5. The vessel in question is at present moored in this bay, in charge of an officer and a few men belonging to Her Majesty"s ship Narcissus, where she will remain until she can be properly transferred to her lawful owners, as requested by the Governor.
Questions to be put to the Officer in Command or Charge of the barque Tuscaloosa, carrying the Flag of the so-called Confederate States of America.
Ship"s name and nation?-Tuscaloosa. Confederate.
Name and rank of officer in command?-Lieutenant Low, late Alabama.
Tonnage of the ship?-500.
Number of officers and men on h.o.a.rd?-4 officers and 20 men.
Number and description of guns on board?-3 small bra.s.s guns, 2 rifled 12 pounders, 1 smooth-bore-pounder.
Where is she from?-St. Katherine"s, Brazils.
Where is she bound?-Cruising.
For what purpose has the ship put into this port?-For repairs and supplies.
Is it the same ship that was captured by the Alabama, and afterwards came to this port on the 9th of August last?-Yes.
What was her original name, on being captured by the Alabama?-Conrad, of Philadelphia.
When was she captured by Alabama?-21st June, 1863.
To what nation and to whom did she belong before her capture?-Federal States of America.
Has she been taken before any legally const.i.tuted 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 const.i.tute her as the Confederate barque Tuscaloosa?-The commission of the Lieutenant commanding the Tuscaloosa from Captain Semmes. The officers also have commissions to their ship from him.
Are the papers which belonged to her before she was seized by the Alabama on board?-No.
Is there any cargo on board, and what does it consist of?-No cargo-only stores for ballast.
(Signed) JOHN LOW,
Lieut.-Commander, Confederate States barque Tuscaloosa.
(Signed) FRANCIS L. WOOD,
Lieutenant and Boarding Officer, Her Majesty"s ship Narcissus.
Rear-Admiral Sir B. Walker to Lieutenant Low, C.S.N. December 27, 1863.
As it appears that the Tuscaloosa, under your charge and command, is a vessel belonging to the Federal States of America, having been captured by the Confederate States ship of war Alabama, and not having been adjudicated before any competent Prize Court, is still an uncondemned prize, which you have brought into this port in violation of Her Britannic Majesty"s orders for the maintenance of her neutrality, I have the honour to inform you that, in consequence, I am compelled to detain the so-called Tuscaloosa (late Conrad) with a view of her being restored to her original owners, and I request you will be so good as to transfer the charge of the vessel to the officer bearing this letter to you.
Rear-Admiral Sir B. Walker to Sir P. Wodehouse. December 28, 1863.
I have the honour to inform your Excellency that, acting upon your concurrence in my opinion with reference to the instructions received from home by the last mail, I have detained the barque Tuscaloosa (late Conrad of Philadelphia), because she is an uncondemned prize, taken by the Confederate States ship of war Alabama, and brought into British waters in violation of Her Majesty"s Orders for maintaining her neutrality, and with the view to her being restored to her original owners.
I shall be ready to hand her over to the Consul of the United States at Cape Town, or to any person you may appoint to take charge of her.
I should add that Lieutenant Low has given up the Tuscaloosa (late Conrad) under protest, which he is about to make in writing, a copy of which shall be transmitted to your Excellency as soon as received.
Lieutenant Low, C.S.N., to Sir P. Wodehouse. December 28, 1863
As the officer in command of the Confederate States ship Tuscaloosa, tender to the Confederate States steamer Alabama, I have to record my protest against the recent extraordinary measures which have been adopted towards me and the vessel under my command by the British authorities of this Colony.
In August last the Tuscaloosa arrived in Simon"s Bay. She was not only recognised in the character which she lawfully claimed and still claims to be, viz., a commissioned ship of war belonging to a belligerent Power, but was allowed to remain in the harbour for the period of seven days, taking in supplies and effecting repairs with the full knowledge and sanction of the authorities.
No intimation was given that she was regarded in the light of an ordinary prize, or that she was considered to be violating the laws of neutrality. Nor, when she notoriously left for a cruise on active service, was any intimation whatever conveyed that on her return to the port of a friendly Power, where she had been received as a man-of-war, she would be regarded as a "prize," as a violater of the Queen"s proclamation of neutrality, and consequently liable to seizure. Misled by the conduct of Her Majesty"s Government, I returned to Simon"s Bay on the 26th instant, in very urgent want of repairs and supplies; to my surprise I find the Tuscaloosa is now no longer considered as a man-of-war, and she has by your orders, as I learn, been seized for the purpose of being handed over to the person who claims her on behalf of her late owners.
The character of the vessel, viz., that of a lawful commissioned man-of-war of the Confederate States of America, has not been altered since her first arrival in Simon"s Bay, and she, having been once fully recognised by the British authorities in command in this Colony, and no notice or warning of change of opinion or of friendly feeling having been communicated by public notification or otherwise. I was ent.i.tled to expect to be again permitted to enter Simon"s Bay without molestation.
In perfect good faith I returned to Simon"s Bay for mere necessaries, and in all honour and good faith, in return, I should on change of opinion or of policy on the part of the British authorities, have been desired to leave the port again.
But by the course of proceedings taken, I have been (supposing the view now taken by your Excellency"s Government to be correct) first misled and next entrapped.
My position and character of my ship will most certainly be vindicated by my Government. I am powerless to resist the affront offered to the Confederate States of America by your Excellency"s conduct and proceedings.
I demand, however, the release of my ship; and if this demand be not promptly complied with, I hereby formally protest against her seizure, especially under the very peculiar circ.u.mstances of the case.
Mr. Bawson to Lieutenant Low, C.S.N. December 29, 1863.
I am directed by the Governor to acknowledge the receipt of your letter of yesterday"s date protesting against the seizure of the Tuscaloosa, whose character you represent to be the same as when, in August last, she was admitted into the port of Simon"s Bay, and I am to acquaint you in reply that a full report was submitted to Her Majesty"s Government of all that took place on the first visit of the Tuscaloosa, and that the seizure has now been made in conformity with the opinion expressed by them on that report.
Your protest will of course be transmitted for their consideration.
Rear-Admiral Sir B. Walker to Sir P. Wodehouse. December 29, 1863.
Lieutenant Low, the officer belonging to the Confederate States ship of war Alabama, late in charge of the barque called the Tuscaloosa (properly the Conrad of Philadelphia), having sent me a copy of the protest which he has forwarded to your Excellency against the detention of that vessel, I think it right to inclose for your information the copy of my letter to Lieutenant Low[18] explaining the circ.u.mstances under which the so-called Tuscaloosa is detained.
[Footnote 18: This letter is not given in the Blue Book.]
Sir P. Wodehouse to the Duke of Newcastle. January 11, 1864.
I very much regret having to acquaint your Grace that the Confederate prize vessel the Tuscaloosa has again entered Simon"s Bay, and that the Naval Commander-in-chief and myself have come to the conclusion that, in obedience to the orders transmitted to his Excellency by the Admiralty, and to me by your Grace"s despatch of the 4th November last, it was our duty to take possession of the vessel, and to hold her until properly claimed by her original owners. The Admiral, therefore, sent an officer with a party of men from the flag-ship to take charge of her, and to deliver to her commander a letter in explanation of the act. Copies of his protest, addressed to me, and of my reply, are inclosed. He not unnaturally complains of having been now seized, after he had on the previous occasion been recognised as a ship of war. But this is manifestly nothing more than the inevitable result of the overruling by Her Majesty"s Government of the conclusion arrived at on the previous occasion by its subordinate officer.
The Consul for the United States, on being informed of what had taken place, intimated his inability to take charge of the ship on account of the owners, and expressed a desire that it should remain in our charge until he was put in possession of the requisite authority. Accordingly, after taking the opinion of the Attorney-General, it was arranged that the vessel should remain in the charge of Sir Baldwin Walker.
I ought to explain that the seizure was made without previous reference to the Attorney-General. I did not consider such a reference necessary. The law had been determined by Her Majesty"s Government on the previous case. The Admiral was of opinion that we had only to obey the orders we had received, and on his intimating that opinion I a.s.sented.
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 pa.s.sages to England at the cost of Her Majesty"s Government, by whom, I conclude, they would be sent to their own country; and it is probable that if the Alabama should not soon make her appearance, such an arrangement will become necessary.
I have only to add that I have thought it advisable, after what has now occurred, to intimate to the United States Consul that we should probably be under the necessity of adopting similar measures in the event of an uncondemned prize being fitted for cruising, and brought into one of our ports by a Federal ship of war. I did not speak positively, because I have been left in doubt by your Grace"s instructions whether some distinction should not be drawn in the case of a ship of war of one belligerent captured and applied to the same use by the other belligerent, but the Consul was evidently prepared for such a step. Copies of all the correspondence are inclosed.
Mr. Rawson to Mr. Graham. December 28, 1863.