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Rh first class, and appointed to the command of the "Novara," the fifty-gun frigate which had just come home from her voyage round the world. He was then, notwithstanding his want of seniority, sent into the Levant as commodore, and was present in Greek waters, in Phalerum Bay or the Peiraeus, for a great part of 1862-3, during the Revolution and the accession of King George. Afterwards, as the "Novara" was found to be in want of extensive repairs, he was turned over to the "Schwarzenberg," a frigate of the same size, and in her, in company with the "Radetzky," of thirty-one guns, was, at the end of 1863, at Port Said, inspecting the works of the canal, on which, in fact, he is said to have written a clear and valuable report. He was still there when he received orders to go immediately to the North Sea, where the naval power of Denmark threatened to baulk some of the military plans of the Germanic spoilers.

With the "Schwarzenberg," "Radetzky," and a gun-vessel, the "Seehund," Tegetthoff immediately went round to Brest, where he was joined by three Prussian gunboats, "Blitz," "Basilisk," and "Adler." These were put under his orders, and with the squadron so formed he left for a cruise against the Danes, who were, it was said, blockading the mouths of the Elbe and the Weser. It was about noon on the 9th of May, 1864, that, within sight of Heligoland, he met the Danish squadron under Commodore Suenson. The "Seehund" was not in company, and the three Prussian gunboats were paltry little things, so that his effective force consisted of simply: —

As against the Danish force:

The Austrians were clearly overmatched, and the Danes, both in prestige and efficiency, were not an enemy to whom one would willingly give odds. Nevertheless, Tegetthoff did not hesitate a moment. He was steering towards the north, Suenson towards the south; and the two, advancing straight against each other, came within range about a quarter before two o'clock.

The action which followed was the first, and with the exception of that, a few months later, between the "Kearsage" and "Alabama," remains the only one fought between wooden ships under steam and armed with heavy shell guns; but on neither side does any exceptional use seem to have been made of the steam-power; and the damage and loss inflicted by the shells were no greater than were in many cases, during the Old French War, inflicted by much smaller cold shot. The hostile frigates, on each side in close order, one astern of the other, passed in opposite directions, interchanging their starboard broadsides. The Danes then turned to starboard, trying to cut off the Prussian gunboats, which were a long way astern; and to prevent this the Austrians also turned to starboard, countermarching their line. But in this they were a little late, and the "Schwarzenberg," as she advanced towards the south, received a raking broadside from the 44Niels Juel." They did, however, prevent any attack on the gunboats, and the two squadrons ran in parallel lines at a distance of about five hundred yards apart, and heading at first towards the south-west; the "Schwarzenberg" and the "Niels Juel," the "Radetzky" and the "Jylland," supported by the "Heimdal," keeping up a brisk fire on each other. About three a shell from the"Niels Juel" lodged in the bunt o£ the "Schwar-zenberg's" foresail and burst there, setting it on fire. This rapidly spread, and the fore topmast was enveloped in flames. The fire of the "Niels Juel" prevented all attempts at extinguishing them, and the ship had to be kept right before the wind, which was easterly. A little after four they were within the territorial waters of Heligoland, and the action ended.

The question has often been mooted whether an action, begun outside, may not be finished within neutral waters. Bynkershoek has laid down the rule that it may; some of Stowell's decisions seem to sanction it; and, apart from the arguments of lawyers, there are cases on record in which an English admiral has taken the same view — notably, that of August 19, 1759, when Boscawen captured or burnt De la Clue's ships in Lagos Bay. It is quite possible that Commodore Suenson, who had the Austrians distinctly in his grip, might have followed the precedent, and given rise to international disputes and certain ill feeling; but the presence of the English frigate "Aurora," under the command of Sir Leopold McClintock, prevented any such complication. The Austrians anchored, and shortly afterwards the "Schwarzenberg's" foremast went over the side, but the fire was not completely extinguished till ten o'clock at night. The 