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 misapprehended the facts, otherwise I cannot conceive
him capable of so misapplying the law. The facts are briefly
these:--1st. The Tuscaloosa was formerly the enemy's ship Conrad,
lawfully captured by me on the high seas, as a recognized belligerent;
2dly. She was duly commissioned by me as a tender to the Confederate
States steamer Alabama, then, as now, under my command; and 3dly. She
entered English waters not only without intention of violating Her
Britannic Majesty's orders of neutrality, but was received with
hospitality, and no question was raised as to her right to enter under
the circumstances. These were the facts up to the time of Earl Russell's
issuing to you his order in the premises. Let us consider, then, a
moment, and see if we can derive from them, or any of them, just ground
for the extraordinary decision to which Earl Russell has come.
My right to capture and the legality of the capture will not be denied.
Nor will you deny, in your experience as a naval officer, my right to
commission this, or any other ship lawfully in my possession, as a
tender to my principal ship.
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