Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I
Mr. Adams to Mr. Seward.
Sir: I have the honor to transmit a copy of an official document printed for the use of Parliament, containing “Correspondence respecting the Tuscaloosa.”
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, &c., &c., &c.
List of Papers.
No. 1. The Secretary to the Admiralty to Mr. Hammond, September 26, 1863—eleven enclosures.
No. 2. Sir F. Rogers to Mr. Hammond, September 29,1863—forty enclosures.
No. 3. The Secretary to the Admiralty to Mr. Hammond, October 21, 1863— two enclosures.
No. 4. The Secretary to the Admiralty to Mr. Hammond, October 21, 1863— two enclosures.
No. 5. The Secretary to the Admiralty to Mr. Hammond, October 21, 1863.
No. 6. The Secretary to the Admiralty to Mr. Hammond, November 24, 1863.
No. 7. Mr. Elliot to Mr. Hammond, December 9, 1863—one enclosure.
No. 8. Mr. Elliot to Mr. Hammond, January 29, 1864—two enclosures.
[Page 348]No. 9. The Secretary to the Admiralty to Mr. Hammond, February 15, 1864— thirteen enclosures.
No. 10. Sir F. Rogers to Mr. Hammond, February 25, 1864—ten enclosures.
No. 11. The Secretary to the Admiralty to Mr. Hammond, February 25, 1864—eight enclosures.
No. 12. Mr. Elliot to Mr. Hammond, March 7, 1864—one enclosure.
No. 13. Sir F. Rogers to Mr. Hammond, March 11, 1864—one enclosure.
Return to the third paragraph of an address of the House of Lords, dated February 16, 1864, for “Return of claims made by British subjects upon the United States government, sustained either in person or in property, since the secession of the southern States, specifying how and the grounds on which such claims have been disposed of; also correspondence, or extracts from correspondence, relative to the capture of the Saxon by the United States ship Vanderbilt; and also copy of instructions to the colonial authorities relative to the detention of the Tuscaloosa.”
The Secretary to the Admiralty to Mr. Hammond.
Sir: I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Earl Russell, a copy of a letter from Rear-Admiral Sir Baldwin Walker, dated the 19th August, with copies of its enclosures, relative to the proceedings of vessels-of-war of the so-styled Confederate States of North America at the Cape of Good Hope.
I am, &c.,
Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.
Sir: 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 re ported that on the previous day she had been boarded by the confederate steamer Alabama, fifteen miles northwest of Green Point. After some inquiries the Alabama left her, steering southeast.
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.
[Page 349]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 learnt 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 corre spondence is enclosed.
7. On the 8th of August the tender Tuscaloosa, a sailing bark, 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 bring ing prizes into neutral ports for disposal of their cargoes, and secret arrange ments—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 anchor age 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 him self as most anxious not to violate the neutrality of these waters.
9. I should observe that, from the enclosed 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 Ameri can 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. This explanation I considered sufficient.
11. The tender Tuscaloosa, having been detained by a strong southeaster, got under way for the purpose of going to sea on the 14th instant, but anchored again a little distance from the Roman Rock light-house in conse quence of a 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, provisions, 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 ten der, 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’s 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 bark of 500 tons, having 2 small guns and 10 men.
I have, &c.,
Captain Semmes, Confederate States navy, to Governor Sir P. Wodehouse.
Sir: An opportunity is offered me by the coasting schooner Atlas to communicate with the Cape, of which I promptly avail myself.
I have the honor 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 mean time your excellency may rest assured that I will pay the strictest attention to the neutrality of your government.
I have, &c.,
Captain Forsyth to Rear-Admiral Sir B. Walker.
Sir: I have the honor to report my arrival here at 10.15 p. m. last evening, and found the confederate steamer Alabama had anchored at 3 p. m. previously.
This morning I put myself in communication with the commander of that vessel, and he informs me he intends leaving this anchorage at daylight to-morrow, or as soon as he has provisioned, and he proceeds to Simon’s bay for repairs; he also informed me he had a tender which he left cruising outside, and had ordered her to Simon’s bay, there to procure provisions.
On my visiting his excellency the governor he requested I would remain here a few days, provided you had no objections, in case of the arrival of the confederate vessel Florida, which is expected.
I have &c.,
Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse.
Sir: 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 enclose, strictly forbidding prizes captured by either of the contending parties in North America being admitted into our ports.
I have, &c.,
[Enclosure 5 in No. 1.]
Extract from “Wheaton’s Elements of International Law,” (vol. ii, p. 88.)
The title to property lawfully taken in war may, upon general principles, be considered as immediately divested from the original owner and transferred to the captor. This general principle is modified by the positive law of nations, in its application both to personal and real property. As to personal property or movables, the title is, in general, considered as lost to the former proprietor as soon as the enemy has acquired a firm possession, which, as a general rule, is considered as taking place after the lapse of twenty-four hours. The established usage of maritime nations has excepted from the operation of this rule the case of ships and goods captured at sea, the original title to which is not generally considered as completely divested until carried infra prœsidia, and regularly condemned in a competent court of prize.
Governor Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: I have the honor to acknowledge the receipt of your excellency’s letter of yesterday’s date, and to enclose 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 mean time 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.
I have, &c.,
[Enclosure 7 in No. 1.]
Extract 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 in 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 [Page 352] 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.
Sir: I have the honor 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 bark of five hundred 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 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 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 transshipment 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.
I have, &c.,
Governor Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: I have the honor 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 [Page 353] 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.
I have, &c,
Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse.
Sir: I have the honor to acknowledge the receipt of your excellency’s letter, dated yesterday, respecting the confederate bark 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.
I have, &c.,
Captain Forsyth to Governor Sir P. Wodehouse.
Sir: 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 bark Sea Bride when the latter was captured yesterday afternoon.
Captain Semmes asserts that, at the time of his capturing the Sea Bride, Green Point light-house bore, from the Alabama, southeast about 6 or 6½ 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 that, 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 Sea Bride was beyond the limits assigned when she was captured by the Alabama.
I have, &c.,
Sir F. Rogers to Mr. Hammond.—(Received September 30.
Sir: I am directed by the Duke of Newcastle to transmit to you, for the consideration of Earl Russell, the enclosed copy of a despatch from the governor of the Cape of Good Hope, reporting the arrival at the Cape of the confederate steamer Alabama, and requesting instructions on many questions that have arisen from the state of affairs consequent on the presence of this vessel in the colony.
I am, &c.,
Governor Sir P. E. Wodehouse to the Duke of Newcastle.
I beg to take this opportunity of making your grace acquainted with what has occurred here in connexion 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 of August, at Saldanha bay, announcing his having entered that bay with a view of 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 neutrality 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 bark 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 at 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 6) 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 unfavorable; 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, immediately released her.
In the mean time the United States consul had, on the 5th of August, addressed to me a written statement that the federal bark 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 [Page 355] 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 light-house, 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 light-house, (this was supported by the collector of customs,) from the signalman at the station on 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 endeavored 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 the 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 connexion 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 be 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 of January, 1862, and on “Wheaton’s International Law,” stated, 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 of 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 of August, after further consultation with the acting attorney general, I informed Sir Baldwin Walker that, if the guns had been put onboard 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.
[Page 356]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 of 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 the 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 favored with the earliest practicable intimation of the views of her Majesty’s government on the subject.
[For enclosure 2 in No 2, Captain Semmes to Sir P. Wodehouse, August 1, 1863, see enclosure 2 in No. 1.]
Captain Semmes, C S. N., to Sir P. Wodehouse.
Sir: I have the honor 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 mean time 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 is required of him by law.
I have, &c.,
Sir P. Wodehouse to Captain Semmes, C. S. N.
Sir: I have the honor 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.
[Page 357]I have farther 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.
I have, &c.,
Captain Semmes, C. S. N., to Sir P. Wodehouse.
Sir: I have had the honor 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.
I have, &c.,
Mr. Adamson to Captain Semmes, C. S. N.
Sir: 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 bark 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.
I have, &c.,
Captain Semmes, C. S. N., to Mr. Adamson.
Sir: I have had the honor 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 bark 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 this subject.
In reply, I have the honor to state that it is not true that the bark 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 [Page 358] 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 of the marine league.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: 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 Avar, &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 recognized 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.
Yours, &c.,
Mr. Adamson to Mr. Graham.
Sir: 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.
[Page 359]The reports received from Saldanha bay induce the governor to believe that the vessel will leave that harbor 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.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: The confederate steamer Alabama has just captured an American bark 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.
Sir: 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.,
Mr. Graham to Sir P. Wodehouse.
Sir: I have the honor to acknowledge the receipt of your despatch of this date.
[Page 360]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 said bark 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 the Armstrong rifled cannon, to at least six miles.
But all waters enclosed by a line drawn between two promontories or headlands are recognized 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.
I have, &c.,
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 bark 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 2 p. m. saw a steamer standing towards the bark, which he supposed was the English mail-steamer, but on nearing her he 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 first fired, and immediately after the demand was made another gun was fired. Two boats were lowered from the Alabama and sent on board the bark. 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 3 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 bark at the time of capture was as follows: Green Point light-house bearing south by east; Robben Island light-house, northeast.
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.
Thus done and protested before me, the said consul, the day, month, and year above written.
Charles F. White, Master of Sea Bride.
Mr. Rawson to Mr. Graham.
Sir: I am directed by the governor to acknowledge the receipt of your letter of yesterday’s date, enclosing an affidavit made by the master of the Sea Bride, and to acquaint you that an inquiry into them is now in progress.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: Understanding from your letter of this date, received this morning, 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.
From the affidavit of the first officer it appears that the alleged prize was brought within one and a half mile of Green Point light-house yesterday, at 1 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.
I have, &c.,
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 bark Sea Bride, an American vessel, and made affidavit that he was on board said bark on the night of the 5th day of August instant, after the said bark had been captured as a prize by the confederate steamer Alabama, and a prize crew put on board. That at about five minutes before 2 o’clock a. m. of the 6th instant the prize crew on board the said bark received a signal from the Alabama aforesaid to burn the said bark, and immediately all hands were called to execute that order. That the sails were clewed, a tar barrel taken from underneath the top-gallant forecastle and placed in the forecastle, and a bucket full of tar with other combustibles and ammunition [Page 362] 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.
Witness my hand and official seal this 7th day of August, 1863.
WALTER GRAHAM, United States Consul.
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 bark Sea Bride, of Boston, who made affidavit that he was on board of said vessel at 1 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 bark at that time, which were as follows: Robben Island light-house bore northeast by north one-half north, Green Point light-house bore southwest one-half west.
He also deposed that the officer in command of the bark 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.
Witness my hand and official seal this 7th day of August, 1863.
WALTER GRAHAM, United States Consul.
Mr. Adamson to Mr. Graham.
Sir: I am directed by the governor to acknowledge the receipt of your letter of this date, enclosing 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 mile 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.
I have, &c.,
Mr. Rawson to Mr. Graham.
Sir: With reference to the correspondence that has passed relative to the capture by the Confederate States steamer Alabama of the bark 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.
I have, &c,
Mr. Graham to Sir P. Wodehouse.
Sir: Your decision in the case of the Sea Bride was duly received at 4 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 over land,) 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 [Page 364] 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.
I have, &c.,
Mr. Rawson to Mr. Graham.
Sir: 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.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: 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 that 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; that 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’s 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.
Sir: 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 List evening that his excellency received from the naval commander-in-chief information that the condition of the Tuscaloosa was such, 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.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: 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 harbor 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 [Page 366] 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 favors. 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.
I have, &c.,
Mr. Rawson to Mr. Graham.
Sir: 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 endeavored 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.
I have, &c.,
Statement of Joseph Hopson.
Joseph Hopson, keeper of the Green Point light-house, 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 northwest of Robben island, and the bark bore from or about five miles west-northwest. The bark 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 bark, and hauled up to her on the starboard side. He steamed ahead gently, and shortly afterwards I saw the bark put round with her head [Page 367] to the westward, and a boat put off from the steamer and boarded her. Both vessels were then good five miles off the main land, and quite five if not six from the northwest point of Robben island.
Taken before me at Green Point, this 7th day of August, 1863.
R. JOHNSON DUTTON Acting Clerk of the Peace.
Witnesses:
J. Schonegevel.
Jesse Hopson.
Statement of W. S. Field.
I was present at the old light-house, Green Point, on last Wednesday afternoon, at 2 p. m., and saw the Alabama capture the American bark Sea Bride, and I agree with the above statement as far as the position of the vessels and their distance from shore.
W. S FIELD, Collector of Customs.
Cape Town, August 8, 1863.
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, John Roe, boatman, of Cape Town, make the following statement:
I was yesterday, the 5th day of August, 1863, returning from a whale chase in Hunt’s bay, when I first saw the bark Sea Bride standing from the westward on to the land. I came on to Table bay, and when off Camp’s bay I saw the smoke of the Alabama some distance from the westward of Robben island. When I reached the Green Point light-house the steamer was standing up towards the bark, which was about five miles and a half to the westward of Green Point, and about four and a half from the western point of Robben island. This was their position (being near each other at the time) when the gun was fired.
Dated at Cape Town, this 6th day of August, 1863.
JOHN ROE.
This statement made before me,
Witnesses:
J. W. A. Russond.
J. A. B. Fleck.
Statement of Frederick Carter.
Frederick Carter, signalman at the Lion’s Rump telegraph station, states:
On Wednesday last, the 5th day of August, 1863, I sighted the bark Sea Bride about seven o’clock in the morning, about fifteen or twenty miles off the land, standing into Table bay from the southwest. There was a light breeze blowing from the northwest, 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 bark, when she hoisted the American flag, which I reported to the post office, the bark then being about eight miles off the land from Irville Point. No sooner had the bark hoisted the American flag than the steamer turned sharp round in the direction of and towards the bark. 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 bark.
The steamer then came up to and alongside of the bark, when the latter was good four miles off the land, at or near the old light-house, and five miles off the island. The steamer, after firing a gun, stopped the further progress of the bark. Several boats were sent to her, and after that the bark stood out to sea again, and the Alabama steamed into Table bay.
F. CARTER, Chief Signalman, Lion’s Rump.
Taken before me, at Cape Town, this 7th day of August, 1863.
Witnesses:
J. W. A. Russond.
J. A. B. Fleck.
Captain Forsyth to Sir P. Wodehouse.
Sir: 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 bark Sea Bride, when the latter was captured yesterday afternoon.
Captain Semmes asserts that at the time of his capturing the Sea Bride, Green Point light-house 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 [Page 369] stated by Captain Semmes, and I have therefore come to the conclusion that the bark Sea Bride was beyond the limits assigned when she was captured by the Alabama
I have, &c.,
For enclosure 31 in No. 2, Rear-Admiral Sir B. Walker to Sir P. Wodehouse, August, 7, 1863, see enclosure 4 in No. 1.
The Secretary to the Admiralty to Rear-Admiral Sir B. Walker.
Sir: I am commanded by my lords commissioners of the admiralty to send you herewith, for your information and guidance, a copy of a letter from her Majesty’s principal secretary of state for foreign affairs dated this day, informing my lords that, with a view more effectually to carry out the principle of neutrality, her Majesty’s government proposes to interdict the armed ships of both contending parties in North America from carrying prizes made by them into the ports, harbors, roadsteads, or waters of the United Kingdom, or of any other of her Majesty’s colonies or possessions abroad.
I am, &c.,
Lord J. Russell to the Lords Commissioners of the Admiralty.
Sir: Her Majesty’s government are, as your lordships are aware, desirous of observing the strictest neutrality in the contest which appears to be imminent between the United States and the so-called Confederate States of North America; and with a view more effectually to carry out this principle, they propose to interdict the armed ships, and also the privateers, of both parties, from carrying prizes made by them into the ports, harbors, roadsteads, or waters of the United Kingdom, or of any of her Majesty’s colonies or possessions abroad.
I have accordingly to acquaint your lordship that the Queen has been pleased to direct that orders in conformity with the principles above mentioned should forthwith be addressed to all proper authorities in the United Kingdom, and to her Majesty’s naval and other authorities in all quarters beyond the United. Kingdom, for their guidance in the circumstances.
I have, &c.,
For enclosure 34 in No. 2, Sir P. Wodehouse to Rear-Admiral Sir B. Walker, August 8, 1863, see enclosure 6 in No. 1.
For enclosure 35 in No. 2, extract from Wheaton’s “Elements of International Law,” see enclosure 7 in No. 1.
[Page 370]For enclosure 36 in No. 2, Rear-Admiral Sir B. Walker to Sir P. Wodehouse, August 8, 1863, see enclosure 8 in No. 1.
For enclosure 37 in No. 2, Sir P. Wodehouse to Rear-Admiral Sir B.Walker, August 10, 1863, see enclosure 9 in No. 1.
For enclosure 38 in No. 2, Rear-Admiral Sir B. Walker to Sir P. Wodehouse, August 11, 1863, see enclosure 10 in No. 1.
Mr. Holmes to Mr. Rawson.
Sir: With reference to the seizure, by the so-called confederate steamship Alabama, of the United States merchant bark Sea Bride, bound from New York to this port, on Thursday, the 5th instant, whilst entering Table bay, I beg to state that, from information which I have received, and from my own observation, I believe that the said bark was seized within the neutral limits allowed by the law of nations. I beg, therefore, to protest on behalf of the principal underwriters in the said United States, whose agent I am in this colony, against the said seizure as being illegal, and to claim the protection of the British government for the said bark and underwriters.
I have, &c.,
Mr. Rawson to Mr. Holmes.
Sir: I am directed by the governor to acknowledge the receipt of your letter of yesterday’s date relative to the capture of the Sea Bride, and to acquaint you that an inquiry is in progress as to the circumstances under which it took place.
I have, &c.,
The Secretary to the Admiralty to Mr. Hammond.
Sir: With reference to my letter of the 26th ultimo I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Earl Russell, a copy of a letter from Rear-Admiral Sir Baldwin Walker, dated the 31st August, with copy of its enclosure, relative to two vessels captured by the so-styled confederate vessel Alabama, having visited Saldanha bay, and the question whether the laws of neutrality prescribed by the Queen’s proclamation have not been infringed by the proceedings of these vessels.
I am, &c.,
Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.
Sir: I beg to enclose, for the information of my lords commissioners of the admiralty, the copy of a letter addressed to me by Captain Forsyth, of her Majesty’s ship Valorous, reporting the result of his visit to Saldanha bay to watch the movements of the Confederate States vessels and prizes said to have gone in that direction.
2. The report of the inhabitants of Hontges bay, northward of Saldanha bay, that the prize Sea Bride and the so-called tender Tuscaloosa having visited that place and received on board some men sent from Cape Town, tends to confirm the suspicions referred to in my letter of the 19th instant, paragraph 7; and I believe that these vessels and their cargoes have been since disposed of to some parties at Cape Town. The fact of the Sea Bride, which was the vessel captured off Table bay by the Alabama, being carried into Hontges bay, although she may have been previously made into a tender in the same manner as the Tuscaloosa, having her cargo of merchandise still on board, would appear to be a breach of the laws of neutrality prescribed by the Queen’s proclamation.
I have, &c.,
Captain Forsyth to Rear-Admiral Sir B. Walker.
Sir: Having received a request in the evening of the 19th instant, from his excellency Sir P. Wodehouse, (a copy of which I beg to enclose.) that I would proceed to Saldanha bay and there take such steps as I might think proper for enforcing the instructions of her Majesty’s government with regard to British neutrality, I weighed at 9 p. m. under steam, and arrived at my destination the next morning. I first examined the southern part of the bay for any vessels that might have anchored in that locality; not finding any, I proceeded the same afternoon to Hontges bay, further to the northward, and found, from information obtained from the residents, that two confederate vessels, the Sea Bride and Tuscaloosa, had sailed on the previous morning, having been at anchor two days at this place, and, it is reported, shipped some men, one from this bay, and others said to have been brought from Cape Town in a cargo boat. On their leaving the port they were communicated with by a steamer, after which the former stood to the westward and the latter to the southward.
The wind having set in from the northward, and there being a verv heavy sea outside, I decided on remaining at the anchorage until the weather cleared, more particularly as our starboard fore-bits have been strained and the stopper-bolts drawn, which I felt anxious to repair before returning to Table bay.
Having partially completed the above-mentioned repairs, I left Saldanha bay at 8 a. m. this morning, and arrived here at 5.30 p. m. this day.
I have, &c.,
The Secretary to the Admiralty to Mr. Hammond —(Received October 21.).
Sir: I am commanded by my lords commissioners of the admiralty to send [Page 372] you herewith, for the information of Earl Russell, a copy of a letter dated the 17th September, from Rear-Admiral Sir Baldwin Walker, with copy of its enclosure, relative to the movements of the so-styled Confederate States ship Alabama and her prizes.
I am, &c.,
Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.
Sir: 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 enclose, 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 upon me I acquainted him of 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’s explanation; 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.
I have, &c.,
[Enclosure 2 in No. 4.]
Information received September 11, 1863.
On the 3d August the Sea Bride, now hailing from Hamburgh, together with the Tuscaloosa, sailed from Ichaboe. The Sea Bride having landed part of her cargo, and filled up with guano, both vessels were remanned from the working party on the islands, and the former crews landed.
Captain Iceton, of the Flower of Yarrow, piloted the Alabama into the Lagoon, or, as it is called, Galvidea bay, thirty to forty miles north of Ichaboe, where she landed some cargo.
The Isabella schooner, of Cape Town, took on board part of the Sea Bride’s cargo, consisting of tobacco, flour, beef and pork.
The Tuscaloosa landed her cargo at Angra Pequena, and was ballasted and refitted there.
[Page 373]The Sea Bride and Tuscaloosa are supposed to have sailed for Mauritius.
The above information was yesterday confirmed by the arrival of the Gem from Angra Pequena.
Custom-House, Cape Town, September 15, 1863.
Captain Johnson, formerly of the Albatross, commands the Sea Bride, and Mr. Cloete the Tuscaloosa.
The Secretary to the Admiralty to Mr. Hammond.
Sir: I am commanded by my lords commissioners of the admiralty to acquaint you, for the information of Earl Russell, that Rear-Admiral Sir Baldwin Walker, in a letter dated the 2d ultimo, reports that the Confederate States steam-vessel Georgia went to sea from Simon’s bay on the evening of the 29th August; and that the following afternoon the federal steamship of war Vanderbilt communicated with a pilot off Cape Hanglip, and then proceeded in search of the confederate ships which have lately visited the Cape of Good Hope. The commander of the Vanderbilt is said to have told the pilot to look out for him off Simon’s bay in the course of a week.
I am, &c.,
The Secretary to the Admiralty to Mr. Hammond.—(Received November 24.)
Sir: I am commanded by my lords commissioners of the admiralty to acquaint you, for the information of Earl Russell, that Rear-Admiral Sir Baldwin Walker has reported that the Alabama left the Cape of Good Hope on the 25th September, and had not since been heard of by him. The Vanderbilt was reported as having reached the Mauritius.
I am, &c.,
Mr. Elliot to Mr. Hammond.
I am directed by the Duke of Newcastle to transmit to you, for the information of Earl Russell, a copy of a despatch which his grace has addressed to the governor of the Cape.
[Page 374]The Duke of Newcastle to Sir P. Wodehouse.
Sir: 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 bark 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 prœsidia 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 [Page 375] 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—
First. 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,
Secondly. 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.
I have, &c.,
Mr. Elliot to Mr. Hammond.
With reference to the proceedings, at the Cape of Good Hope, of the confederate war-steamer Alabama and her prizes, I am directed by the Duke of Newcastle to transmit to you, for the consideration of Earl Russell, a copy of a further despatch from the governor of that colony on the subject, and I am to request that you will state to his lordship that his grace proposes to inform Sir P. Wodehouse, that in the despatch addressed to him from this office, of which a copy is enclosed, it was not intended to censure his conduct in any respect, or to express a doubt as to its propriety in regard to the Sea Bride.
Sir P. Wodehouse to the Duke of Newcastle.
My Lord Duke: I have had the honor 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.
[Page 376]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’s 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 bark 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 præsidia, 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.”
[Page 377]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 favored with a reply to this despatch at your earliest convenience.
I have, &c.,
[For enclosure 2 in No. 8, the Duke of Newcastle to Sir P. Wodehouse, November 4, 1863, see enclosure in No. 7.]
The Secretary to the Admiralty to Mr. Hammond.
I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Earl Russell, a copy of a letter, dated the 5th January, from Rear-Admiral Sir Baldwin Walker, with copies of its enclosure, reporting that the bark Tuscaloosa, under the confederate flag, has been detained by the British authorities at Simon’s bay, Cape of Good Hope, until she can be transferred to her lawful owners, for violation of her Majesty’s orders for the maintenance of neutrality, the vessel being considered as an uncon-demned prize, captured by the confederate vessel of war Alabama.
Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.
Sir: I request you will be pleased to acquaint my lords commissioners of the admiralty that the bark called the Tuscaloosa, under the flag of the Confederate States of North America, (referred to in my letter of the 19th 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 enclosure 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 tinder her Majesty’s control and jurisdiction until reclaimed by her proper owners, for violation of her Majesty’s orders for [Page 378] 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, the copy of which, together with the reply of the governor, I enclose 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.
I have, &c.,
[Enclosure 2 in No. 9.]
Questions to be put to the officer in command or charge of the hark 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 board?—4 officers and 20 men.
Number and description of guns on board?—3 small brass guns, 2 rifled 12-pounders, and 1 smooth-bore -pounder.
Where is she from?—St. Catherine’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 the Alabama?—June 21, 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 bark 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.
Francis L. Wood, Lieutenant and Boarding Officer, Iter Majesty’s ship Narcissus.
Rear-Admiral Sir B. Walker to Sir P. Wodehouse.
Sir: In consequence of the arrival of the Tuscaloosa, (the vessel captured by the Confederate States ship of war Alabama, on the 21st June last,) having again returned to this anchorage this evening, I called upon the officer in command to answer the enclosed questions, which, together with the replies, I forward for your excellency’s information.
As it appears that this vessel, the Tuscaloosa, late federal ship Conrad, is an uncondemned prize, brought into British waters in violation of her Majesty’s orders made for the purpose of maintaining her neutrality, I therefore consider that she ought to be detained with the view of her being reclaimed by her original owners, in accordance with the opinion of the law officers of the crown forwarded for my guidance, the copy of which I have already transmitted to you.
I have, &c.,
Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: I have the honor to acknowledge the receipt of your excellency’s letter of yesterday’s date, and to state that, after careful consideration of the instructions received by the last mail from her Majesty’s government, and of the view taken by them of our former proceedings with respect to the Tuscaloosa, I concur in your opinion that it will be proper to retain that vessel under her Majesty’s control and jurisdiction until properly reclaimed by her original owners.
I have, &c.,
Rear-Admiral Sir B. Walker to Lieutenant Low, C. S. N.
Sir: 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 honor to inform you that, in consequence, I am compelled to detain the so-called Tuscaloosa, (late Conrad,) with the 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.
I am, &c.,
Rear-Admiral Sir B. Walker to Sir P. Wodehouse.
Sir: I have the honor to inform your excellency that, acting upon your concurrence in my opinion with reference to the instructions received from home [Page 380] by the last mail, I have detained the bark 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 apout to make in writing, a copy of which shall be transmitted to your excellency as soon as received.
I have, &c.,
Lieutenant Low, C. S. N., to Rear-Admiral Sir B. Walker.
Sir: I have the honor to enclose for your information copy of a letter which I have forwarded this day to his excellency the governor of the colony on the subject of the seizure in this port of the confederate ship Tuscaloosa.
I am, &c.,
Lieutenant Low, C. S. N., to Sir P. Wodehouse.
Sir: 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 recognized 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 harbor 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 merely 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 violator 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 recognized by the British authorities in command in this colony, and no notice or warning of change of opinion [Page 381] 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 honor 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.
I have, &c.,
Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: I have the honor to acknowledge the receipt of your excellency’s letter of yesterday’s date and its enclosures, and beg to forward a copy of the reply given to the protest of the commander of the Tuscaloosa.
I have, &c.,
Mr. Rawson to Lieutenant Low, C. S. N.
Sir: 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.
I have, &c.,
Rear-Admiral Sir B. Walker to Sir P. Wodehouse.
Sir: Lieutenant Low, the officer belonging to the Confederate States ship of war Alabama, late in charge of the bark called the Tuscaloosa, (properly the [Page 382] 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 enclose for your information the copy of my letter to Lieutenant Low, explaining the circumstances under which the so-called Tuscaloosa is detained.
I have, &c.,
N. B.—I beg to enclose a list of the officers and men on board the Conrad late Tuscaloosa, as well as an inventory of stores, &c., on board, distinguishing those which are said to belong to the Alabama.
[Enclosure 12 in No. 9.]
List of confederate officers and crew on board the bark Conrad, late Tuscaloosa.
| Name. | Bank or rating. | Whence. | |
| J. Low | Lieutenant commanding. | ||
| W. H. Sinclair | Master. | ||
| J. T. Merior | Master’s mate. | ||
| A. Marmilstein | Ditto. | ||
| Martin Molk | Boatswain’s mate | Alabama, June 22, 1863. | |
| R. Owens | Ditto | Do. | do. |
| H. Legris | Quartermaster | Do. | do. |
| E. Jones | Ditto | Do. | do. |
| T. Williams | Ship’s cook | Do. | do. |
| R. Williams | A.B. | Do. | do. |
| W. Jones | Ditto | Do. | do. |
| W. Gibbs | Ditto | At sea, August 17, 1863. | |
| E. Morrell | Ditto | Do. | do. |
| A. Anderson | Ordinary | Do. | do. |
| H. Anderson | Ditto | Do. | do. |
| S. Roberts | Ditto | Do. | do. |
| T. Allman | Steward | Talisman, June 21, 1863. | |
| W. Renton | A.B. | Alabama, June 21, 1863. | |
| S. Brewer | Ditto | Do. | do. |
| J. Duggan | Ditto | Do. | do. |
| J. Ross | Ordinary | At sea, August 17, 1863. | |
| C. Carew | Ditto | Do. | do. |
| S. Robertson | Carpenter’s mate | Do. | do. |
| Ben Backstay | Ordinary | Do. | do. |
List of stores and fittings belonging to the bark Conrad.
1 chronometer; 1 barometer; 2 sextants; 1 telescope; 2 timepieces; 1 Brazilian ensign; 1 American ensign; 1 long-boat; 2 cutters; 1 bower anchor, 26 cwt.; 1 kedge ditto, 6 cwt.; 1 ditto ditto, 3 cwt.; 2 chain cables, 85 fathoms; 1 box of charts; standing and running rigging complete, but in very bad condition. No spare stores of any description on board.
List of stores belonging to the confederate sloop-of-war Alabama, on board the Conrad.
1 chronometer; 3 sextants; 1 telescope; 1 code of signals and signal-book; 1 Dutch ensign; 1 confederate ensign; 22 rifles and bayonets; 2 12-pounder rifled brass guns; 1 12-pounder smooth-bore brass gun; 2 barrels gunpowder (100 lbs. each;) 100 cartridges (1 lb. each;) 6 12-pounder rifle shot; 6 12-pounder round shot; 500 ball cartridges; 500 percussion caps; 12 revolver pistols; 300 ball cartridges for ditto; 500 percussion caps for ditto; 5 cutlasses; 8 water-casks; 3 charts.
Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: I beg to acquaint your excellency that it appears from a communication received from the consul for the United States, that he is not in a position to receive charge of the Tuscaloosa on account of her original owners, and that he therefore desires her to remain for the present in charge of the British authorities. Under these circumstances, and as I cannot take charge of the vessel without entailing some expense on her Majesty’s government, I am induced to ask whether it will be in your excellency’s power to make arrangements for her safe custody until she can be properly transferred to her lawful owners.
I have, &c.,
Sir F. Rogers to Mr. Hammond.—(Received February 25.)
Sir: With reference to previous correspondence on this subject, I am directed by the Duke of Newcastle to transmit to you, for the consideration of Earl Russell, the accompanying copies of two despatches received from the governor of the Cape of Good Hope reporting the circumstances connected with the seizure of the Tuscaloosa by the colonial government.
I am, &c.,
Sir P. Wodehouse to the Duke of Newcastle.
My Lord Duke: 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, [Page 384] 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 enclosed. He not unnaturally complains of having been now seized after he had on the previous occasion been recognized 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 enclosed.
I have, &c.,
Mr. Rawson to Mr. Graham.
Sir: 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.
I have, &c.,
Mr. Rawson to Sir P. Wodehouse.
Sir: 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 customhouse, 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.
I have, &c.,
Sir P. Wodehouse to the Duke of Newcastle.
My Lord Duke: With reference to my despatch of the 11th instant I beg to transmit, for your grace’s consideration and instructions, copies of further correspondence with the naval commander-in-chief, the consul of the United States, and the commander of the Tuscaloosa.
I have, &c.,
Lieutenant Kennedy and Mr. Pounds to Sir B. Walker.
Sir: In compliance with your order of the 12th instant we have been on board the bark Conrad, of Philadelphia, to confer with Captain J. Hoets, the United States consular agent, upon the condition of the said ship about to be restored to her original owners, and as we have agreed to and signed the report [Page 386] drawn up by Captain Hoets for the information of the United States consul, we have the honor to forward a copy of the same, with a notation signed by Captain Hoets, which furnishes the necessary record of the transaction.
We have &c.,
Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: I have the honor to acknowledge the receipt of your excellency’s letter of the 13th instant, and in transmitting copies of correspondence which has passed with the consul of the United States and the commander of the Tuscaloosa, I have to beg that you will be good enough to give directions for the property alleged to belong to the Alabama being stored in the dock-yard as proposed.
I have, &c.
Lieutenant Low, C. S. N., to Sir P. Wodehouse.
Sir: I beg to acknowledge receipt of your letter of yesterday, in which I am informed that it is your excellency’s intention to request the naval commander-in-chief to allow the arms and ammunition belonging to the Confederate States to be stored in the dock-yard at Simon’s Town.
Whilst thanking your excellency for this intention, I beg to state that as these were placed in my charge by Captain Semmes, of the confederate steamship Alabama, I should prefer handing them to his agents in this colony, to be stored by them under the usual customs regulations until instructions can be received as to their disposal, and would respectfully solicit your excellency’s permission to have them landed, as I purpose leaving for England by the next mail steamer.
I have further to thank your excellency on behalf of the officers of the Tus caloosa for your offer of assistance on leaving the colony, and to state they have already made their arrangements.
I have, &c.,
Mr. Rawson to Lieutenant Low.
Sir: I am directed by the governor to acknowledge the receipt of your letter of the 14th instant, and to state that on full consideration of the case he thinks it advisable to adhere to the proposal already made, that the guns and other [Page 387] property alleged to belong to the Alabama should be placed in the dockyard at Simon’s Town. They will then be subject to such orders as her Majesty’s government may be pleased to make in the matter.
I am also to transmit to you, for your information, copies of a letter which has been received from the consul of the United States, and of the reply given to it by his excellency’s directions.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: The report of J. M. Hoets, esquire, on the Tuscaloosa, countersigned by Lieutenant Kennedy of the Narcissus, has been received, and a copy furnished to Admiral Walker. Appended to that report is a list of articles claimed by Lieutenant Low, of the Tuscaloosa, as belonging to the confederate steamer Alabama. Now among the articles enumerated in the list are three 12-pounder cannon taken from the American ship Talisman, and one smaller brass cannon taken from the Sea Bride, as I can prove by the testimony of a competent witness. These cannon I request shall be held for their owners in the same manner as the vessel. Not being able to identify the other articles in this list with perfect certainty, I shall not claim them.
I have, &c.,
Mr. Rawson to Mr. Graham.
Sir: I am directed by the governor to acknowledge the receipt of your letter of the 16th instant, and to state that the guns to which you refer will be held subject to such instructions as her Majesty’s government may think fit to issue respecting them.
I have, &c.,
The Secretary to the Admiralty to Mr. Hammond—(Received February 25.).
With reference to former correspondence I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Earl [Page 388] Russell, a copy of a letter from Rear-Admiral Sir Baldwin Walker, dated the 18th January, with copies of its enclosures, relating to the vessel called the Tuscaloosa, and reporting that he has ordered a passage to England in the mail packet for Lieutenant Low, lately in charge of the Tuscaloosa, and of Mr. Sinclair, his first officer.
Rear-Admiral Sir B. Walker to the Secretary to the Admiralty.
Sir: With reference to my letter of the 5th instant, I have the honor 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.
I have, &c.,
Rear-Admiral Sir B. Walker to Sir P. Wodehouse.
Sir: With reference to your excellency’s communication of yesterday’s date, I have the honor 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.
I have, &c.,
Sir P. Wodehouse to Rear-Admiral Sir B. Walker.
Sir: With reference to your excellency’s letter of the 6th instant, I have the honor to enclose the copy of a letter from the consul of the United States relative to an inspection of the Tuscaloosa.
I have, &c.,
Mr. Graham to Sir P. Wodehouse.
Sir: Your letter of this date is received, and its request complied with. I have appointed Mr. J. M. Hoets, of Simon’s Town, to inspect the Tuscaloosa, and report to me her present condition and equipments. He is also instructed to submit this report to the admiral of the station, or some one authorized to act for him, for an indorsed approval or dissent.
When that report is received I will take pleasure in sending you a copy.
I have, &c.,
Mr. Hoets to Mr. Graham.
Sir: Pursuant to your letter of the 8th instant, appointing me to make a survey of the bark Tuscaloosa, now in Simon’s bay, and take an inventory of the movables on board, I now beg to report as follows:
On going on board at 10 a. m. found the vessel lying moored and dismantled, with only stone ballast in her, the hull, as far as can be ascertained, (without probing,) sound, making very little water; decks defective, considerably worn, particularly the poop deck; the seams open, and some of the planks in a decayed state; outside found seams slack, the metal on her bottom much worn and ragged, about one hundred sheets entirely off in different places.
The general condition of sails and running rigging very much worn; spars, standing rigging, boats, anchors, and cables, serviceable; the ship only having one heavy anchor, another was supplied by her Majesty’s dock-yard to moor ship.
Having examined the movables, I am satisfied as to the correctness of the lists taken by Lieutenant Kennedy on the 2d of January last, of which the attached are copies.
I have, &c.,
We concur in the above.
W. R. KENNEDY, Lieutenant, H. M. S. Narcissus.
THOMAS POUNDS, Master, H. M. S. Narcissus.
Rear-Admiral Sir B. Walker to Sir P. Wodehouse.
Sir: Referring to your communication of the 9th instant, relative to the inspection of the Conrad, lately called the Tuscaloosa, I beg to enclose for your excellency’s information the report of the condition of this vessel and her equipments made by Mr. J. Hoets (on the part of the United States consul) and Lieutenant Kennedy and Mr. Pounds, master of her Majesty’s ship Narcissus.
I have, &c.,
[Enclosure 7 in No. 11.]
List of sails belonging to the bark Conrad, late Tuscaloosa, unbent and stowed in after-hole.
| Foresail. | Mizen topmast staysail. | |||||
| Fore topsail. | Main trysail. | |||||
| Fore top-gallant sail. | Spanker. | |||||
| Fore royal. | Gaff topsail. | |||||
| Mainsail. | 2 lower studding-sails. | |||||
| Main topsail. | 1 topmast studding-sail. | |||||
| Main top-gallant sail. | 2 fore top-gallant studding-sails. | |||||
| Main royal. |
|
|||||
| Flying jib. | ||||||
| Jib. | ||||||
| Fore topmast staysail. | ||||||
| Main topmast staysail. | ||||||
| Main top-gallant staysail. |
List of running gear belonging to bark Conrad, late Tuscaloosa, jagged up in five-fathom lengths, and stowed in after-hold.
| Lot 1. | Main buntlines. | Lot 6. | Main lifts. |
| Main topsail buntlines. | Main topsail clewlines. | ||
| Main top-gallant sheets. | Main topsail buntlines. | ||
| Main trysail out-haul. | Lot 7. | Fore topsail clewlines. | |
| Spanker out-haul. | Fore topsail buntlines. | ||
| Lot 2. | Fore top-gallant and royal braces. | Fore topsail reef tackles. | |
| Main topsail reef tackles. | Lot 8. | Main topsail halliards. | |
| Main trysail brails. | Fore topsail halliards. | ||
| Lot 3. | Jib halliards, sheets, and down-haul. | Fore topmast studding-sail halliards. | |
| Flying jib halliards, sheets, and down-hauls. | Lot 9. | Main topmast staysail halliards. | |
| Fore topmast staysail, halliards, sheets, and down-haul. | Main topmast staysail sheets. | ||
| Fore top-gallant sheets. | Gaff topsail halliards. | ||
| Lot 4. | Main braces. | Gaff topsail sheets. | |
| Main topsail braces. | Lot 10. | Fore and main tacks. | |
| Lot 5. | Fore braces. | Fore and main sheets. | |
| Fore topsail braces. | Lot 11. | Main top gear, &c. | |
| Chain topsail ties and pendants. Eighty blocks of various sizes, and in good condition. | |||
N. B.—The whole of this rigging is condemnable.
[Enclosure 8 in No. 11.]
List of stores and fittings belonging to the bark Conrad.
| 1 | chronometer. | 1 | long-boat. |
| 1 | barometer. | 2 | cutters. |
| 2 | sextants. | 1 | bower anchor, 26 cwt. |
| 1 | telescope. | 1 | kedge anchor, 6 cwt. |
| 2 | time-pieces. | 1 | kedge anchor, 3 cwt. |
| 1 | Brazilian ensign. | 2 | chain cables, 85 fathoms. |
| 1 | American ensign. | 1 | box of charts. |
Standing and running rigging complete, but in very bad condition.
No spare stores of any description on board.
List of stores belonging to the confederate sloop-of-war Alabama on board the Conrad.
| 1 | chronometer. | 6 | 12-pounder rifle shot. |
| 3 | sextants. | 6 | 12-pounder round shot. |
| 1 | telescope. | 500 | ball cartridges. |
| 1 | code of signals and signal-book. | 500 | percussion caps. |
| 1 | Dutch ensign. | 12 | revolver pistols. |
| 1 | confederate ensign. | 300 | ball cartridges for pistols. |
| 22 | rifles and bayonets. | 500 | percussion caps for pistols. |
| 2 | 12-pounder rifled brass guns. | 5 | cutlasses. |
| 1 | 12-pounder smooth-bore brass gun. | 8 | water casks. |
| 2 | barrels gunpowder, 100 lbs. each. | 3 | charts. |
| 100 | cartridges, (1 lb.) |
Mr. Elliot to Mr. Hammond.—(Received March 7.)
Sir: With reference to your letter of the 22d ultimo, relative to the seizure of the Tuscaloosa by the authorities at the Cape of Good Hope, I am directed, by the Duke of Newcastle, to transmit to you, for the information of Earl Russell, a copy of a despatch which his grace has addressed to the governor of that colony on the subject.
I am, &c.,
The Duke of Newcastle to Sir P. Wodehouse.
Sir: 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.
I have, &c.,
Sir F. Rogers to Mr. Hammond.
Sir: With reference to my letter of the 6th instant, I am directed, by the Duke of Newcastle, to transmit to you, for Lord Russell’s information, the copy of a further despatch which his grace has addressed to the governor of the Cape of Good Hope relative to the case of the Tuscaloosa.
I am, &c.,
The Duke of Newcastle to Sir P. Wodehouse.
Sir: 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 [Page 393] 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, have I 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.
I am, &c.,