sh him with a
legal opinion; and whether this vessel could he held to be a ship of war
before she had been formally condemned in a prize court; or whether she
must not be held to be still a prize, and, as such, prohibited from
entering our ports. The Acting Attorney-General, founding his opinion on
Earl Russell's despatch to your Grace, of the 31st January, 1862, and on
"Wheaton's International Law," states in substance that it was open to
Captain Semmes to convert this vessel into a ship of war, and that she
ought to be admitted into our ports on that footing.

On the 8th August the vessel entered Simon's Bay, and the Admiral wrote
that she had two small rifled guns, with a crew of ten men, and that her
cargo of wool was still on board. He was still doubtful of the propriety
of admitting her.

On the 10th August, after further consultation with the Acting
Attorney-General, I informed Sir Baldwin Walker that, if the guns had
been put on board by the Alabama, or if she had a commission of war, or
if she were commanded by an officer of the Confederate Navy, there must
be held to be a sufficient setting forth as a vessel of war to justify
her admission into port in that character.

The Admiral replied in the affirmative on the first and last points, and
she was admitted.

The Tuscaloosa sailed from Simon's Bay on the morning of the 14th
instant, but was becalmed in the vicinity until the following day, when
she sailed about noon. The Alabama left before noon on the 15th instant.
Neither of these vessels was allowed to remain in port longer than was
really necessary for the completion of their repairs.

On the 16th, at noon, the Georgia, another Confederate war steamer,
arrived at Simon's Bay in need of repairs, and is still there.

Before closing this despatch I wish particularly to request instructions
on a point touched on in the letter from the United States Consul of the
17th instant, viz.: the steps which should be taken here in the event of
the cargo of any vessel captured by one of the belligerents being taken
out of the prize at sea, and brought into one of our ports in a British
or other neutral vessel.

Both belligerents are strictly interdicted from bringing their prizes
into British ports by Earl Russell's letter to the Lords of the
Admiralty of the 1st June, 1861, and I conceive that a colonial
government would be justified in enforcing compliance with that order by
any means at its command, and by the