But all waters inclosed by a line drawn between two promontories or headlands are recognised by all nations as neutral, and England was the first that adopted the rule, calling such waters the “King’s chambers.”  By referring to “Wheaton’s Digest,” page 234, or any other good work on international law, you will find the above rules laid down and elucidated.

The fact that the prize has not already been burned, and that her fate is still in suspense, is clear proof that Captain Semmes had misgivings as to the legality of the capture, and awaits your Excellency’s assent.  If you decide that the prize was legally taken, you will assume a responsibility which Captain Semmes himself declined to take.

Affidavit of C.F.  White.

On this 6th day of August, A.D. 1863, personally appeared before me, Walter Graham, Consul of the United States at Cape Town, Charles F. White, master of the barque Sea Bride, of Boston, from New York, and declared on affidavit that on the 3d day of August instant, he sighted Table Mountain and made for Table Bay, but that on the 4th instant, night coming on, he was compelled to stand out.  On the 5th instant, he again made for the anchorage, and about two P.M. saw a steamer standing toward the barque, which he supposed was the English mail steamer, but on nearing her, found her to be the Confederate steamer Alabama.  He, Captain White, was peremptorily ordered to heave his vessel to as a prize to the Alabama.  One gun was fired, and immediately after the demand was made another gun was fired.  Two boats were lowered from the Alabama and sent on board the barque.  The officer in charge of these boats demanded the ship’s papers, which the said master was compelled to take on board the said steamer.  This happened about a quarter before three o’clock.  He and his crew were immediately taken from his vessel and placed as prisoners on board the Alabama, the officers and crew being put in irons.  The position of the barque at the time of capture was as follows:—­Green Point Lighthouse bearing south by east; Robben Island Lighthouse north-east.

The said appearer did further protest against the illegal capture of said vessel, as she was in British waters at the time of capture, according to bearings.

Mr. Graham to Sir P. Wodehouse.  August 7, 1863.

Understanding from your letter of this date, received this morning,[17] that the case of the Sea Bride is still pending, I enclose the affidavits of the first officer of that vessel and the cook and steward, which I hope will throw additional light on the subject.

[Footnote 17:  A formal acknowledgment omitted here as superfluous.]

From the affidavit of the first officer, it appears that the alleged prize was brought within one and a half miles of Green Point Lighthouse yesterday at one o’clock P.M.  Now, as the vessel was at that time in charge of a prize crew, it was a violation of neutrality as much as if the capture had been made at the same distance from land.