be made as to powder and guns. Before these inquiries could be commenced, the offender was at sea.2 Under the circumstances this hesitation and delay, and the permitting the Alabama to lie unmolested in British waters for over two days, is little short of criminal in the officials who were or should have been cognizant of it.

When the Alabama left Moelfra Bay her crew numbered about ninety men.3 She ran part way down the Irish Channel, then round the north coast of Ireland, only stopping near the Giant's Causeway. She [378] then made for Terceira, one of the Azores, which she reached on the 10th of August.

On the 18th of August, while she was at Terceira, a sail was observed making for the anchorage. It proved to be the "Agrippina of London, Captain McQueen, having on board six guns, with ammunition, coals, stores, &c., for the Alabama." Preparations were immediately made to transfer this important cargo. On the afternoon of the 20th, while employed discharging the bark, the screw-steamer Bahama, Captain Tessier, (the same that had taken the armament to the _Florida, whose insurgent ownership and character were well known in Liverpool,) arrived, 'having on board Commander Raphael Semmes and officers of the Confederate States steamer Sumter."5 There were also taken from this steamer two 32-pounders and some stores, which occupied all the remainder of that day and a part of the next.

6

The 22d and 23d of August were taken up in transferring coal from the Agrippina to the Alabama. It was not until Sunday (the [379] 24th) that the insurgents' flag was hoisted. Bullock and *those

who were not going in the 290 went back to the Bahama, and the Alabama, now first known under that name, went off with "twenty-six officers and eighty-five men."

If it be necessary for the Tribunal to ascertain and determine what was the condition of the Alabama when she left Liverpool on the 29th of July, 1862, the affidavits of various witnesses, printed in the accompanying Volume, (III,) will enable them to do so with accuracy. If any details are wanting, they can easily be supplied from the account which her commander has given of his Adventures Afloat.3

It is clear from all these statements that when she left Liverpool she was even more completely fitted out as a man-of-war than the Florida, at the time of her departurę. The Tribunal will recall what Captain Hickley, a competent expert, said of that vessel: "She was in all respects fitted out as a vessel of war of her class in Her Majesty's Navy." "As she now stands she could, in my professional opinion, be

1 Vgl. IV, page 410.

2 Vol. IV, page 413.

3 Vol. III, page 46. Two crew-lists are in the accompanying volumes. One will be found in Vol. III, page 150; the other, in Vol. III, page 213.

4 Vol. IV, page 182.

5 Journal of an Officer of the Alabama. See Vol. IV, page 182.

6 The Bahama cleared from Liverpool on the 12th of August. Fawcett, Preston & Co. shipped on board of her " nineteen cases containing guns, gun-carriages, shot, rammers, &c., weighing in all 158 cwt. 1 qr. 27 lbs. There was no other cargo on board, except five hundred and fifty-two tons of coal for the use of the ship." Vol. III, page 54; see also Vol. III, page 141, for further details.

See particularly Younge's deposition, Vol. III, page 145; Passmore's deposition, Vol. III, page 25; and Latham's deposition, Vol. III, page 211. See also Vol. VI, pages 435 and 472.

8 I had arrived on Wednesday, [at Terceira,] and on Saturday night we had, by dint of great labor and perseverance, drawn order out of chaos. The

ship having been properly prepared, we steamed out on this bright Sunday morning; the flag of the Confederate States was unfurled for the first time from the peak of the Alabama.-Semmes's Adventures Afloat, pages 408, 409.

equipped in twenty-four hours for *battle." This is not too strong [380] language to be used concerning the Alabama. She was, in fact, equipped for battle in little more than twenty-four hours after the Bahama joined her.

It is not necessary, however, to consider this question; for her guilty status at that time is conclusively established against Great Britain.

1st. By the opinion of Mr. Collier, who, soon after giving it, became a member of Her Majesty's Government, under the lead of Lord Palmerston, and with Earl Russell as a colleague. They must, therefore, be held to have adopted his views on one of the most important questions, half legal and half political, that came before Lord Palmerston's Government for determination.

2d. Her Majesty's Government, by ordering the detention of the 290, admitted her illegal character. Earl Russell himself hints that it is not impossible that "the officers of the customs were misled or blinded by the general partiality to the cause of the South known to prevail at Liverpool, and that a prima facie case of negligence could be made out.1 3d. Earl Russell stated to Mr. Adams in an official note that "it is undoubtedly true that the Alabama was partly fitted out in a British port." *This is all that is necessary to be said in order [381] to bring it within the operation of the rules of the Treaty of Washington.

2

Thus constructed, equipped, fitted out, and manned as a ship of war in Liverpool, and armed under the original contract made at the same place with arms and munitions there collected by the contractors of the vessel, but sent out from Great Britain by a separate vessel in order to comply with the official construction of British municipal law, the Alabama commenced a career of destruction which proved highly disastrous to the commerce of the United States.

She was found to be a "fine sailer under canvass, 99.66 a quality of inestimable advantage," as it enabled Captain Semmes "to do most of his work under sail.”3 "She carried but an eighteen days' supply of fuel," which induced her commander" to adopt the plan of working under sail in the very beginning," and "to practice it unto the end." the exception of a half a dozen prizes, all captures were made with the screw hoisted and ship under sail.”4

"With

The United States will confine their comments to the official treatment which this vessel received within British jurisdiction. Her history for a *large part of her career may be found in Vol. IV, [382] between pages 181 and 201. It has also been made the subject of

an elaborate volume, from which some short extracts have been quoted above.

From Terceira she crossed to the West Indies, taking at Martinique coal again from the bark Agrippina, which had been sent from England for the purpose; 5 and she passed up thence into the Gulf of Mexico, marking her course by the destruction of vessels of the merchant mariné of the United States, and of their war-steamer Hatteras. On the 18th of January, 1862, she arrived at Jamaica. Three British men-of-war were in the harbor, but the promised orders of Earl Russell to detain her for a violation of British sovereignty were not there. In lieu of that, "the

1 Speeches and dispatches of Earl Russell, Vol. II, pages 259, 260.

2 Earl Russell to Mr. Adams, Vol. III, page 299.

3 Semmes's Adventures Afloat, page 419.

4 Semmes's Adventures Afloat, page 420.

5 Same, page 514. The Agrippina is the same vessel that took coal and supplies to her at Terceira.

most cordial relations were at once established between the officers of all these ships and of the Alabama,"1 and the Governor of the island promptly granted Semmes's request to be permitted to repair his ship.2

On the 25th of January, having been refitted and furnished with [383] supplies, she left Jamaica, *" bound to the coast of Brazil, and thence to the Cape of Good Hope.".3

On the 30th of the previous November, after Captain Semmes's mode of carrying on war was known in England, Mr. Adams made to Lord Russell the first of a long series of representations concerning this vessel. This communication contains a summary of all that the United States deem it necessary to say about the Alabama in this place. "It now appears,” Mr. Adams says, "from a survey of all the evidence, First. That this vessel was built in a dock-yard belonging to a commercial house in Liverpool, of which the chief member, down to October of last year, is a member of the House of Commons. Secondly. That from the manner of her construction, and her peculiar adaptation to war purpose, there could have been no doubt by those engaged in the work, and familiar with such details, that she was intended for other purposes than those of legitimate trade; and, Thirdly. That during the whole process and outfit in the port of Liverpool, the direction of the details, and the engagement of persons to be employed in her, were more or less in hands known to be connected with the insurgents in the United

States. It further appears that since her departure from Liver[384] pool, which she was suffered to leave *without any of the cus

tomary evidence at the custom-house to designate her ownership, she has been supplied with her armament, with coals, and stores, and men, by vessels known to be fitted out and dispatched for the purpose from the same port, and that although commanded by Americans in her navigation of the ocean, she is manned almost entirely by English seamen, engaged and forwarded from that port by persons in league with her commander. Furthermore it is shown that this commander, claiming to be an officer acting under legitimate authority, yet is in the constant practice of raising the flag of Great Britain, in order the better to execute his system of ravage and depredation on the high seas. And lastly, it is made clear that he pays no regard whatever to the recognized law of capture of merchant-vessels on the high seas, which requires the action of some judicial tribunal to confirm the rightfulness of the proceedings, but, on the contrary, that he resorts to the piratical system of taking, plundering, and burning private property, without regard to consequences, or responsibility to any legitimate authority whatever."4

The course of conduct so forcibly sketched by Mr. Adams was continued by the officers of the Alabama until that vessel was sunk by the Kearsarge off Cherbourg.

[385] *The Alabama went from the West Indies to Bahia, where she met the Georgia. She then crossed to the Cape of Good Hope, and entered Table Bay, as has already been seen.5 It is not necessary to say again what took place as to the Tuscaloosa; to speak of the

2 lbid. "By the act of consenting to receive the Alabama in Kingston, and permitting her to refit and supply herself at that, we had considered the British Government as having given her a positive recognition, and having assumed the responsibility for the consequences of that sanction."-Mr. Adams's statement to Lord Russell, described in a dispatch to Mr. Seward, Vol. III, page 247.

3 Semmes's Adventures Afloat, page 563. 4Vol. III, pages 70, 71.

5 Ante, page 110.

evident character of the vessel with the captured cargo on board; of the honest indignation of Rear-Admiral Sir Baldwin Walker at the flimsy attempt to convert the prize into a cruiser; of the partiality of the Governor and the Attorney General; of the decision of Her Majesty's Government that she must be regarded as a prize and not as a cruiser; of the reluctant enforcement of the decision of the Government by the Colonial Authorities; or of the reversal of that decision by Her Majesty's Government, when they found that it had been enforced. These facts have all been sufficiently set forth. It only remains. to add, that, when Her Majesty's Government had determined to send the instructions to disregard in similar cases such attempts to change the character of a prize, Earl Russell informed Mr. Adams of the fact, and added, "Her Majesty's Government hope that under these instructions nothing will for the future happen to admit of a question being raised as to Her Majesty's orders having been strictly carried out." Earl Russell could *not have anticipated that the first [386] and only attempt of the authorities at Cape Town to carry out those instructions would be disavowed by Her Majesty's Government, and that restoration would be ordered to the insurgents of the only vessel ever seized under them.

22.1

From Cape Town the Alabama pushed into the Indian Ocean, and, "within a day or two of six months," returned again to Cape Town on the 20th of March, 1864. During her absence she had coaled at Singapore, with the consent of the authorities, at the wharf of the Peninsular and Oriental Steamship Company. 3

4

On the 21st of March the Alabama began taking on board fresh supplies of coal in Cape Town. The last coal from a British port (and, in fact, the last supply) had been taken on board at Singapore on the 23d day of the previous December.5 The new supply was allowed to be put on board within three months from the time when the last supply was received in a British port. This was a fresh violation of the duties of Great Britain as a neutral.

On the 25th of March the Alabama "got up steam and moved out of Table Bay for the last *time, amidst lusty cheers and the [387] waving of handkerchiefs from the boats by which they were surrounded." "Military and naval officers, governors, judges, superintendents of boards of trade, attorneys-general, all on their way to their missions in the far East, came to see her.”7

She now made her way to northern waters, and on the 11th of June, 1864, cast anchor in the harbor of Cherbourg. Her career was now finished. The United States war-steamer Kearsarge was in those waters, and on the 19th of the same June, within sight of Cherbourg, this British-built, British-armed, and British-manned cruiser went down under the fire of American guns.

During her career the Alabama fitted out one tender, the Tuscaloosa. The "Conrad of Philadelphia, from Buenos Ayres to New York, with part of a cargo of wool," was captured on the 20th of June, 1863, in latitude 25° 48′ south. It has already been seen that this prize was

1 Vol. III, page 203.

8

2 Semmes's Adventures Afloat, page 737.

3 Semmes's Adventures Afloat, page 715.

4 Semmes's Adventures Afloat, page 744.

5 This is evident from Semmes's account of his voyage on leaving Singapore, page 715, et seq.

6 Semmes's Adventures Afloat, page 744. 7 Semmes's Adventures Afloat, page 745. 8 Semmes's Adventures Afloat, page 627.

taken into the port of Cape Town, under the name of the Tuscaloosa, and under pretense of a commission; and that the pretense was recognized as valid. When the Alabama left to cruise in the Indian Ocean, Semmes "dispatched this vessel from Angra Pequeña back to [388] the coast of Brazil, to *make a cruise on that coast." It has also been seen how, on her return to Cape Town, she was seized by the Governor of Cape Town, and held until the close of the struggle.

The United States ask the Tribunal of Arbitration, as to the Alabama and as to her tender, to determine and to certify that Great Britain has, by its acts and by its omissions, failed to fulfill its duties set forth in the three rules of the Treaty of Washington, or recognized by the principles of law not inconsistent with such rules. Should the Tribunal exercise the power conferred upon it by Article VII of the Treaty, award a sum in gross to be paid to the United States, they ask that, in considering the amount to be awarded, the losses of the United States, or of individuals, in the destruction of their vessels or their cargoes by the Alabama, or by its tender, and also the expense to which the United States were put in the pursuit of either of those vessels, or in the capture and destruction of the Alabama, may be taken into account. In addition to the general reasons already stated, they ask this for the following reasons:

1. That the Alabama was constructed, was fitted out, and was equipped within the jurisdiction of Great Britain, with intent to [389] cruise and carry *on war against the United States, with whom

Great Britain was then at peace; that Great Britain had reasonable ground to believe that such was the intent of that vessel, and did not use due diligence to prevent such construction, fitting out, or equipping.

2. That the Alabama was constructed and armed within British jurisdiction. The construction of the vessel and the construction of the arms; the dispatch of the vessel and the dispatch of the arms-all took place at one British port; and the British authorities had such ample notice that they must be assumed to have known all these facts. The whole should be regarded, therefore, as one armed hostile expedition, from a British port, against the United States.

3. That the Alabama, having been specially adapted to warlike use at Liverpool, and being thus intended to cruise and carry on war against the United States, Great Britain did not use due diligence to prevent her departure from its jurisdiction at Liverpool; nor, subsequently, from its jurisdiction at Kingston; nor, subsequently, from its jurisdiction at the Cape of Good Hope; nor, subsequently, from its jurisdiction at Singapore; nor, lastly, from its jurisdiction again at the Cape of Good Hope, as required by the rules of the Treaty of Washington. *4. That Great Britain did not, as Earl Russell had promised, send out orders for her detention.

[390]

5. That the Alabama received excessive hospitalities at Cape Town on her last visit, in being allowed to coal before three months had expired after her coaling at Singapore, a British port.

6. That the responsibility for the acts of the Alabama carries with it responsibility for the acts of her tender.

1 Semmes's Adventures Afloat, page 738.