

commissioned. The flag and the pennant fly over them both, and they are

both withdrawn from the local jurisdiction by competent commissions. On

principle you might as well have enquired into the antecedents of the

Alabama, as of the Tuscaloosa. Indeed, you had a better reason for

inquiring into the antecedents of the former than of the latter, it

having been alleged that the former escaped from England in violation of

your Foreign Enlistment Act. Mr. Adams, the United States Minister, did

in fact demand that the Alabama should be seized, but Earl Russell, in

flat and most pointed contradiction of his late conduct in the case of

the Tuscaloosa, gave him the proper legal reply, to wit: that the

Alabama being now a ship of war, he was estopped from looking into her

antecedents. One illustration will suffice to show you how untenable

your position is in this matter. If the Tuscaloosa's commission be

admitted to have been issued by competent authority, and in due form

(and I do not understand this to be contested except on the ground of

her antecedents), she is as much a ship of war as the Narcissus, your

flag-ship. Suppose you should visit a French port, and the port admiral

should request you to haul down your flag on the ground that you had had

no sufficient title to the ship before she was commissioned, or that she

was a contract ship and you had not paid for her, and the builder had a

lien on her, or that you had captured her from the Russians, and had not

had her condemned by a prize court, what would you think of the

proceeding? And how does the case supposed differ from the one in hand?

In both it is a pretension on the part of a foreign power to look into

the antecedents of a ship of war--neither more nor less in the one case

than in the other. I will even put the case stronger. If it be admitted

that I had the right to commission a tender, and the fact had been that

I had seized a French ship and put her in commission, you could not

inquire into the fact. You would have no right to know but that I had

the orders of my Government for this seizure. In short, you would have

no right to inquire into the matter at all. My ship being regularly

commissioned, I am responsible to my Government for my acts, and my

Government, in the case supposed, would be responsible to France, and

not to you. If this reasoning be correct--and with all due submission to

his lordship I think it is sustained by the plainest principles of the

international code--it follows that the condemnation of a prize in a

prize court is not the only mode of changing the character of a captured

ship. When the sovereign of the captor puts his own commission on board

such a ship, this is a condemnation in its most solemn form, and is

notice to all the world. On principle, if a ship thus commissioned were

recaptured, the belligerent prize court could not restore her to her

original owner, but must condemn her as a prize ship of war of the enemy

to the captors; for prize courts are international courts, and cannot

go behind the pennant and commission of the cruiser.

Further, as to this question of adjudication, your letter to Lieutenant

Low, the late commander of the Tuscaloosa, assumes that, as the

Tuscaloosa was not condemned, she was therefore the property of the

enemy from whom she had been taken. Condemnation is intended for the

benefit of neutrals, and to quiet the titles of purchasers, but is never

necessary as against the enemy. His right is taken away by force, and

not by any legal process, and the possession of his property _manu

forte_ is all that is required against him.

Earl Russell having decided to disregard these plain principles of the

laws of nations, and to go behind my commission, let us see what he next

decides.

His decision is this, that the Tuscaloosa being a prize, and having come

into British waters in violation of the Queen's orders of neutrality,

she must be restored to her original owner. The ship is not seized and

condemned for the violation of any municipal law, such as fraud upon the

revenue, &c.--as, indeed, she could not be so seized and condemned

without the intervention of a court of law--but by the strong arm of

executive power he wrests my prize from me, and very coolly hands her

over to the enemy. It is admitted that all prizes, like other merchant

ships, are liable to seizure and condemnation for a palpable violation

of the municipal law; but that is not this case. The whole thing is done

under the international law. Now, there is no principle better

established than that neutrals have no right to interfere in any manner

between the captor and his prize, except in one particular instance, and

that is where the prize has been captured in neutral waters and

afterwards comes of her own accord within the neutral jurisdiction. In

that case, and in that case alone, the neutral prize court may

adjudicate the case, and if they find the allegation of _infra terminos_

proved, they may restore the property to the original owner.

If a lawful prize, contrary to prohibition, come within neutral waters,

the most the neutral can do is to order her to depart without

interfering in any manner with the captor's possession.

It is admitted that if she obstinately refuses to depart, or conducts

herself otherwise in an improper manner, she may be compelled to depart,

or may, indeed, be seized and confiscated as a penalty for her offence.

But there is no plea of that kind set up here. To show how sacred is the

title of mere possession on the part of a captor, permit me to quote

from one of your own authorities. On page 42 of the first volume of

Phillimore on International Law, you will find the following passage:

"In 1654 a treaty was entered into between England and Portugal, by

which, among other things, both countries mutually bound themselves not

to suffer the ships and goods of the other taken by enemies and carried

into the ports of the other to be conveyed away from the original owners

or proprietors."

"Now, I have no scruple in saying (observes Lord Stowell in 1798) that

this is an article incapable of being carried into literal execution

according to the modern understanding of the law of nations; for no

neutral country can intervene to wrest from a belligerent prizes

lawfully taken. This is perhaps the strongest instance that could be

cited of what civilians call the _consuetudo obrogatoria."_

This being the nature of my title, the reasons should be very urgent

which should justify my being forcibly dispossessed of it. But there are

no such reasons apparent. It is not contended that there was any

misconduct on the part of the Tuscaloosa, unless her entry into a

British port as a Confederate cruiser be deemed misconduct. As stated in

the beginning of this letter, she had no intention of violating any

order of the Queen. Her error, therefore, if it were an error, is

entitled to be considered with gentleness and not with hardship. Her

error was the error of yourself and his Excellency the Governor, as well

as myself. We all agreed, I believe, that she was a lawfully

commissioned ship, and that her commission estopped all further enquiry.

In the meantime, she proceeds to sea thus endorsed, as it were, by the

Colonial authorities; your Home Government overrules your decision; the

Tuscaloosa returns in good faith to your port to seek renewed

hospitality under your orders of neutrality. And what happens? An

English officer, armed with your order, proceeds on board of her, turns

her commander and officers out of her, and assumes possession on the

ground that she has violated the Queen's orders; and this without any

warning to depart or any other notice whatever. In the name of all open

and fair dealing--in the name of frankness, candour, and good faith, I

most respectfully enter my protest against such an extreme,

uncalled-for, and apparently unfriendly course.

But the most extraordinary part of the proceeding has yet to be stated.

You not only divest me of my title to my prize, but you tell me that you

are about to hand her over to the enemy! On what principle this can be

done I am utterly at a loss to conceive. Although it may be competent to

a Government, in an extreme case, to _confiscate to the Exchequer_ a

prize, there is but one possible contingency in which the prize can be

restored to the opposite belligerent, and that is the one already

mentioned of a capture within neutral jurisdiction. And this is done on

the ground of the nullity of the original capture. The prize is

pronounced not to have been lawfully made, and this being the case, and

the vessel being within the jurisdiction of the neutral whose waters

have been violated, there is but one course to pursue. The vessel does

not belong to the captor, and as she does not belong to the neutral, as

a matter of course she belongs to the opposite belligerent, and must be

delivered up to him. But there is no analogy between that case and the

one we are considering. My capture cannot be declared a nullity. My

title is as good against the enemy as though condemnation had passed.

The vessel either belongs to me or to the British Government. If she

belongs to me, justice requires that she should be delivered up to me.

If she belongs (by way of confiscation) to the British Government, why

should that Government make a gratuitous present of her to one of the

belligerents rather than the other?

My Government cannot fail, I think, to view this matter in the light in

which I have placed it; and it is deeply to be regretted that a weaker

people struggling against a stronger for very existence should have so

much cause to complain of the unfriendly disposition of a Government

from which, if it represents truly the instincts of Englishmen, it had

the right to expect at least sympathy and kindness in the place of

rigour and harshness.

No. VII.

MEASUREMENTS OF THE ALABAMA.

We are indebted to Messrs. Laird Brothers, of Birkenhead, for the

following measurements of the Alabama:

Length About 230 feet.

Length between perpendiculars, " 213.8 "

Breadth of beam extreme, " 32.0 "

Depth moulded, " 19.9 "

Draft of water when complete, with about

300 tons coal in bunkers and stores on

board for a six months' cruise, " 15.0 "

Engines.--300 horse power collective.

Rig.--Three-masted schooner, with long lower masts and

yards on fore and mainmasts.

The hull of the vessel built of wood, the general arrangement

of scantling and materials being the same as in vessels of similar

class in Her Majesty's navy.

The vessel and machinery throughout were built by Messrs.

Laird Brothers at their works at Birkenhead.

THE END.