Pending your decision of the case I would most respectfully suggest that the prize crew on board the Sea Bride be removed, and that the vessel be put in charge of a crew from Her Majesty’s ship Valorous.
Affidavit of James Robertson.
On the day and date hereof before me, Walter Graham, Consul for the United States of America at Cape Town, personally came and appeared James Robertson, cook and steward of the barque Sea Bride, an American vessel, and made affidavit that he was on board said barque on the night of the 5th day of August instant, after the said barque had been captured as a prize by the Confederate steamer Alabama, and a prize crew put on board. That at about five minutes before two o’clock A.M. of the 6th instant, the prize crew on board the said barque received a signal from the Alabama aforesaid to burn the said barque, and immediately all hands were called to execute that order. That the sails were clewed, a tar barrel taken from underneath the topgallant forecastle and placed in the forecastle, and a bucketful of tar, with other combustibles and ammunition, ordered on the cabin table, but that when these arrangements were completed, another signal was received from the said Alabama, countermanding the order to burn the said prize, and to stand off and on the land until daylight, which orders were obeyed.
Affidavit of John Schofield.
On the day and date hereof before me, Walter Graham, Consul for the United States of America at Cape Town, personally came and appeared John Schofield, first officer of the barque Sea Bride, of Boston, who made affidavit that he was on board of said vessel at one o’clock P.M. yesterday, the 6th day of August instant, while she was in possession of a prize crew of the steamer Alabama; that he took the bearings of said barque at that time, which were as follows: Robben Island Lighthouse bore north-east by north one-half north, Green Point Lighthouse bore south-west one-half west.
He also deposed that the officer in command of the barque came on deck about that time, and stamping his foot as if chagrined to find her so near the land, ordered her further off, which was done immediately.
I am directed by the Governor to acknowledge the receipt of your letter of this date, inclosing two affidavits relative to the Sea Bride, and to state that his Excellency is not prepared to admit that the fact of that vessel having been brought by the prize crew within one and a half miles of the Green Point Lighthouse “was a violation of the neutrality as much as if the capture had taken place at the same distance from land,” although both the belligerents are prohibited from bringing their prizes into British ports.
The Governor does not feel warranted in taking steps for the removal of the prize crew from the Sea Bride.
Mr. Bawson to Mr. Graham. August 8, 1863.
With reference to the correspondence that has passed relative to the capture by the Confederate States steamer Alabama, of the barque Sea Bride, I am directed by the Governor to acquaint you that, on the best information he has been enabled to procure, he has come to the conclusion that the capture cannot be held to be illegal, or in violation of the neutrality of the British Government, by reason of the distance from land at which it took place.