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She is released

against the advice

Walker.

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The

The Governor replied that the Attorney General of Sir Baldwin was of opinion that "if the vessel received the two guns from the Alabama or other Confederate vessel of war, or if the person in command of her has a commission of war, * * * there will be a sufficient setting forth as a vessel of war to justify her being held to be a ship of war."2 Admiral replied, tersely, "As there are two guns on board, and an officer of the Alabama in charge of her, the vessel appears to come within the meaning of the cases cited in your communication."3 He did not seem to think it worth while to repeat his opinion as to the frivolous character of such evidence, since it had been disregarded by the civil authorities.

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The facts were in due course reported by the Governor to the Home Government at London,* and the Colonial Minister wrote back that Her Majesty's Government were of opinion that the "Tuscaloosa" did not lose 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 rifle guns, and manned

1 Walker to Wodehouse, Vol. IV, page 218; Vol. VI, page 459. 2 Wodehouse to Walker, Vol. IV, page 219; Vol. VI, page 459. 3 Walker to Wodehouse, Vol. IV, page 219; Vol. VI, page 460.

4 Wodehouse to Duke of Newcastle, Vol. VI, page 220; Vol. IV, page 460.

the Governor dis

with a crew of ten men from the Alabama, and The course of used as a tender to that vessel under the authority approved. of Captain Semmes.' He said that he "considered that the mode of proceeding in such circumstances most consistent with Her Majesty's dignity, and most proper for the vindication of her territorial rights, would have been to prohibit the exercise of any further control over the Tuscaloosa by the captors, and to retain that vessel under Her Majesty's control and jurisdiction until properly reclaimed by her original owners." These instructions were looked upon by the Governor as The Tuscaloosa a censure; and the Tuscaloosa having in the comes again into mean time come again into port and placed her- colony. self within the jurisdiction, was seized, and the facts reported to London.3 Her Majesty's Gov- The Governor ernment disavowed this act, and instructed the Governor "to restore the Tuscaloosa to the lieutenant of the Confederate States who lately commanded her; or, if he should have left the Cape, then to retain her until she can be handed over to some person who may have authority from Captain Semmes, of the Alabama, or from the Government of the Confederate States, to receive her." The

1 Bernard's Neutrality of Great Britain during the American Civil War, page 425. See also Vol. III, page 207, and Vol. VI, page 463. * Wodehouse to Newcastle, Vol. IV, page 229; Vol. VI, page 465, 3 Vol. IV, page 230.

4 Duke of Newcastle to Sir P. Woodhouse, Vol. IV, page 241; Vol. VI, page 468.

the waters of the

reverses his policy and seizes the ves

sel.

His course

proved.

is

Governor was also informed that the Home Gov

ernment had not in any degree censured him for again disap- the course which he had pursued.' The Duke of Newcastle placed his instructions to restore the vessel upon "the peculiar circumstances of this case." But the Tribunal of Arbitration will observe that, inasmuch as, notwithstanding his first decision of the 4th of November above cited, he did, in his second instructions, fully approve of the course of the Governor in receiving the vessel originally as a man-of-war, in violation of the Queen's Proclamation and of well-settled principles of International Law, and against the sensible and honest advice of Rear-Admiral Sir Baldwin Walker, he was in no position to shelter the British Government from responsibility for the hostile act of her officials, by pleading any special or peculiar circum

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stances.

It is necessary now to go back and bring up the history of army purchases and blockade-running. Walker and Porter were left established as agents at Bermuda, and Heyliger at Nassau.

On the 28th of March, 1863, Fraser, Trenholm & Co. were notified that the insurgent Secretary of the Treasury had "appointed Mr. Lewis Heyliger a depositary of the treasury at Nassau, New Providence, and Colonel Norman S. Walker a de

Same to same, March 10, Vol. IV, page 242 ; Vol. VI, page 469.

positary at Bermuda;"1 and they were told that Messrs. Heyliger and Walker would forward shipments of cotton on account of the treasury, and would draw on them for funds to pay expenses of the vessels and to make purchases of return cargoes. They were also informed that shipments of cotton would be made by way of Nassau and Bermuda by the authorities at Richmond, and they were directed to pay the proceeds of such shipments to Mr. Huse. The cotton was sent forward as opportunity offered. Thus, for instance, in May, 1863, the navy transported to Nassau five hundred and seventy-five bales for the treasury. The shipments were in fact going whenever there was opportunity.

Mr. J. M. Seixas was also appointed agent of the insurgent War Department in the ports of Wilmington and Charleston, "to take charge of all that relates to the running of the steamers of the Department sailing from and arriving at those ports.'

9 3

On the 18th of April, 1863, Walker forwarded to Fraser, Trenholm & Co. 800 bales of cotton, drew against it for £20,000 for his own disbursements for commissary stores, and notified Huse that the balance would go to his credit with Fraser, Trenholm

1 Memminger to Fraser, Trenholm & Co., March 28, 1863, Vol. VI' page 128.

* Memminger to Mallory, May 6, 1863, Vol. VI, page 119. 3 Seddon to Seixas, April 7, 1863, Vol. VI, page 113.

Blockade run

ning.

Cotton shipments.

ments.

Cotton ship- & Co. He also reported the arrival at Bermuda of "Confederate steamers," blockade-runners, with cotton, and he called Huse's attention to "the importance of sending to this place [Bermuda] one or two cargoes of Duffryne coal for the Government steamers;" and adds: "You will readily see the injurious delay which may result from the want of a proper supply of coal." He also says: From all that I can learn, any Confederate man-of-war which may come to this port will have no difficulty in coaling and procuring supplies."1

The blockade-runners of the Richmond authorities were by this time well known, and were making regular voyages. The Cornubia was running before January, 1863.2 The Giraffe and the Cornubia ran regularly to Bermuda and to Nassau,3 in February, 1863. One or two more were thought "highly desirable." In March there was "enough to employ three steamers for some time to come," and Huse was authorized "to add to the fleet two more good swift steamers, "4 and was furnished with a credit of £200,000 on Fraser, Trenholm & Co.5

The insurgent government was all this while urg

Walker to Huse, April 18, 1862, Vol. VI, page 115.

2 Gorgas to Huse, January 1, 1863, Vol. VII, page 48.

3 Same to same, February 26, 1863, Vol. VII, page 48.

4 Same to same, March 8, Vol. VII, page 48.

5 Same to same, March 9, Vol. VII, page 49.

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