Captain Semmes, C.S.N., to Mr. Adamson.  Cape Town, August 6, 1863.

I have had the honour to receive your communication of this day’s date, informing me that the United States Consul at this port had presented to his Excellency the Governor a representation in which he sets forth that an American barque was yesterday captured by this ship under my command in British waters, in violation of the neutrality of the British Government, and requesting me to make to his Excellency such representation as I may have to offer on the subject.

In reply, I have the honour to state that it is not true that the barque referred to was captured in British waters, and in violation of British neutrality; she having been captured outside all headlands, and a distance from the nearest land of between five and six miles.  As I approached this vessel I called the particular attention of my officers to the question of distance, and they all agreed that the capture was made from two to three miles outside the marine league.

U.S.  Consul to Sir P. Wodehouse.  August 4, 1863.

From reliable information received by me, and which you are also doubtless in possession of, a war steamer called the Alabama is now in Saldanha Bay, being painted, discharging prisoners of war, &c.

The vessel in question was built in England to prey upon the commerce of the United States of America, and escaped therefrom while on her trial trip, forfeiting bonds of L20,000, which the British Government exacted under the Foreign Enlistment Act.

Now, as your Government has a treaty of amity and commerce with the United States, and has not recognised the persons in revolt against the United States as a Government at all, the vessel alluded to should be at once seized and sent to England, from whence she clandestinely escaped.  Assuming that the British Government was sincere in exacting the bonds, you have doubtless been instructed to send her home to England, where she belongs.  But if, from some oversight, you have not received such instructions, and you decline the responsibility of making the seizure, I would most respectfully protest against the vessel remaining in any port of the colony another day.  She has been at Saldanha Bay four [six] days already, and a week previously on the coast, and has forfeited all right to remain an hour longer by this breach of neutrality.  Painting a ship does not come under the head of “necessary repairs,” and is no proof that she is unseaworthy; and to allow her to visit other ports after she has set the Queen’s proclamation of neutrality at defiance would not be regarded as in accordance with the spirit and purpose of that document.

Mr. Adamson to U.S.  Consul.  August 5, 1863.

I am directed by the Governor to acknowledge the receipt of your letter of yesterday’s date relative to the Alabama.

His Excellency has no instructions, neither has he any authority, to seize or detain that vessel; and he desires me to acquaint you that he has received a letter from the Commander, dated the 1st instant, stating that repairs were in progress, and as soon as they were completed he intended to go to sea.  He further announces his intention of respecting strictly the neutrality of the British Government.