Chapter XXXVIII: Appendix (2)

Visitors were received by the officers of the ship most courteously, and without distinction, and the officers conversed freely and unreservedly of their exploits. There was nothing like brag in their manner of answering questions put to them. They are as fine and gentlemanly a set of fellows as ever we saw; most of them young men. The ship has been so frequently described, that most people know what she is like, as we do who have seen her. We should have known her to be the Alabama if we had boarded her in the midst of the ocean, with no one to introduce us to each other. Her guns alone are worth going off to see, and everything about her speaks highly for the seamanship and discipline of the commander and his officers. She has a very large crew, fine, lithe-looking fellows, the very picture of English men-of-war's men.

The second officer told us that it was the Sea Bride they had captured, and pointed out her captain, who stood aft conversing with a number of people who had gathered round him. "This, sir," said the officer, "is our fifty-sixth capture; we have sent her off with about ten of our men as a crew, and we left a few of her own men on board of her." We asked him how he liked Saldanha Bay, and his answer was, "It is a very charming place. Why did you not build Cape Town there?" Our answer was, "Because we never do anything properly at the Cape." "Ah, sir!" he said; "that is a great mistake to leave so fine a bay without harbor conveniences. It is a great deal better than Table Bay. We enjoyed ourselves capitally there, had some good shooting; one of us shot an ostrich, a fine fellow, but he got away. Unfortunately, we lost one of our officers there--one whom we all respected--as fine an officer as ever trod this ship's deck. He was in a boat in the bay, shooting wild fowl; he drew his gun towards him, the barrel in his hand; the trigger caught, the charge passed through his lung, and his only dying words were, 'Oh, me!' and he fell back a corpse. But for that circumstance, we should always remember Saldanha Bay with pleasure. The gun was within an inch of his breast when it went off."

After this melancholy recital, we walked across to get a little chat with the prisoner so recently captured. He is a superior man, and spoke of the loss of his ship in the spirit of a philosopher. He was leaning against a rail just opposite the cabin. "What can't be cured must be endured," said he. In answer to our remark, that an hour more would have saved him, he said, "Yes, it would; I had not the remotest idea of a capture at this end of the world. I never supposed that she was in this direction. I was in my cabin, washing," said he, "and my mate came down and said there was a steamer in sight. 'Capital!' I said; 'it is the English mail-steamer; I shall be just in time for my letters.' He went up again, and shortly returning, said, 'She is going to hail us.' 'Hail us!' I said; 'what the deuce can she want to hail us for?' and I went on deck. I looked at that (pointing to the Confederate flag), and I soon saw who we were falling into the hands of. I said, 'Good-bye, mate; we shall not be long here.' This, sir," he went on to say, "is the second time I have been captured coming to the Cape. I left New York in the M.J. Calcon, and was captured by the Florida in 33° West and between 28° and 29° North. I went home all right, and left New York again on the 28th of May, direct for the Cape." This gentleman's name is Mr. H. Spaling.

The next we had an opportunity of conversing with was the chief officer. This gentleman who, by the way, stands six feet four out of his shoes, showed us round the ship with just pride. He pointed out to us the peculiar qualities of the magnificent guns. One of Blakeley's rifle pieces is a terrible-looking weapon. It throws conical shells of a hundred weight; and he remarked, "When we fought the Hatteras, these conical shells struck one after the other in capital style; they exploded with magnificent effect, and lit up her whole broadside." Many of the captured crew we observed in irons.

We were now introduced to Capt. Semmes, who up to this time had been engaged in the cabin with Mr. W.J. Anderson, of Anderson, Saxon, and Co., upon the subject of supplies, which are to be provided by the firm. We received a very cordial greeting from the gallant gentleman, who remarked that at Bahia, and indeed everywhere he had been, both his officers and himself had received very great attention from the English residents. We had always concluded that Captain Semmes, of the Powhattan, a fine steamer belonging to the States, to whom we were introduced some years since by the late Mr. D.M. Huckins, American Consul, was the captain of the Sumter and Alabama; but we found we were mistaken, and on remarking this to the captain, he said, "Captain Semmes of the Powhattan is of the same family as myself--he is, indeed, my cousin; but he was born in the North, his interests are all there, and he remains in the Federal service." Having desired us to take a seat, he said he should be happy to give us any information in his power; he had no secrets, and bade us take notes if we wished so to do. He then informed us that he had taken fifteen ships since he left Bahia. We told him that Captain Bartlett, of the ship Fortuna, stated that on the 2d of July he saw a ship on fire. Our readers will recollect that the particulars were given in a paragraph immediately after the Fortuna arrived. It was as follows:--"On the 2d of July, Captain Bartlett saw some smoke rising up on the horizon, which he supposed to be the smoke from a steamer. Later in the day, however, a strong reflection of light was seen in the sky, and which the captain at once believed to be a ship on fire. All hands were then called up 'to bout ship,' and they stood towards the spot from whence the light proceeded. This was about six o'clock; and at two o'clock on the morning of the 3d July, and in lat. 25° 57' South, and in long. 38° 20' West, the Fortuna ran up within forty yards of a large vessel of 800 or 1000 tons, which was enveloped in one mass of flame from stem to stern. Nothing remained of her but her hull; the whole of her rigging, masts, and decks had already been consumed. As the Fortuna ran towards the wreck, another vessel--the Oaks--bound to Calcutta, joined her, and the two vessels spoke one another. From what Captain Bartlett could make out, the captain of the Oaks told him that in the evening, about half-past six, an English man-of-war had passed him, and whilst passing she fired two guns, from which it was concluded that the crew of the burning vessel had been rescued by the man-of-war." Captain Semmes said Captain Bartlett was quite right in supposing that the ship had been set on fire by himself. She was the Annie F. Schmidt, from New York to San Francisco, with a general cargo on board; but the supposition of the man-of-war coming to the rescue of the crew was a mistake. "We set her on fire in the night," said Captain Semmes, "and shortly after we had done so, we heard a couple of guns. We thought it was another Yankee, and we up steam and fired a gun for her to heave-to. On coming alongside her, we found she was Her Majesty's frigate Dido. 'We did not take her, sir,' said the captain, with a laugh; 'in fact, we never attempt to take any of Her Majesty's frigates.'"

We said we would mention that, and we do, as Captain Semmes's last. "The Dido people," he went on to say, "asked us if we had set the ship on fire, and I answered we had, and had got the crew safe on board. 'All right!' was the answer, and we parted. She was a vessel of about 1000 tons." We asked Captain Semmes if he could give us the names of the vessels he had captured. He answered that he could. "For," he said, "you English people won't be neighbourly enough to let me bring my prizes into your ports, and get them condemned, so that I am obliged to sit here a court of myself, try every case, and condemn the ships I take. The European powers, I see, some of them complain of my burning the ships; but what, if they will preserve such strict neutrality as to keep me out of their ports, what am I to do with these ships when I take them but burn them?" He then fetched his record books, and we took the following down from his lips:--"The ships we have captured were--the Ocmulgee, of 400 tons, thirty-two men on board; we burned her. The Alert, a whaler of 700 tons; we burned her. The whaling schooner Weathergauge; we burned her. The whaling brig Altamaha; we burned her. The whaling ship Benjamin Tucker; we burned her. The whaling schooner Courser; we burned her. The whaling barque Virginia; we burned her. The barque Elisha Dunbar, a whaler; we burned her. The ship Brilliant, with 1000 tons of grain on board; we burned her. The Emily Farnum we captured and released as a cartel, and having so many prisoners we put some of them on board her, and sent them off. The Wave Crest, with a general cargo on board for Europe, we set on fire. The Dunkirk brig, with a general cargo on board, we burned. The ship Tonawanda we captured, with a valuable freight on board, and released her, after taking a bond for a thousand dollars. The ship Manchester, with a cargo of grain, we burned. The barque Lamplighter, with an assorted cargo for Europe, we burned. The barque Lafayette, with an assorted cargo, we burned. The schooner Crenshaw, with an assorted cargo for the West Indies, we burned. The barque Lauretta, with an assorted cargo on board for Europe, we burned. The brig Baron de Custine we took a bond for and released. The whaling ship Levi Starbuck we burned. The T.B. Wales, from Calcutta to Boston, with a valuable cargo on board, we burned. The barque Martha, from Calcutta to West Indies, with an assorted cargo, we burned. The schooner Union we, after boarding, found had some English property on board, and we released her on bond. The mail steamer Ariel Running between New York and Aspinwall, we captured. Unfortunately she was going, not returning, or we should have had a lot of gold. We released her on bond. The United States gunboat Hatteras, who came out to fight us, had the same number of guns and crew. Our guns were a little heavier than hers, but we equalized them by permitting her to fight us at 300 yards. We sunk her in thirteen minutes by the watch. The barque Golden Rule, with an assorted cargo, we burned. She belonged to the same company as the Ariel. The brig Chastelaine we burned. The schooner Palmetto we burned. The barque Olive Jane we burned. The Golden Eagle, laden with guano, we burned. The Washington, from the Pacific, with guano, we released on bond. The Bethia Thayer, from East India, with a valuable cargo on board, was released on bond. The John A. Parker, with flour and lumber, from Boston to Buenos Ayres, we burned. The Punjaub, from East India, we found to have some English cargo on board, we released on bond. The ship Morning Star we released on bond. The whaling schooner Kingfisher we burned. The ship Nora, from Liverpool to West Indies, with salt on board, we burned. The barque Lafayette we burned. The whaling brig Kate Cory we burned. The whaling barque Nye we burned. The Charles Hall, from Liverpool, with coal, we burned.

"The ship Louisa Hatch, from Cardiff to West Indies, we burned. The ship Dorcas Prince, with a general cargo, we burned. The ship Sea Lark, with a general cargo from the East Indies, we burned. The barque Union Jack, from Boston to Shanghai, we burned. We captured a Yankee consul on board of her; he was on his way to Foochin; we landed him at the Brazils. The ship Gildersliene, from New York to the East Indies, we burned. The barque Justina we released on bond, to take home prisoners. The ship Jabez Snow, from New York to the East Indies, we burned. The barque Amazonian, from Boston to Buenos Ayres, we burned. The ship Talisman, from New York to the East Indies, we burned. The barque Conrad, fitted up as a Federal cruiser, a tender to a man-of-war, we captured and burned. After these came the Anne F. Schmidt, mentioned before, and the Sea Bride--and the Sea Bride you saw us take to-day. The estimated value of these captures is 4,200,000 dollars."

The American Consul, Mr. Graham, has handed to his Excellency the Governor a protest against the capture of the Sea Bride, on the ground that the vessel was in British waters at the time of her being stopped by the Alabama. His Excellency told Mr. Graham that the decision of the case remained purely on evidence, but he would see there was no breach of neutrality. The Captain of the Sea Bride says he is prepared to show by bearings that he was within two and a half miles of Robben Island.

No. VI.

CORRESPONDENCE RESPECTING THE TUSCALOOSA.

_Rear-Admiral Sir B. Walker to the Secretary to the Admiralty. August_ 19, 1863.

I beg you will be pleased to acquaint my Lords Commissioners of the Admiralty with the following particulars relative to the proceedings of the Confederate States ships of war Alabama, her reported tender Tuscaloosa, and the Georgia, which have recently arrived at the Cape of Good Hope.

2. On the 28th of July an English schooner arrived in Table Bay, and reported that on the previous day she had been boarded by the Confederate steamer Alabama, fifteen miles north-west of Green Point. After some inquiries the Alabama left her, steering south-east.

3. Upon the receipt of this intelligence I ordered Captain Forsyth, of the Valorous, to hold himself in readiness to proceed to any of the ports in this colony where the Alabama might anchor, in order to preserve the rules of strict neutrality.

4. By a letter addressed to the Governor of this Colony by Captain Semmes, copy of which was telegraphed to me on the 4th instant, it appears that the Alabama had proceeded to Saldanha Bay for a few days, anchoring there on the 29th of July.

5. On the 5th instant I received a private telegram to the effect that the Alabama was off Table Bay, when I directed the Valorous immediately to proceed to that anchorage; and shortly afterwards a telegram reached me from the Governor stating "that the Alabama had captured a vessel (American), which was in sight, and steering for Table Bay." The Valorous reached that Bay at 10.15 P.M., where the Alabama had anchored at 3 o'clock in the afternoon of the same day.

6. Captain Forsyth having informed me that the tender to the Alabama had been ordered by Captain Semmes to Simon's Bay for provisions, and having learned that this vessel had been captured off the coast of Brazil, and not been condemned in any Prize Court, I had doubts as to the legality of considering her in the light of a tender, being under the impression that it was a ruse to disguise the real character of the vessel. I therefore wrote to the Governor to obtain the opinion of the Attorney-General of the Colony upon this subject, which correspondence is inclosed.

7. On the 8th of August the tender Tuscaloosa, a sailing barque, arrived in Simon's Bay, and the boarding officer having reported to me that her original cargo of wool was still on board, I felt that there were grounds for doubting her real character, and again called the Governor's attention to this circumstance. My letter and his reply are annexed. And I would here beg to submit to their Lordships' notice that this power of a captain of a ship of war to constitute every prize he may take a "tender," appears to me to be likely to lead to abuse and evasion of the laws of strict neutrality, by being used as a means for bringing prizes into neutral ports for disposal of their cargoes, and secret arrangements--which arrangements, it must be seen, could afterwards be easily carried out at isolated places.

8. The Alabama, after lying three days in Table Bay, came to this anchorage to caulk and refit. She arrived here on the 9th, and sailed again on the 15th instant. Captain Semmes was guarded in his conduct, and expressed himself as most anxious not to violate the neutrality of these waters.

9. I should observe that, from the inclosed copy of a letter from Captain Forsyth to the Governor, it would appear that the vessel Sea Bride, taken by the Alabama off Table Bay, was beyond the jurisdiction of neutral territory.

10. During his passage to this port Captain Semmes chased another American vessel, the Martha Wentzel, standing in for Table Bay. On my pointing out to him that he had done so in neutral waters, he assured me that it was quite unintentional, and, being at a distance from the land, he did not observe that he had got within three miles of an imaginary line drawn from the Cape of Good Hope to Cape Hanglip, but on discovering it he did not detain the vessel. The explanation I considered sufficient.

11. The tender Tuscaloosa, having been detained by a strong south-easter, got under way for the purpose of going to sea on the 14th instant, but anchored again a little distance from the Roman Rock lighthouse in consequence of thick fog prevailing.

12. The Alabama did not take in any coal, either here or at Table Bay, but after being caulked she proceeded to sea on the 15th instant, followed by the Tuscaloosa. Their destinations are unknown.

13. On the 16th instant, the Confederate States steamer Georgia, Commander Maury, anchored in this bay. She requires coal, provision, and caulking. This vessel did not meet the Alabama outside.

14. The Florida, another Confederate States steamer, is reported to be off this coast, probably cruising to intercept the homeward-bound American ships from China; indeed, it is with that object these ships are on this part of the Station.

15. I have learnt, since the departure of the Alabama, and her so-called tender, that overtures were made by some parties in Cape Town to purchase the cargo of wool, but, being unsatisfactory, they were not accepted. It is reported to be Captain Semmes' intention to destroy the Tuscaloosa at sea.

16. The Alabama is a steamer of about 900 tons, with 8 guns, and 150 men. The Georgia is an iron steamer of about 700 tons, with 5 guns, and 110 men. The Tuscaloosa is a sailing-barque of 500 tons, having 2 small guns and 10 men.

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

An opportunity is offered me by the coasting schooner Atlas, to communicate with the Cape, of which I promptly avail myself.

I have the honour to inform your Excellency that I arrived in this bay on Wednesday morning last, for the purpose of effecting some necessary repairs. As soon as these repairs can be completed I will proceed to sea, and in the meantime your Excellency may rest assured that I will pay the strictest attention to the neutrality of your Government.

_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 7, 1863.

Captain Forsyth having informed me that the Alabama has a tender outside captured by Captain Semmes on the coast of America, and commissioned by one of the Alabama's Lieutenants, and as this vessel has been ordered into Simon's Bay for provisions, may I request your Excellency will be good enough to obtain the opinion of the Law Officers whether this vessel ought still to be looked upon in the light of a prize, she never having been condemned in a Prize Court; the instructions, copy of which I inclose, strictly forbidding prizes captured by either of the contending parties in North America being admitted into our ports.

_Governor Sir P. Wodehouse to Rear-Admiral Sir B. Walker, August 8, 1863_.

I have the honour to acknowledge the receipt of your Excellency's letter of yesterday's date, and to inclose the copy of an opinion given by the Acting Attorney-General to the effect that the vessel to which you refer ought to be regarded as a tender and not as a prize.

I shall take care to submit this question to Her Majesty's Government by the next mail, but in the meantime I conclude that your Excellency will be prepared to act on the opinion of the Attorney-General in respect to any vessels which may enter these ports in the character of prizes converted into ships of war by the officers of the navy of the Confederate States.

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

What constitutes a setting forth as a vessel of war has been determined by the British Courts of Prize, in cases arising under the clause of the Act of Parliament, which may serve for the interpretation of our own law, as the provisions are the same in both. Thus it has been settled that where a ship was originally armed for the Slave Trade, and after capture an additional number of men were put on board, but there was no commission of war and no additional arming, it was not a setting forth as a vessel of war under the Act. But a commission of war is decisive if there be guns on board; and where the vessel after the capture has been fitted out as a privateer, it is conclusive against her, although, when recaptured, she is navigating as a mere merchant-ship; for where the former character of a captured vessel had been obliterated by her conversion into a ship of war, the Legislature meant to look no further, but considered the title of the former owner forever extinguished. Where it appeared that the vessel had been engaged in a military service of the enemy, under the direction of his Minister of the Marine, it was held as a sufficient proof of a setting forth as a vessel of war; so where the vessel is armed, and is employed in the public military service of the enemy by those who have competent authority so to employ it, although it be not regularly commissioned. But the mere employment in the enemy's military service is not sufficient; but if there be a fair semblance of authority, in the person directing the vessel to be so employed, and nothing upon the face of the proceedings to invalidate it, the Court will presume that he is duly authorized; and the commander of a single ship may be presumed to be vested with this authority as commander of a squadron.

_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 8, 1863.

I have the honour to acknowledge the receipt of your Excellency's letter of this day's date, covering the written opinion of the Acting Attorney-General of this Colony as to the legality of the so-called tender to the Confederate States armed ship Alabama, and for which I beg to express my thanks.

The vessel in question, now called the Tuscaloosa, arrived here this evening, and the boarding officer from my flag-ship obtained the following information:

That she is a barque of 500 tons, with two small rifled 12 pounder guns and ten men, and was captured by the Alabama on the 21st June last, off the coast of Brazil: cargo of wool still on board.

The admission of this vessel into port will, I fear, open the door for numbers of vessels captured under similar circumstances being denominated tenders, with a view to avoid the prohibition contained in the Queen's instructions; and I would observe that the vessel Sea Bride captured by the Alabama off Table Bay a few days since, or all other prizes, might be in like manner styled tenders, making the prohibition entirely null and void.

I apprehend that to bring a captured vessel under the denomination of a vessel of war, she must be fitted for warlike purposes, and not merely have a few men and two small guns put on board of her (in fact nothing but a prize crew) in order to disguise her real character as a prize.

Now this vessel has her original cargo of wool still on board, which cannot be required for warlike purposes, and her armament and the number of her crew are quite insufficient for any services other than those of a slight defence.

Viewing all the circumstances of the case, they afford room for the supposition, that the vessel is styled a "tender" with the object of avoiding the prohibition against her entrance as a prize into our ports, where, if the captors wished, arrangements could be made for the disposal of her valuable cargo, the transhipment of which, your Excellency will not fail to see, might be readily effected on any part of the coast beyond the limits of this Colony.

My sole object in calling your Excellency's attention to the case is to avoid any breach of strict neutrality.

_Governor Sir P. Wodehonse to Rear-Admiral Sir B. Walker. August_ 10, 1863.

I have the honour to acknowledge the receipt of your Excellency's letter of the 8th instant, on which I have consulted the Acting Attorney-General.

The information given respecting the actual condition of the Tuscaloosa is somewhat defective, but referring to the extract from Wheaton transmitted in my last letter, the Attorney-General is of opinion that if the vessel received the two guns from the Alabama or other Confederate vessel of war, or if the person in command of her has a commission of war, or if she be commanded by an officer of the Confederate navy, in any of these cases there will be a sufficient setting forth as a vessel of war to justify her being held to be a ship of war; if all of these points be decided in the negative, she must be held to be only a prize, and ordered to leave forthwith.

_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 11, 1863.

I have the honour to acknowledge the receipt of your Excellency's letter, dated yesterday, respecting the Confederate barque Tuscaloosa now in this bay.

As there are two guns on board, and an officer of the Alabama in charge of her, the vessel appears to come within the meaning of the cases cited in your above-mentioned communication.

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

(Extract.)

I beg to take this opportunity of making your Grace acquainted with what has occurred here in connection with the visit of the Confederate States steamer Alabama.

On Tuesday, the 4th instant, I received a letter from the Commander of that vessel, dated the 1st August at Saldanha Bay, announcing his having entered that bay with a view to effecting certain repairs, and stating that he would put to sea as soon as they were completed, and would strictly respect our neutrality.

When this intelligence was received, the United States Consul called on me to seize her, or at any rate to send her away instantly; but as the vessel which brought the news reported that the Alabama was coming immediately to Table Bay, I replied that I could not seize her, but would take care to enforce the observance of the neutral regulations.

On the next day, about noon, it was reported from the signal station that the Alabama was steering for Table Bay from the north, and that a Federal barque was coming in from the westward; and soon after, that the latter had been captured and put about. A little after 2 P.M. the United States Consul called to state that he had seen the capture effected within British waters; when I told him he must make his statement in writing, and an investigation should be made. I also, by telegram, immediately requested the Naval Commander-in-Chief to send a ship of war from Simon's Bay. The Alabama, leaving her prize outside, anchored in the bay 3.30 P.M., when Captain Semmes wrote to me that he wanted supplies and repairs, as well as permission to land thirty-three prisoners. After communicating with the United States Consul, I authorized the latter, and called upon him to state the nature and extent of his wants, that I might be enabled to judge of the time he ought to remain in the port. The same afternoon he promised to send the next morning a list of the stores needed, and announced his intention of proceeding with all despatch to Simon's Bay to effect his repairs there. The next morning (August 6th) the Paymaster called on me with the merchant who was to furnish the supplies, and I granted him leave to stay till noon of the 7th.

On the night of the 5th, Her Majesty's ship Valorous had come round from Simon's Bay. During the night of the 6th the weather became unfavourable; a vessel was wrecked in the bay, and a heavy sea prevented the Alabama from receiving her supplies by the time arranged. On the morning of the 8th, Captain Forsyth, of the Valorous, and the Port Captain, by my desire, pressed on Captain Semmes the necessity for his leaving the port without any unnecessary delay; when he pleaded the continued heavy sea and the absence of his cooking apparatus, which had been sent on shore for repairs, and had not been returned by the tradesman at the time appointed, and intimated his own anxiety to get away. Between 6 and 7 A.M., on Sunday, the 9th, he sailed, and on his way round to Simon's Bay captured another vessel; but on finding that she was in neutral waters he immediately released her.

In the meantime, the United States Consul had, on the 5th August, addressed to me a written statement that the Federal barque Sea Bride had been taken "about four miles from the nearest land," and "already in British waters;" on which I promised immediate inquiry. The next day the Consul repeated his protest, supporting it by an affidavit of the master of the prize, which he held to show that she had been taken about two miles and a half from the land; and the agent for the United States underwriters, on the same day, made a similar protest. On the 7th, the Consul represented that the prize had, on the previous day, been brought within one mile and a half of the lighthouse, which he considered as much a violation of the neutrality as if she had been there captured, and asked me to have the prize crew taken out and replaced by one from the Valorous, which I declined.

I had, during this period, been seeking for authentic information as to the real circumstances of the capture, more particularly with reference to the actual distance from the shore, and obtained through the Acting Attorney-General statements from the keeper of the Green Point Lighthouse (this was supported by the Collector of Customs), from the signal-man at the station at the Lion's Rump, and from an experienced boatman who was passing between the shore and the vessels at the time. Captain Forsyth, of the Valorous, also made inquiries of the captain of the Alabama and of the Port Captain, and made known the result to me. And upon all these statements I came to the conclusion that the vessels were not less than four miles distant from land; and on the 8th I communicated to the United States Consul that the capture could not, in my opinion, be held to be illegal by reason of the place at which it was effected.

In his reply of the 10th, the Consul endeavoured to show how indefensible my decision must be, if, in these days of improved artillery, I rested it on the fact of the vessels having been only three miles from land. This passage is, I think, of considerable importance, as involving an indirect admission that they were not within three miles at the time of capture. And I hope your Grace will concur in my view that it was not my duty to go beyond what I found to be the distance clearly established by past decisions under international law.

An important question has arisen in connection with the Alabama, on which it is very desirable that I should, as soon as practicable, be made acquainted with the views of Her Majesty's Government. Captain Semmes had mentioned after his arrival in port, that he had left outside one of his prizes previously taken, the Tuscaloosa, which he had equipped and fitted as a tender, and had ordered to meet him in Simon's Bay, as she also stood in need of supplies. When this became known to the naval commander-in-chief, he requested me to furnish him with a legal opinion; and whether this vessel could he held to be a ship of war before she had been formally condemned in a prize court; or whether she must not be held to be still a prize, and, as such, prohibited from entering our ports. The Acting Attorney-General, founding his opinion on Earl Russell's despatch to your Grace, of the 31st January, 1862, and on "Wheaton's International Law," states in substance that it was open to Captain Semmes to convert this vessel into a ship of war, and that she ought to be admitted into our ports on that footing.

On the 8th August the vessel entered Simon's Bay, and the Admiral wrote that she had two small rifled guns, with a crew of ten men, and that her cargo of wool was still on board. He was still doubtful of the propriety of admitting her.

On the 10th August, after further consultation with the Acting Attorney-General, I informed Sir Baldwin Walker that, if the guns had been put on board by the Alabama, or if she had a commission of war, or if she were commanded by an officer of the Confederate Navy, there must be held to be a sufficient setting forth as a vessel of war to justify her admission into port in that character.

The Admiral replied in the affirmative on the first and last points, and she was admitted.

The Tuscaloosa sailed from Simon's Bay on the morning of the 14th instant, but was becalmed in the vicinity until the following day, when she sailed about noon. The Alabama left before noon on the 15th instant. Neither of these vessels was allowed to remain in port longer than was really necessary for the completion of their repairs.

On the 16th, at noon, the Georgia, another Confederate war steamer, arrived at Simon's Bay in need of repairs, and is still there.

Before closing this despatch I wish particularly to request instructions on a point touched on in the letter from the United States Consul of the 17th instant, viz.: the steps which should be taken here in the event of the cargo of any vessel captured by one of the belligerents being taken out of the prize at sea, and brought into one of our ports in a British or other neutral vessel.

Both belligerents are strictly interdicted from bringing their prizes into British ports by Earl Russell's letter to the Lords of the Admiralty of the 1st June, 1861, and I conceive that a colonial government would be justified in enforcing compliance with that order by any means at its command, and by the exercise of force if it should be required.

But that letter refers only to "prizes;" that is, I conceive, to ships themselves, and makes no mention of the cargoes they may contain. Practically the prohibition has been taken to extend to the cargoes; and I gathered, from a conversation with Captain Semmes on the subject of our neutrality regulations, that he considered himself debarred from disposing of them, and was thus driven to the destruction of all that he took. But I confess that I am unable to discover by what legal means I could prevent the introduction into our ports of captured property purchased at sea, and tendered for entry at the custom-house in the usual form from a neutral ship. I have consulted the Acting Attorney-General on the subject, and he is not prepared to state that the customs authorities would be justified in making a seizure under such circumstances; and therefore, as there is great probability of clandestine attempts being made to introduce cargoes of this description, I shall be glad to be favoured with the earliest practicable intimation of the views of Her Majesty's Government on the subject.

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

I have the honour to inform your Excellency of my arrival in this bay, in the Confederate States steamer Alabama under my command. I have come in for supplies and repairs, and in the meantime I respectfully ask leave to land in Cape Town thirty-three prisoners, lately captured by me on board two of the enemy's ships destroyed at sea. The United States Consul will doubtless be glad to extend such hospitality and assistance to his distressed countrymen, as required of him by law.

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

I have the honour to acknowledge the receipt of your letter announcing your arrival in this port, and to state that I have no objection to offer to your landing the prisoners now detained in your ship.

I have further to beg that you will be good enough to state the nature and extent of the supplies and repairs you require, that I may be enabled to form some estimate of the time for which it will be necessary for you to remain in this port.

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

I have had the honour to receive your letter of this day's date, giving me permission to land my prisoners, and requesting me to state the nature of the supplies and repairs which I may require. In the way of supplies I shall need some provisions for my crew, a list of which will be handed you to-morrow by the paymaster, and as for repairs my boilers need some iron work to be done, and my bends require caulking, being quite open. I propose to take on board the necessary materials here, and to proceed with all despatch to Simon's Bay for the purpose of making these repairs.

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

I am directed by the Governor of this colony to acquaint you that he has received from the Consul for the United States at this port a representation, in which he sets forth that an American barque was yesterday captured by the ship which you command, in British waters, in violation of the neutrality of the British Government, and claims from him redress for the alleged outrage.

His Excellency will be glad, therefore, to receive from you any explanation you may wish to give as to the circumstances in which the capture was effected.

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

I have had the honour to receive your communication of this day's date, informing me that the United States Consul at this port had presented to his Excellency the Governor a representation in which he sets forth that an American barque was yesterday captured by this ship under my command in British waters, in violation of the neutrality of the British Government, and requesting me to make to his Excellency such representation as I may have to offer on the subject.

In reply, I have the honour to state that it is not true that the barque referred to was captured in British waters, and in violation of British neutrality; she having been captured outside all headlands, and a distance from the nearest land of between five and six miles. As I approached this vessel I called the particular attention of my officers to the question of distance, and they all agreed that the capture was made from two to three miles outside the marine league.

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

From reliable information received by me, and which you are also doubtless in possession of, a war steamer called the Alabama is now in Saldanha Bay, being painted, discharging prisoners of war, &c.

The vessel in question was built in England to prey upon the commerce of the United States of America, and escaped therefrom while on her trial trip, forfeiting bonds of £20,000, which the British Government exacted under the Foreign Enlistment Act.

Now, as your Government has a treaty of amity and commerce with the United States, and has not recognised the persons in revolt against the United States as a Government at all, the vessel alluded to should be at once seized and sent to England, from whence she clandestinely escaped. Assuming that the British Government was sincere in exacting the bonds, you have doubtless been instructed to send her home to England, where she belongs. But if, from some oversight, you have not received such instructions, and you decline the responsibility of making the seizure, I would most respectfully protest against the vessel remaining in any port of the colony another day. She has been at Saldanha Bay four [six] days already, and a week previously on the coast, and has forfeited all right to remain an hour longer by this breach of neutrality. Painting a ship does not come under the head of "necessary repairs," and is no proof that she is unseaworthy; and to allow her to visit other ports after she has set the Queen's proclamation of neutrality at defiance would not be regarded as in accordance with the spirit and purpose of that document.

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

I am directed by the Governor to acknowledge the receipt of your letter of yesterday's date relative to the Alabama.

His Excellency has no instructions, neither has he any authority, to seize or detain that vessel; and he desires me to acquaint you that he has received a letter from the Commander, dated the 1st instant, stating that repairs were in progress, and as soon as they were completed he intended to go to sea. He further announces his intention of respecting strictly the neutrality of the British Government.

The course which Captain Semmes here proposes to take is, in the Governor's opinion, in conformity with the instructions he has himself received relative to ships of war and privateers belonging to the United States and the States calling themselves the Confederate States of America visiting British ports.

The reports received from Saldanha Bay induce the Governor to believe that the vessel will leave that harbour as soon as her repairs are completed; but he will immediately, on receiving intelligence to the contrary, take the necessary steps for enforcing the observance of the rules laid down by Her Majesty's Government.

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

The Confederate steamer Alabama has just captured an American barque off Green Point, or about four miles from the nearest land (Robben Island). I witnessed the capture with my own eyes, as did hundreds of others at the same time. This occurrence at the entrance of Table Bay, and clearly in British waters, is an insult to England and a grievous injury to a friendly Power, the United States.

Towards the Government of my country and her domestic enemies the Government of England assumes a position of neutrality; and if the neutrality can be infringed with impunity, in this bold and daring manner, the Government of the United States will no doubt consider the matter as one requiring immediate explanation.

Believing that the occurrence was without your knowledge or expectation, and hoping you will take such steps to redress the outrage as the exigency requires, I am, &c.

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

I am directed by the Governor to acknowledge the receipt of your letter of yesterday's date respecting the capture of the Sea Bride by the Alabama, and to acquaint you that he will lose no time in obtaining accurate information as to the circumstances of the capture. I have, &c.,

(Signed) RAWSON W. RAWSON,

_Colonial Secretary._

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

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

I beg now to enclose for your Excellency's perusal, the affidavit of Captain Charles F. White, of the Sea Bride, protesting against the capture of the said barque in British waters. The bearings taken by him at the time of capture conclusively show that she was in neutral waters, being about two and a half miles from Robben Island. This statement is doubtless more satisfactory than the testimony of persons who measured the distance by the eye.

I believe that there is no law defining the word "coast" other than international law. That law has always limited neutral waters to the fighting distance from land, which, upon the invention of gunpowder, was extended to a distance of three nautical miles from land on a straight coast, and by the same rule, since the invention of Armstrong rifled cannon, to at least six miles.

But all waters inclosed by a line drawn between two promontories or headlands are recognised by all nations as neutral, and England was the first that adopted the rule, calling such waters the "King's chambers." By referring to "Wheaton's Digest," page 234, or any other good work on international law, you will find the above rules laid down and elucidated.

The fact that the prize has not already been burned, and that her fate is still in suspense, is clear proof that Captain Semmes had misgivings as to the legality of the capture, and awaits your Excellency's assent. If you decide that the prize was legally taken, you will assume a responsibility which Captain Semmes himself declined to take.

_Affidavit of C.F. White._

On this 6th day of August, A.D. 1863, personally appeared before me, Walter Graham, Consul of the United States at Cape Town, Charles F. White, master of the barque Sea Bride, of Boston, from New York, and declared on affidavit that on the 3d day of August instant, he sighted Table Mountain and made for Table Bay, but that on the 4th instant, night coming on, he was compelled to stand out. On the 5th instant, he again made for the anchorage, and about two P.M. saw a steamer standing toward the barque, which he supposed was the English mail steamer, but on nearing her, found her to be the Confederate steamer Alabama. He, Captain White, was peremptorily ordered to heave his vessel to as a prize to the Alabama. One gun was fired, and immediately after the demand was made another gun was fired. Two boats were lowered from the Alabama and sent on board the barque. The officer in charge of these boats demanded the ship's papers, which the said master was compelled to take on board the said steamer. This happened about a quarter before three o'clock. He and his crew were immediately taken from his vessel and placed as prisoners on board the Alabama, the officers and crew being put in irons. The position of the barque at the time of capture was as follows:--Green Point Lighthouse bearing south by east; Robben Island Lighthouse north-east.

The said appearer did further protest against the illegal capture of said vessel, as she was in British waters at the time of capture, according to bearings.

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

Understanding from your letter of this date, received this morning,[17] that the case of the Sea Bride is still pending, I enclose the affidavits of the first officer of that vessel and the cook and steward, which I hope will throw additional light on the subject.

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

From the affidavit of the first officer, it appears that the alleged prize was brought within one and a half miles of Green Point Lighthouse yesterday at one o'clock P.M. Now, as the vessel was at that time in charge of a prize crew, it was a violation of neutrality as much as if the capture had been made at the same distance from land.

Pending your decision of the case I would most respectfully suggest that the prize crew on board the Sea Bride be removed, and that the vessel be put in charge of a crew from Her Majesty's ship Valorous.

_Affidavit of James Robertson._

On the day and date hereof before me, Walter Graham, Consul for the United States of America at Cape Town, personally came and appeared James Robertson, cook and steward of the barque Sea Bride, an American vessel, and made affidavit that he was on board said barque on the night of the 5th day of August instant, after the said barque had been captured as a prize by the Confederate steamer Alabama, and a prize crew put on board. That at about five minutes before two o'clock A.M. of the 6th instant, the prize crew on board the said barque received a signal from the Alabama aforesaid to burn the said barque, and immediately all hands were called to execute that order. That the sails were clewed, a tar barrel taken from underneath the topgallant forecastle and placed in the forecastle, and a bucketful of tar, with other combustibles and ammunition, ordered on the cabin table, but that when these arrangements were completed, another signal was received from the said Alabama, countermanding the order to burn the said prize, and to stand off and on the land until daylight, which orders were obeyed.

_Affidavit of John Schofield._

On the day and date hereof before me, Walter Graham, Consul for the United States of America at Cape Town, personally came and appeared John Schofield, first officer of the barque Sea Bride, of Boston, who made affidavit that he was on board of said vessel at one o'clock P.M. yesterday, the 6th day of August instant, while she was in possession of a prize crew of the steamer Alabama; that he took the bearings of said barque at that time, which were as follows: Robben Island Lighthouse bore north-east by north one-half north, Green Point Lighthouse bore south-west one-half west.

He also deposed that the officer in command of the barque came on deck about that time, and stamping his foot as if chagrined to find her so near the land, ordered her further off, which was done immediately.

I am directed by the Governor to acknowledge the receipt of your letter of this date, inclosing two affidavits relative to the Sea Bride, and to state that his Excellency is not prepared to admit that the fact of that vessel having been brought by the prize crew within one and a half miles of the Green Point Lighthouse "was a violation of the neutrality as much as if the capture had taken place at the same distance from land," although both the belligerents are prohibited from bringing their prizes into British ports.

The Governor does not feel warranted in taking steps for the removal of the prize crew from the Sea Bride.

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

With reference to the correspondence that has passed relative to the capture by the Confederate States steamer Alabama, of the barque Sea Bride, I am directed by the Governor to acquaint you that, on the best information he has been enabled to procure, he has come to the conclusion that the capture cannot be held to be illegal, or in violation of the neutrality of the British Government, by reason of the distance from land at which it took place.

His Excellency will, by next mail, make a full report of the case to Her Majesty's Government.

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

Your decision in the case of the Sea Bride was duly received at four o'clock p. M. on Saturday. In communicating that decision you simply announce that the vessel was, in your opinion, and according to evidence before you, a legal prize to the Alabama; but you omit to state the principle of international law that governed your decision, and neglect to furnish me with the evidence relied upon by you.