Copies of all the correspondence are inclosed.
_Mr. Rawson to Mr. Graham. December_ 28, 1863.
I am directed by the Governor to acquaint you that the Tuscaloosa having
again arrived in Simon's Bay, will, under instructions lately received
from Her Majesty's Government, be retained under Her Majesty's control
and jurisdiction until properly reclaimed by her original holders.
_Mr. Graham to Sir P. Wodehouse. December_ 28, 1863.
I have to acknowledge the receipt of your letter of yesterday's date in
reference to the Tuscaloosa.
By virtue of my office as Consul for the United States of America in the
British possessions of South Africa, of which nation the original owners
of the Conrad _alias_ Tuscaloosa are citizens, I possess the right to
act for them when both they and their special agents are absent, I can
institute a proceeding _in rem_ where the rights of property of
fellow-citizens are concerned, without a special procuration from those
for whose benefit I act, but cannot receive actual restitution of the
_res_ in controversy, without a special authority. (See United States
Statutes at Large, vol. i., p. 254, notes 2 and 3.)
Under these circumstances I am content that the vessel in question
should for the present, or until the properly authenticated papers and
power of attorney shall be received from the owners in America, remain
in possession and charge of Her Majesty's naval officers.
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