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 above-mentioned communication.

Governor Sir P. Wodehouse to the Duke of Newcastle.  August 19, 1863.

(Extract.)

I beg to take this opportunity of making your Grace acquainted with what has occurred here in connection with the visit of the Confederate States steamer Alabama.

On Tuesday, the 4th instant, I received a letter from the Commander of that vessel, dated the 1st August at Saldanha Bay, announcing his having entered that bay with a view to effecting certain repairs, and stating that he would put to sea as soon as they were completed, and would strictly respect our neutrality.

When this intelligence was received, the United States Consul called on me to seize her, or at any rate to send her away instantly; but as the vessel which brought the news reported that the Alabama was coming immediately to Table Bay, I replied that I could not seize her, but would take care to enforce the observance of the neutral regulations.

On the next day, about noon, it was reported from the signal station that the Alabama was steering for Table Bay from the north, and that a Federal barque was coming in from the westward; and soon after, that the latter had been captured and put about.  A little after 2 P.M. the United States Consul called to state that he had seen the capture effected within British waters; when I told him he must make his statement in writing, and an investigation should be made.  I also, by telegram, immediately requested the Naval Commander-in-Chief to send a ship of war from Simon’s Bay.  The Alabama, leaving her prize outside, anchored in the bay 3.30 P.M., when Captain Semmes wrote to me that he wanted supplies and repairs, as well as permission to land thirty-three prisoners.  After communicating with the United States Consul, I authorized the latter, and called upon him to state the nature and extent of his wants, that I might be enabled to judge of the time he ought to remain in the port.  The same afternoon he promised to send the next morning a list of the stores needed, and announced his intention of proceeding with all despatch to Simon’s Bay to effect his repairs there.  The next morning (August 6th) the Paymaster called on me with the merchant who was to furnish the supplies, and I granted him leave to stay till noon of the 7th.

On the night of the 5th, Her Majesty’s ship Valorous had come round from Simon’s Bay.  During the night of the 6th the weather became unfavourable; a vessel was wrecked in the bay, and a heavy sea prevented the Alabama from receiving her supplies by the time arranged.  On the morning of the 8th, Captain Forsyth, of the Valorous, and the Port Captain, by my desire, pressed on Captain Semmes the necessity for his leaving the port without any unnecessary delay; when he pleaded the continued heavy sea and the absence of his cooking apparatus, which had been sent on shore for repairs, and had not been returned by the tradesman at the time appointed, and intimated his own anxiety to get away.  Between 6 and 7 A.M., on Sunday, the 9th, he sailed, and on his way round to Simon’s Bay captured another vessel; but on finding that she was in neutral waters he immediately released her.