evidence, and the governor has been yesterday engaged in obtaining the best testimony bearing on the subject. The third is a nicer problem than either of the other two... On Wednesday night, the bark is alleged by some of her crew who were still on board.. to have drifted in within two miles of the light-house; while on Thursday she stood in again, and is alleged was clearly within British waters. How far, then, does this constitute a breach of neutrality, or how far does it support a claim to have the validity of the capture impugned? What answer will be given to all these queries by the governor, or what further steps he may think fit to take in consequence of them, is of course unknown. Both sides, however, may rely upon it that he will exert himself to the utmost to maintain a strict neutrality, and to sccure fair and even-handed justice to all the parties concerned. THE ALABAMA AND THE LAW OF NATIONS. To the Editor of the Advertiser and Mail: SIR: The capture of a Federal vessel by a confederate steamer within sight of a British port, and as some contend even in British waters, raises an interesting discus-sion as to the international legality or illegality of the proceeding. It is to be hoped that some of your numerous correspondents, legal or mercantile, interested, whether theoretically or practically, in the important point at issue will not fail to enter on the inviting field of inquiry. Will any one having access to the authorities and the ability to deal satisfactorily with the task, kindly oblige your readers by letting them know the exact state of the law on the question? We hear, on all sides, that three miles is the limit from shore within which the Sea Bride could have claimed the protection of the British flag; but is this undisputed, and where is the precise distance laid down in black and white? Or is it derived merely by reasoning from analogy-by varying cannon-range, for instance, hereafter mentioned? I do not pretend to enter into the matter to advocate one side or the other, but in answer to the question just put, "Is this an undisputed rule?" would take the liberty of referring to a work published by Lord Mackenzie (one of the judges of the court of session in Scotland,) late in 1862, late enough, in fact, to have the advantage of treating also of the other international question arising out of the seizure of the Trent by the Federal San Jacinto, in November, 1861. Lord Mackenzie there says, (p. 152,) "The parts of the sea near the coast being in some degree susceptible of property, and of great importance to the safety of the country, are held by the modern law of natious to be comprehended within the territory of the state to which the coast belongs.. To what distance a nation may extend its rights over the sea by which it is surrounded is a problem which has been a fruitful source of controversy, and is not easily determined. By most publicists the whole space of sea within cannon-shot of the coast is considered a part of the territory of the state, and for that reason a vessel captured within range of the cannon of a neutral port is not a lawful prize.” According to this legal authority, then, the latest as far as we know, the limit is not reckoned by "miles" but a limit of power reckoned by "cannon-range." And this seems in accordance with the doctrine of property in the sea laid down by Grotius ("De Jure Bell. et Pac." K. K. 2, ch. 3, sec. 13-2,) who says, "that the empire of a portion of the sea belongs to a territory, in so far as those who sail on that part of the sea can be compelled from the shore as if they were on land." This would seem materially to alter the features of the case. It raises the question, could a cannon planted at the farthest point of British dominion at the Cape, whether that point be (in theory) the stoop of the most projecting marine villa at Sea Point or the opposite coast of Robben Island, have thrown a ball, not alone into the Alabama, (for she may have kept out of reach,) but into the Sea Bride at any moment, from the commencement of the chase to the capturing close? I may mention that in course of conversation subsequently on board the Alabama, I put the question to Captain Semmes as to what the limit was. His reply was three miles. Is it not rather, I asked again, within cannon-range? "That is just it," was his significant reply; in the olden days the "cannon-range" was taken as three miles. But cannons have improved and cannon-ranges much increased since those olden days, vide Blakeley's rifled five-miler, on the Alabama's very decks; and thus, in now interpreting the term "cannon-range," must we not, making allowance for this, assume the case of the most powerful piece of artillery modern science has invented? The question, then, if Mackenzie is to be relied on, comes to this, would such a [16] cannon placed on the *farthest projecting point of Anglo-African land in the vicinity of the scene of capture have rescued the Sea Bride? I am sure I only speak the sentiments of many who are anxious to get exact and reliable information on an interesting subject, when I express the hope that some local "Vattel" will take up the question, treating it first on general principles of dominion in the sea, and then with reference to the particular subordinate case of the Alabama and Sea Bride. [Inclosure 15 in No. 1.] WILKES. Extract from the Advertiser and Mail. CAPE TOWN, August 10, 1863. CONFEDERATE CAPTURE.—The governor has decided, in reply to the representations of the American consul, that the bark Sea Bride was a legitimate prize to the confederate cruiser Alabama. This decision has, of course, dissatisfied the protesters, and some of them indulge in rather tall talk of the manifest one-sidedness of British authorities, and of the terrible retribution that will one day befall them for it. That they should be dissatisfied is natural enough, and no one can refuse his sympathy to men who have lost so much so unexpectedly, and within so near a reach of perfect safety. But we cannot see how his excellency could have acted in any other way. He had, in the first place, the conflicting testimony of the captors and the captured; the former declaring that they were more than three miles from the shore, and the latter less. He therefore discarded both, and determined to rely upon the best official evidence he could procure from competent professional eye-witnesses on shore. Those whom he selected for that purpose, we believe, were the signal-men on the Lion's Rump, and the keeper of the two light-houses at Green Point and the Morville. The former had a perfect bird's-eye view of the whole affair, and it is his daily business to estimate and report to town the distance of vessels entering the bay. The two others, though not quite so practiced as the signal-man in such matters, have had frequent experience in the same judging distance sort of drill, and all three concurred in the opinion that the Sea Bride at the time of her capture was about four or five miles from the nearest point of shore, and that she was between four and six miles from the nearest point of Robbern Island. With facts like these the governor could hardly have done otherwise than to adjudicate as he did; and yet it must be remembered that his adjudication is by no means final. If the American representatives can procure reliable evidence, assigning a position to the bark within the territorial waters of the colony, it is quite within their power to avail themselves of it, and through their Government to adduce it before the court of St. James's, in London. The imperial government will thus have the whole case fully before them, and should it then appear that injustice had been done, there can be no doubt that ample redress will be given, and the question be fairly and equitably disposed of. The whole affair, however, it must not be forgotten, is one simply of evidence, and as far as the evidence taken hitherto has gone it seems to point very clearly against the claimants. The Americans resident here naturally complain, and with some bitterness, of what they consider the manifest sympathy which was shown with the confederate cause, in the person of the confederate commander Semmes, to an extent inconsistent with the neutrality which we profess. On this it must be remarked that much, if not most, of the enthusiasm shown was the result of mere curiosity, combined with that hero-worship which, for all sorts of apparent heroism, whether true or spurious, springs up instinctively in the human heart. At the same time, however, it cannot be denied that the extraordinary pluck displayed by the Confederate States while fighting for their independence has gained for them a sympathy which wholly overlooks the original grounds and origin of the strife. Such sympathy as this it is impossible to repress. Proclamations and decrees are powerless to oppose it, and are never intended to interfere with it. When we say therefore that we are neutral-and such undoubtedly the government of the Cape of Good Hope has in the present instance shown itself to be-it is true that a few official persons were foolish enough to show their own excessive sympathy with the confederate commander, but their indiscretion was quickly checked by the governor personally, who felt that by some of the steps proposed to be taken by them the neutrality of his government might` be seriously compromised. Since the departure of the Alabama yesterday morning two American vessels entering Table Bay had a narrow escape. They were, however, warned off by some boats in the offing, and were wide awake enough to hug the shore so closely as to put the neutrality of their [17] *position beyond dispute. While entering Table Bay again yesterday, another American, the Martha Wentzel, was seized, but was quickly liberated on its being clearly shown that at the time of her capture she was within the protection of the claimed league from the shore. The confederate sailing-schooner Tuscaloosa put into Simon's Bay yesterday after effecting a capture off the coast within the last week or two. This was a China vessel, the Santa, bound for England; but having a British cargo on board, she was released on giving bond for a ransom of $150,000. The Tuscaloosa gave chase to another clipper, the Snow Squall, and got near enough to fire into her. The fugitive, however, outstripped her in speed and got clear away. In connection with this it will be interesting to the commercial world to know that Captain Semmes lays it down as a rule that whenever a bona fide British cargo is found on board an American bottom, the vessel is always released on payment of a ransom. In every other case the prize is romorselessly burnt and sunk. In addition to this it may be stated that for all his numerous captures he has to give account and establish a condemnation before an admiralty prize-court in the Confederate States. It is, therefore, his invariable rule to make a provisional, but formal, inquiry into each individual case as it arises, and record all the circumstances of it, and to register and preserve the evidence on which his provisional condemnation is based. Some of these judgments and other matters we shall publish in our mail issue next week. THE STEAMER ALABAMA AND THE PRIZE BARK SEA BRIDE.-The steamer Alabama still remains in Table Bay. The Alabama, if the weather moderates, will probably leave for Simon's Bay this morning. She has taken in some supplies, such as biscuits, &c., and Mr. Cornhusk is preparing some boiler-plates and other articles which are necessary for the repair of her machinery. Captain Semmes has not left his vessel (except to pay a complimentary visit to Her Majesty's ship Valorous, and the East India and London Company's steamer Lady Jocelyn) since his arrival here and will not land at Cape Town. He is thoroughly alive to the paramount importance of the work he is engaged in, and puts off all idea of relaxation and repose until the war is over, and he may be able to draw a long breath. It was his intention to proceed to sea yesterday to take out of the Sea Bride such supplies as he wants, and then to burn her, but the severe weather of yesterday has prevented this. The American consul and the colonial government are meanwhile in correspondence respecting the legality of Captain Semmes's proceedings on Wednesday. The consul has put in the protest of the captain and mate of the Sea Bride, to prove that he was within two miles and a half of Ĩand, and, therefore, in neutral waters when seized by the Alabama. The government, on the other hand, has got the statements of the signal-man on the Lion's Rump that the bark was four miles off land, and of Captain Bissell, Mr. Wollarton and others, that she was more than three miles distant, and, therefore, beyond the neutral line. The consul, in addition to the protest alluded to, has received the evidence of the steward and seamen of the Sea Bride who were left on board at the capture until Thursday. They state that on Wednesday night a signal was made from the Alabama to burn the bark, and that tar-barrels were placed at different parts of the vessel, and ammunition piled in the cabin and forecastle for that purpose, but a subsequent signal from the Alabama seemed to countermand the order, and the bark lay on and off the port. At one time she was within one mile of Greenpoint light-house, and at another time about two miles from land, which is also considered contrary to the rules of neutrality, which provides that no prize is to be taken into British waters. The consul has asked that the prize be taken possession of by the Valorous until the question of legality is decided. The government, however, do not feel at present disposed to attempt any interference either with Captain Semmes or his prize. No. 2. Earl Russell to Mr. Adams. FOREIGN OFFICE, January 23, 1864. SIR: I have the honor to acknowledge the receipt of your letter of the 20th instant, inclosing copies of papers relating to the case of the bark Sea Bride, of Boston, captured * by the Alabama, and I have to state to you that those papers shall be considered by Her Majesty's government. [18] I am, &c., RUSSELL. FOREIGN OFFICE, February 8, 1864. SIR: With reference to my letter of the 23d ultimo, I have the honor to state to you that Her Majesty's government have had under their consideration your letter of the 20th ultimo and its inclosures respecting the capture of the bark Sea Bride, of Boston, by the Alabama, and I have now to inform you that the governor of the Cape of Good Hope, in the neighborhood of which colony this vessel was seized, has reported himself satisfied by the evidence adduced before him that the capture in question was not made within British jurisdiction, and Her Majesty's government upon perusal of that evidence have arrived at a similar conclusion. With respect to the claim founded upon the general argument set forth in your letter of the 23d of October last, which you are instructed to present, Her Majesty's government have only to repeat that they, in every respect and most advisedly, adhere to the answer which they have on former occasions had the honor to address to you in reply to that argument. I am, &c., RUSSELL.. |