The vessel in question, now called the Tuscaloosa, arrived here this evening, and the boarding officer from my flag-ship obtained the following information: 

That she is a barque of 500 tons, with two small rifled 12 pounder guns and ten men, and was captured by the Alabama on the 21st June last, off the coast of Brazil:  cargo of wool still on board.

The admission of this vessel into port will, I fear, open the door for numbers of vessels captured under similar circumstances being denominated tenders, with a view to avoid the prohibition contained in the Queen’s instructions; and I would observe that the vessel Sea Bride captured by the Alabama off Table Bay a few days since, or all other prizes, might be in like manner styled tenders, making the prohibition entirely null and void.

I apprehend that to bring a captured vessel under the denomination of a vessel of war, she must be fitted for warlike purposes, and not merely have a few men and two small guns put on board of her (in fact nothing but a prize crew) in order to disguise her real character as a prize.

Now this vessel has her original cargo of wool still on board, which cannot be required for warlike purposes, and her armament and the number of her crew are quite insufficient for any services other than those of a slight defence.

Viewing all the circumstances of the case, they afford room for the supposition, that the vessel is styled a “tender” with the object of avoiding the prohibition against her entrance as a prize into our ports, where, if the captors wished, arrangements could be made for the disposal of her valuable cargo, the transhipment of which, your Excellency will not fail to see, might be readily effected on any part of the coast beyond the limits of this Colony.

My sole object in calling your Excellency’s attention to the case is to avoid any breach of strict neutrality.

Governor Sir P. Wodehonse to Rear-Admiral Sir B. Walker.  August 10, 1863.

I have the honour to acknowledge the receipt of your Excellency’s letter of the 8th instant, on which I have consulted the Acting Attorney-General.

The information given respecting the actual condition of the Tuscaloosa is somewhat defective, but referring to the extract from Wheaton transmitted in my last letter, the Attorney-General is 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, 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; if all of these points be decided in the negative, she must be held to be only a prize, and ordered to leave forthwith.

Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse.  August 11, 1863.

I have the honour to acknowledge the receipt of your Excellency’s letter, dated yesterday, respecting the Confederate barque Tuscaloosa now in this bay.