the Tuscaloosa arrived in Simon's Bay. She was not only
recognised in the character which she lawfully claimed and still claims
to be, viz., a commissioned ship of war belonging to a belligerent
Power, but was allowed to remain in the harbour for the period of seven
days, taking in supplies and effecting repairs with the full knowledge
and sanction of the authorities.

No intimation was given that she was regarded in the light of an
ordinary prize, or that she was considered to be violating the laws of
neutrality. Nor, when she notoriously left for a cruise on active
service, was any intimation whatever conveyed that on her return to the
port of a friendly Power, where she had been received as a man-of-war,
she would be regarded as a "prize," as a violater of the Queen's
proclamation of neutrality, and consequently liable to seizure. Misled
by the conduct of Her Majesty's Government, I returned to Simon's Bay on
the 26th instant, in very urgent want of repairs and supplies; to my
surprise I find the Tuscaloosa is now no longer considered as a
man-of-war, and she has by your orders, as I learn, been seized for the
purpose of being handed over to the person who claims her on behalf of
her late owners.

The character of the vessel, viz., that of a lawful commissioned
man-of-war of the Confederate States of America, has not been altered
since her first arrival in Simon's Bay, and she, having been once fully
recognised by the British authorities in command in this Colony, and no
notice or warning of change of opinion or of friendly feeling having
been communicated by public notification or otherwise. I was entitled to
expect to be again permitted to enter Simon's Bay without molestation.

In perfect good faith I returned to Simon's Bay for mere necessaries,
and in all honour and good faith, in return, I should on change of
opinion or of policy on the part of the British authorities, have been
desired to leave the port again.

But by the course of proceedings taken, I have been (supposing the view
now taken by your Excellency's Government to be correct) first misled
and next entrapped.

My position and character of my ship will most certainly be vindicated
by my Government. I am powerless to resist the affront offered to the
Confederate States of America by your Excellency's conduct and
proceedings.

I demand, however, the release of my ship; and if this demand be not
promptly complied with, I hereby formally protest