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 a.s.sent. If you decide that the prize was legally taken, you will a.s.sume 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 pa.s.sed 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 Sat.u.r.day. 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 circ.u.mstances I can neither have the evidence verified or reb.u.t.ted 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 ill.u.s.trated to the people of Cape Town had an American war-vessel appeared on the scene, and engaged the Alabama in battle. In such a contest with cannon carrying a distance of six miles (three overland), the crashing buildings in Cape Town would have been an excellent commentary on your decision.
But the decision has been made, and cannot be revoked here, so that further comment at present is, therefore, unnecessary. It can only be reversed by the Government you represent, which it probably will be when the United States Government shall claim indemnity for the owners of the Sea Bride.
An armed vessel named the Tuscaloosa, claiming to act under the authority of the so-called Confederate States, entered Simon"s Bay on Sat.u.r.day the 8th instant. That vessel was formerly owned by citizens of the United States, and while engaged in lawful commerce was captured as a prize by the Alabama. She was subsequently fitted out with arms by the Alabama to prey upon the commerce of the United States, and now, without having been condemned as a prize by any Admiralty Court of any recognized Government, she is permitted to enter a neutral port in violation of the Queen"s Proclamation, with her original cargo on board. Against this proceeding I hereby most emphatically protest, and I claim that the vessel ought to be given up to her lawful owners. The capture of the Sea Bride in neutral waters, together with the case of the Tuscaloosa, also a prize, const.i.tute the latest and best ill.u.s.tration of British neutrality that has yet been given.
Mr. Rawson to Mr. Graham. August 10, 1863.
I am directed by the Governor to acknowledge the receipt of your letter of this date, and to state with reference to that part of it which relates to the Tuscaloosa, that his Excellency is still in correspondence with the Commander-in-chief respecting the character of that vessel, and the privileges to which she is ent.i.tled.
Mr. Graham to Sir P. Wodehouse. August 12, 1863.
Upon receiving your last communication to me dated the 10th instant, I deemed it simply a report of progress on one subject treated of in my last letter to your Excellency, and I have therefore waited anxiously for the receipt of another letter from the Colonial Secretary communicating the final result in the case. Failing to receive it, and hearing yesterday P.M. that the Tuscaloosa would proceed to Sea from Simon"s Bay to-day, I applied for an injunction from the Supreme Court to prevent the vessel sailing before I had an opportunity of showing by witnesses that she is owned in Philadelphia in the United States, and her true name is Conrad; that she has never been condemned as a prize by any legally const.i.tuted Admiralty Court; and that I am ex officio the legal agent of the owners, underwriters, and all others concerned. I have not yet learned the result of that application, and fearing that delay may allow her to escape, I would respectfully urge you to detain her in port until the proper legal steps can be taken.
I am well aware that your Government has conceded to the so-called Confederate States the rights of belligerents, and is thereby bound to respect Captain Semmes" commission; but having refused to recognize the "Confederacy" as a nation, and having excluded his captures from all the ports of the British Empire, the captures necessarily revert to their real owners, and are forfeited by Captain Semmes as soon as they enter a British port.
Hoping to receive an answer to this and the preceding letter as early as possible, and that you will not construe my persistent course throughout this correspondence on neutral rights as importunate, or my remarks as inopportune, I have, &c.
Mr. Rawson to Mr. Graham. August 12, 1863.
I am directed by the Governor to acknowledge the receipt of your letter of this date, and to acquaint you that it was not until late last evening that his Excellency received from the naval Commander-in-chief information that the condition of the Tuscaloosa was such as, as his Excellency is advised, to ent.i.tle 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 circ.u.mstances!!! He gives you credit for acting on a strict sense of duty to your country.
Mr. Graham to Sir P. Wodehouse. August 17, 1863.
I have delayed acknowledging the receipt of your last letter, dated the 12th August, on account of events transpiring, but which have not yet culminated so as to form the subject of correspondence.
Your decision that the Tuscaloosa is a vessel of war, and by inference a prize, astonishes me, because I do not see the necessary incompatibility. Four guns were taken from on board the Talisman (also a prize), and put on board the Conrad (Tuscaloosa), but that transfer did not change the character of either vessel as a prize, for neither of them could cease to be a prize till it had been condemned in an Admiralty Court of the captor"s country, which it is not pretended has been done. The Tuscaloosa, therefore, being a prize, was forbidden to enter Simon"s Bay by the Queen"s Proclamation, and should have been ordered off at once; but she was not so ordered. Granting that Her Majesty"s Proclamation affirmed the right of Captain Semmes as a belligerent to take and to hold prizes on the high seas, it just as emphatically denied his right to hold them in British ports. Now, if he could not hold them in Simon"s Bay, who else could hold them except those whose right to hold them was antecedent to his-that is, the, owners?
The Tuscaloosa remained in Simon"s Bay seven days with her original cargo of skins and wool on board. This cargo, I am informed by those who claim to know, has been purchased by merchants in Cape Town; and if it should be landed here directly from the prize, or be transferred to other vessels at some secluded harbour on the coast beyond this Colony, and brought from thence here, the infringement of neutrality will be so palpable and flagrant that Her Majesty"s Government will probably satisfy the claims of the owners gracefully and at once, and thus remove all cause of complaint. In so doing it will have to disavow and repudiate the acts of its executive agents here-a result I have done all in my power to prevent.
Greater cause of complaint will exist if the cargo of the Sea Bride is disposed of in the same manner, as I have reason to apprehend it will be when negotiations are concluded; for being originally captured in neutral waters, the thin guise of neutrality would be utterly torn into shreds by the sale of her cargo here.
The Georgia, a Confederate war-steamer, arrived at Simon"s Bay yesterday, and the Florida, another vessel of the same cla.s.s, has arrived, or is expected hourly at Saldanha Bay, where she may remain a week without your knowledge, as the place is very secluded. The Alabama remained here in Table Bay nearly four days, and at Simon"s Bay six days; and as the Tuscaloosa was allowed to remain at Simon"s Bay seven days, I apprehend that the Georgia and Florida will meet with the same or even greater favours. Under such circ.u.mstances further protests from me would seem to be unavailing, and I only put the facts upon record for the benefit of my Government and officials possessed of diplomatic functions.
Mr. Rawson to Mr. Graham. August 19, 1863.
I am directed by the Governor to acknowledge the receipt of your letter of the 17th instant, and to state that he has, during the recent transactions, endeavoured to act in strict conformity with the wishes of Her Majesty"s Government; he will in like manner pursue the same course in any future cases which may arise.
I am to add that His Excellency has no reason to believe that either the Alabama or the Tuscaloosa have been allowed to remain in the ports of the Colony for a greater length of time than the state of the weather, and the execution of the repairs of which they actually stood in need, rendered indispensable.
Statement of Joseph Hopson.
Joseph Hopson, keeper of the Green Point Lighthouse, states:
I was on the look-out on Wednesday afternoon when the Alabama and Sea Bride were coming in. When I first saw them the steamer was coming round the north-west of Robben Island, and the barque bore from or about five miles west-northwest. The barque was coming in under all sail with a good breeze, and she took nothing in when the gun was fired. I believe two guns were fired, but the gun I mean was the last, and the steamer then crossed the stern side of the barque, and hauled up to her on the starboard side. He steamed ahead gently, and shortly afterwards I saw the barque put round with her head to the westward, and a boat put off from the steamer and boarded her. Both vessels were then good five miles off the mainland, and quite five, if not six, from the north-west point of Robben Island.
Statement of W.S. Field, Collector of Customs.