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opinion, the proceedings of the Governor should be approved, but he trusted the Alabama has been warned to depart as soon as the neces sary repairs are finished."1

When the Alabama arrived at Jamaica, although she had on board the officers and men of the Hatteras as prisoners, four officers of Her Majesty's ship Challenger, four of the Cygnet, and one of the Greyhound, went on board of her upon visits of courtesy, and the band played the tune called Dixie's Land as a compliment to her, "because it is the ordinary usage and custom among the navies of civilized nations to play complimentary tunes to each other on such occasions." It may have been done by the junior officers, "entirely from thoughtlessness," and that the "inconsiderate young man who ordered Dixie's Land to be played" was "severely reprimanded;" yet it was done, and the most cordial re lations were at once established between the officers of all these ships (the English squadron) and those of the Alabama.” 4

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"The fractures made by six large shot or shell near the water-line required extensive repairs, which could not be completed by the unskillful workmen hired here before late in the afternoon of the 25th, and the Alabama sailed at 8.30 of the same evening." She "was treated

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* exactly as I [the naval commander at the station] shall act toward any United States man-of-war that may hereafter call here." Why she did not remain longer may be inferred from what Captain Semmes said to the Vice-Admiral on his arrival, which was, "If I remain here an hour more than can be avoided I shall run the risk of finding a squadron of my enemies outside, for no doubt they will be in pur suit of me immediately."

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She arrived at the harbor of Rata Island near the island of Fernando de Noronha, in the jurisdiction of His Majesty the Emperor At Rata Island. of Brazil, on the 4th of April, expecting there to meet the Agrippina with coal. That vessel did not arrive and Captain Semmes supplied himself from one of his prizes taken on the day before he en tered the port.3

While at these islands waiting for his coal, Captain Semmes cruised in the neighborhood and captured two vessels near the shore, and, as was claimed, within the territorial waters. He was entertained by the governor and provided with horses to go about the island. The Gov ernor returned his official visit in uniform. Upon this becoming known to the president of Pernambuco, he "dispatched an officer in the Bra zilian steam-vessel Mamanguape to inquire into these statements, to require Captain Semmes to leave the island within twenty-four hours, and to supersede the Governor if what had been asserted should prove to be true."9

The inquiry was made, the Governor dismissed, and the Alabama ordered to leave the islands.10

This action of the President of the Province was approved by the Government of His Majesty the Emperor."1

On the 11th day of May, the Alabama arrived at Bahia. The bark Castor was also there with coal, but the Government, "taking into consideration the circumstances of suspecting that the

At Bahia.

1 Brit. App., p. 268.

2 Ibid., p. 269.

3 Ibid., p. 270.

4Am. App., vol. vi, p. 493.

5 Brit. App., vol. i, p. 269.
Ibid., p. 264.

7 Ibid., p. 276.

Am. App., vol. vi, p. 493; Brit. App.

vol. i, p. 272.

Brit. App., vol. i, p. 272.

10 Ibid.

Ibid.

bark had gone direct to that port by preconcerted agreement, refused permission decisively to the commander of the Alabama, who had asked to be permitted to receive the coal from on board the bark.”1

violation of sover

She arrived at Bahia after the proceedings were commenced to investigate the facts imputed to her at Fernando de Noronha, Is excluded from but before their conclusion. Upon their conclusion an order Brazilian ports for was made that "the Alabama shall no more be admitted eighty of Brazil. in any port of the empire. She would have suffered the same exclusion from Bahia if she had not presented herself at that port even before proof of her culpability could be obtained, and before the Imperial Government, surprised by such audacity, could have been enabled to take measures concerning the penalty which in such cases ought to be applied."2

At Cape Town.

On the 29th of July the Alabama appeared in Saldanha Bay, in the Cape Colony, and thus came once more within the jurisdiction of Her Majesty's Government. On the 1st of August, Captain Semmes availed himself of "an opportunity offered by the coasting schooner Atlas to communicate with the Cape," and informed the Governor that he had arrived in the bay "for the purpose of effecting some necessary repairs."4 On the 4th of the same month the Consul of the United States also informed the Governor of the presence of the Alabama in the bay, and asked that she "should be at once seized and sent to England, from whence she clandestinely escaped." The Governor caused a reply to be sent on the next day to the effect that he has no instructions, neither has he any authority, to seize or detain that vessel.”6

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Attwoo'clock in the afternoon of the same day (the 5th) she appeared off Cape Town, and, at the entrance of Table Bay, within sight of the town and hundreds of persons, captured the American bark Sea Bride.

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This was made known to the Governor at once by the United States consul, who claimed that the capture was "clearly within British waters." The Governor caused inquiries to be made of the captain of the Alabama and also of the port-captain and other persons, and satisfied himself that "the vessels were not less than four miles distant from land." It was not denied, however, that this was in full sight from the town. Indeed, that was shown to be the case by the statements of all who were inquired of by the Governor.10

After this capture on the 5th, the Alabama came into Table Bay, and Captain Semmes at once announced to the Governor that he had come in for supplies and repairs," and asked leave to "land prisoners." On being inquired of by the Governor as to the "nature and extent of supplies and repairs" required, he replied: "I shall need some provisions. for my crew; * and as for repairs, my boilers need some iron work to be done, and my bends require calking, being quite open. I propose to take on board the necessary materials here, and to proceed with all dispatch to Simon's Bay for the purpose of making these repairs." 11

The vessel remained at Table Bay three days and then went to Simon's Bay, also in Her Majesty's dominions, to calk

and retit, arriving there on the 9th. On the way over Cap

At Simon's Bay.

tain Semmes chased and captured another American vessel, but, "on

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my pointing out to him," says Rear-Admiral Walker, "that he had done so in neutral waters, he assured me that it was quite unintentional, and, being at a distance from the land, he did not observe that he had got within three miles of an imaginary line drawn from the Cape of Good Hope to Cape Hanglip, but on discovering it, he did not detain the vessel." This explanation was considered sufficient.1

After the capture of the Sea Bride, she was brought within a mile and a half of the shore. Upon the representation of this fact by the Consul of the United States to the Governor, he immediately replied that he did not feel warranted in taking steps to remove the prize crew,3 upon the ground, as he afterward said, that the vessel was brought in through "inadvertence." +

After his arrival at Cape Town on the 5th, Captain Semmes "mentioned to the Governor" that he left outside one of his prizes The Tuscaloosa, previously taken, the Tuscaloosa, which he had equipped and fitted as a tender, and had ordered to meet him in Simon's Bay, as she also stood in need of supplies." 5

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On the 8th this vessel arrived at Simon's Bay. She was "a bark of five hundred tons, with two small rifled twelve-pounder guns and ten men, and was captured by the Alabama on the 21st of June last, off the coast of Brazil, cargo of wool still on board." She had never been condemned by a prize court, but had been commissioned by Captain Semmes on the high seas as a tender to his ship, one of his lieutenants having been placed in command. The Attorney-General of the Colony was of the opinion that "if the vessel received two guns from the Alabama, or other Confederate vessel of war, or if the person in command of her has a commission of war, or if she be commanded by an officer of the Confederate Navy, in any of these cases there will be a sufficient setting forth as a vessel of war to justify her being held to be a ship of war." And she was admitted into the harbor as such.8

The Tuscaloosa remained at Simon's Bay until the morning of the 14th, and the Alabama until noon of the 15th.9 The Tuscaloosa went to Saldanha Bay, where she found the Sea Bride, driven there, as was said, by stress of weather. Both vessels remained two days, then proceeded to Angra Pequena on the west coast of Africa, where they were afterward joined by the Alabama. On leaving the bay they were communicated with by a steamer. The Sea Bride and her cargo were sold at Angra Pequena to an English subject who resided at Cape Town. The Tuscaloosa also landed there her cargo of wool.10

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The Tuscaloosa and Sea Bride were ordered to Angra Pequena by Captain Semmes. "The object of sending the Tuscaloosa there was to get wool taken out of her and replaced by ballast. Captain Semmes had previously had an offer for the Sea Bride, which he resolved to accept. * A day was fixed for both the Tuscaloosa and Sea Bride to be at anchor in the harbor of Angra Pequena. Upon that day Captain Semmes took in the Alabama, met the parties who had made him the offer for the Sea Bride, and completed the sale of her. The wool was taken out of the Tuscaloosa and landed, and is now (September 19) on its way to market.”

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10 Forsyth to Walker, Brit. App., vol. i, p. 324; Walker to Admiralty, ibid., p. 325.

The account of the transaction, as given by Captain Semmes himself, is as follows:

The Tuscaloosa went to sea at daylight on the 14th, and we followed her in the Alabama the next day. The former was to proceed to Saldanha Bay, and thence take the Sea Bride with her to one of the uninhabited harbors, some distance to the northward, and the Alabama was to follow her thither after a cruise of a few days off the Cape. At length, when I supposed the Tuscaloosa and the Sea Bride had reached their destination, I filled away and followed them. On the morning of the 28th of August we sighted the land, after having been delayed by a dense fog for twenty-four hours, and in the course of the afternoon we ran into the bay of Angra Pequena and anchored. This was our point of rendezvous. I found the Tuscaloosa and the Sea Bride both at anchor. I had at last found a port into which I could take a prize. I was now, in short, among the Hottentots, no civilized nation claiming jurisdiction over the waters in which I was anchored. When at Cape Town an English merchant had visited me, and made overtures for the purchase of the Sea Bride and her cargo. He was willing to run the risk of non-condemnation by a prize-court, and I could put him in possession of the prize, he said, at some inlet on the coast of Africa without the jurisdiction of any civilized power. I made the sale to him. He was to repair to the given rendezvous in his own vessel, and I found him here, according to his agreement, with the stipulated price-about one-third the value of the ship and cargo-in good English Sovereigns, which, upon being counted, were turned over to the paymaster for the military chest. The purchaser was then put in possession of the prize. I had made an arrangement with other parties for the sale of the wool still remaining on board the Tuscaloosa. This wool was to be landed at Angra Pequena also, the purchaser agreeing to ship it to Europe, and credit the Confederate States with two-thirds of the proceeds.

At Simon's Bay.

On the 16th of September the Alabama again arrived at Simon's Bay.2 Upon his arrival Captain Semmes immediately waited upon Rear Admiral Walker and "frankly explained" to him, as the Admiral reported to the Secretary of the Admiralty on the 17th, his proceedings at Angra Pequena.3 On the 19th a full account, as given by Captain Semmes to a reporter on the 18th, was published in the Cape Town Argus.

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Captain Semmes returned to the port at Simon's Bay "for coal, some provisions, and to repair her condensing apparatus.' He would not have come back there, "but his condensing apparatus got out of order."6

The Alabama remained in port until 3 p. m. of the 24th, when, having completed her repairs and taken on a supply of coal, she sailed for the Indian seas. "The officers of the station were as courteous" as before, and Captain Semmes renewed his "very pleasant intercourse with the Admiral's family."

On the 22d of December she arrived at Singapore, also within the jurisdiction of Her Majesty's Government, and was supplied with coal and provisions. While there, some of the crew hav

At Singapore.

ing deserted, Captain Semmes "permitted half a dozen picked fellows to come on board, to be shipped as soon as we should get out into the strait."a

At Simon's Bay:

On the 20th of March the Alabama again arrived at Simon's Bay. Captain Semmes was "permitted to receive a supply of coal, and complete provisions," after which he put to sea on coals and provisions. the 25th. From there she proceeded to Cherbourg in France, at which place she arrived on the 11th of June. On the 19th she left that port to engage the United States steamer Kearsarge, and was sunk in the engagement, many of her officers escaping to Great Kearsarge, June 19, Britain in an English yacht which came out from Cherbourg to witness the action.10

'Am. App., vol. vi, p. 498.
2 Brit. Case, p. 115.
3 Brit. App., vol. i, p. 325.
Am. App., vol. vi, p. 453.
Brit. App., vol. vi, p. 325.

Is destroyed by the 1864.

6 Am. App., vol. vi, p. 455.

* Ibid., p. 499.

8 Ibid., p. 501.

Brit. App., vol. i, p. 372. 10 Brit. Case, p. 116.

Reasons why Great for acts of.

Thus it will be seen that in a cruise of about two years, the Alabama received all her repairs, previous to her arrival at Cherbourg. Britain is responsible (except such as could be made in the open sea or at anchorages found in uninhabited islands,) in the ports of Great Britain. She was supplied with coal from Great Britain exclusively, except once when it was taken from one of her prizes and once at Bahia. This last would not, however, have been allowed, had the facts in relation to her conduct in the waters of His Majesty the Emperor of Brazil been known at the time. Having made "Rata Island the base of her operations, for to that place she carried prizes, and from thence proceeded to make others, which she ordered to be burnt, after having kept them there some days at the anchorage place of that island," His Majesty the Emperor of Brazil "ordered that the said steamer be no more received in any port of the Empire."1

The "toleration" of such abuses was, in the opinion of His Majesty, "equivalent to permitting the ports of the Empire to serve as bases for operations for the belligerents." Therefore, this first "disrespect to the sovereignty" of that Empire was followed, as soon as discovered, by a peremptory order of banishment.

The United States ask the Arbitrators to contrast this conduct with that of the Government of Her Majesty.

This vessel was built and specially adapted to warlike use in Great Britain, and in violation of the laws of that sovereignty. She sailed from a port in that sovereignty, unarmed, but fitted in all respects to receive her armament; she escaped after her detention by the Govern ment had been determined upon; her armament was constructed in Great Britain; her ammunition, stores, and crew were all provided there; these were shipped by the insurgents on board of English vessels in English ports, transported to the waters of another Government, under the English flag, and there transferred. After her cruise com menced, her coal was supplied from Great Britain in English vessels dispatched from English ports, with instructions to proceed to places of rendezvous arranged by "preconcerted agreement" through agents of the insurgents, having their places of business, and carrying on the operations of their government, upon English soil.

She sailed a distance of more than fifteen hundred miles to reach an English port after an engagement with the enemy only twenty-five miles from one of her own ports, in order to repair damages and refit. While cruising along the coast, going from one port to another in British jurisdiction, within cannon-shot of the shore, and in sight of the town in which was located the seat of the colonial government of Her Majesty, she captured an innocent merchantman and "inadvertently" brought it within the territorial jurisdiction of Her Majesty. While again coasting between other ports of Her Majesty's dominions she again chased and detained another merchantman, but upon being informed by one of the officers of Her Majesty's Navy that this was within the jurisdiction of Her Majesty the captain again put in a plea of "inadvertence" and released his prize.

She brought an uncondemned prize into a port of Her Majesty under pretense of a commission as a tender; her officers there made contracts for the sale to Her Majesty's subjects of the prize cargo of this so-called tender, and of the prize vessel and cargo taken within sight of the land; and, in pursuance of an arrangement made in port, proceeded to an unfrequented island, and completed the sale of the uncondemned prizes

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