1687.
No. 238.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to FOREIGN OFFICE.
Lincoln's Inn, February 20, 1864. MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 15th instant, stating that he was directed by your Lordship to transmit to us a letter and its enclosures from the Admiralty, reporting the detention of the barque
'Tuscaloosa" by the British authorities at Šimon's Bay on her return to that anchorage on the 26th December last, and requesting to be informed, with reference to the concluding paragraph of our report of the 8th instant respecting that vessel, what instructions should be given to Sir B. Walker. And to request that we would take this matter into our consideration and favour your Lordship with our opinion thereupon.
In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to
Report
། ། ། །
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
"Tuscaloosa" ought, in the particular cir- That we are clearly of opinion that the cumstances of the case, to be restored to the Lieutenant of the Confederate States who lately commanded her. In our last report we expressly stated that, inasmuch as nor the officer in charge of the "Tuscaloosa" had neither the captain of the "Alabama received any intimation of the altered course which Her Majesty's Government might be about to adopt respecting her, good faith would require that she (or any other vessel or similar circumstances)† should not be seized without due notice being previously given. We think that the protest of Lieutenant Low is well founded in this respect. We are of opinion that when the "Tuscaloosa" is restored, Lieutenant Low should be duly warned that if she re-enters any of Her Majesty's ports or harbours she will be liable (unless Her Majesty's Government should see any reason to the contrary) to be detained and restored to her original owners as a prize vessel captured by a ship fitted out and manned in violation of the laws made for the preser- vation of British neutrality, and brought into British waters in contravention of Her Majesty's orders. We may refer to our last report on this subject as to the circum- stances which might make a difference in the proper mode of treating such a vessel. A condemnation in a prize court or a regular and independent commission as a public ship of war direct from the Confederate Government would (in our opinion) certainly have that effect.
If in any future case there should be reason to entertain serious doubt as to the true character of any vessel which, having been captured by any Confederate ship fitted out in or manned from this country in violation of the Foreign Enlistment Act, has afterwards been employed as a vessel of war, and brought as such into a British port (or if there should be probable reason for supposing that such vessel after previous re- cognition as a ship of war has come in inadvertently without knowledge of Her Majesty's orders), we think the most advisable course will be to order her immediate departure, with a similar notice as to the consequences of her continuance or return within British jurisdiction, and not to proceed to make an actual seizure until such notice has been given and disregarded.
We think it necessary to add that the suggestions made in our report of the 19th October last (as to the course which it might have been most consistent with Her Majesty's dignity, and most proper for the vindication of her territorial rights, to pursue in such a case as that of the "Tuscaloosa ") is to be understood only with reference to prizes taken by the "Alabama" or by any other ship known to have been If it should happen fitted out or manned in violation of the laws of Great Britain.
that any duly commissioned ship of war, either of the Federals or of the Confederates not known to have been fitted out or manned in violation of the laws of Great Britain, should bring any prize taken by her into British waters in contravention of Her Majesty's orders against bringing in prizes, the proper course (in such a case) would
• No. 231.
tie. A vessel which had been on a previous occasion deliberately, and with knowledge of the circumstances, slmitted into Her Majesty's ports, as being a recognised ship of war, and not a prize.-R.P.
0 16178.-67. 25.-2/86,
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