port of a friendly power, where she was bound, one of the colonies of Great Brit[10] ain, by the piratical confederate *steamer Alabama aforesaid, as will be seen by reference to the protest of the master made before the United States consul at Cape Town, a certified copy of which is herewith annexed. That by this seizure this appearer and those whom he represents have suffered injury and loss to the amount of $49,445.12, as follows: By the seizure of the cargo before mentioned, of the invoice value of $36,945.12, and a further loss, in consequence of the non-arrival of the cargo at its ports of destination, of the sum of $8,500, making the aforesaid sum of $44,445.12. And now the said appearer, Rufus Greene, in behalf of himself and the other members of his mercantile firm whom he represents, prefers a claim against the government of the kingdom of Great Britain, holding them responsible for all losses and expenses arising from the seizure of the cargo aforesaid, this appearer and those he represents holding themselves ready to furnish any additional proof desired in the premises; and the said appearer believes and claims that, according to the law of nations and in equity, the government of the kingdom of Great Britain is bound to indemnify and hold them harmless for all losses, together with interest and expenses, in consequence of the seizure herein set forth. In testimony whereof I have hereunto set my hand and notarial seal, at Boston, the year and day above written; and the said Rufus Greene hath affixed his name, having solemnly sworn to the truth of the foregoing declaration. (Signed) GEORGE H. FOLGER, Notary Public and Justice of the Peace. HER BRITANNIC MAJESTY'S CONSULATE, I, Francis Lousada, Her Britannic Majesty's consul for the States of Massachusetts and Rhode Island, do hereby certify that George H. Folger, esq., of Boston, is a notary public for the county of Suffolk, Massachusetts, duly qualified, and that to his acts and attestations, as such, full credit and faith is due and must be given; and I further certify that the within annexed is his genuine signature and notarial seal. In testimony I have hereunto set my hand and affixed my seal of office, at Boston, this 16th day of December, in the year of our Lord 1863. (Signed) F. LOUSADA, [Inclosure 11 in No. 1.] Invoice of cargo laden on board the bark Sea Bride, White, master, bound to Cape Town and Zanzibar, Henry Spaulding, supercargo, on board. 200 barrels flour, Mt. Vernon, for Zanzibar, at $9. 346 boxes candles, adamantine, 20 pounds each, at 20 cents 500 boxes extra family soap, 16 pounds each, at 1 cent. 28 bales hops, 5,833 pounds each, 22 cents. 10 tierces smoked hams, 2,899 pounds each, 12 cents. 50 barrels prime pork, at $12 each 50 barrels Excelles beef, at $30.50 each 2 cases, 120 pairs, men's split brogans, at $1.25 each 1 case, 60 pairs, men's goat brogans, at $1.40 NEW YORK, May 25, 1863. $1,800 00 7,500 00 134 84 105 75 1,384 00 600 00 1,283 26 347 88 600 00 675 00 150 00 84.00 72.00 2 cases, No. 1, 24 pairs, 300 pounds, beams, $3 each 2 cases, No. 2, 18 pairs, beams, $3 each.. 2 bundles frames for beams 81 00. 12.00 100 kegs white-lead, 25 pounds each, 2,500 pounds, at 8 cents 200 00 4 cases glass beads, 1,440 bunches, at 21 cents each. 302 40 4 iron barrels caustic soda, 2,399 pounds. 175 13 1 case 8 reams paper, order . 121 75 48 boxes and 2 packages clocks, 297 clocks.. 1,078 75 2 cases compo-nails, 200 pounds, order 1 case 115 chak. yellow metal, 615 pounds, at 29 cents [11]* 1 silver hunting-watch, order 1 gold hunting-watch 1 barrel, containing lamp, fixtures, and oil, order 1 box, 20 gallons coal-oil, order. 1 case lamps and fixtures.. 1 package, 3 dozen knives, order.. 24 boxes crackers, assorted, 8,000 pounds. 2 walking-canes, order. 31 half-boxes tobacco, H. Buckley & Co., 2,493 pounds, at $55. 100 three-quarter boxes tobacco, our own, 11,715 pounds, at $40 75 three-quarter boxes tobacco, Fairmount, 9,013 pounds, at $35 26 cases tobacco, Excelsior, 4,063 pounds, at $45... 41, 000 hogshead-staves, at $80 per 1,000 10,000 hogshead-heading, at $80 per 1,000 1 case brushes.. 1 case stationery, order.. 2 dozen tins.. 10 per cent. advance.. $58 00 178 35 15 00 58 00 19 50 13.00 19 50 24 50 1,102 17 15.00 1,371 15 4,686 00 3, 154 55 1,828 35 3,280 00 800 00 60 25 29 25 1 50 33,586 48 3,358 64 36, 945 12 Invoice of cargo per Sea Bride, Charles F. White, master, consigned Henry Spaulding, supercargo, on board, to proceed to Cape Town; transact the business according to memorandum, using dispatch for the vessel, and consigning all proceeds of sales and advances, with remainder of cargo, to William E. Hines, the shipping agent at Zan zibar. (Signed) NEW YORK, May 27, 1863. RUFUS GREENE & CO. UNITED STATES OF AMERICA, Commonwealth of Massachusetts, Suffolk, ss: Before me, George H. Folger, a notary public, duly commissioned and sworn, in and for the county aforesaid, personally appeared Rufus Greene, of the mercantile house of Rufus Greene & Co., of the city of Providence, in the State of Rhode Island, and made solemn oath that the foregoing is a true and correct copy of an invoice of cargo, shipped by their firm on board the bark Sea Bride, which vessel was seized and captured by the confederate steamer Alabama, in Table Bay, Cape of Good Hope, one of the colonies of the kingdom of Great Britain; that the said firm lost thereby the property above set forth, and that they were worth to said firm, at the time of capture, a sum exceeding the amount stated in the invoice. In testimony whereof I have hereunto set my hand and notarial seal, at Boston, this 15th day of December, A. D. 1863; and the said Rufus Greene has also affixed his name, having solemnly sworn to the truth of the foregoing declaration. (Signed) GEORGE H. FOLGER, Notary Public and Justice of the Peace. RUFUS GREENE. [Inclosure 12 in No. 1.] Declaration of Charles F. White. PORT OF CAPE TOWN. On this 6th day of August, in the year of our Lord 1863, before me, Walter Graham, consul of the United States of America for Cape Town, and the dependencies thereof, personally appeared Charles F. White, master of the bark Sea Bride, of Boston, of the burden of 447 tons, or thereabouts, and declared that on the 28th day of May he sailed in and with the said ship from the port of New York, with general cargo, and arrived off Table Bay on the evening of the 4th instant, and having been captured so close to the shore by the confederate steamer Alabama, hereby enters this note of pro test against said capture as illegal, reserving his right to extend said protest at time and place convenient, if found necessary. (Signed) CHARLES F. WHITE, Master of the Bark Sea Bride. WALTER GRAHAM, United States Consul. [12] *And be it further made known that on this 7th day of August aforesaid, together with the above-named Charles F. White, master, also came John Scofield, chief mate, and Richard White, second mate, of and belonging to said bark, who declare, on oath, that on the 28th day of May last past, in their capacity aforesaid, they sailed in and with said bark from the port of New York, laden with general cargo, and bound to the port of Table Bay; that they proceeded on their voyage without any particular occurrence until noon of the 3d instant, when they sighted Table Mountain, and made for Table Bay; but on the night of the 4th instant, on account of the darkness they deemed it advisable to keep off for the night, but on the morning of the 5th they stood in for the land. At about 2 p. m. they saw a steamer coming toward them, which they considered to be the English mail-steamer, but they soon found her to be the confederate steamer Alabama. A gun was fired, and a demand was made to heave to, which, as the said appearers did not comply with another gun was fired, and the commander of said steamer threatened to shoot them if they refusea. The bark was then hove-to. Two boats were lowered from the steamer, and sent on board the bark, when the officer in charge of them ordered one of his crew to haul down the flag, and ordered the captain to take his papers on board the Alabama, which was done at about a quarter before 3, when the position of the bark was as follows: Green Point light-house bearing south by east; Robben's Island light-house bearing northeast. The said appearers did further protest against the said capture as illegal; said bark was at the time in neutral waters, or according to bearings within three miles of the land. And these appearers did further allege, declare, and say that they, together with others of the ship's company, used their best endeavors to bring the said bark into Table Bay, but were prevented by said capture. (Signed) CHARLES F. WHITE, Master. Thus done and protested before me, Walter Graham, United States consul at Cape Town, this 7th day of August, 1863. (Signed) WALTER GRAHAM, United States Consul. UNITED STATES OF AMERICA, Commonwealth of Massachusetts, Suffolk, ss: I, George H. Folger, a notary public, duly commissioned and sworn, in and for the county aforesaid, do certify the foregoing to be a true and exact copy of the protest of the bark Sea Bride, with the signature and seal of the United States consulate at Cape Town now before me. In testimony whereof I have hereunto set my hand and notarial seal, at Boston, this 15th day of December, A. D. 1863. (Signed) [Inclosure 13 in No. 1.] GEORGE E. FOLGER, Extract from the Cape Argus, of September 19, 1863. THE ALABAMA AGAIN IN SIMON'S BAY.-HER DOINGS ON HER RECENT CRUISE.-SALE OF THE SEA BRIDE AND HER CARGO. [From our special correspondent.] SIMON'S BAY, September 18, 1863. Here we have the Alabama once more lying at her anchorage, within 300 yards of Grout's Hotel, and within pretty nearly the same distance off Hood Bay, just on the other side of the point. We have the Federal Vanderbilt cruising about in search of the famous confederate. So it would appear that if there has not been actual fighting outside, as it was reported there had been, the steamers have been within an ace of coming into collision. The arrival of the Alabama has created quite a stir throughout the place. It seems as if there was something doing once more. The officers are on shore stretching [13] their legs *a bit, and enjoying themselves in various ways, and on board all hands are at work cleaning, painting, and trimming the ship. There have been a hundred stories afloat, since the Alabama left and the Vanderbilt arrived, as to the movement of the ships. And although there was no truth in the rumor of a fight having taken place a day or two ago, nor in a good deal besides that has been said about the Alabama, it appears that rumor was pretty well informed on a few points, and especially with regard to the Sea Bride and the Tuscaloosa. With a view of ascertaining the exact state of the facts, I took a run down here on Thursday evening'; found Captain Semmes on board his ship, and heard from his own lips an account of what he has done since he left the bay; what has become of his prizes, and what his future movements are likely to be. It appears that when he left False Bay he resolved to spend a few days in looking after Federal merchantmen coming from the East, and thinking L'Aquillas the most likely place to fall in with them he took up a position off that point. The Tuscaloosa and the Sea Bride had been previously ordered to go to Angra Pequena. The object of sending the Tuscaloosa there was to get wool taken out of her and replaced by ballast, and then to send her cruising as before. Captain Semmes had previously had an offer for the Sea Bride which he resolved to accept. He says that his desire was, and is, to observe strictly the laws of neutrality, and to do nothing which can possibly give offense to the British authorities. Angra Pequena belongs as much to Captain Semmes as to the British government, or perhaps anybody else, and any transaction there could give no ground of complaint to Governor Wodehouse, Admiral Walker, or the imperial government. A day was fixed for both the Tuscaloosa and Sea Bride to be at anchor in the harbor of Angra Pequena. Upon that day Captain Semmes took in the Alabama, met the parties, who had made him the offer for the Sea Bride, and completed the sale of her. When sold the Sea Bride was taken away. The wool was then taken out of the Tuscaloosa and landed. The Tuscaloosa was ballasted, went to sea again, and is now cruising not very far off the land. Captain Semmes then returned to his position off L'Aquillas bank, but not a single Federal merchantman made her appearance. He boarded whilst there sixteen ships, but all were English cargoes. The following is a list of them: Åugust 15.—English bark Saxon, Algoa Bay to Cape Town. 17th. English ship Broughton Hall, Bombay to Liverpool; medical aid being required on board her, Assistant-Surgeon Llewellyn was sent to render it. 19th. English ship Camperdown, Madras to London. 20th. English bark Durban, Natal to London. 22d. Overhauled a bark showing Dutch colors. 23d. English ship Sarawak, Bombay to Liverpool. 24th. Dutch bark Maria Elizabeth, Batavia to Amsterdam. 28th. English schooner Flower of Yarrow, Ichaboe to Cape Town. September 3d. English ship Punjaub, Kurrachee to London. 4th. English bark Isle of May, Ceylon to London, by signal. 8th. English ship Nahant, Bombay to Liverpool. 9th. Saw a bark showing English colors; English ship Cameronian, Calcutta to London; English ship Flora, Manila to Liverpool. 12th. Exchanged colors with an English bark. The wool taken out of the Tuscaloosa at Angra Pequena is now on its way to a market, where Captain Semmes did not tell me, and it being no business of mine, nor, so far as I am aware, of anybody else, except himself, I did not think fit to inquire. He does not himself know precisely where the Sea Bride is gone, but he made no secret as to her purchaser. Captain Semmes further told me that he was particularly annoyed that certain parties should have endeavored, immediately his back was turned, by means of false statements, to bring him into collision with the naval authorities at Simon's Town and the governor of the colony. He says that so far from having done anything that could possibly give offense, he has studiously avoided every act that could possibly be construed into a breach of the law. The story told by the person who piloted the Alabama into Saldanha Bay on the occasion of her first visit is contradicted both by Captain Semmes and the officers of the ship. The pilot stated that Captain Semmes had agreed to give him £20 to take in the ship, and afterward refused to pay him more than £3. The truth is that when Captain Semmes saw the little coasting-vessel commanded by the person who acted as pilot, he sent an officer on board her to ask where Saldanha Bay was. The captain of the coaster asked the officer to take him on board the steamer, which the officer consented to do. Nothing was said about pilotage, but when the captain of the coaster got on board the Alabama, he began to give such directions as a pilot would have given, and was allowed to take the ship into the bay. When the ship was at anchor, Captain Semmes asked him what was his charge for pilotage. That was the first time payment [14] was spoken of. Neither £20 nor any other sum had been promised. The man replied that he did not know. Captain Semmes then asked what was the charge for pilotage at Table Bay or Simon's Bay; the man said he did not know. He was repeatedly asked to name a sum, but declined to do so. Captain Semmes then called an officer who had been a commander of a British ship on the English coast, and asked what would be the charge for piloting the Alabama into an English port. The officer replied it would be about £2. Captain Semmes then said to the pilot, suppose we say £3. The man made no reply, but went below with an officer who was to take a receipt for the money; when he got below the man seemed to take a second thought, for he said he would not take so small a sum as £3. A Federal commander, a little while before, had paid him £20, and he did not see why he should not have £20 now. That sum Captain Semmes declined to pay, but says that if the man had asked him for £5, £6, £7, or £8, he would have given it at once, and would never have thought of fixing the amount himself if the pilot had not declined to do so. Up to the time that he came into Simon's Bay, Captain Semmes did not know that the Vanderbilt had arrived here. He had been within sight of the land for four days, but saw nothing whatever of her. He thinks the Vanderbilt much too heavy for him, but is by no means alarmed at finding himself so near her. He says he is pretty comfortable where he is, and expects the Kadre round from Table Bay with about 200 tons of coal, which he intends to take in. If the Vanderbilt should happen to come in while he is here, he will insist upon his right to have twenty-four hours' start. If she stops outside she must keep a proper distance from the headlands of False Bay; and as False Bay is sixteen miles across, he thinks there will be plenty of room for him to get out, without running foul of the Yankee. In commenting upon the probable consequences of an encounter with the Vanderbilt, Captain Semmes spoke with modesty of the power of his own ship. He said that although the machinery of the Vanderbilt would be a good target, in fighting with a steamer it is not so easy to escape having a broadside. He found that to be the case with the Hatteras. Although he disposed of her pretty easily, it was as much as he could do to prevent her from giving him a broadside. The plan he adopted with the Hatteras was to use his large Blakeley gun from the stern of his ship, and that gun did the work. The gun is an 85-pounder, and he thinks that his only chance with the Vanderbilt will be to use it upon her machinery. His opinion is that the Vanderbilt has very much greater speed than the Alabama, and that it will be impossible for him to get away from her. He does not intend to go and look for her; but he says that if he has to fight her he will do his best. He expects to leave False Bay about Monday next. He would not have come back to Simon's Bay now, but his condensing-apparatus got out of order. A few days after leaving Simon's Bay, and when about four days at sea, he found that the condenser did not act properly. It did not take more than one-third of the salt out of the water. Captain Semmes was consequently compelled to put the men upon an allowance. Upon arriving at Angra Pequena he obtained from a person there sixteen casks of water, and that quantity sufficed for the return voyage to Simon's Bay. The repairs of the condenser are nearly completed, and as soon as the coal is on board, the Alabama will be ready to take her final departure from the Cape of Good Hope. Captain Semmes says that it is not probable that when once he gets away we shall see his face again for some time to come. It was rumored in town yesterday that the honorable Mr. Field, the collector of customs, had received a letter from Saldanha Bay, stating that the Vanderbilt had anchored there. On inquiry, we found that this was not true. She is still cruising just outside the cape. (Inclosure 14 in No. 1.] Extract from the Cape Town Advertiser and Mail. THE ALABAMA'S LAST PRIZE.-A very nice and knotty point is now under consideration by the governor; whether the Sea Bride is, or is not, a lawful prize to the Alabama, or whether the confederate has not been guilty of a breach of neutrality in capturing the Federal bark, at a point so near to British land. We understand, indeed, that two or three puzzling points are raised, some of them depending on mere ordinary evidence for settlement, and others requiring for their solution a reference to Vattel and the law of nations. First, then, what is the range to which extend the territorial waters of British possessions? To this the general reply is a league, based on the fact, as Vattel declares, that it was considered the utmost range of cannon-shot in the olden time when he wrote. Has this been in any way affected by the greater projectile force of Armstrongs and "Whitworths? The second question is, assuming the legal distance to have been three miles, was the Sea Bride at the time of her capture within that range of the nearest British land? This is entirely a case of [15] |