Where
it appeared that the vessel had been engaged in a military service of
the enemy, under the direction of his Minister of the Marine, it was
held as a sufficient proof of a setting forth as a vessel of war; so
where the vessel is armed, and is employed in the public military
service of the enemy by those who have competent authority so to employ
it, although it be not regularly commissioned. But the mere employment
in the enemy's military service is not sufficient; but if there be a
fair semblance of authority, in the person directing the vessel to be so
employed, and nothing upon the face of the proceedings to invalidate it,
the Court will presume that he is duly authorized; and the commander of
a single ship may be presumed to be vested with this authority as
commander of a squadron.
_Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August_ 8,
1863.
I have the honour to acknowledge the receipt of your Excellency's letter
of this day's date, covering the written opinion of the Acting
Attorney-General of this Colony as to the legality of the so-called
tender to the Confederate States armed ship Alabama, and for which I beg
to express my thanks.
The vessel in question, now called the Tuscaloosa, arrived here this
evening, and the boarding officer from my flag-ship obtained the
following information:
That she is a barque of 500 tons, with two small rifled 12 pounder guns
and ten men, and was captured by the Alabama on the 21st June last, off
the coast of Brazil: cargo of wool still on board.
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