I ought to explain that the seizure was made without previous reference
to the Attorney-General. I did not consider such a reference necessary.
The law had been determined by Her Majesty's Government on the previous
case. The Admiral was of opinion that we had only to obey the orders we
had received, and on his intimating that opinion I assented.
Your Grace will observe that at the request of the officers of the
Tuscaloosa the Admiral has permitted them to remain on board, in
expectation of the immediate arrival of the Alabama, to which ship they
wish to return. I should otherwise have thought it my duty to provide
them with passages to England at the cost of Her Majesty's Government,
by whom, I conclude, they would be sent to their own country; and it is
probable that if the Alabama should not soon make her appearance, such
an arrangement will become necessary.
I have only to add that I have thought it advisable, after what has now
occurred, to intimate to the United States Consul that we should
probably be under the necessity of adopting similar measures in the
event of an uncondemned prize being fitted for cruising, and brought
into one of our ports by a Federal ship of war. I did not speak
positively, because I have been left in doubt by your Grace's
instructions whether some distinction should not be drawn in the case of
a ship of war of one belligerent captured and applied to the same use by
the other belligerent, but the Consul was evidently prepared for such a
step.
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