CO885-(10-11) — Page 266

10591.

No. 218.

ཀ?།། །

PUBLIC RECORD OFFICE

ست.

༦།

Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

(CAPE OF GOOD HOPE.)

LAW OFFICERS to FOREIGN OFFICE.

-

MY LORD,

Lincoln's Inn, October 19, 1863. We are honoured with your Lordship's commands signified in Mr. Hammond's letter of the 30th September ultimo, stating that he was directed by your Lordship to transmit to us the accompanying letters and their enclosures from the Admiralty and Colonial Office relative to the proceedings at the Cape of Good Hope of the Confederate vessels of war "Georgia,” Alabama," and her reputed tender "Tuscaloosa," and to request that we would take the various questions raised in these papers, and especially the opinion given by the Acting Attorney General of that Colony, with regard to the latter vessel into our consideration, and favour your Lordship with such observations as we might have to make thereupon.

We are also honoured with your Lordship's commands signified in Mr. Hammond's letter of the 2nd October instant, stating that with reference to his letter of the 30th ultimo he was directed by your Lordship to transmit to us the accompanying letter from Mr. Adams relative to the proceedings of the "Alabama" off the Cape of Good Hope, and to request that we would take the same into our consideration, together with the papers on this subject then before us, and favour your Lordship with our opinion thereupon.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

That so far as relates to the capture of the "Sea Bride" made by the “Alabama,” it appears, as we understand the evidence, to have been offected beyond the distance of three miles from the shore; and, as we have already had the honour to report to your Lordship, that distance must be accepted as the limit of territorial jurisdiction, according to the present rule of International Law upon that subject. It appears, how- ever, that this prize, very soon after her capture, was brought within the distance of two miles from the shore, and, as this was contrary to Her Majesty's orders, it might have afforded just grounds (if the apology of Capt. Semmes for this improper act, which he ascribed to inadvertence, had not been accepted by Sir Philip Wodehouse) for the interference of the authorities of the Cape Colony, upon the principles which we are about to explain.

2nd. With respect to the "Alabama" herself, we are clearly of opinion that neither the Governor nor any other authority at the Cape could exercise any jurisdiction over her, and that whatever was her previous history they were bound to treat her as a ship of war belonging to a belligerent power.

Upon the third point raised with regard to the vessel called the "Tuscaloosa," we are not able to agree with the opinion expressed by the Attorney General of the Cape Colony, that she had ceased to have the character of a prize captured by the "Alabama" merely because she was, at the time of her being brought within British waters, armed with two small* pounder guns, in charge of an officer, and manned with a crew of 10 men from the Alabama," and used as a tender to that vessel under the authority of Capt. Semmes.

+

"

JE

It would appear that the "Tuscaloosa is a barque of 500 tons captured by the "Alabama off the coast of Brazil on the 21st June last, and brought into Sizon's Bay on or before the 7th of August with her original cargo of wool (itself, as well as the vessel, prize) still on board, and with nothing to give her a warlike character (so far as appears from the papers before us) except the circumstances already noticed.

We therefore do not feel called upon in the circumstances of this case to enter into the question, whether in the case of a vessel duly commissioned as a ship of war, after being made prize by a belligerent Government, without being first brought infra præsidia or condemned by a court of prize, the character of prize within the meaning of Her Majesty's Orders would or would not be merged in that of a national ship of

• Sic.

o 16970.--56.

25.-2/86.