of the Alabama, as of the Tuscaloosa. Indeed,
you had a better reason for inquiring into the antecedents
of the former than of the latter, it having been alleged
that the former escaped from England in violation of
your Foreign Enlistment Act. Mr. Adams, the United
States Minister, did in fact demand that the Alabama
should be seized, but Earl Russell, in flat and most
pointed contradiction of his late conduct in the case
of the Tuscaloosa, gave him the proper legal reply,
to wit: that the Alabama being now a ship of
war, he was estopped from looking into her antecedents.
One illustration will suffice to show you how untenable
your position is in this matter. If the Tuscaloosa’s
commission be admitted to have been issued by competent
authority, and in due form (and I do not understand
this to be contested except on the ground of her antecedents),
she is as much a ship of war as the Narcissus, your
flag-ship. Suppose you should visit a French port,
and the port admiral should request you to haul down
your flag on the ground that you had had no sufficient
title to the ship before she was commissioned, or that
she was a contract ship and you had not paid for her,
and the builder had a lien on her, or that you had
captured her from the Russians, and had not had her
condemned by a prize court, what would you think of
the proceeding? And how does the case supposed
differ from the one in hand? In both it is a
pretension on the part of a foreign power to look into
the antecedents of a ship of war—neither
more nor less in the one case than in the other.
I will even put the case stronger. If it be admitted
that I had the right to commission a tender, and the
fact had been that I had seized a French ship and
put her in commission, you could not inquire into
the fact. You would have no right to know but
that I had the orders of my Government for this seizure.
In short, you would have no right to inquire into
the matter at all. My ship being regularly commissioned,
I am responsible to my Government for my acts, and
my Government, in the case supposed, would be responsible
to France, and not to you. If this reasoning
be correct—and with all due submission to
his lordship I think it is sustained by the plainest
principles of the international code—it
follows that the condemnation of a prize in a prize
court is not the only mode of changing the character
of a captured ship. When the sovereign of the
captor puts his own commission on board such a ship,
this is a condemnation in its most solemn form, and
is notice to all the world. On principle, if
a ship thus commissioned were recaptured, the belligerent
prize court could not restore her to her original
owner, but must condemn her as a prize ship of war
of the enemy to the captors; for prize courts are
international courts, and cannot go behind the pennant
and commission of the cruiser.