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owned by citizens of the United States, and while engaged in lawful commerce [as if lawful commerce was not a subject of capture, during war] was captured as a prize by the Alabama. She was subsequently fitted out with arms, by the Alabama, to prey upon the commerce of the United States, and now, without having been condemned as a prize, by any Admiralty Court of any recognized government, she is permitted to enter a neutral port, in violation of the Queen's proclamation, with her original cargo on board.
Against this proceeding, I, hereby, most emphatically protest, and I claim that the vessel ought to be given up to her lawful owners.
It is quite true that the
Tuscaloosa had not been condemned by a prize court of the
Confederacy, but it was equally true that the
Sovereign Power of the
Confederacy, acting through its authorized agent, had commissioned her as a ship of war, which was the most solemn condemnation of the prize, that the
Sovereign could give.
It was equally true, that no nation has the right to inquire into the
antecedents of the ships of war of another nation.
But these were points beyond the comprehension of the gadfly.
The following was the answer of the
Governor.
The Colonial
Secretary writes:—
I am directed by the Governor to acknowledge the receipt of your letter of this date, and to acquaint you, that it was not until late last evening, that his Excellency received from the Naval Commander-in-Chief, information, that the condition of the Tuscaloosa was such as, as his Excellency is advised, to entitle her to be regarded as a vessel of war. The Governor is not aware, nor do you refer him to the provisions of the International Law, by which captured vessels, as soon as they enter our neutral ports, revert to their original 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.
We remained five days at Simon's Town.
We did not need coal, but we had some caulking of the bends, and replacing of copper about the water-line to do, and some slight repairs to put upon our engine.
Whilst these preparations for sea were going on, we had some very pleasant intercourse with the officers of the station and the citizens on shore.
Besides the
Narcissus, flag-ship, there were one or two other British ships of war at anchor.
There were some officers stationed at the navy-yard, and there was a Chinese gunboat,
