Papers Relating to the Foreign Relations of the United States, Transmitted to Congress with the Annual Message of the President, December 2, 1872, Part II, Volume I

[136] *Part VIII: Statement of facts relative to the Shenandoah.

[undated.]

Part VIII.—The Shenandoah. On the 12th November, 1804, Earl Russell received from Her Britannic Majesty’s consul at Teneriffe a report dated the 30th October, 1864, from which it appeared that a vessel bearing the name of the Sea King, from London, had shortly before that date arrived in the vicinity of the Madeira Islands: that she had there received on board guns and a small number of men from a British steamer called the Laurel; had been taken possession of by a person claiming to be her commanding officer in the name of the Confederate States, and had hoisted the confederate flag. This report was as follows:¹

Consul Grattan to Earl Russell.

Teneriffe, October 30, 1864.

My Lord: I have the honor to inform your lordship that the British steam-vessel Laurel, (47819,) of the port of Glasgow, bound from Liverpool to Nassau, arrived here on the 21st instant for the purpose of coaling.

The master, J. F. Ramsay, on presenting himself at this office, stated that he wished to land-forty-three passengers, who were to proceed to England by the next Liverpool steamer, and that these persons were the master and crew of the British steamer Sea King, (official No. 48547,) of London, which vessel had been wrecked off the Desertas. The Laurel continued her voyage on the 22d instant. The master, on getting up steam, and not before, landed the above-mentioned seamen.

The master of the Sea King, P. S. Corbett, did not call at this office, as is usual in such cases, either for the purpose of making a protest or to claim assistance. Therefore, on the 25th instant. I sent to desire his attendance, and demanded the certificate of registry of his vessel, in pursuance of instructions contained in No. 13 Paragraph of the Board of Trade Instructions. On handing in his certificate he informed me that his vessel had not been wrecked, but that she had been sold in London, and delivered to her owners on the high, seas; and that himself and his crew had landed here for the purpose of returning to England as passengers in the West Coast of Africa mail-steamer, due at this port on the 31st instant.

The discrepancy between the statements of the two masters led me to seek for further information respecting this matter, and the substance of the declaration [have obtained from George Kelly, Edward Everall, John Ellison, (Royal Naval Volunteers, 18536.) and John Hircus, all seamen belonging to the crew of the steam-vessel Sea King, is as follows:

“The Laurel sailed from Liverpool bound to Nassau with 24 supposed officers and 17 seamen, besides her own crew, 45 to 60 shells, about live tons of gunpowder, and various other munitions of war; she proceeded to Madeira, where she took about 300 tons of coal. The Sea King sailed from London on the 7th instant, and also proceeded to the offing of Funchal Roads. Both vessels then steamed to a place off the Desertas, where the sea was smooth, and the officers and men, arms, and munitions of war were transshipped from the Laurel to the Sea King on the 20th instant. The cases of arms were at once opened and the seamen armed themselves with cutlasses and revolvers. One of the officers then took command of the vessel in the name of the government of the so-called Confederate States of America. Some of the crew of the Laurel joined the Sea King; the remainder of her intended crew are to be sent out from England.”

The 42 seamen now here, in charge of the former master of the Sea King, awaiting a passage to England, refused to join the confederate vessel, though as much as £17 per man was offered to them as bounty.

In consequence of having become aware that a serious offense against British law has been committed on board a British ship, I have thought it my duty to take the depositions, upon oath, of four of the seamen of the Sea King, which I have the honor to forward to the Board of Trade, according to instructions.

These depositions, in my opinion, contain evidence sufficient to substantiate a charge against the master, P. S. Corbett, of an infringement of the foreign-enlistment act; I therefore, pursuant to paragraph 127 of the Consular Instructions, deem it proper to send the offender in safe custody to England, in order that cognizance of the offense may be taken,

I am satisfied that the 42 seamen now here are about to proceed to England by the West Coast of Africa mail-steamer, which leaves this port for England on this day.

I have, &c.,

(Signed)

HENRY C. GRATTAN.

[137] Inclosed in the above report were depositions on oath made by several, seamen, of *whom two belonged to the Royal Naval Reserve, and all had refused to take service on board of the Sea King when she was declared to be a confederate ship of war; and also a statement signed by the master of the Sea King.

These depositions were as follows:¹

Deposition of John Ellison, R. N. V., 18536.

I signed as quartermaster in the Sea King on or about the 8th of October, 1834; proceeded to sea; after several days we came off Madeira; on the same night a steamer went into the port of Madeira; on the following morning the Sea King went into the bay, and signalized to the steamers that were lying there, and after two hours the Laurel came out to sea, and signalized to the Sea King, and was answered by hoisting No. 3 pendant, which I hoisted myself. I was ordered by one of the passengers to hoist this pendaut; the captain was on the poop at the time, and, turning round, said to me these words, “Who ordered that pendant to be hoisted? Haul it down immediately;” which I did. After this flag was hauled down—about three-quarters of an hour afterward—the Laurel anchored off what I believe to be the Desertas; the Sea King anchored within about 30 yards of her.” The captain of the Laurel was on the forecastle; our captain said, I will, come alongside of you directly,” and he did so. In the mean time the men were erecting tackles, rigging purchases to the port main yard-arm, and preventer lifts and rolling tackle ready. After this, commenced to take in large heavy cases from the Laurel, I think four or five, by means of other purchases. Small cases and casks of powder were taken in forward; all lights ordered to be put out. These orders were given by some of the passengers of the Laurel, who had embarked on board the Sea King, and not by our captain. One of these passengers told us that he was the captain, and had charge of the ship, and ordered our captain to hoist the confederate flag, which was done. Shortly after, our captain gave orders for all hands to lay aft; when the men were aft, our captain came out of the saloon with our articles in his hand, and said.” Well, men, I have sold the ship.” Immediately, the captain that had charge came out alongside of him. Captain Corbett said to us, “This gentleman is offering £4 for able seamen.” I was standing close to the captain at the time, and I said to him, “I agreed with you in London to go to Bombay, which I have my naval certificate to prove.” I told him, “You have broken your agreement; why are we not proceeding to Bombay?” He said, “Well, men, I cannot help it;” and, buttoning up his coat, he said,” Follow me, (and ran to the gangway;) I am off.” I said, “Let him go; this is the ship we have earned our money in, and ought to have it out of.” After he had gone, one of the passengers said to me, “Why cannot you go in this ship? It is good money.” I said “I had never earned a shilling in America in my life, and therefore I did not wish to light for it; that England was my country, and I was not ashamed to own it.” He said, “Why?” I said, “You do not know where I belong to; do you see this on my cap?” I had the naval reserve cap on at the time. “If I were to desert from this you could not place any confidence in me; you may try, but it is of no use, I have got the wrong heart in me for this, so you have no need to try me any more.” I said to Captain Corbett, “I stop in the ship till I get my money down on the capstan-head.” He said, “Men, I have no money to pay you.” I said, “You have sold the ship; what have you done with the money?” He said, “I have no money to pay you here;” he said I talked too much. I said, “I will see you when I get to England.” The other royal naval volunteer on board the Sea King told me that Captain Corbett had offered him between £15 and £20 bounty, and about £10 per month, as near as I can recollect; he refused this, and in about half an hour all the men went, without being paid, on board the Laurel. The Laurel went to reconnoiter a ship which hove in sight, and came back and signalized that she was a Hamburg vessel. The Laurel laid off about an hour and a half, trying to persuade us to join the Sea King, Captain Corbett doing his uttermost to this end. When he found it no use they hoisted the boats and proceeded to Teneriffe, where we arrived on 20th, at night, and were not allowed to land until the 22d. Wlien the steam was up, ready to depart, the chief officer came forward to the men of the Sea King and said, “If anybody asks you where you came from, say you are castaway seamen, and tell the consul the same, if required.”

(Signed)

JOHN ELLISON.

This deposition was made before mo, and read over to the deponent.

(Signed)

HENJRY C. GBATTAN, Consul.

Teneriffe, October 29, 1864.

Deposition of John Allen, R. N. V., 950.

[138] I shipped in the Sea King for a voyage to Bombay and China; voyage not to exceed two years. After we got clear of the Channel we stopped the steam and proceeded tinder double-reefed topsails, dodging along for about three days, as far as I recollect, looking for something. We then made sail and carried on until we came to the island of Madeira, ran in past it at night, then rounded the vessel to, and stood out again till 4 the next morning; then got steam up and stood in for the harbor again. When we got abreast of the harbor we hoisted our number, which was answered by the Laurel steamboat lying at anchor. Directly altered the ship’s head outward, and stood away from the harbor. Then we were followed by the Laurel steamer, which got under way directly we signalized her; then we laxed our steam until she came up tons; she then signalized to us when she was going. Immediately we set full steam on and made all sail. We ran for about two hours and a half, when the steamer rounded an island, and we followed her, taking in all sail; and going up under easy steam, brought the ship to an anchor in 17 fathoms. A boat from the little steamer came alongside of us, with the captain in her, and told our captain that he would be alongside of him in a few minutes. Then we commenced to secure our main-yard and get a pendant from the mast-head, and got the tackle hooked * on all ready for taking some heavy weight on board. Then the Laurel came alongside ns, and we commenced slinging the cases until about 9 o’clock, likewise cases of powder, which was carried to the after cabin and stowed away; likewise large cases of shell and shot; also cases of rifles, and a great many cases of clothing. About 9 o’clock we went to our suppers. Went to work again about half past 9, and continued working till about 2 in the morning taking in kegs of powder; all lights ordered to be put out. They gave us a glass of grog and let us go to bed about 2 o’clock next morning. We were not asked to turn to work. After breakfast the hands were all to come aft. When we were all mustered aft, Captain Corbett waited for the person who proved to be the captain, and took charge of the ship. Then he addressed us in this manner: “Men, I have sold the ship; you who like to stop in her, you will get very good wages, and I will give you two months’ pay.” The men refused to do so. The new captain spoke to the men and told them he would give them two months’ advance, £7 per month, and £10 bounty if any of them would join him. The third engineer and two or three of the firemen joined him. The new captain came to me while I was on the poop, it being my watch, and tried all he could to persuade me to go with him; offered me £14 a month to go as gunner’s mate, which I told him plainly I dare not do, as I belonged to the English navy already, and I dare not go into any other. When they found they could not persuade me, they went to Captain Corbett to try if he could not advise me to do so. As I came off the poop, as all hands were standing round the cabin-door to see the captain, the captain, Captain Corbett, came out of the cabin and called me in, and told me I was very foolish to lose such a good chance. I told him I would not go for double the amount. He said when he went home he would not report me, nor let it be known where I was, if I would go, and I thanked him, and told him I would go home and report myself, and walked out of the cabin. The captain came on deck and the men asked him to give them three months’ wages before they would leave the ship, which he refused to do. He said, there is the steamboat, and you can come along with me. He told us he would take us to England and discharge us, and if the law would allow us anything, he would give it to us. Seeing it was no use hanging on any longer, we put our things on board the steamboat and waited, for the captain; as soon as he came on board the steamer shoved off, got her steam up, and at this time a sail hove in sight, and the captain lowered his boat and went on board the Sea King. Again pulled back as quick as he could, and put to sea, till he made out what the vessel was, and then stood back for the Sea King again to let her know it was all right. We hovered off and on till about 5 or 6 in the evening, as the captain could not get any of us to join. Some of the little steamer’s hands went Turned away and made our passage towards Teneriffe. On arriving there were not allowed to land until the Laurel was ready for sea with her steam up.

The above has been read over to me, and is correct and true.

(Signed)

JOHN his+mark ALLEN.

This deposition was made before me.

(Signed)

HENRY C. GRATTAN, Consul.

Teneriffe, October 29, 1864.

Deposition of Thomas Everall.

I signed as ordinary seaman in the Sea King, on or about the 8th of October; sailed from London, suppose to be going on a voyage to Bombay, &c. voyage not to exceed two years. When the vessel left there were two persons on board not belonging to the crew; one of these persons went ashore at Deal, the other proceeded on the voyage with us. About ten days after leaving London we have to before the island of Madeira, after having been dodging about all night. We signaled to some vessel inside the harbor, and soon after a steamer came out; we accompanied her to an island about 50 miles from Madeira. As soon as we had let go our anchor the other vessel came alongside of us, and we began to transship guns and ammunition into the Sea King. We worked till late, and when we had done the mate came into the forecastle and told us that the Sea King was sold to the confederate government for a privateer, and if we liked to join we should, get £4 10s. a month, two months’ wages from the Sea King, two months’ advance from the Shenandoah, (the name given to the Sea King,) and £10 bounty. The next morning, after we had finished the transshipment, Captain Corbett called the hands aft and corroborated the mate’s statement, further saying that if we did not like to join he would give us two months’ wages and pay our passage to England. We would not agree to this, so he said we must go in the steamer alongside, and we said we would settle it when we got to England. The new captain of the Sea King then offered us £6 per month and £15 bounty; then afterward raised his offers to £7 per month and £16 bounty, but only two lads Joined. We then took our cloths on board the Laurel, and we left the Shenandoah in the evening; she hoisted the confederate flag. The passenger who went out with us was the first lieutenant. We arrived at Teneriffe next Thursday, and landed the Saturday following, and have since been living at the captain’s expense, waiting for the mail-boat to take us home.

The above has been read over to me, and is correct and true.

(Signed)

THOMAS EVERALL.

This deposition was made before me.

(Signed)

HENRY C. GRATTAN, Consul.

Teneriffe, October 29, 1864.

Deposition of George Kelly.

[139] The Sea King sailed from London on the above voyage; as soon as she got clear of the Channel the steam was taken off, and some of the sails put her under easy canvas. We said, “There is something strange, or the captain would be more anxious to proceed on his voyage.” We had one passenger on board who was afterward said to be the first lieutenant. The sail-maker was making a few hammocks for some of the men forward, and this passenger give him orders to make twelve from this we supposed *this person was not a passenger. On Monday night or afternoon came off Madeira and dodged off and on until Tuesday morning, then the captain gave orders to the engineer to put on full steam till he got outside the town. He hoisted signals; they were answered by a steamboat that was lying in-shore; then we kept off again for a couple of hours. The steamer which signalized ns came out, and both steamers hoisted signals. We made all steam and sail toward the lee of an island; we anchored there, and the other steamer came alongside of us. The boatswain ordered us to secure the main yard with a topsail sheet, and to put tackles for taking in three tons weight. We took in some heavy eases, and also four eases of shot and shell, which we knew to be such, as some tumbled about the decks. There were some gun-carriages in cases and some without; the cases containing the gun-carriages were partly open. Several bales of clothing and beds were transshipped. The captain came to us, and told us he had sold the ship; that the captain who now had the ship would give ns £4 10s. a month, and £10 bounty, and he himself would give us two months’ wages if we would join the ship. He then raised his terms to £6 and £7, £16 bounty. We refused to go in her. One engineer, a boy, and an ordinary seaman stopped, I believe. The captain told us to go on board the Laurel; that he would pay our passage home. We went on board. We received no wages. We dodged off and on. The confederate flag was hoisted after we left the ship. We then came down to Teneriife.

The above has been read over to me, and is correct and true.

(Signed)

GEORGE his+mark. KELLY.

This deposition was made before me.

(Signed)

HENRY C. GRATTAN, Consul.

The master’s statement was as follows:¹

Statement of the circumstances under which the British vessel Sea King, official No. 48547, of London, has been sold by Mr. P. S. Corbett, the master thereof.

The above vessel left London on the 19th of October, 1864, bound to Bombay, calling at port or ports on the passage. The cargo consisted of coals and provisions for the voyage. There were no munitions of war whatever on board. I held a certificate of sale from the owner. On the 19th of October I sold the said ship, receiving the amount agreed upon as per bill of sale. I am not aware that by the said sale I in any way infringed the foreign-enlistment act.

(Signed)

P. S. CORBETT.

This statement was made before me.

(Signed)

HENRY C. GRATTAN, Consul.

Teneriffe, October 29, 1864.

The law-officers of the Crown were forthwith requested to advise the government as to the course which should be taken in relation to the facts stated in the above report.

On the 14th November, 1864, the law-officers reported their opinion as follows:²

The law-officers of the Crown to Earl Russell.

Lincoln’s Inn, November 14, 1864.

My Lord: We are honored with your lordship’s commands signified in Mr. Layard’s letter of the 12th instant, stating that he was directed by your lordship to transmit to ns a copy of a dispatch received on the 12th instant from Her Majesty’s consul at Teneriffe, reporting the circumstances under which a number of men had been landed at that port from the British steamer Laurel, and the part taken by that vessel in the equipment at sea of the British steamer Sea King as a vessel of war for the government of the so-called Confederate States. That Mr. Consul Grattan states that he had taken the depositions on oath of four of the seamen of the Sea King, who were landed from the Laurel, and that he had deemed it proper to send Captain Corbett to England in safe custody to answer a charge of having infringed the foreign-enlistment act.

That your lordship had ascertained that the depositions had not yet reached the Board of Trade, and that your lordship was unable, therefore, at present, to submit them for our consideration; and Mr. Layard was directed, however, to send us at once the consul’s dispatch, as well as a copy of a telegram received at the Board of Trade, announcing the arrival of twenty-two of the men at Liverpool, and to request that we would take these papers into consideration, and furnish your lordship with our advice as to the course which should be adopted by Her Majesty’s government in this matter.

We are also honored with Mr. Layard’s letter of this day’s date, forwarding the depositions in the case of the Sea King.

In obedience to your lordship’s commands we have taken these papers into consideration, and have the honor to report—

[140] That we think the depositions taken at Teneriffe, and forwarded to Her Majesty’s government by Mr. Consul Grattan, do not support the conclusion arrived at by the consul, that Captain Corbett (whom we understand to have been in command of the Sea King until she was handed over to certain agents of the Confederate States off Desertas) is chargeable with any offense against the foreign-enlistment act. To constitute an offense under the seventh (the equipment) clause of that act, there must have been an equipment, &c., with a view to employment in the belligerent service of a foreign *power, within some part of the United Kingdom, or of Her Majesty’s dominions beyond the seas. In like manner, to constitute an offense (by a person not himself enlisting, &c.) under the second section such person must have been concerned within the United Kingdom, or in some part of Her Majesty’s dominions elsewhere, in inducing or procuring others to enlist, &c., or to go, or to agree to go, or embark for some part of Her Majesty’s dominions for the purpose or with intent to be enlisted, &c.; and to constitute an offense under the sixth section, the master or other person in command of a ship or vessel in some part of the United Kingdom, or of Her Majesty’s dominions beyond the seas, must knowingly and willingly have taken, or engaged to take, on board persons who Had enlisted, or had agreed, &c., to enlist, &c., or who were departing from Her Majesty’s dominions for the purpose and with the intent of enlisting, &c.

In every one of these cases the criminal act must have been committed within some part of “Her Majesty’s dominions, a word which, as here used, does not, in our opinion, include a British ship on the high seas. But all the facts mentioned in these depositions appear to have taken place upon the high seas, beyond the limits of Her Majesty’s territory. It is, indeed, not improbable that in the preparation of the Sea King for her voyage (if she went to sea under Captain Corbett’s command from any port in this country) an offense against the seventh section of the act may have been committed. It is also possible that the officers and men, or some of them, may have been hired and taken on board in this country with a view to employment in the confederate service, so as to constitute offenses against the second and sixth sections, or one of them. But there is no evidence to support either of these conclusions in the depositions taken at Teneriffe by Consul Grattan.

All, therefore, that we can now advise your lordship to do is to direct that the twenty-two men, or some of them, who have just landed at Liverpool, be immediately examined by the solicitor to the treasury, or some person deputed by him, and their evidence reported to us; and that the solicitor be directed to obtain such other information as may be accessible in this country with respect to the previous history of the Sea King, the nature and circumstances of her equipment, the engagements of her crew, and the persons concerned therein, if there should be reason to believe that she sailed from this country with the view of being employed as a ship of war in the confederate service.

We have, &c.,

(Signed)	ROUNDELL PALMER.
	R. P. COLLIER.
	ROBERT PHILLIMORE.

The lords commissioners of the treasury were requested to give immediate directions to their solicitor, in conformity with the concluding paragraph of the law-officers’ report.

On the 19th November, 1864, Earl Russell received from Mr. Adams a note,¹ submitting for Earl Russell’s consideration a copy of a letter from Mr. Dudley relating to the Sea King, together with copies of two depositions made by seamen who had shipped on board of that vessel in the port of London, and who had returned to England from Teneriffe in the mail steamer Calabar.

These depositions, though containing some statements which were clearly erroneous, confirmed, in general, the truth of those sent to the foreign office by Consul Grattan.

With reference to the original hiring, one of the deponents, John Hercus, deposed as follows:²

On or about the 25th of September last past, I and John Wilson, a ship’s carpenter, were looking for a ship in London, and went on board the steamship Sea King, lying in the East India dock, and spoke to the chief mate. He pointed out the captain, whose name, we were informed, was Corbett, and we spoke to him about going on the ship. He asked us if we were single men, and said he wanted all single men if he could get them. He told me that the ship would be ready in ten days or a fortnight, and if I liked to wait he would give me the chance. He asked the carpenter if he could come to work at once, and he agreed to do so, and went to work the next morning. On or about the 5th of October I went to the Sailors’ Home, and there signed articles as able seaman at £2 10s. a month for a voyage to Bombay, thence to any port or ports in the Indian Ocean, or China Seas, Japan or Australian Colonies, Pacific or Atlantic Oceans, and back to a port in the United Kingdom, voyage not to exceed two years. I received a note for a month’s advance, which I got cashed at Isabella Calder’s No. 6 Bird street, East London.

On Friday, the 7th of October, I took my clothes on board, when we were told she was not going until Saturday morning, the 8th.

The other deponent, who was the John Wilson referred to in Hercus’s statement, deposed to a like effect as to both the terms and the mode of hiring.

With reference to the persuasions used in order to induce the men to enlist in the service of the Confederate States, the said John Wilson deposed as follows:¹

[141] After we had finished taking in the things from the Laurel, the mate came and called all hands aft, and said the captain wanted to see us. We all went and gathered round the cabin-doors, and Captain Corbett came out and said, “Well, men, I have sold the ship to the confederates; she is to *belong to their navy, to be a cruiser, to burn and destroy merchant-vessels and whalers in particular. She is not to fight, but merely to take prizes, and there will be a first-rate chance for any of you young men who will stop by the vessel, and I should advise you all to do it.” The general reply made by the men was that we did not want anything to do with her. The new captain then came out of the cabin and asked if we would not join. He was dressed in a gray uniform. Captain Corbett introduced the man when he came out as the American officer who was to have the command of the ship, but did not mention his name; said he would pay the seaman £4 per-month, and £10 bounty. One of the engineers, one of the firemen, and two of the seamen consented to join, and took the bounty and signed the articles. The officer in uniform, when he came out to us, announced that the Sea King was now the Shenandoah of the confederate navy. Liquor had been served among the men, during the time we were making the transfer, in profusion. Some were under its influence. It was brought round twice after we got through, and offered to the men. They made great efforts to induce the men to join. They raised the wages to £7 and £15 bounty for able seamen. They offered me £16 a month and £15 bounty. I declined to accept it, or to stop with them on any terms. A bucket of sovereigns was brought out on the deck to tempt the men to join. A portion of the crew of the Laurel joined. The person whom Captain Corbett introduced to us as the commander of the Shenandoah came out on the Laurel; there were a number of others who also came out on the Laurel; I should say about forty. We left them on board the Shenandoah. Some were acting as officers. One of them, pointing at the commander, who was standing on the deck, said he was Captain Semmes.

Hereus deposed to the same effect. Describing the inducements offered to the men, he said:²

I said I should not join, hut four others said they would. One was a fireman, one an engineer, and two were ordinary seamen. They were tinder the influence of liquor, which had been supplied freely to all who would take it since we commenced taking in the guns. When they found us unwilling to go the wages and bounty were increased, until we were offered £7 a month, and £16 bounty, and to sign the articles for six months. A bucket containing sovereigns was brought on deck, and the officers took up handfuls to tempt the men on deck. The four who consented to go went into the cabin, and I afterwards saw one of them with twenty-eight sovereigns in his hand.

He added:

When the American officers who came from the Laurel to the Sea King were trying to persuade us to go in her, they said, “You had better go in the Shenandoah,” (which the Sea King was to be called.) They promised us the best of living, and said that the best of the provisions would be taken out of the prizes, and all that were then aboard which were no good would be thrown overboard.

It was stated by the deponents that the officers who had gone out in the Sea King, including the captain, returned in the Calabar to England. The only exception was one of the engineers. The statement that Captain Semmes was on board of the Sea King was erroneous.

The copies of depositions sent by Mr. Adams were immediately laid before the law-officers of the Crown, who, on the 1st of December, 1864, advised thereon as follows:³

The law-officers of the Crown to Earl Russell.

Lincoln’s Inn, December 1, 1864.

My Lord: We are honored with your lordship’s commands signified in Mr. Hammonds letter of the 19th ultimo, stating that, with reference to our report of the 15th November, he was directed by your lordship to transmit to us a letter from Mr. Adams, inclosing copies of the depositions of two men who lately formed part of the crew of the Sea King, and to request that we would take these papers into oar consideration, and favor your lordship with such observations as we might have to offer thereupon.

Mr. Hammond was also pleased to state that we should observe from the accompanying draught of a letter to the treasury that the lords commissioners have been requested to instruct their solicitor to take the depositions, and to proceed in this case in other respects in the manner recommended in our report; and that a dispatch of Mr. Consul Grattan was also inclosed.

In obedience to your lordship’s commands we have taken these papers into our consideration, and have the honor to report—

[142] That, in our opinion, the depositions now forwarded by Mr. Adams are sufficient to prove that Captain Corbett did in this country engage and procure the deponents to serve as sailors on board the Sea King, which ship, from the whole of the evidence in the case, we infer to have been then a vessel intended by him to be used (after she should have been taken to the Azores) in the confederate service. These facts raise questions similar to those which were involved in the cases of the seamen on board the Georgia and Rappahannock, except that none of these particular deponents accepted the confederate service when the true object of the voyage was disclosed to them. Those questions, upon the construction of the act, are not free from difficulty; but in some of the other cases convictions have been obtained and submitted to; and we think that, even if there were no other point arising upon his acts when he handed over the ship to her confederate commander, it would be proper, upon this evidence, *that Captain Corbett should be prosecuted for a violation of the second section of the act, by procuring, or attempting to procure these men, and” others unknown, to serve and be employed, &c., or to go and embark from Liverpool for the purpose, or with intent to serve or to be employed, &c., contrary to that section.

We further think, on more deliberate consideration, that if the Sea King ought to be deemed (as, prima facie, we think she may be) to have been still a British ship when Captain Corbett endeavored to induce the men on board her to accept the confederate service, the question whether her deck was not then “a place belonging or subject to Her Majesty” is a serious one, which ought also to be raised by the indictment la our former report, we stated that we did not think a British merchant-ship at sea was included within Her Majesty’s “dominions,” in the sense of the act; but in the second clause there are also the other and larger words above noticed, to which we did not then advert, and which might, perhaps, receive a more extensive construction.

We have, &c.,

(Signed)	ROUNDELL PALMER.
	R. P. COLLIER.
	ROBERT PHILLIMORE.

Proceedings were accordingly directed to be taken against the master of the Sea King. He was arrested in January, 1865, brought before a magistrate, committed for trial, and in November of the same year tried before the lord chief justice and a special jury, on the charge of having, either within the United Kingdom or on the high seas, enlisted British subjects, or incited them to enlist in the service of the Confederate States.

The evidence produced at the trial was very conflicting. Several witnesses who had sailed in the ship were examined for the defense. These witnesses contradicted on material points the evidence given in support of the prosecution, and the statements contained in the foregoing depositions, and stated on oath that Corbett took no part in the endeavors made to induce the men to enlist, and that the persuasion used was used solely by the Americans who presented themselves as confederate officers. The chief justice put to the jury the question whether the defendant did, in fact, attempt to enlist the men or procure them to enlist, reserving any questions of law which might be raised on the part of the defense, in case the answer should be in the affirmative. The jury returned a verdict of “not guilty.”

The first mate of the Sea King, Charles Easman, who was examined for the defense, gave evidence, in the course of his examination, as follows:

I was second mate of the Sea King when I sailed in her on her first voyage. I was first mate on her when she was sold to the confederates. Mr. R. Wright was her owner. She was to go to Bombay, and nothing was said as to her ultimate destination. She took in 850 tons of coal. It was an ordinary cargo, and coals at that time paid the best freight. She had forty-five hands the first voyage, and forty-seven the second.

The steward of the ship, John R. Brown, who was also examined for the defense, stated that when she left London there was nothing out of the usual course in her stores which might lead to the supposition that she had any other destination than the East Indies.

In cross-examination, he said, “Steamers often take cargoes of coal to the East Indies. She had nearly as many coals on board as she could carry. It is not an unusual thing to send a power of sale with ships going on a long voyage.”

With the view of obtaining further information respecting the Sea King, Mr. Hammond, on the 27th January, 1865, wrote to Messrs. Robertson & Co., of London, who had originally been part owners and managing owners of the ship. Mr. Hammond’s letter and the answer returned by Messrs. Robertson & Co. were respectively as follows:¹

Mr. Hammond to Messrs. Robertson & Co.

Foreign Office, January 27, 1865.

Gentlemen: I am directed by Earl Russell to state to you that his lordship has been informed that the Shenandoah, a full-rigged ship of 1, 100 tons and 250 horse-power, now stated to belong to the government of the so-called Confederate States, was formerly in the possession of your firm, at which time she bore the name of the Sea King; and I am directed to inquire whether you have any objection to inform his lordship of the circumstances under which you sold the vessel, and particularly whether she was sold to an agent of the so-called confederate government.

I am, &c.,

(Signed)

E. HAMMOND.

[143] *Messrs. Robertson & Co. to Mr. Hammond.

5 Newman’s Court, Cornhill, London, January 28, 1865.

Sir: We beg to acknowledge receipt of your letter of yesterday, and to inform you that the Sea King was sold by us to a British subject, a Mr. Wright, of Liverpool, through the agency of Messrs. Curry, Kellock & Co., of Liverpool, brokers, in the usual way, and that the bill of sale, &c., passed through Her Majesty’s customs in due order.

After the sale of the vessel we had nothing whatever to do with her, and she remained in dock for some weeks, and was entered out for Bombay, which port we were informed was to be her destination.

We are not aware, nor have we any knowledge, that any confederate agent had anything to do with the ship during her stay in this country.

The Sea King was only 150 horse-power, and not, as stated in your letter, 250.

We have, &c.,

(Signed)

ROBERTSON & CO.

On inquiry it appeared that the Sea King was a screw-steamer, built at Glasgow in the year 1863, with a view to employment in the China trade. She was originally owned in shares by several part owners, Messrs. Robertson & Co., of London, acting as managing owners. She sailed from London, in November, 1863, for New Zealand and the China Seas, carrying troops for Her Majesty’s government to Auckland, whence she proceeded to Hankow, and returned to London with a cargo of tea. In September, 1864, she was sold to a Mr. Richard Wright, a ship-owner of Liverpool. Wright, on the 7th November, 1864, granted a certificate of sale to P. S. Corbett, the master of the ship, by which he was empowered to sell her at any port out of the United Kingdom for a price not less than £45,000, within six months after the date of the certificate. When originally fitted out by Robertson & Co., and when sold by them to Wright, she had on board two ordinary 12-pounder carronades intended only for use as signal-guns and for other uses common in merchant-vessels. These were the two 12-pounder guns hereinafter referred to. The crew of the Sea King signed articles for a voyage from London to Bombay, (calling at any ports or places on the passage,) and any other ports or places in India, China, or Japan, or the Pacific, Atlantic, or Indian Oceans, trading to and from as legal freights might offer, until the return of the ship to a final port of discharge in the United Kingdom or continent of Europe, the voyage not to exceed two years.

From what has been stated above, it will have been seen that the Shenandoah was a steamship originally named the Sea King, which had been built not for war but for commercial purposes that she had been employed in the China trade, and was at the time when she sailed from the port of London, in October, 1864, registered in the name of a Liverpool merchant; that she cleared and sailed as for a trading voyage; that her crew were hired and signed articles for such a voyage, and that they shipped and went to sea without suspecting that she was intended for any other destination; that there was nothing in her cargo, stores, or otherwise to excite suspicion; that before or at the time of her arrival in the vicinity of the Madeira Islands she was sold and transferred by her owner to the government of the Confederate States: that she took on board, while at sea, her commander and officers, all of whom were American citizens, with a small handful of men as a crew; that the officers and crew who had brought her out from London left her, with very few exceptions, and returned to England; that in order to induce her original crew to take service in her, solicitations and inducements of every kind were employed by her commander and officers, but without success: that, after being transferred as aforesaid, she was armed for war either on the high seas or in Portuguese waters, and that she thence commenced her cruise under the name of the Shenandoah, given to her by her new owners.

It will have been seen, also, that no representation had been made to Her Majesty’s government respecting her by Mr. Adams, and that no information about her was ever conveyed to or came into the possession of the government previous to the report received on the 12thNovember, 1864, from Her Majesty’s consul at Teneriffe.

Lastly, it will have been observed that immediately on the receipt of that report, the government consulted its advisers on the question whether legal proceedings could be instituted against the master of the ship who had sailed with her from London, for his share in the transaction, and that he was afterward indicted and brought to trial, but was acquitted by the jury, the evidence as to his acts being doubtful and conflicting.

[144] The steamer Laurel, which conveyed to the Madeira Islands the guns destined for the Shenandoah, and her commander and officers, had on the 24th October, 1864, cleared from the port of Liverpool for Matamoras via Havana and Nassau, and her crew were shipped for that voyage. Her clearance stated that she had a crew of 40 men, no passengers, and *sundry packages of British and foreign goods free of duty. She is believed to have been sold while abroad to the government of the Confederate States.

Mr. Adams subsequently, on the 7th April, 1865, wrote to Earl Russell, inclosing and referring to a letter addressed to Mr. Seward by the consul of the United States at Rio Janeiro, in which it was stated that several United Sates ships had been captured and destroyed by the Shenandoah. In this note Mr. Adams wrote as follows:¹

I am by no means insensible to the efforts which have already been made, and are yet making, by Her Majesty’s government to put a stop to such outrages in this kingdom and its dependencies. Neither can I permit myself to doubt the favorable disposition of her ministers to maintain amicable relations with the Government which I represent.

While perfectly ready to bear testimony to the promptness with which all the numerous remonstrances and representations which it has been my painful duty heretofore to submit have been met and attended to by your lordship, it is at the same time impossible for me to dispute the fact that the hostile policy which it is the object of all this labor to prevent, has not only not been checked, but is even now going into execution with more and more complete success.

He proceeded to dwell upon the losses which the commerce and navigation of the United States had sustained, and the circumstances under which these losses had been inflicted, and to observe in effect that such injuries must tend to give rise to “the gravest of complications between any two nations placed under like circumstances.” He added:

That in this case no such event has followed has been owing, in the main, to a full conviction that Her Majesty’s government has never been animated by any agressive disposition toward the United States; but, on the contrary, that it has steadily endeavored to discountenance and, in a measure, to check the injurious and malevolent operations of many of her subjects. But while anxious to do full justice to the amicable intentions of Her Majesty’s ministers, and on that account to forbear from recourse to any but the most friendly and earnest appeals to reason and to their sense of justice for the rectification of these wrongs, it is impossible to resist the conviction that heretofore their measures, however well intended, have never proved effective to remedy the evil complained of. Prompt to acquit them of any design, I am reluctantly compelled to acknowledge the belief that practically this evil had its origin in the first step taken, which never can be regarded by my Government in any other light than as precipitate, of acknowledging persons as a belligerent power on the ocean before they had a single vessel of their own to show floating upon it. The result of that proceeding has been that the power in question, so far as it can be entitled to the name of a belligerent on the ocean at all, was actually created in consequence of the recognition, and not before; and all that it has subsequently attained of such a position has been through the labor of the subjects of the very country which gave it the shelter of that title in advance. Neither is the whole case stated even now. The results equally show that the ability to continue these operations with success during the whole term of four years that the war has continued, has been exclusively owing to the opportunity to make use of this granted right of a belligerent in the courts and the ports and harbors of the very power that furnished the elements of its existence in the outset.

Mr. Adams did not assert that in respect of the departure, equipment, or armament of the Shenandoah there had been any negligence or breach of international duty on the part of Her Majesty’s government; nor could he have done so with any show of reason. The substance of his complaint, as regarded the acts or omissions of the government, was that Great Britain had declared herself neutral in the war, and had recognized the Confederate States as a belligerent, and that confederate vessels had been suffered to enter and make use of the ports and harbors of Great Britain and her colonies equally with vessels of the United States.

On the 25th January, 1865, the Shenandoah arrived at Port Philip, in the colony of Victoria, and anchored in Hobson’s Bay; and her commander immediately sent one of the officers of the ship to present the following letter to the governor of the colony:¹

Lieutenant Waddell to Governor Sir C. H. Darling.

Confederate States Steamer of War Shenandoah,
Port Philip, January 25, 1865.

Sir: I have the honor to announce to your excellency the arrival of the Confederate States steamer Shenandoah, under my command, in Port Philip this afternoon, and also to communicate that the steamer’s machinery requires repairs, and that I am in want of coals.

I desire your excellency to grant permission that I may make the necessary repairs and supply of coals*to enable me to get to sea as quickly as possible.

I desire also your excellency’s permission to land my prisoners. I shall observe the neutrality.

I have, &c.,

(Signed)

JAS. J. WADDELL.

[145] *The governor (Sir C. H. Darling) caused the bearer of the letter to be informed that it should be answered on the following day. The governor had not, at this or any other time, any personal intercourse with the commander of the Shenandoah.

Commander Waddell’s application was, on the 26th January, brought by the governor before the executive council of the colony for consideration. The advice given by the council to the governor thereon is set forth in the subjoined extract from the minutes of its proceedings:^l

Dispatches from the right honorable the secretary of state, covering the Queen’s proclamation of neutrality, and all instructions and orders which have, from time to time, been issued by command of Her Majesty, through the secretary of state, to the governors of Her Majesty’s colonies and possessions, for their guidance during the continuance of hostilities on the North American continent, as well as official correspondence and papers connected with the proceedings of the confederate steamship Alabama at Her Majesty’s colony of the Cape of Good Hope, are laid before the council, and read by the clerk.

After careful consideration of these instructions and papers, the council advise that the honorable the commissioner of trade and customs, writing in the name of his excellency the governor, should acquaint the commander of the Shenandoah—

1. That the vessel under his command will not be allowed to quit the anchorage in. Hobson’s Bay within twenty-four hours after any vessel belonging to the Federal States shall have left the port, and further inform him that, in case he should infringe this rule, his government will be held responsible by that of Great Britain for violating the neutrality of British waters.

2. That the commander of the Shenandoah be requested to communicate to the government of Victoria the nature and extent of the repairs of which he states his vessel to be in need; and that he be informed that permission will be granted for the Shenandoah to remain in the waters of the colony a sufficient time to receive the provisions or things necessary for the subsistence of her crew—but not beyond what may be necessary for immediate use—and to effect her repairs; and that when the government of Victoria are in possession of the nature and extent of the supplies and repairs which are necessary, the commander of the Shenandoah will then be informed of the time which his vessel will be permitted to remain in the waters of the colony.

3. That, in reply to that part of his letter which refers to prisoners, the commander of the Shenandoah be requested to communicate to the government of Victoria the names of the prisoners, and any other particulars relating to them which he may be willing to supply.

His excellency, concurring with the advice which has been tendered to him, directs the honorable the commissioner of trade and customs to address the commander of the Shenandoah in the above-recited terms.

The council further advise his excellency to authorize a communication being made to the United States consul at Melbourne, informing him of the application which has been made by the commander of the Shenandoah for permission to land prisoners, and stating that the government are desirous of knowing whether the consul will undertake to receive and provide for them.

In conformity with the advice of the consul, communications were addressed, by the governor’s direction, to the commander of the Shenandoah and to the consul of the United States at Melbourne, Mr. W. Blanchard.

The consul replied that he had already made provision for the persons brought in as prisoners by the Shenandoah. He addressed several letters to the governor, protesting against the admission of the vessel into the port of Melbourne, and calling on him to cause her to be seized, as guilty of piracy. The reasons on which the consul relied were stated by him in the following letter:¹

Mr. Blanchard to Governor Sir C. Darling.

Consulate of the United States of America,
Melbourne, January 28, 1865.

Sir: I am in receipt of a communication from C. J. Tyler, esq., your excellency’s aide-de-camp, dated to-day, informing me that your excellency has submitted my dispatches of the 26th and 27th January instant to the consideration of your legal advisers, and that your excellency’s decision, when made, will be forwarded to me.

Evidence being daily accumulating in this office in support of the reasons for the protests I had the honor to forward to your excellency, I now beg leave to call your attention specially to the following:

1. That the Sea King, alias Shenandoah, now in this port, and assuming to be a war-vessel, is a British-built ship, and cleared from a British port as a merchantman, legally entering no port until her arrival here, where she assumes to be a war-vessel of the so-styled Confederate States; that any transfer of said vessel at sea is in violation of the law of nations, and does not change her nationality.

2. That inasmuch as Her Majesty’s neutrality “proclamation prohibits her subjects from supplying or furnishing any war material or ship to either belligerent, this vessel, having an origin as above, is not entitled to the privileges accorded to the belligerents by said proclamation.

*3. [146] That being a British-built merchant-ship, she cannot be converted into a war-vessel, upon the high seas, of the so-styled Confederate States, but only by proceeding to and sailing in such character from one of the ports of the so-styled confederacy.

4. That it is an established law that vessels are to be considered as under the flag of the nation where built, until legally transferred to another flag.

5. That said vessel sailed as an English merchant-ship from an English port, and cannot, until legally transferred, be considered as a man-of-war.

6. That not being legally a man-of-war, she is but a lawless pirate, dishonoring the flag under which her status is to be established, and under which she decoys her victims.

7. That her armament came also from Great Britain in English vessels, (the Laurel and Sea King, now Shenandoah,) both of which cleared under British seal, or, if without it, in violation of established law.

8. That as such she has committed great depredations upon ships belonging to citizens of the United States, making her liable to seizure and detention, and the crew guilty of piracy.

I cannot close this without further protesting in behalf of my Government against the aid and comfort and refuge now being extended to the so-styled confederate cruiser Shenandoah in this port.

I have, &c.,

(Signed)

WM. BLANCHAED.

The propositions asserted by the consul, that the Shenandoah, having been built as a merchant-ship in Great Britain, and having sailed as such from a British port, could not subsequently acquire the character of a belligerent ship of war, unless she had in the interval proceeded to, and sailed from, a port in the Confederate States, and that she was in the view of international law a pirate, were erroneous.

In answer to the consul’s letter above set forth, the following letter was addressed to him by order of the governor:²

Mr. Tyler to Mr. Blanchard,

Private Secretary’s Office,
Melbourne, January 30, 1865.

Sir: I am directed by his excellency the governor to acknowledge the receipt of your letter of the 28th instant, and to acquaint you that, having fully considered the representations contained in that communication and in your previous letters of the 26th and 27th instant, and advised with the Crown law-officers thereon, his excellency has come to the decision that, whatever may be the previous history of the Shenandoah, the government of this colony is hound to treat her as a ship of war belonging to a belligerent power.

I have, &c.,

(Signed)

(For Private Secretary,) C. J. TYLER.

The subjoined extracts from minutes of the proceedings of the executive council of the colony show what subsequently occurred in relation to the Shenandoah and the course pursued with reference to her by the government of the colony:¹

Extract from tine, minutes of the council.—Minute 65/7 of the proceedings on the 30th of January, 1865.

At the close of the ordinary business of the council, the honorable the commissioner of trade and customs submits to his excellency a communication from the commander of the Shenandoah, dated 28th January, 1865—in reply to the letter which was addressed to him on the 26th instant—in which Lieutenant Waddell states that he has not been able up to the present time to inform the government of the extent of the repairs which are required to be made to his vessel, and expressing his fear that the damages will prove to be more serious than he had anticipated; but that as soon as a diver, whom he had employed for the purpose, has been able to inspect the screw-shaft below water, he will lose no time in communicating with them. This letter was, shortly afterward, followed by another from Messrs. Langlands, Brothers & Co., of the Port Philip foundery, and dated the 30th January, addressed to Lieutenant Waddell, which that officer indorsed, as forwarded to the honorable the commissioner of trade and customs, for the information of the governor, and with a request that it might be returned.

In this letter Messrs. Langlands report that it was absolutely necessary to put the vessel on the government slip, as, after inspection by the diver, he reports the lining of the outer sternbush to be entirely gone, and requires to be replaced, and that, as three days more will elapse before the vessel can be slipped, Messrs. Langlands state they will not be able to accomplish the repairs within ten days from the date of their letter.

[147] After considering these letters, the council advise his excellency to authorize another communication to be addressed to the commander of the Shenandoah, drawing his attention to the circumstance that he had not as yet replied to the request for information as to the nature of the supplies of *which he states he is in need tor the subsistence of his crew, nor had he furnished the list of the prisoners on board; and that he be further informed that the governor had appointed a board of practical men to examine the Shenandoah, and report whether that vessel is in a fit state to proceed to sea, or whether any, or if any, what, repairs are necessary. For this purpose his excellency appoints Mr. C. B. Payne, secretary naval survey board; Mr. Douglas Elder, superintendent marine yard; and Mr. Alexander Wilson, government engineer, to be a board to proceed on board the Shenandoah, and report accordingly.

His excellency then lays before the council three letters which have been addressed to him by the United States consul at Melbourne, dated, respectively, the 26th, 27th, and 28th of January, 1865, protesting against the rights of a belligerent being granted to the Shenandoah, and further protesting against the aid and comfort and refuge now being extended to that vessel.

Having referred these letters to his legal advisers, his excellency received from them the following opinion:

“We have the honor to acknowledge the receipt of three letters addressed to his excellency the governor by the consul of the United States of America, dated, respectively, the 26th, 27th, and 28th instant.

“We are of opinion that there is no evidence of any act of piracy committed by any person on board the vessel called the Shenandoah. This vessel purports to be, and we think she should be treated as, a ship of war belonging to a belligerent power.

(Signed)	“ARCHD. MICHIE,
	“GEO. HIGINBOTHAM, “Crown Law-Officers.

“January 30, 1865.”

His excellency states that he had replied to the United States consul to the effect that, having given an attentive consideration to his letters, and having consulted with the law-officers of the Crown, he had come to the decision that the government of this colony were bound to treat the Shenandoah as a ship of war belonging to a belligerent power.

His excellency then consults the council on the only point upon which he thought any doubt could arise, viz, whether it would be expedient to call upon the lieutenant commanding the Shenanadoah to show his commission from the government of the Confederate States, authorizing him to take command of that vessel for warlike purposes.

After brief consultation a majority of his advisers tender their opinion that it would not be expedient to do so.

Extract from the minutes of the council.—Minute 65/8 of the proceedings on the 6th February, 1865.¹

On concluding the ordinary business of the day his excellency informs the council that since their last meeting a communication had been received from the commander of the Shenandoah, dated 30th January, stating that the immediate supplies required for the officers and crew under his command consisted of fresh meat, vegetables, and bread daily, and certain sea supplies which are enumerated, and that with respect to the list of prisoners, all the persons—whom on the high seas he considered to be his prisoners—had left his ship in shore boats, without his knowledge, soon after his arrival in the port. The honorable commissioner of trade and customs had been authorized to reply to Lieutenant Wad dell that permission was granted to him to ship, in reasonable quantities, the provisions and supplies which he had enumerated, and that it was necessary for him to place his paymaster in communication with the collector of customs as to the quantities and particulars in detail. The request formerly made to Lieutenant Waddell to furnish the numbers and particulars of his prisoners was also renewed in this communication, and he was informed that, although the number in this instance was understood to be small, yet this case might form a precedent for future guidance in any other case where it might be desired to land a larger number of prisoners in violation of municipal or other laws or regulations in force in this colony.

To this letter Lieutenant Waddell replied, on the 1st February, that the number of the prisoners he had brought into the port were eleven, two being females; that they were captured serving in the American bark Delphine, which vessel he destroyed; and on arrival in this port they left the Shenandoah of their own free will—without consulting the regulations enforced in this colony—unmolested, unassisted, and not in any boat belonging to the ship. He further added that he was extremely anxious to get the Shenandoah to sea.

The report of the board of survey on the repairs required by the Shenandoah is then laid before the council and read.

On receiving this report, his excellency states that he had directed another letter to be addressed to Lieutenant Waddell, informing him that, as it was evidently necessary from the report that his vessel should be placed on the slip, it was presumed that he would proceed promptly with the necessary arrangements; and it was further pointed out to him that the slip—which Messrs. Langlands, in their communication, had termed the government slip—was not in the possession or under the control of the government; that it was originally built by the government, but had for many years been leased to various parties, and, therefore, Lieutenant Waddell’s arrangements must be made with the present lessees.

[148] The commissioner of trade and customs then acquainted his excellency that he had issued instructions to the principal officers in Hobson’s Bay to furnish daily reports of the Shenandoah, in *obedience to a minute of his excellency of the 3d instant, and that he had enjoined upon these officers the necessity of performing this service without unseemly obtrusion or interference, but that any apparent abuse of the permission to make repairs or to take in supplies was to be reported; and their attention was especially directed to the concluding paragraph of the minute relating to any extension of the armament of the Shenandoah, or to any attempt to render her present armament more effective.

Mr. Francis further states that an application had been made this day to the collector of customs for permission to land certain surplus stores, accompanied by a declaration that none of these stores had been captured, but that they all came into the possession of Lieutenant Waddell with the vessel. On consultation with the council, his excellency directs this application to be referred for the opinion of the Crown law-officers, whether such a permission should be granted, and whether the forty-fourth section of the act 21 Vict., No. 13, is applicable to the case.

His excellency then directs Mr. Francis to address another letter to Lieutenant Waddell, and inform him that, as his vessel has been twelve days in the port already, with permission to lay in provisions and to effect necessary repairs, it is now desired that he should name the day upon which he will be prepared to proceed to sea, and that, after carefully considering the position of Great Britain as strictly neutral in the present contest on the North American continent, the government of Victoria cannot grant him the use of any appliances which are the property of the government, nor can it render any assistance, either directly or indirectly, toward effecting the repairs of his vessel.

The report of the board of Survey referred to in the foregoing minute was as follows:¹

Report of survey held on hoard the confederate screw-steamer Shenandoah.

Melbourne, February 1, 1865.

We, the undersigned, in pursuance of instructions received from his excellency the governor, proceeded on hoard the confederate screw-steamer Shenandoah this morning, at 10 a.m., for the purpose of examining her with a view of reporting whether that, vessel is now in a fit state to proceed to sea, or whether, and what, repairs are necessary, have the honor to report:

1st. That the Shenandoah is not in a fit state to proceed to sea as a steamship.

2d. That repairs are necessary.

3d. That the part or parts requiring repair being the inner stern-post bearing of the screw-shaft, the extent of damage cannot be ascertained without the vessel being slipped.

(Signed)	CHARLES B. PAYNE.
	ALEX. WILSON, Engineer-Surveyor.
	DOUGLAS ELDER, Superintendent of Marine Yard.

The governor’s minute (or memorandum) of the 3d February, referred to in the foregoing minute of proceedings, was as follows:²

Memorandum for the commissioner of tirade and customs.

I have to request the honorable the commissioner of trade and customs will be so good as to make arrangements for obtaining daily reports of the progress of the repairs and provisioning of the Shenandoah, and communicate the information obtained to me.

I am sure that the honorable commissioner will take every precaution in his power against the possibility of the commander of that vessel in any degree extending its armament or rendering the present armament more effective.

C. H. D.

Toorak, February 3, 1865.

On the 10th February, 1865, the consul wrote to the governor³ inclosing a deposition on oath by one John Williams, who had been a prisoner on board the Shenandoah, and had escaped from her by swimming ashore on the 6th February. In this deposition the said John Williams stated that fifteen or twenty men had joined the ship since her arrival in port, and were concealed in various parts of her, and that three others, who were wearing the ship’s uniform, had also come aboard since her arrival.

The course pursued by the colonial government with reference to this and other matters relating to the Shenandoah is stated in the subjoined further extract from the minutes of the executive council:⁴

Extract from the minutes of the council.—Minute 65 /9 of the proceedings on the 13th February 1865.

[149] His excellency states that Lieutenant Waddell had replied, to the communication which it had been agreed to address him at their last meeting, that he could not name a day for proceeding to sea *until his ship is taken on the slip, when the amount of repairs which may be necessary could be ascertained and the time estimated in which they could be effected. He further states that the recent gales had prevented him from lightening the ship to the necessary draught preparatory to placing her on the slip, but that he hoped to do so on the following morning.

The opinion of the attorney-general on the application which has been made for permission to land certain surplus stores from the Shenandoah, is also laid before the council.

It is to the effect that the permission cannot be granted by the government of Victoria, consistently with a strict observance of the rules prescribed for the maintenance of neutrality; and his excellency informs the council that he has authorized a communication to the commander of the Shenandoah to that effect.

The further report of the hoard of survey on the Shenandoah, after viewing that vessel on the slip, is also submitted and considered.

His excellency then states to the council that, in consequence of a letter which he had received from the United States consul, dated the 10th instant, and inclosing a testimony on oath of one John Williams, he had deemed it his duty to refer it for the consideration of the law-officers of the Crown; as, presuming the statements therein contained to be correct, it would appear that the commander of the Shenandoah was taking advantage of the aid and comfort which had been afforded to him in this port, to increase the number of his crew by enlisting British subjects, in contravention of the foreign-enlistment act.

In consequence of this reference the law-officers of the Crown had directed the attendance of the man John Williams, and that he had, with other men, attended that morning at the Crown law-offices, and had made statements to the effect that a number of men, representing themselves to be Englishmen, had gone on board the Shenandoah since her arrival in this port with the intention of joining her, and were now concealed on board.

The law-officers being of opinion that there was sufficient evidence to take steps for prosecuting, had instructed the police to lay informations against these men for a misdemeanor, and to apply for a warrant for their apprehension.

On consultation with the council, it was not considered necessary by his excellency to take any further steps in the matter until the result of the police-office proceedings was known; but Mr. Francis is instructed again to inquire, by letter, when Lieutenant Waddell would be ready to proceed to sea.

A report from the detective police at Sandridge, of this day’s date, on matters relating to the Shenandoah, is laid upon the table of the council; and as, from information which had reached the government, some suspicion had been attached to the movements of a vessel called the Eli Whitney, now lying in the bay, the honorable the commissioner of trades and customs undertakes that her movements shall be carefully watched.

The honorable the attorney-general then submits to his excellency depositions taken on oath by eleven persons before the consul of the United States, in Melbourne, which depositions have been placed in his hands by the consul.

A true extract.

(Signed)

J. H. KAY, Clerk of the Council.

The opinion of the attorney-general of the colony, referred to in the foregoing minute, was as follows:^l

Section 44 of act No. 13 is not applicable, in my opinion, to this case. Even if the Shenandoah be regarded as a ship having a commission from a foreign state within the meaning of the section, the section does not authorize the master of such a ship to land goods without submitting to the rules of the customs, but imposes a penalty on him for not delivering an account, in writing, of the quality and quantity of goods, &c., on board. The account is not stated to have been delivered; and if it had been, the master is not empowered to land the goods, although the customs officers have the right to do so, subject to the regulations in force respecting Her Majesty’s ships.

I am not aware that there is anything in the customs act that would make the relaxation of the customs regulations now asked for absolutely illegal. But I am of opinion that the permission that is sought cannot be granted consistently with a strict observance of the rules prescribed for the maintenance of’ neutrality.

(Signed)

GEO. HIGINBOTHAM.

Crown Law-Offices, February 6, 1865.

The further report of the board of survey, also referred to in the foregoing minute, was as follows:²

Further report on the confederate steamship Shenandoah.

The Shenandoah having been hauled up on the patent-slip at Williamstown, we, the undersigned, proceeded to hold a survey on the damage sustained to the forward bearing of the outer length of the screw-shaft, and find as follows, viz:

1st. The lignum-vitæ staves, forming the bearing for the forward end of the outer length of the screw-shaft, are entirely displaced.

2d. [150] That the inner stern-post bracket, in which the staves of lignum-vitæ are fitted, forming *also the support for the foremost end of the screw-frame, is fractured on the starboard side to the extent of about 4 inches.

3d. That these repairs (necessary to render the steamship seaworthy) can be effected in or about five clear working-days from this date.

(Signed)	CHARLES B. PAYNE, Late Lieutenant, Royal Navy.
	ALEX. WILSON, Engineer-Surveyor.
	DOUGLAS ELDER, Superintendent, Marine Yard.

Williamstown, February 10, 1865.

On the same 13th of February a warrant was granted by a magistrate at Williamstown for the apprehension of a man known as James Davidson, or “Charley,” who was stated to be concealed on board the Shenandoah. The superintendent of police, who was charged with the execution of the warrant, went on board the ship, but was not permitted to search her, and was unable to apprehend the man of whom he was in quest. The superintendent reported as follows to the chief commissioner of police:¹

Superintendent Lyttleton to the chief commissioner of police, Melbourne.

Police Department, Superintendent’s Office,
Melbourne, February 14, 1865.

Sir: I have the honor to inform you that, acting on your instructions, I proceeded last evening to the confederate war-steamer Shenandoah, with a warrant for the arrest of a man known as Charley, stated to have illegally engaged himself on board of the vessel. I asked for Captain Waddell, but was informed that be was not on board. I then asked for the officer in charge, saw him, and obtained permission to go on board. I told the officer my business, and requested that he would allow me to see the men on board, in order that I might execute my warrant. He refused to allow me. He then showed me the ship’s articles, and asked me to point out the name of the man, which I was unable to do. I showed him my warrant, which he looked over, and returning it to me he said, “That is all right, but you shall not go over the ship.” He told me I had better return when the captain was on board; but as he could not say at what hour he would probably return, I told him that I would see the captain the following day.

This morning I went again to the Shenandoah, and, after stating my business, was allowed on board. I told Captain Waddell that I was informed he had persons on board who had joined his vessel here, and that informations having been sworn to that effect, I had a warrant with me. He said, “I pledge you my word of honor as an officer and a gentleman that I have not any one on board, nor have I engaged any one, nor will I while I am here.” I said I understood that the persons I wanted were wearing the uniform of the Confederate States, and were working on board. This he distinctly denied. He offered to show me the ship’s articles, but I declined, and told him that I had seen them last evening. I then asked him to allow me to go over the ship, and see if the men I wanted were on board. This he refused to do. I said I must try to execute my warrant, even if I had to use force. He said he would use force to resist me, and that if he was overcome, he would throw up his ship to the government here and go home and report the matter to his government. He said that he dare not allow me to search his ship; “it was more than his commission was worth; and that such a thing would not be attempted by the government to a ship of war of any other country.” He said, “It was only by courtesy that I was allowed on board,” and that he considered “a great slight had been put upon him by sending me to the ship with a warrant.” He said he thought that his “word should have been taken in preference to that of men who had probably deserted from the ship, and had been put-up to annoy him by the American consul.” He said that if I took one man I might come afterward and take fifteen or twenty, and that the American consul would perhaps lay an information against him as being a “buccaneer or pirate.” He said he thought that he had been “very badly treated here by the police refusing to assist him in arresting his deserters.” Before leaving I asked him again if he refused to allow me to look for the man for whom I had a warrant in my hand. He replied yes, that he did refuse, and that he would “fight his ship rather than allow it.” I then left.

I am, &c.,

(Signed)

THOMAS LYTTLETON, Superintendent.

This report was on the same 14th February laid by the governor before the executive council for consideration, as appears by the subjoined further extract from the minutes of the council:¹

Extract from the minutes of the council.—Minute 65/10 of the proceedings on the 14th February, 1865.

The council are specially summoned to consider a report from Police Superintendent Lyttleton, to whom had been intrusted the warrant mentioned in yesterday’s proceedings, for the arrest of a British subject known as-”Charley,” who was stated on oath to have illegally enlisted himself on board the confederate ship Shenandoah. The report is read to the council.

[151] *His excellency then draws the attention of his advisers to the gravity of the present state of affairs as respects the confederate steamship Shenandoah, and points out that as the ordinary course of the law has been frustrated by William Waddell refusing to allow the execution of a warrant issued upon a sworn information, it becomes necessary to consider what steps should now be taken to enforce the maintenance of neutrality.

After full consideration of the instructions issued by Her Majesty’s government for the observance of neutrality, and some discussion upon the question of the right of the government to enforce the execution of the warrant, the council advise his excellency to direct the honorable the commissioner of trade and customs to write to Lieutenant Waddell and request that officer to reconsider his expressed determination to resist by force the execution of the warrant; and further to inform him that, pending his reply, the permission which has been granted to him to repair and take in supplies has been suspended by the governor.

His excellency then issues a direction under his own hand that, upon the receipt of an instruction to that effect from the chief commissioner of police, none of Her Majesty’s subjects in this colony are to render any aid or assistance to or perform any work in respect to the so-called confederate steamship Shenandoah or in launching the same.

His excellency further directs that the chief commissioner of police be instructed to sued some police to Williamstown, to take care that the direction above mentioned is duly observed by Her Majesty’s subjects, and that the officer in charge of this force be strictly enjoined to prevent any collision between the police and the officers and men of the Shenandoah, and that no obstruction in any manner whatever is to be offered to their movements.

In pursuance of the advice of the council the following letter was on the same 14th February, 1865, addressed to the commander of the Shenandoah by the governor’s direction:²

Custom-House, Melbourne, February 14, 1865.

Sir: I am directed by his excellency the governor to state that it has been reported to the government that you have refused to allow the execution on board the Shenandoah of a warrant issued upon the sworn information, according to law, alleging that a British subject is on board that vessel who has entered the service of the Confederate States in violation of the British statute known as the foreign-enlistment act; that it is not consistent with the British law to accept any contrary declaration of facts, whatever respect be due to the person from which it proceeds, as sufficient to justify the non-execution of such warrant; and that, moreover, it is conceived that this government has a right to expect that those who are receiving in our port the aid and assistance which they claim as a belligerent under the Queen’s proclamation should not in any way oppose proceedings intended to enforce the maintenance of neutrality.

It will be apparent to you that the execution of the warrant is necessary, in order to enable the government to bring to justice those upon whose depositions the warrant was issued, if the statements in those depositions should prove false in fact.

In this view you are appealed to to reconsider your determination, and, pending further information from you, which you are requested to make with as little delay as possible, the permission granted to you to repair and take in supplies is suspended, and Her Majesty’s subjects have been duly warned accordingly.

I have, &c.,

(Signed)

JAS. G. FRANCIS.

J. J. Waddell, Esq.,

Lieutenant Commanding Confederate States Steamer Shenandoah.

To this letter the following reply was received:¹

Confederate States Steamer Shenandoah,
February 14, 1865.

Sir: I am in the receipt of your letter of this date, in which you inform me that you have been directed by his excellency the governor to state that it has been reported to the government that I have refused to allow the execution on board the Shenandoah of a warrant issued upon sworn information, according to law, alleging that a British subject is on board this vessel who has entered the service of the Confederate States in violation of the British statute known as the foreign-enlistment act, and that it is not consistent with the British law to accept any contrary relation of facts, whatever respect be due to the person from whom it proceeds, as sufficient to justify the non-execution of such warrant. I am then appealed to to reconsider my determination, and the letter concludes by informing me that, pending a further intimation from me, the permission granted to repair and take supplies is suspended.

[152] I have to inform his excellency the governor that the execution of the warrant was not refused, as no such person as the one therein specified was on board, but permission to search the ship was refused. According to all the laws of nations, the deck of a vessel of war is considered to represent the majesty of the country whose flag she flies, and she is free from all executions, except for crimes actually committed on shore, when a demand must be made for the delivery of such person, and the execution of the warrant performed by the police of the ship. Our shipping-articles have been shown to the superintendent of police. All strangers have been sent out of the ship, and two commissioned officers were ordered to search if any such have been left on board. They have reported to me that, *after making a thorough search, they can find no person on board except those who entered this port as part of the complement of men.

I therefore, as commander of the ship, representing my government in British waters, have to inform his excellency that there are no persons on board this ship except those whose names are on my shipping-articles, and that no one has been enlisted in the service of the Confederate States since my arrival in this port, nor have I in any way violated the neutrality of the port.

And I, in the name of the government of the Confederate States of America, hereby enter my solemn protest against any obstruction which may cause the detention of this ship in this port.

I have, &c.,

(Signed)

JAS. J. WADDELL,

Lieutenant Commanding, Confederate States Navy.

Hon. Jas. G. Francis,
Commissioner of Trade and Customs, Melbourne.

Late in the evening of the same day (14th February) four men, who had been on board the Shenandoah, were apprehended by the police under the circumstances stated in the subjoined report:

Superintendent Lyttleton to the chief commissioner of police, Melbourne.²

I have the honor to inform you that, acting on your instructions, I proceeded yesterday, at 4 p.m., to Williamstown, and took possession of the slip on which the confederate vessel Shenandoah is placed. I cleared the yard, and would not allow any workmen to go on board the ship. At about 10 o’clock p.m. four men left the Shenandoah in a boat, pulled by two watermen. They were followed by the water-police, who were unable to come up with them until they got to the railway-station. They were then requested to come back and see me. I questioned them, and they told me that they had been on board a few days unknown to the captain, and that as soon as he found they were on board he ordered them to go on shore. I have detained these men in custody, and have written to the American consul requesting him to forward some one who may be able to identify them. The tug-steamers came at 4 this morning to tow the Shenandoah off. I ordered them off, and requested Captain Ferguson not to supply the ship with a pilot. I am still in charge of the slip.

I have, &c.,

(Signed)

J. LYTTLETON.

The four persons so apprehended were on the 16th February taken before a magistrate and charged with having violated the foreign-enlistment act by enlisting, or attempting to enlist, in the confederate service. One was discharged, being an American; the three others—one of whom was identified as being the man known as James Davidson or Charley—were committed for trial.

On the 15th of February the lessee of the slip on which the Senandoah was being repaired wrote to the chief secretary of the colony stating that his manager had informed him that, should a gale of wind arise, he (the manager) would either be compelled to launch the ship or run a great risk of her sustaining serious damage in consequence of her unsafe position on the cradle.¹

This communication was laid before the executive council, and the governor, by the advice of the council, determined that the order by which the permission to repair had been suspended should be revoked, and the vessel allowed to complete her necessary repairs, her commander being at the same time told that he was expected to use every dispatch in getting to sea by the time previously fixed.²

A communication to this effect was accordingly made to Commander Waddell, who, in acknowledging it, reiterated his previous denials in the following terms:³

The four men alluded to in your communication are no part of this vessel’s complement of men; they were detected on hoard by the ship’s police after all strangers were reported out of the vessel, and they were ordered and seen out of the vessel by the ship’s police immediately on their discovery, which was after my letter had been dispatched informing his excellency the governor that there were no such persons on board. These men were here without my knowledge, and I have no doubt can be properly called stowaways, and such they would have remained but for the vigilance of the ship’s police, inasmuch as they were detected after the third search; but in no way can I be accused, in truth, of being cognizant of an evasion of the foreign-enlistment act.

The Shenandoah quitted Port Philip on the morning of the 18th February, 1865.

[153] On the 18th. February,⁴ after the ship had sailed, the consul of the United States sent to the governor a declaration on oath purporting to be made by a man named Forbes. *The declaration was to the effect that about 4 p.m. on the 17th February Forbes had seen on the pier at Sandridge five men, (most, if not all, of whom were stated by him to be British subjects,) and that one of these told him that they and others were going on board a bark called the Maria Ross, then lying in the bay, and were to join the Shenandoah when she was out at sea, and that boats from the Maria Ross were to come for them at five o’clock. The consul stated that Forbes had come to his (the consul’s) office with this intelligence at about 5 p.m., and had been taken by him immediately to the office of the Crown solicitor, with the view of laying an information, but that the Crown solicitor had refused to take the information, whereby an endeavor to prevent a violation of the neutrality of the port had been defeated. The consul inclosed also a statement by a Mr. Lord, who had accompanied him to the Crown solicitor. This statement, after giving an account of the interview, proceeded as follows:⁵

We left and went first to the office of the chief commissioner of police, and no finding either him or Mr. Lyttleton in, we drove to the houses of Parliament, and on sending your name to the attorney-general he at once came out and asked us into the side room; he patiently listened to nil you had to say, and then suggested that, if you would place the matter in the shape of an affidavit, he would lay it before his colleagues; that a verbal statement was not sufficient for the government to proceed upon. We then left and drove to the office of the detective police, and saw Mr. Nicholson, the chief, who heard the man’s statement in full, but, as he could not act without a warrant, advised us to go to the police magistrate, Mr. Sturt, and get a warrant; then he would at once act upon it. Leaving there, we went to the residence of Mr. Sturt, in Spencer street, who received you very politely, listened to what you had to say, examined the man, but stated that he could not take the responsibility of granting a warrant on the evidence of this man alone, and advised your going to Williamstown *to Mr. Call, who, perhaps, would be in possession of corroborative testimony through the water-police. We then left, it being about half past 7, and you, finding such a disinclination in any one to act in the matter, decided to take the deposition yourself and send it to the attorney-general, leaving it to the government to take such action on it as it might deem proper. Going to your consulate the deposition was taken, and a copy inclosed to the attorney-general, with a request for me to deliver it.

I took it to the houses of Parliament, which I found closed, and it being then late, about 9, I decided it was too late to stop the shipment of the men, as we understood the vessel was to leave at 5, and I went home and returned the letter to you on Saturday morning. Previous to going home, however, I again went to the detective office, saw Mr. Nicholson, told him how you had been prevented from getting the evidence before the government in the shape they required it. He expressed his regret, but could not act in so important a matter without a warrant.

The consul complained that the language and manner of the Crown solicitor, in refusing to take the information, had been insulting to him. The consul’s letter was answered as follows:¹

Mr. Warde to Mr. Blanchard.

February 21, 1865.

Sir: I am desired by his excellency the governor to acquaint you that he received your letter of the 18th instant in the afternoon of that day, Saturday, and that on Monday, the 20th, he caused it to be referred, through the honorable the attorney-general, to the Crown solicitor for any explanation he might wish to offer.

2. After stating that it was only in consequence of his accidentally returning to his office at half past 5 p.m. after it had been closed for the day, that the interview between you and himself occurred at all, Mr. Gurner states that he informed you that, not being a magistrate, he could not take an information, and adds that he was in a hurry to save a railway-train, and therefore left more suddenly than he otherwise should have done; but he positively asserts that neither in manner nor language did he insult you.

3. His excellency feels sure that the Crown solicitor’s tone and manner have been misapprehended, and confidently assures you that there was no intention on the part of that officer to fail in the respect due to your position as the consul of the United States of America.

I have, &c.,

(Signed)

N. L. WARDE, Private Secretary.

From circumstances which were discovered after the sailing of the Shenandoah, there was reason to believe that a number of men had gone secretly on board of that vessel during the night of the 17th February, and that they went to sea in her and became part of her crew.

The governor reported this fact to Her Majesty’s government, and at the same time sent to the governors of the other Australian colonies, and to the governor of New Zealand, letters in the following terms:²

[154] *Governor Sir C. Darling to governors of Australian colonies and New Zealand.

Goverment House, Melbourne, February 27, 1865.

Sir: I consider it my duty to place your excellency in possession of the accompanying correspondence and other documents connected with the proceedings of the commander of the Confederate States vessel Shenandoah, while lying in Hobson’s Bay, for the purpose of having necessary repairs effected and taking in supplies, under permission granted by me in accordance with the conditions prescribed by Her Majesty’s proclamation and instructions for the observance of neutrality.

2. I have also the honor to forward copies of letters from the chief commissioner of police in Victoria, accompanied by reports and statements which leave no doubt that the neutrality has been flagrantly violated by the commander of the Shenandoah, who, after having assured me of his intention to respect it, and pleaded the privilege of a belligerent ship of war to prevent the execution of warrants under the foreign-enlistment act, nevertheless received on board his vessel, before he left the port on the 18th instant, a considerable number of men destined to augment the ship’s company.

3. I have thought it right to communicate to your excellency this information, in the event of Lieutenant Waddell or any of his officers hereafter claiming the privileges of a belligerent in any port of the colony under your government.

I have, &c.,

(Signed)

C. H. DARLING.

The three persons who had been committed for trial on the charge of having taken service or agreed to enlist on board the Shenandoah were brought to trial on the 17th March, 1865, at the criminal sessions of the supreme court of the colony of Victoria. One was found guilty by the jury, and another pleaded guilty, and these two were sentenced to ten days’ imprisonment.¹

The judge, in pronouncing sentence, took notice that the men had already been imprisoned for more than a month, and that persons in their condition of life might not and probably did not know the important results which might follow from such an unlawful act as they had committed. It was right and necessary, however, that the law should be vindicated. The third of the accused persons (a boy of about fifteen years of age) was discharged in consideration of his youth, on the application of the attorney-general.

It may be here mentioned that in March, 1861, six men had been brought to trial at Cork on a charge of having agreed to enlist on board the United States war-steamer Kearsarge. They pleaded guilty, and were discharged without punishment, on the ground that they were probably unacquainted with the law, and ignorant of the criminality of the act which they had committed. It was stated, and is believed by Her Majesty’s government to be true, that they had come on board without the sanction or knowledge of the captain of the Kearsarge, who ordered them to be put ashore when he subsequently touched at Queenstown.

The governor of Victoria, in reporting to Her Majesty’s government the circumstances which had occurred during the time that the Shenandoah remained within the waters of that colony, requested that he might be furnished with specific instructions as to the right of the colonial government to execute a warrant under the foreign-enlistment act on board a belligerent ship of war, whether belonging to a state with which Her Majesty had diplomatic relations, or to a community situate as the Confederate States were; and, if the right should be considered to exist, he requested to be informed to what extent the government would be justified in proceeding for the purpose of enforcing the execution of such a warrant. The governor’s inquiry was referred to the law-officers of the Crown in England, and they advised as follows:²

The law-officers of the Crown to Earl Russell.

Lincoln’s Inn, April 21, 1865.

My Lord: We are honored with your lordship’s commands signified in Mr. Murray’s letter of the 18th instant, stating that he was directed by your lordship to transmit to us a letter from the colonial office, inclosing copies of dispatches from Governor Sir C. Darling, together with their several inclosures, relative to the visit to the port of Melbourne of the Confederate States steamer Shenandoah, and the alleged enlistment of British subjects there to serve on board that vessel; and to request that we would take these papers into our consideration, and favor your lordship with any observations we might have to offer thereupon, and more particularly as to whether they seem to require any action on the part of Her Majesty’s government.

In obedience to your lordship’s commands we have taken these papers into Our consideration, and have the honor to report.

[155] That it appears to ns that, in the circumstances stated, his excellency the governor acted with *propriety and discretion; and there does not appear to us at present to be a necessity for any action on the part of Her Majesty’s government.

With respect to his excellency’s request, that he may receive instructions as to the propriety of executing any warrant under the foreign-enlistment act on hoard a confederate (public) ship of war, we are of opinion that, in a case of strong suspicion, he ought to request the permission of the commander of the ship to execute the warrant; and that, if this request be refused, he ought not to attempt to enforce the execution; but that, in this case, the commander should be desired to leave the port as speedily as possible, and should be informed that he will not be re-admitted into it.

We have, &c.,

(Signed)	ROUNDELL PALMER.
	R. P. COLLIER.
	ROBERT PHILLIMORE.

While the Shenandoah was in Hobson’s Bay the following report on her construction, equipment, and warlike force was made to the governor by a competent officer who had served as a lieutenant in Her Majesty’s navy:¹

Captain Payne to Colonel Henderson.

Melbourne, February 10, 1865.

Sir: With reference to your memorandum, marked confidential, directing me to report upon the armament, speed, and other qualities of the confederate war-steamer Shenandoah, I have the honor to inform you that I have taken every opportunity that presented itself for obtaining the information you desire, and beg now to report—

1st. That the armament (as far as I can see) consists of the following ordnance, viz: Two Whitworth rifle-guns of thirty-three hundred-weight each. Four 8-inch smoothbore guns, fifty-five hundred-weight each. Two 12-pounder smooth-bore guns, about fifteen hundred-weight each.

I have been unable to ascertain what amount of ammunition she has on board for these guns, nor have I been able to determine where her magazines are placed. I do not think they are abaft her engine-room; for her after-hold has been cleared, and there is no appearance of any magazine there. I observe that there were no small-arms, stands for small-arms, cutlasses, or pistols, about any part of her decks; and, as far as I could see, there appears to be a general unreadiness for action about her quarters. Shot-racks were not fitted, nor did I see any place I call the shell-room aloft; everything indicated that she was nothing more than an ordinary merchant-ship.

I have used every exertion (but without success) to ascertain whether she has any larger guns stowed away below. I do not think she has, as her scantling would hardly allow her to carry more than I have already seen. There appears to be a mystery about her forehold, for the foreman of the patent-slip, when asked to go down to that spot to measure her for the cradle, was informed he could not get to the skin at that place. The hatches were always kept on, and the foreman states that he was informed they had all their “stuff” there.

As to her speed, I have been informed by competent judges that, taking her boiler power into consideration, she would not exceed an average of ten knots an hour under steam alone; while under sail she has every appearance of being very last. There is nothing to protect her machines from shot and shell; in fact, her boilers and the principal parts of her machinery are above the water-line. Her bunkers certainly are between the machinery and the ship’s side, but from their small dimensions, they would offer but small resistance to shot. The most vulnerable part, viz, the boilers, is left quite unprotected. She can carry a great quantity of coals, but in her bunkers she can only stow about 50 tons. Her daily consumption under full steam averages about 24 tons. She is fitted with a smoke-consuming apparatus, which appears to answer well, for I remarked when she first came up the bay but little smoke was emitted from her funnel. In her other qualities, I think she corresponds with the description given in Lloyd’s Register of another vessel which has a similar number and the same tonnage marked on her main beam, viz, No. 4854 and 790 tons. She is built on the composite plan, having iron frames with wood planking, and appears to have been strongly built, but not more so than is usual for ships classed on the first letter for thirteen years.

The state of the vessel on deck, aloft, and in the engine-room, I think both slovenly and dirty, and does not reflect any credit upon her officers.

There appeared to me to be about 40 to 50 men on board, slouchy, dirty, and undisciplined. I noticed also a great number of officers, and could not help remarking that the number appeared out of all proportion to the few men I saw on board. Without disparaging the confederate war-steamer Shenandoah, I am altogether of opinion that there is nothing in her build, armament, (with the exception of the Whitworth guns,) and equipment that should call for more special notice than that she is an ordinary merchant-vessel, armed with a few guns.

I have, &c.,

(Signed)

CHARLES B. PAYNE.

[156] The consul of the United States at Melbourne had, on the Shenandoah’s first arrival in the port, sent to Mr. Adams, in a letter dated 26th January, 1865, the following *description of her, communicated to him (the consul) by persons who had been on board of her as prisoners:¹

She has, the appearance of an ordinary merchant-ship, with a long full poop, a large bright wheel-house, oval skylights on the poop. She has one telescope funnel. The mizzen topmast and top-gallant staysail, both hoist from the mainmast head. She is wire-rigged.

The officers declare it would not be safe to fire a broadside. It is the general impression that she is not a formidable vessel. She is leaky, and requires two hours’ pumping out. The crew consists of seventy-nine, all told.

Her armament was stated by these persons to consist of “two unrined 8-inch-shot guns, two rifled 4-inch guns, and two ordinary 12-pounders, the original ship’s guns.”

By several persons who had been on board of her as prisoners or among her crew, it was sworn that only the two ordinary 12-pounder guns were used daring her cruise in making prizes. By this was meant (as appears from the depositions themselves) that these guns were used in firing blank shots, to compel merchant-vessels to heave to. They do not appear to have been used in any other manner.

With respect to her crew it was sworn by one of the prisoners that he had heard her captain say that he and his officers took charge of her at the Madeira Islands, and sailed thence with a crew of seventeen men. Another deponent (one Silvester, a seaman who had joined her from the Laurel and left her at Melbourne) stated on oath that, when she was left by the Laurel, her whole crew, including officers, numbered twenty-three persons. When she arrived at the port of Melbourne she had captured nine or more United States merchant-ships, and her crew was largely increased by the addition of men who had joined her from those ships. Several men who had so joined her, and who left her at Melbourne, affirmed that they had been forced to take service in her against their will by threats and ill-usage.

On the 20th June, 1865, Earl Russell received the following letter from Mr. Mason, who had been residing in England during the war as an agent of the government of the Confederate States, though not officially recognized as such by Her Majesty’s government:

Mr. Mason to Earl Russell.²

28 Grove Street,
Leamington, June 20, 1865.

My Lord: It being considered important and right, in the present condition of the Confederate States of America, to arrest further hostile proceedings at sea in the war against the United States, those having authority to do so in Europe desire as speedy as practicable to communicate with the Shenandoah, the only remaining confederate ship in commission, in order to terminate her cruise.

Having no means of doing this in the distant seas where that ship is presumed now to be, I venture to inquire of your lordship whether it will be agreeable to the government of Her Majesty to allow this to be done through the British consuls at ports where the ship may he expected.

I have the honor to inclose herewith a copy of the order it is proposed to transmit, and will be obliged if your lordship will cause me to be informed whether, upon sending such orders unsealed to the foreign office, they can be sent through the proper channels to the consuls or other representatives of Her Majesty at the points indicated, to be by them transmitted, when opportunity admits, to the officer in command of the Shenandoah. These points are Nagasaki in Japan, Shanghai, and the Sandwich Islands.

I trust that your lordship will, from the exigency of the occasion, pardon the liberty I have ventured to take, and will oblige me by having the inclosed copy returned to me.

I have, &c.,

(Signed)

J. M. MASON.

Inclosed in this letter was a paper signed “James D. Bullock,” giving an account of the downfall of the confederate government and the cessation of the civil war, and purporting to direct the commander of the Shenandoah “to desist from any further destruction of United States property upon the high seas, and from all offensive operations against the citizens of that country.”

Mr. Mason was told, in reply, that Earl Russell “has no objection to sending this letter to the places mentioned, and also to Her Majesty’s colonial and naval authorities, it being always distinctly understood that the Shenandoah will be dealt with in the courts, if claimed, according to law.

Copies of the letter were sent accordingly to the commander-in-chief of Her Majesty’s ships on the China and Pacific stations, and to Her Majesty’s officers commanding on other naval stations, except the Mediterranean.

[157] *Reports having subsequently reached Her Majesty’s government from Washington, that the Shenandoah continued to capture and destroy United States vessels after her commander had received information that the war was at an end, it was ordered that instructions should be sent to commanders of Her Majesty’s ships of war and to governors of colonies that she should be seized, if found upon the high seas equipped for war; and if in a colonial port, should be forcibly detained. It was further ordered that, if so seized or detained, being equipped as a vessel of war, she should be delivered to the nearest authority of the United States, in a port or harbor of that country, or to an officer commanding a United States vessel of war on the high seas.¹

It was afterwards positively affirmed by the commander of the Shenandoah that, although up to the 28th of June, 1865, he had continued to cruise and to make prizes, being then in the Arctic Sea and without news of what had occurred in America, he had, on receiving intelligence of the downfall of the government by which he was commissioned, “desisted instantly from further acts of war,” and shaped his course for the Atlantic Ocean.

On the 6th November, 1865, the Shenandoah arrived at Liverpool.² She was immediately placed under detention by the officers of customs; and a party of men from Her Majesty’s ship Donegal was put on board of her, to prevent her leaving the port. The gun-boat Goshawk was also lashed alongside of herewith orders that she should not be allowed to hoist anchor, nor to light her fires, nor hoist out any property that might be considered as belonging to the Government of the United States. On the inspector-general of customs going aboard of the ship, her commander stated that she had come into port with the intention of delivering her up to Her Majesty’s government; and he, on the same day, wrote and sent to Her Majesty’s secretary of state for foreign affairs a letter which concluded as follows:¹

As to the ship’s disposal, I do not consider that I have any right to destroy her, or any further right to command her. On the contrary, I think that as all the property of government has reverted, by the fortune of war, to the Government of the United States of America, that therefore this vessel, inasmuch as it was the property of the Confederate States, should accompany the other property already reverted. I therefore sought this port as a suitable one wherein to “learn the news,” and, if I am without a government, to surrender the ship with her battery, small-arms, machinery, stores, tackle, and apparel complete to Her Majesty’s government for such disposition as in its wisdom should be deemed proper.

Captain Waddell, in this letter, stated that the Shenandoah had been a ship of war under his command belonging to the Confederate States, and that he had commissioned her in October, 1864, under orders from the naval department of the Confederate States, and had cruised in her in pursuance of his orders.

Mr. Adams, on being informed of the arrival of the Shenandoah at Liverpool, wrote as follows to the Earl of Clarendon, then Her Majesty’s secretary of state for foreign affairs:²

Mr. Adams to Earl of Clarendon.

Legation of the United States,
London, November 7, 1865.

My Lord: I have the honor to submit to your consideration the copy of a letter received by me from the vice-consul of the United States at Liverpool, touching the arrival yesterday of the vessel known as the Shenandoah at that port.

Although necessarily without special instructions respecting this case, I do not hesitate to assume the responsibility of respectfully requesting Her Majesty’s government to take possession of the said vessel with a view to deliver it into the hands of my Government, in order that it may be properly secured against any renewal of the audacious and lawless proceedings which have hitherto distinguished its career.

I perceive by the terms of the vice-consul’s letter that some of the chronometers saved from the vessels which have fallen a prey to this corsair are stated to be now on board. I pray your lordship that proper measures may be taken to secure them in such manner that they may be returned on claim of the owners to whom they justly belong.

[158] Inasmuch as the ravages of this vessel appear to have been continued long after she ceased to have a belligerent character, even in the eyes of Her Majesty’s government, it may become a question in what light the persons on board and engaged in them are to be viewed before the law. The fact that several of them are British subjects is quite certain. While I do not feel myself prepared at this moment, under imperfect information, to suggest the adoption of any course in regard to them, I trust I may venture to hope that Her Majesty’s government will be induced, voluntarily, to adopt that which *may most satisfy my countrymen, who have been such severe sufferers, of its disposition to do everything in its power to mark its high sense of the flagrant nature of their offenses.

I pray, &c.,

(Signed)

CHARLES FRANCIS ADAMS.

This letter, with other communications relating to the Shenandoah and her officers and crew, having been referred to the law-officers of the Crown, they, on the same day, (7th November, 1865,) advised as follows:³

In obedience to your lordship’s commands, we have taken these papers into our consideration, and have the honor to report—

That we think it will be proper for Her Majesty’s government, in compliance with Mr. Adams’s request, to deliver up to him, on behalf of the Government of the United States, the ship in question, with her tackle, apparel, &c., and all captured chronometers or other property capable of being identified as prize of war, which may be found on board her.

With respect to the officers and crew, we observe that Mr. Adams does not demand their surrender to the United States Government, and that the only question suggested by him is, whether they or any of them ought to be proceeded against, under the direction of Her Majesty’s government, for some offense or offenses cognizable by British law. The only offense at which he distinctly points is that of violating the foreign-enlistment act, by taking part in hostilities on board of this ship; and, as to this, we think it would be proper, if some of these men are, as he says, British subjects, (by which we understand him to mean natural-born British subjects, for none others are within those provisions of the act which relate to enlistment or acts of war out of this country,) and if evidence can be obtained of that fact, to direct proceedings to be taken against those persons, under the second section of the foreign-enlistment act, 59 Geo. III, cap. 59, before they have become dispersed, so as to escape from justice. If the facts stated by Captain Waddell are true, there is clearly no case for any prosecution, en the ground of piracy, in the courts of this country; and we presume that Her Majesty’s government are not in possession of any evidence which could be produced before any court or magistrate for the purpose of contravening the statement or of showing that the crime of piracy has, in fact, been committed.

We conceive that the substance of the foregoing observations may properly be embodied in the reply to be given to Mr. Adams, and we think it may not be amiss to add that, of course, Mr. Adams and his Government must be well aware that any proceeding in this country against persons in the situation of the crew of the Shenandoah (as against all others) must be founded upon some definite charge, of an offense cognizable by our laws and supported by proper legal evidence; and that Her Majesty’s government are not at present in a position to say whether such a charge supported by such evidence, can or cannot be brought against any of the persons in question.

With respect to any of the persons on board the Shenandoah who cannot be immediately proceeded against and detained, under legal warrant, upon any criminal charge, we are not aware of any ground on which they can properly be prevented from going on shore and disposing of themselves as they may think fit; and we cannot advise Her Majesty’s government to assume or exercise the power of keeping them under any kind of restraint.

We have, &c.,

(Signed)	ROUNDELL PALMER.
	R. P. COLLIER.
	ROBERT PHILLIMORE.

On a subsequent reference, upon the following day, they again stated their opinion as follows:¹

With respect to the question whether the officers and crew of the Shenandoah may now be permitted to leave the ship, and to go on shore, we have only to repeat the opinion expressed in our report of yesterday’s date, namely, that these persons being now in this country, and entitled to the benefit of our laws, cannot be detained except under legal warrant upon some criminal charge duly preferred against them in the ordinary course of law. If Her Majesty’s government are now in possession, or consider it probable that, if an information were laid before, a magistrate, they would shortly be in possession of evidence against any of these persons sufficient to justify their committal for trial, either upon any charge of misdemeanor under the foreign-enlistment act or upon the graver charge of piracy, we think it would be right and proper to take the necessary proceedings without delay, in order to have such charge duly investigated; but, at the present time, we are not informed of any such evidence in the possession or power of Her Majesty’s government by which such a charge would be likely to be established.

We have, &c.,

(Signed)	ROUNDELL PALMER.
	R. P. COLLIER.
	ROBERT PHILLIMORE.

[159] Instructions were thereupon sent to Captain Paynter, commanding Her Majesty’s *ship Donegal, who was in charge of the Shenandoah, that those of her offers and men who were not ascertained to be British subjects, either by their own admission or by the evidence of persons who knew them, should be allowed to quit the vessel with their personal effects. As to those who should be ascertained to be British subjects, inquiry was to be made whether evidence on oath could be obtained against them. Those against whom evidence could be obtained were to be detained and taken before a magistrate, the rest discharged.²

Captain Paynter reported, on the 8th November, that on receiving these instructions he had gone on board the Shenandoah, and had ascertained that the crew were all shipped on the high seas. “I mustered the crew, and was fully satisfied that they were foreigners, and that there were none known to be British-born subjects on board; they were therefore all landed with their effects.”¹

Captain Paynter subsequently stated that his conclusion was formed partly on the assurances given him on board by the late commander and officers of the ship, and partly by the answers returned by the men when mustered and questioned, one by one, on their general appearance, and on the absence of any evidence against them. He added that any men who were British subjects, and had formed part of her original crew, might have found means to make their escape while she was in the Mersey:²

On this subject the following report was made by the lieutenant commanding the Goshawk:³

Lieuten ant Cheek to Captain Paynter.

Goshawk, Rock Ferry, January 26, 1866.

Sir: In compliance with your order calling on me to report the proceedings onboard the Shenandoah during her detention at this port by the British authorities, I have the honor to inform, you that agreeably to instructions, dated 6th November, 1865. I proceeded in Her Majesty’s gun-boat Goshawk, under my command, and lashed her alongside the vessel.

In the evening Captain Waddell informed me that the vessel having been taken charge of by the custom-house authorities, he considered himself, the officers, and crew relieved from all further charge and responsibility of the ship, and that his authority over the crew would also end.

The following day (November 7) the crew requested that I would allow them to land, none of them having been on shore for more than nine months. I told them that under the circumstances it was not in my power to grant it, and persuaded them to remain quiet for a day or two, till orders could be received from London.

They then demanded to see my authority for detaining them. I explained that I acted under orders from you. They replied that you could have no charge of them without instructions from Earl Russell, the foreign office, or the American minister, as they were American subjects.

This evening, as on the previous one, I succeeded in pacifying the crew by reasoning with them.

On the following morning (8th November) the crew were getting riotous, and determined to remain on board no longer. Eight or ten had already deserted. I therefore in a letter to you explained the excited state the crew were in, and that I had heard from one or two of their officers their determination to leave the vessel that evening at all risks. I should, therefore, be compelled to let them escape, or else detain them by force.

The answer I received from you was, that I was to act up to your orders, and the crew were to remain on board, but that you hoped soon to have instructions from London.

I would call your attention to the excited state of the crew by their conduct in attempting to desert, many of them jumping on board the steamer and trying to conceal themselves when you came to muster and examine them, on which occasion I accompanied you into the cabin and heard you question Captain Waddell as to whether he believed any of his crew to be British subjects; he replied in the negative, and stated that he had shipped them all at sea.

On your questioning the officers they also made the same statement.

The first lieutenant mustered the crew from a book of his own, the only list found on board, and you stopped, and questioned the men as they passed before you.

Each one stated that he belonged to one or other of the States of America.

The personal baggage of the officers and crew was examined by the custom-house officers to prevent any American property being taken on shore.

On the evening of the 9th November you again came on board the Shenandoah, and met the American consul in the cabin of a tug he had hired to bring him alongside: he then promised to send an officer to take charge of her, as a captured confederate cruiser, on behalf of the American Government.

On the 10th November, Captain Freeman came on board and took charge, under orders from the American consul, and, in compliance with your memorandum, I handed the vessel and stores over to him.

On my leaving the Shenandoah, Captain Freeman hoisted the American ensign and pennant, and proclaimed her a man-of-war.

[160] During the time I was on board I received no information, nor could I obtain any evidence, that *any of the crew were British subjects; had I done so I should have arrested them, and immediately communicated with you for further instructions.

I have, &c.,

(Signed)

ALF. CHEEK.

In order to justify the detention of any of the crew it was, by law, necessary to prove by evidence that the persons detained were natural-born British subjects. To allege that they were probably such would not have been sufficient, nor could they have been called upon to prove that they were not such. No evidence tending to prove the British nationality of any of the Shenandoah’s crew was furnished or offered to, or was in the possession of, Her Majesty’s government or its officers before or at the time when the crew landed and dispersed. A deposition made by one Temple or Jones, a native of Madras, who stated that he had himself enlisted in the ship, and served in her throughout her cruise, was, on the 28th December—about seven weeks after the dispersion of the crew—sent to the Earl of Clarendon by Mr. Adams. It was clearly shown, however, that Temple was a person unworthy of credit, and some of the statements in his deposition were ascertained to be gross falsehoods. The crew of the Shenandoah, if Temple’s evidence were to be believed, included Americans, Prussians, Spaniards, Portuguese, Danes, Malays, and Sandwich Islanders. About fifty men were stated by him to have joined her from United States ships.

On the 10th November, 1865, the Shenandoah was delivered to, and accepted by, the consul of the United States, and she soon afterward sailed for New York.

summary.

The Shenandoah was a steamship built, not for war, but for commercial purposes, and constructed with a view to employment in the China trade. She had been employed by her original owners in a trading voyage to New Zealand and China, and was, when she sailed from the port of London in October, 1864, registered in the name of a Liverpool merchant as sole owner.

She was not, within the jurisdiction of Her Britannic Majesty’s government, fitted out, armed, or equipped for war, in any manner or degree, nor in any manner or degree specially adapted for warlike use. She appeared to be, and was in fact, by her construction, fittings, and in all other respects, at the time when she departed from the waters of the United Kingdom, an ordinary merchant-steamer, and not a ship of war. She had on board, at the time when she was owned and used as a trading-vessel, two 12-pounder carronades such as are usually carried by vessels of her class for making signals; and these guns passed with the rest of the ship’s furniture, when she was sold by her original owners, and remained on board when she sailed in October, 1864. They were guns suitable for use in a merchant-vessel, and not for use in a ship, of war. She cleared and sailed from the port of London as for an ordinary trading voyage, under her original name of the Sea King, by which she was known as a trading-vessel. In her stores, and in the coals which she carried as cargo, as well as in, her build and equipment, there was, as Her Majesty’s government believes, nothing that was calculated to excite, or did excite, in the minds of persons on board of her, any suspicion that she was intended for a different purpose.

Her crew, was composed of men who had shipped on board of her in the ordinary way, in the port of London, for a trading voyage. They were hired and signed articles for a voyage from London to Bombay, (calling at any ports or places on the passage,) and any other ports or places in India, China, or Japan, or the Pacific, Atlantic, or Indian Oceans, trading to and from, as legal freights might offer, until the return of the ship to a final port of discharge in the United Kingdom or continent of Europe; the voyage not to exceed two years.

Before or at the time of her arrival at the Madeira islands, she was sold by her owner to the government of the Confederate States. Either on the high seas or in Portuguese waters she was transferred to an officer commissioned by the government of the Confederate States, who then took possession and controls of her; and the master, officers, and crew who had come out in her from England (three or four men only excepted) left her at that time, and returned to England. The three or four men who remained on board the ship were one of the engineers, a common sailor, and one or two firemen. They are stated to have enlisted when under the influence of liquor.

[161] *The commander who had taken possession of the ship, and his officers, (who, like him, were Americans,) employed the strongest inducements in order to persuade the ship’s crew to enlist, by the offer of large bounties, by the promise of high wages and prize-money, by exhibiting money to them, and by lavish supplies of liquor. These inducements, however, were used in vain, except in the case of the three or four men above mentioned.

The ship was also joined by a few men who had come in the steamer Laurel. At the time when she commenced cruising, her whole crew, exclusive of officers, was from seventeen to nineteen men. The number of men who would commonly be shipped to work a vessel of her size as a merchant-ship would be from forty to fifty, which was the number that actually went out in her. As a ship of war she would require a larger number than that. It appears that before she arrived at the port of Melbourne, her crew had been increased to a complement of from seventy to eighty men, exclusive of officers, (who were about twenty,) by the addition of men who joined her from captured American vessels.

The commander and officers of the Shenandoah (excepting, as some deponents stated, one of the lieutenants, who had taken a passage in her from London as an ordinary passenger, concealing his purpose and official character) came on board of her, for the first time, after she had arrived near to a detached group of islands belonging to the Madeiras, and called the Desertas. They came out as passengers in the Laurel steamer, which cleared on the 8th October, from Liverpool for a voyage to Matamoras via Havana and Nassau. They took the control of the ship, and, by their orders, her guns (other than the two small 12 pounders above mentioned) and all her ammunition were put on board of her from the Laurel. These acts were done either within Portuguese waters or on the high seas. The vessel afterward hoisted the confederate flag and commenced cruising. Her commander was a lieutenant-commander in the naval service of the Confederate States, appointed by the naval department of that government to command the Shenandoah.

Of the vessels captured by the Shenandoah a considerable number were captured before she arrived at a British colony.

The earliest intelligence respecting the Shenandoah which reached Her Majesty’s government was received from Her Britannic Majesty’s consul at Teneriffe. Up to that time (that is, until the 12th November, 1864, five weeks after she left London) no representation respecting her had been made by Mr. Adams, and no information about her had been conveyed to or come into the possession of Her Majesty’s government.

Immediately on the receipt of the British consul’s report, and before any representation had been made or information furnished by the minister of the United States, Her Majesty’s government took the opinion of its legal advisers on the question whether legal proceedings could be instituted against Corbett, the master of the ship, for his share in the transaction, and the master was, in fact, indicted and brought to trial, but was acquitted by the jury, the evidence as to his acts being doubtful and conflicting.

The commander of the Shenandoah on arriving in the port of Melbourne addressed to the governor an application in writing, stating that she was a steamer belonging to the Confederate States, and asking for permission to make necessary repairs and obtain necessary supplies of coal. Permission was granted to him to remain in the waters of the colony a sufficient time for receiving the provisions and things necessary for the subsistence of the ship’s crew, and for effecting needful repairs. The commissioner of trade and customs for the colony was at the same time instructed to take every precaution in his power against the possibility that her commander might attempt to augment her armament in any degree, or to render the armament which she possessed more effective. The officers of the government were directed to attend to this, and to furnish daily reports of the progress made with the repairs and provisioning of the ship. Competent persons were appointed to ascertain whether repairs were really necessary and to report to the governor on the subject, and these persons reported that she was not in a fit state to go to sea, and that repairs were necessary, for which the vessel would have to be placed on a slip. The slip, though the property of the colonial government, was not under its control, but under that of a private person to whom it had been leased by the government.

Permission to land from the vessel stores which she did not require for use was asked, but refused by the governor, on the advice of his law-officers.

The commander of the ship was required to fix the earliest day on which she would be ready to sail, and to take his departure on the day so fixed; and she departed accordingly.

[162] Three persons discovered to have gone on board the ship for the purpose of joining her crew were prosecuted and brought to trial. Two were punished; the third released without punishment by reason of his youth. A fourth was discharged, being found to *be an American. These were the only persons who could be ascertained, before she left Melbourne, to have joined or attempted to join her; and her commander gave his word in writing, as commander of the ship, that there were no persons on board of her except those whose names were on his shipping-articles; that no one had been enlisted in the service of the Confederate States since his arrival, and that he had in no way violated the neutrality of the port.

It was not the duty of the colonial government to seize or forcibly search the Shenandoah while in the waters of the colony, nor could it have done so without transgressing the rules of neutrality and the settled practice of nations.

No personal communication took place between the governor and the commander of the ship while she remained in the waters of the colony.

The discovery having afterwards been made that, notwithstanding the vigilance exercised by the officers of the colonial government, persons had been secrectly put on board the ship during the night preceding her departure, notice of this was sent by the governor to the governors of the other Australian colonies and of New Zealand.

Her Britannic Majesty having subsequently received reports, which appeared to be worthy of credit, to the effect that the Shenandoah was continuing to capture and destroy merchant-vessels after her commander had been informed of the cessation of the civil war, gave directions that she should be seized in any port of Her Majesty’s colonial possessions, or on the high seas, and should be delivered over to officers of the United States. But the truth, of these reports was positively denied by her commander on his arrival at Liverpool, and Her Majesty’s Government has no reason to believe that the denial was untrue.

On arriving at Liverpool the vessel was secured by the officers of the government, and was handed over to the Government of the United States, on the express request of Mr. Adams.

The crew were detained on board for some days by the officers of the government. No evidence being within that time given, offered, or discovered against any of them, they were at the end of it suffered to land and disperse. More than six months had at this time elapsed since the end of the civil war.

The Shenandoah was at sea during more than twelve months, from the time at which her cruise began. She was never, so far as Her Majesty’s government is aware, encountered or chased by a United States ship of war, and no endeavor to intercept or capture her appears to have been made by the Government of the United States.

Her Britannic Majesty’s government denies that, in respect of the Shenandoah, there was on its part any failure of international duty for which reparation is due from Great Britain to the United States.

1. Appendix, vol. i, p. 477.
1. Appendix, vol. i, p. 478.
1. Appendix, vol. 1, p. 481.
2. Ibid, p. 482.
1. Appendix, vol. 1, p. 484.
2. Ibid., p. 486.
1. Appendix, vol. i, p. 488.
2. Ibid., p. 487.
3. Ibid., p. 490.
1. Appendix, vol. i, p. 497.
1. Appendix, vol. i, p. 501.
1. Appendix, vol. i, p. 500.
2. Appendix, vol. i, p. 511.
1. Appendix, vol. i, p. 592.
2. Ibid., p. 593.
1. Appendix, vol. i, p. 514.
1. Appendix, vol. i, p. 516.
1. Appendix, vol. i, p. 518.
2. Ibid., p. 529.
3. Ibid., p. 606.
4. Ibid., p. 520.
5. Appendix, vol. i, p. 521.
2. Ibid., p. 522.
1. Appendix, vol. i, p. 524.
1. Appendix, vol. i, p. 524.
2. Ibid., p. 643.
1. Appendix, vol. i, p. 644.
2. Ibid., p. 527.
1. Appendix, vol. i, p. 528.
2. Ibid., p. 526.
3. Ibid., p. 646.
4. Ibid., p. 616.
5. Ibid., p. 618.
1. Appendix, vol. i, p. 618.
2. Ibid., p. 565.
1. Appendix, vol. i, p. 577.
2. Ibid., p. 558.
1. Appendix, vol. i, p. 557.
1. Appendix, vol. i, p. 589.
2. Ibid., vol. i, p. 653.
1. Appendix, vol. i, p. 657.
2. Ibid., p. 662.
1. Appendix, vol. i, p. 667.
2. Ibid., p. 669.
3. Ibid., p. 670.
1. Appendix, vol. i, p. 673.
2. Appendix, vol. i, p. 676.
1. Appendix, vol. i, p. 678.
2. Ibid. p. 682.
3. Ibid., p. 712.