By referring to "Wheaton's Digest," page 234, or any other good work on
international law, you will find the above rules laid down and
elucidated.
The fact that the prize has not already been burned, and that her fate
is still in suspense, is clear proof that Captain Semmes had misgivings
as to the legality of the capture, and awaits your Excellency's assent.
If you decide that the prize was legally taken, you will assume a
responsibility which Captain Semmes himself declined to take.
_Affidavit of C.F. White._
On this 6th day of August, A.D. 1863, personally appeared before me,
Walter Graham, Consul of the United States at Cape Town, Charles F.
White, master of the barque Sea Bride, of Boston, from New York, and
declared on affidavit that on the 3d day of August instant, he sighted
Table Mountain and made for Table Bay, but that on the 4th instant,
night coming on, he was compelled to stand out. On the 5th instant, he
again made for the anchorage, and about two P.M. saw a steamer standing
toward the barque, which he supposed was the English mail steamer, but
on nearing her, found her to be the Confederate steamer Alabama. He,
Captain White, was peremptorily ordered to heave his vessel to as a
prize to the Alabama. One gun was fired, and immediately after the
demand was made another gun was fired. Two boats were lowered from the
Alabama and sent on board the barque. The officer in charge of these
boats demanded the ship's papers, which the said master was compelled to
take on board the said steamer. This happened about a quarter before
three o'clock. He and his crew were immediately taken from his vessel
and placed as prisoners on board the Alabama, the officers and crew
being put in irons. The position of the barque at the time of capture
was as follows:--Green Point Lighthouse bearing south by east; Robben
Island Lighthouse north-east.
The said appearer did further protest against the illegal capture of
said vessel, as she was in British waters at the time of capture,
according to bearings.
_Mr. Graham to Sir P. Wodehouse. August 7, 1863_.
Understanding from your letter of this date, received this morning,[17]
that the case of the Sea Bride is still pending, I enclose the
affidavits of the first officer of that vessel and the cook and steward,
which I hope will throw additional light on the subject.
[Footnote 17: A formal acknowledgment omitted here as superfluous.]
From the affidavit of the first of
|