I ought to explain that the seizure was made without previous reference to the Attorney-General.  I did not consider such a reference necessary.  The law had been determined by Her Majesty’s Government on the previous case.  The Admiral was of opinion that we had only to obey the orders we had received, and on his intimating that opinion I assented.

Your Grace will observe that at the request of the officers of the Tuscaloosa the Admiral has permitted them to remain on board, in expectation of the immediate arrival of the Alabama, to which ship they wish to return.  I should otherwise have thought it my duty to provide them with passages to England at the cost of Her Majesty’s Government, by whom, I conclude, they would be sent to their own country; and it is probable that if the Alabama should not soon make her appearance, such an arrangement will become necessary.

I have only to add that I have thought it advisable, after what has now occurred, to intimate to the United States Consul that we should probably be under the necessity of adopting similar measures in the event of an uncondemned prize being fitted for cruising, and brought into one of our ports by a Federal ship of war.  I did not speak positively, because I have been left in doubt by your Grace’s instructions whether some distinction should not be drawn in the case of a ship of war of one belligerent captured and applied to the same use by the other belligerent, but the Consul was evidently prepared for such a step.  Copies of all the correspondence are inclosed.

Mr. Rawson to Mr. Graham.  December 28, 1863.

I am directed by the Governor to acquaint you that the Tuscaloosa having again arrived in Simon’s Bay, will, under instructions lately received from Her Majesty’s Government, be retained under Her Majesty’s control and jurisdiction until properly reclaimed by her original holders.

Mr. Graham to Sir P. Wodehouse.  December 28, 1863.

I have to acknowledge the receipt of your letter of yesterday’s date in reference to the Tuscaloosa.

By virtue of my office as Consul for the United States of America in the British possessions of South Africa, of which nation the original owners of the Conrad alias Tuscaloosa are citizens, I possess the right to act for them when both they and their special agents are absent, I can institute a proceeding in rem where the rights of property of fellow-citizens are concerned, without a special procuration from those for whose benefit I act, but cannot receive actual restitution of the res in controversy, without a special authority. (See United States Statutes at Large, vol. i., p. 254, notes 2 and 3.)

Under these circumstances I am content that the vessel in question should for the present, or until the properly authenticated papers and power of attorney shall be received from the owners in America, remain in possession and charge of Her Majesty’s naval officers.  But should it hereafter be determined to give the vessel up to any party other than the real owners, I desire to have sufficient notice of the fact, so that I may take the proper steps to protect the interests of my absent fellow-citizens.