Viewing all the circumstances of the case, they afford room for the supposition, that the vessel is styled a "tender" with the object of avoiding the prohibition against her entrance as a prize into our ports, where, if the captors wished, arrangements could be made for the disposal of her valuable cargo, the transhipment of which, your Excellency will not fail to see, might be readily effected on any part of the coast beyond the limits of this Colony.
My sole object in calling your Excellency's attention to the case is to avoid any breach of strict neutrality.
Governor Sir P. Wodehonse to Rear-Admiral Sir B. Walker. August 10, 1863.
I have the honour to acknowledge the receipt of your Excellency's letter of the 8th instant, on which I have consulted the Acting Attorney-General.
The information given respecting the actual condition of the Tuscaloosa is somewhat defective, but referring to the extract from Wheaton transmitted in my last letter, the Attorney-General is of opinion that if the vessel received the two guns from the Alabama or other Confederate vessel of war, or if the person in command of her has a commission of war, or if she be commanded by an officer of the Confederate navy, in any of these cases there will be a sufficient setting forth as a vessel of war to justify her being held to be a ship of war; if all of these points be decided in the negative, she must be held to be only a prize, and ordered to leave forthwith.
Rear-Admiral Sir B. Walker to Governor Sir P. Wodehouse. August 11, 1863.
I have the honour to acknowledge the receipt of your Excellency's letter, dated yesterday, respecting the Confederate barque Tuscaloosa now in this bay.
As there are two guns on board, and an officer of the Alabama in charge of her, the vessel appears to come within the meaning of the cases cited in your above-mentioned communication.
Governor Sir P. Wodehouse to the Duke of Newcastle. August 19, 1863.
(Extract.)