This is perhaps the strongest instance that could be
cited of what civilians call the _consuetudo obrogatoria."_
This being the nature of my title, the reasons should be very urgent
which should justify my being forcibly dispossessed of it. But there are
no such reasons apparent. It is not contended that there was any
misconduct on the part of the Tuscaloosa, unless her entry into a
British port as a Confederate cruiser be deemed misconduct. As stated in
the beginning of this letter, she had no intention of violating any
order of the Queen. Her error, therefore, if it were an error, is
entitled to be considered with gentleness and not with hardship. Her
error was the error of yourself and his Excellency the Governor, as well
as myself. We all agreed, I believe, that she was a lawfully
commissioned ship, and that her commission estopped all further enquiry.
In the meantime, she proceeds to sea thus endorsed, as it were, by the
Colonial authorities; your Home Government overrules your decision; the
Tuscaloosa returns in good faith to your port to seek renewed
hospitality under your orders of neutrality. And what happens? An
English officer, armed with your order, proceeds on board of her, turns
her commander and officers out of her, and assumes possession on the
ground that she has violated the Queen's orders; and this without any
warning to depart or any other notice whatever. In the name of all open
and fair dealing--in the name of frankness, candour, and good faith, I
most respectfully enter my protest against such an extreme,
uncalled-for, and apparently unfriendly course.
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