Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1864-06-29

and changed her name to ths Td8cslocsa. aad
employed her as = tender Of the hiahaass
Tbs two vessels were in company at ths Csus
Of Good Hope in the beginning OF August, end
/ Captain Ssnmes ordered tho Fascal0Osa 70
Sim5n's bay for the purpose of obtaining pYovi-
sions and undergoing soms slight repairs. She
| arrived Cf Simon's bay on tbs 7th Of August.
The Admiral upon the station, SIR BaidRin
/ Walker, doubted whether she could properly Be
considered. as the tender of the AiGBAInk
whether shs did not retain her preVi0us chsrac-
/ tor Of an uncondsmne1 prize, and tksrsloro
whether shs could be admitted under tha terms
Of her Mzjssty's proclamation fo.bidding the
armed shnps OF both bsiEgsTeats from coming
| into British ports with their prizes He wrote
to Gsv. WOdshouse, who consulted The attorney
/ general at tbs Cape. The attorney general gave
/ il As ms opinion that, by reason OF lhs vessel
having been armed by the czPtors, and having
/ had a lieutenant and crew put on beard tbs
Tuscaloosa was a vessel Of war, and might
enter the bay; and accordingly the Tuscsl00sa
anchored in Simon's bay On the S.h Of August,
and remained there till the 10Th. While she
Wsy lying at anehsT there, tina United States
consul claimed that she should be retained on
bshslf Of the original owners. Having men
toned that the TusealoosA's tTue name was tho
Conrad, and that she had never been CONDEMNED
as prizs BY any lawfully constituted sdmiIAlty
eourt, he proceeded TO say:
Il am well aware that your Government has
c0needsd 10 the Bs-e8llsd Confederate States the
| rights Of bsiligersnlS, and is thsTeby bound to
rssp pect Captain SoAlrnes' commission; bat hay
ing refused to recognise the 'ConfedaTsoy y
nation. aud having excluded bis captures from
/ all the ports of the British Enpi o, the cap
lures neeessalily revert 10 their sEnerg, and are
forfeited by Capt. Ssmmes IS soon as they enter
British poTt.'
In reply the governor wrote he Uaiisd States
consul:
The govsTnOr IS not aware, nor do you refer
/ him to the provisions of International law by
which captured vsssslE, as s0oR IS they enter
cur neu,sl ports revert TO Their real aers, and
ara forfeited By their cspiors. But his ELesl-
/ lencY believes tb&t the claims Of eonieading
parties 70 vessels captured can only be deter
mined in the first instance by the courts Of sbe
eaptoT's c0unlCy."
/ The United States Consul reioiued That BY
/ The terms Of the Queens proclamation tile Eus.
cslOoss was forbidden to enter SimOns eag,
that she was there as a Drizs, having on board
her original cargo OF skins and wool, snd As
Captain Semaes could not hold pTizss in Slmion's
:. bay, "who else could bold them except thoss
/ whose right to hold them was anieeedent 70 his
that is, tie owners ~ That claim was ex-
trAvagAnt and illogical but it has bssn sane,
toned by Her Mkjssty 3 government In reply
to q dispatch from Governor WO1ehouse, an an
swer was sent BY Her Msjesfy's government,
and be eLord ChslmsioTd) ''eoad not hello think
Il ing that the instructions conveyed ia 1t we're
the resulEof Federal pressure" After "rsther a
| unenseing corFespondenea on ths part Of the
Uniled States Minister" the following ihstrue-
tions were sent to Governor Wodehouse on tba
4sh November from the Colonial ffcs;
"With regard to the vessel called tsS lgs9l-
loosa, sm advised that ihis vessel did hot less
AT ,.f-,, 7 u
bama merely because she was at the time Of her
being brought within Britigh waters, armed with
taFo small rihed guus.-ln charge Of an officer,
and manned with crew of ten men from the
Alabama, snd used as . tender TO that vessel
under the sRalhoriiy Of Captain Semnes. Il
would apD5zf that the TuseslOoss is g bark OF
of 500 tuns, eEptufed by tbs Alahsna off the
coast of Brazil on the 2lst OF june last, and
brought into Simon's bay on OF before the z+h
Of august, Sith hor original cargo Of wool (it-
self as well as the vessel, pTizs) sill on board,
and with nothing 70 give her wAriike eharAe,
ter ESQ far ss is stated IN the pspsTs before me)
| except the circumstances already noticed
Whelher, in the case of vessel duly commits
missioued as = ship Of war aGeF balng made
prize by = belligerent government, without
being frat braughs iAfra pTesidis or condemned
by q court of pnzs, the character Of pIizs, with
In the meaning of her MsjeEty's orders, would
or WOuiQ nos % NieIE6u ~ huak lI = nNIOLal
slip OF wsr, I am not called upon to explain.
Il is enough to say thdt the citation from Mr..
Wheston'a beck by your attorney general does
net appear to me to have any direct bssring
upon the question" And then tho Duke OF
Newcastle coneludeds&s follows;
aThs question remains whss course ought 10
have been taken by the authorities OF the Cape
1st, il order to ascertain whether This vessel
vas, as alleged by the United States esnsul, an
unc5ndemned prizs brought within British wa.
ieTs ia violation Of her MAjsasy's neutrality
and q, what ought to rave been done If such
had appeared 70 be reslly tho fact l th.uk thai
the ailegations Of the United States consul
ought t. hays bsen brought to the knowledge oi
Captain Ssrnmes while the TuscAlooss WAS stil
within B5iIish waters, and thst he should have
been requested 20 state whethsr he did OF did
not admit ihe facts IL &c as Veged. HFshoulC
also have been called upL .Iialsss the fReti
were ADMITTEDLY to produca the fGsealoosa's pa
pers If the result Of these inquiries mad beer
30 prove thai tha vessel was really an Une0n
dsmEed prize, bToaght in.o Biiiish Ts.eis in vi
oaiion Of hof Ms!gsfY's orders, nads for thi
Barpase Of maintsj her neutrality, con
sider that tho mof Il proceeding IN auea eis
pala1.4-ss ssssss,4 kienE with Rsr NIsisssy'
dignity, and moss aTpper Tor as rissalealioa g
! her teuiteriai tights, u0uld have 5osa to pre-
hiDit the exercise OF any iurlhsT control oya
] ms Tuaealuoss by her ceptoTs, and to rstaii
that vessel under her dsjeslJ control and il
TisdietiOn until properly reclaimed by her ozigi
nal owners
The governor replied that no was in 4 ste
Of 6acerainty, bus 10 was relieved Of Tsspopa'
j bility by an extraordinary -depaHare fTo- n
ordinary course Of procedure On Dsesmbe
26, after an absence of four months, the Puscs
lOoss returned to SimOn's bay, sad Admiral 8.
I Y GEelEar rVroke N the Fer7arrsors
F." As il appears that this vessel, the Tuscs
looss, late Federal ship Conrad, IS an uneon
{ demned prizs, bsoughs into BiHsa waters il
violation Of her Msjesiy's orders, made for th
purpose of maintaining haf neutrality thsrs
fore consider that SIZE ought 30 DO detained
D With tie view OF per being reclaimed by he
original owners, in accordance with ths opinion
Of the lew officers OF the Crown, fr-warded fo
my guidance, the copy Of which I Alrsed.
transmitted 20 you.'-
! TIE TusesI00ss was se;zsd, aed tho Govern
ment offered 10 give heT up 70 tae United S.s.Ui
/, consul bat, fortunately Tor this country, thai
Official bad some seruplea abuai receiving hsE
Lieut.. Lowe, IN command OF the Iuseai0ass
pat in protest against the seizaru.
Ga March 4.h the Duke Of Hewcas.ls wrot
to The governor 80 deliver tao Tuscnlcosa back 4
: Ihe ConledsTate officers Her hsjsstys Govern
alent could not assers they were right and dix
, nol Like 70 admit ihoy wers wrong, and, thore
y fore, ''in the dispasea communicating lhs Iss
4 soos whS the fascaioesA vas 10 be restored
e they look q course which was always en- indi
d Gallon of UeAkness-ih5y made sAs Tusc-
e .oosa special case"
a Lord Chelmsford ihen pointed ogt the ergo
!, and illeg ahiy Of tAe iRslruesions sent out b.
I her Asjesty's Government. He ehsiIengsd hi
asbie aud learned irisnds 20 poiGt cut in su3
n vriteT ca International law passage dsclalinl
!, that where a neutral had prohibited belhcsr
snss from bringing prizes into is waters, ma