departure. The Captain of the Alabama was thus entitled to
assume that he might equally bring her a second time into the same
harbor, and it becomes unnecessary to discuss whether, on her return to
the Cape, the Tuscaloosa still retained the character of a prize, or
whether she had lost that character, and had assumed that of an armed
tender to the Alabama, and whether that new character, if properly
established and admitted, would have entitled her to the same privilege
of admission which might be accorded to her captor, the Alabama.

Her Majesty's Government have, therefore, come to the opinion, founded
on the special circumstances of this particular case, that the
Tuscaloosa ought to be released, with a warning, however, to the Captain
of the Alabama, that the ships of war of the belligerents are not to be
allowed to bring prizes into British ports, and that it rests with Her
Majesty's Government to decide to what vessels that character belongs.

In conclusion, I desire to assure you that neither in this despatch, nor
in that of the 4th November, I have desired in any degree to censure you
for the course you have pursued. The questions on which you have been
called upon to decide, are questions of difficulty, on which doubts
might properly have been entertained, and I am by no means surprised
that the conclusions to which you were led have not, in all instances,
been those which have been adopted on fuller consideration by Her
Majesty's Government.

_Captain Semmes, C.S.N., to Rear-Admiral Sir B. Walker, dated C.S.S.
Alabama; Table Bay, March 22, 1864_.

Sir:--I was surprised to learn upon my arrival at this port of the
detention by your order of the Confederate States barque Tuscaloosa, a
tender to this ship. I take it for granted that you detained her by
order of the Home Government, as no other supposition is consistent with
my knowledge of the candour of your character--the Tuscaloosa having
been formerly received by you as a regularly commissioned tender, and no
new facts appearing in the case to change your decision. Under these
circumstances I shall not demand of you the restoration of that vessel,
with which demand you would not have the power to comply, but will
content myself with putting this my protest against this detention on
the record of the case for the future consideration of our respective
Governments.

Earl Russell, in reaching the decision which he has communicated to you,
must surely have m