The Sun.
London, England, 1864-02-15 00:00:00

CAPE OF GOOD HOPE.

The East India and London Shipping Company's
steamship Cllcutta, Capt, S. H. Wright, arrived at
Spithead yesterday morning, from Calcutta and the
Cape of Good Hope, after a rapid passage of 68 days
at sea, and brings intelligence of the seizure of the
Confederate cruiser Tuscalooza in Simon's Bay, by
her Majesty's chip Nareissus,under orders from the I,
Governor. . _

'rho following summary of Cape news is from the
Cape Argus of January 6 :
Since the departure of the mail steamer Cambrian on the
21st December, the most interesting event that has occurred
has been the seizure, by the Government, under orders
from home, of the Confederate cruiser Tuscalooza, formerly
the Federal Bark Conrad. The Tusc ilooza, which was in
Simon's Bay rather more than three months ago, returned
to that port on Saturday, December 26. Lieut. Lowe, her
commander, reported that since her last visit the Tusca-
looza had been cruising between the Cape and Brazil, and
had spoken nearly 100 vessels. But of that number only
one happened to be a Federal. That one was the ship
Living Age, which, having an English cargo on board,
was released on giving a bond. During her cruise the Tus-
calooza put into one of the Brazilian ports for water and
supplies, but was refused both, in consequence of which her
crew aro said to have been placed upon short allowance.
Lieut. Lowe hoped on his visit to Simon's Bay to get the
bottom of his vessel recoppered, as well as to take in all the
supplies ho needed. But his hopes were doomed to disap-
pointment, for en the day after her arrival Admiral Sir
Baldwin Walker despatched from the flagship a lieute-
nant and a boarding party of twenty-five men to take
possession of the Tuscaleeza in the Queen's name.
The office: promptly executed the orders of the Ad-
miral, and the vessel was seized accordingly. Lieut.
Lowe lodged with the Admiral a formal protest against the
seizure, which will be transmitted to the home Government.
The United States Consul, Mr. Graham, lodged a claim to
the vessel on behalf of her former owners, end has since
been informed by the Government that she will be detained
until she can be handed over to them. The point upon
which the authorities at home differ in opinion from Mr.
Dennyssen, who was acting Attorney-General, and, as such,
legal adviser of the Government, when the Tuscalooza
formerly visited the Cape, is as to the competency of Captain
Semmes to condemn prizes without taking them to a regu-
larly constituted prize court. Such court Captain Semmes
claims to cmstitute on board the Alabama by virtue of
authority from his Government ; and the question at issue
is, whether that court, or pretended court, is a court whose
decisions aggrivod persons aro bound to submit to, and
and other Governments to acknowledge and accept. In our
view the very idea of a court implies that the persons whose
property is to be disposed of shall have the right of being
present and the power of advocating their cause. With
these conditions it cannot be said that the court held by
Captain Semmes on board the Alabama complies. And his
court, certainly, is not such a court as the other Powers of
the world have established. It may be said that the cir-
cumstances of the Confederate States are exceptional, and
that the coast being blockaded by a superior naval power, it
would be impossible for Captain Semmes to send his prizes
for condemnation to a court of his own country. But that,
we take it, in an accident, all the unpleasant consequences
of which the Confederates must submit to ; and if Captain
Semmes' court be net such a court as indepoodent powers
aro bound to acknowledge and respect, the condemnation
was clearly illegal. Upon that point, she whole case turns.
If the condemnation was illegal the conversion of the Con-
rad into an armed cruiser and her commission as such was
equally so, and she cannot claim indemnity from seizure as
a man-of-war. If, on the other hand, it is hold that the
condemnation was sufficient then is the Tuscalooza entitled
to all the privileges of a ship of war, ono of which is freedom
from arrest.
The public feeling here upon the subject is exactly ex-
pressed in the following letter of our Simon's Bay corres-
pondent:—

Simon's Bay, Doc. 28, 1863,

&e. Iler commander ha fug
been e re
on r a
On Saturday the Confederate vessel Tuscalooza arrived
received by the authorities here
as an accredited officer in charge of a Confederate inan•of-
hfur
repairs,
previous
war, thought (having been more than 3 months away) that
he could safely enter this port and obtain his supplies, &c.
lie, however, Was wrong, for tho Admiral has seized his
ship, and Will holds possession of her. Of course the autho-
ritice are acting rip to their instructions, and there is no
den) ing this fact—that if it is lawful and right to seize the
ship now it was neither lawful nor right to receive her as
she was received on a former occasion•—recognize her as a
Confederate man-of. war, allow her commander to leave this
port under that impression, and on his return, fully believ-
ing that all was right, to seize his ship without any warning.
Letters from St. Helena state that Capt. Baldwin had
held a court of inquiry on board the Vanderbilt respecting
the death of Mr. Gray, chief mate of the Saxon, seized at
Angra Pequina with part of the cargo of the Conrad on
board, and that the evidence went to show that it was acci-
dental, but Capt. Baldwin considered that a fuller investi-
gation into the affair should be made when the Saxon
reached New York.