relation to her conduct in the waters of His Majesty, the Emperor of Brazil, been known at the time. Having made "Rata Island the base of her operations; for to that

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' place she carried prizes, and from thence proceeded to "make others, which she ordered to be burnt, after having

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kept them there some days at the anchorage place of that island;" His Majesty the Emperor of Brazil ordered that the said steamer be no more received in "any port of the Empire."

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The toleration" of such abuses was, in the opinion of His Majesty, equivalent to permitting the ports of "the Empire to serve as bases for operations for the belligerents.' Therefore, this first" disrespect to the "sovereignty" of that Empire was followed as soon as discovered by a peremptory order of banishment.

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2

The United States ask the Arbitrators to contrast this conduct with that of the Government of Her Majesty

This vessel was built and specially adapted to warlike use in Great Britain, and in violation of the laws of that sovereignty. She sailed from a port in that sovereignty, unarmed but fitted in all respects to receive her armament; she escaped after her detention by the Government had been determined upon; her armament was constructed in Great Britain; her ammunition, stores and crew were all provided there; these were shipped by the insurgents on board of English vessels in English ports, transported to the waters of another government, under the English flag, and there transferred. After her cruise commenced, her coal was supplied from Great

1 Brit. App., vol. I, p. 295.

2 Ibid., p. 294.

Britain in English vessels despatched from English ports with instructions to proceed to places of rendezvous arranged by preconcerted agreement" through agents of the insurgents, having their places of business, and carrying on the operations of their Government, upon English soil.

She sailed a distance of more than fifteen hundred miles to reach an English port after an engagement with the enemy only twenty five miles from one of her own ports, in order to repair damages and refit. While cruising along the coast going from one port to another in British jurisdiction, within cannon shot of the shore, and in sight of the town in which was located the seat of the Colonial Government of Her Majesty, she captured an innocent merchantman and inadvertently" brought it within the territorial jurisdiction of Her Majesty. While again coasting between other ports of Her Majesty's dominions she again. chased and detained another merchantman, but upon being informed by one of the officers of Her Majesty's navy that this was within the jurisdiction of Her Majesty the captain again put in a plea of "inadvertence" and released his prize.

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She brought an uncondemned prize into a port of Her Majesty under pretence of a commission as a tender; her officers there made contracts for the sale to Her Majesty's subjects of the prize cargo of this so-called tender, and of the prize vessel and cargo taken within sight of the land; and, in pursuance of an arrangement made in port, proceeded to an unfrequented island, and completed the sale of the uncondemned prizes by delivery and receipt of the purchase money; and afterwards, in

an English port, her captain "permitted permitted" a few picked fellows to come on board for "shipment" outside of the jurisdiction.

All these facts, save perhaps the last, were made known to Her Majesty's Government as soon as they occurred, yet no" disrespect to the sovereignty " of Her Majesty was discovered; such practices were "tolerated;" the vessel with her officers were at all times and on all occasions admitted without hesitation to the hospitalities of all British ports, and "treated exactly as any United States "man-of-war would have been." In short, she was permitted at all times to do in the ports of Great Britain what, in the opinion of His Majesty the Emperor of Brazil, was "equivalent" to their use as the bases of belligerent operations. During all this time no instructions were ever issued from the Home Government which could in any manner whatever embarrass the operations of a vessel whose government had so persistently abused and insulted the power and sovereignty of Her Majesty.

As to this vessel, therefore, the United States believe the Arbitrators will find that she was not only constructed and specially adapted to warlike use within Her Majes ty's jurisdiction, and that due diligence was not used to prevent her departure therefrom, but that after her departure she was permitted to use the ports and waters of Her Majesty as a base of naval operations against the United States.

As has been seen, the Tuscaloosa was commissioned as her tender. Before her arrival within the jurisdiction of Her Majesty's Government at the Cape of Good Hope, she had captured and released upon ransom-bond one vessel. After her visit and supplies there, on the

more.

13th of September, 1863, she captured and destroyed one As to her, Great Britain permitted her ports to be used as a base of belligerent operations. In addition to this, having been commissioned by the Alabama, her acts are to be treated as the acts of her principal.

VIII.

THE GEORGIA.

This vessel was built at Dumbarton, on the Clyde, a few miles below Glasgow, by William. Denny and Brothers. 1 She was launched on the 10th of January, 1863, and was then called the Virginia. A Miss North, daughter of Captain North of the insurgent states, was prominent at the launch and gave the ship her name. 2 All this was reported by the Consul at Glasgow to Mr. Seward on the 16th of January. " On the 9th of October, 1862, Mr. Adams communicated to Earl Russell a copy of an intercepted letter from the insurgent Secretary of the Navy to Captain North, which fully explained the position that gentleman occupied towards the insurgents.

1 Brit. App., vol. I, p. 423.

2 Am. App., vol. VI, p. 503.

3 Ibid.

Brit. App., vol. I, p. 216.