On the 20th September, in the year 1864, she was sold in London to Richard Wright, of Liverpool, a British subject, and the father-in-law of Mr. Prioleau, of South Carolina, the managing partner in the house of Fraser, Trenholm & Co., and the transfer was registered the same day. 1 *The United States assert that the notorious connection of the [417] firm of Fraser, Trenholm & Co. with the insurgents, and their repeated violations of the sovereignty of Great Britain in purchasing, constructing, equipping, arming, and contracting for vessels of war to be used in carrying on hostilities against the United States, ought by that time to have made them objects of suspicion to every British official, connected with the construction of the transfer of steamers capable of being adapted to warlike use. The acquisition, by a near connection of a member of their firm, of a fast-going steamer, capable of being so converted, and the proposition to send her to sea in ballast, with nothing on board but two mounted guns and a supply of provisions and coal, ought of itself to have attracted the attention of the British officials. The omission to take notice of the fact is a proof of want of the due diligence required by the Treaty. Under the circumstances, it would have been the exercise of but the most ordinary diligence to supervise the transfers of this class of vessels in the Government records, and to follow up so palpable a clew as was given in the case of the Sea King. On the 7th of October, Wright gave a power of attorney to one Corbett to "sell her at any time within six months for a sum not less than £45,000 *sterling." Corbett was an Englishman who had [418] commanded the Douglas, afterward known as the Margaret and Jessie, one of the kaleidoscopic blockade-runners owned by the insurgents and carrying the British flag. 66 The next day the Sea King cleared for Bombay, and sailed "with a crew of forty-seven men."3 Before sailing, while she "lay in the basin," she "took in coal and provisions sufficient for a twelve-months' cruise."4 She "had two 18-pounders mounted on the decks," which were the guns generally used in bringing vessels to.5 "She was scarcely clear of the ground when a telegram was flashed to Liverpool, advising the Confederate agent at that port" that she had sailed; and about 8 or 9 o'clock that evening a screw-steamer, called the Laurel, "nearly new-built, very strong, and admirably adapted for a privateer," left Liverpool, clearing for Matamoras, via Nassau, taking a score or more of natives of the South, who had staked life and fortune on the hazard of a desperate game," among whom were "several old Confederate States navy officers, who had served on board the Sumter, *Alabama, and [419] Georgia.” The Laurel took out as cargo "cases marked as machinery, but in reality contained guns and gun-carriages, such as are used in war vessels."9 Mr. Dudley, the Consul at Liverpool, from the number of guns and the number of men, drew the correct conclusion that they were shipped in order to be transferred to some other vessel." The officers in Her Majesty's service, by the exercise of due diligence, Dudley to Seward, Vol. III, page 319; Vol. VI, page 660. 3 Dudley to Seward, Vol. III, page 319; Vol. VI, page 560. 4 Cruise of the Shenandoah, page 10. 5 Temple's affidavit, Vol. III, page 478; Vol. VI, page 709. 6 Cruise of the Shenandoah, page 11. Dudley to Adams, Vol. III, page 316; Vol. VI, page 556. might have arrived at the same conclusion, and might have detained both ships. The appointed place of meeting was the harbor of Funchal, in the island of Madeira. The Laurel arrived there two days in advance of the Sea King.1 The latter vessel had enlisted its crew "for a voyage to Bombay or any port of the Indian Ocean, China Seas, or Japan, for a term not to exceed two years." She "went down the English Channel under steam and sail, and when off Land's End she was put under reefed canvas," and so continued to Madeira. She was fully rigged for 192 sailing, and her steam was intended only as an auxiliary. [420] The Sea King arrived off Funchal the night of *the 19th.3 The Laurel, on the morning of the 20th, came out to meet her, "with a full head of steam on ;" signaled her to round the Desertas, a barren rocky island lying near Madeira; and proceeded to the place of rendezvous, the Sea King following in the wake.* “Tackles were at.once got aloft on both vessels, and they commenced operations by first transferring from the Laurel to the Sea King the heavy guns.". "At the expiration of thirty-six hours the transfer was effected, and the munitions of war, clothing, and stores, with which the Laurel had been laden, were piled in utter confusion on the decks and in the hold of the Sea King, which was to bear that name no more.” They "took in from the Laurel eight cannon, viz, six large and two small, with their carriages, (the guns were called 68-pounders ;) a quantity of powder, muskets, pistols, shot and shell; clothing, and a quantity of other stores, and also a quantity of coals." Corbett then came forward and announced a pretended sale of the vessel, (the real sale having taken place in London,) and tried to induce the men who had enlisted to sail in the Sea King to continue [421] their contract in the Shenandoah. The *conduct of this person was so palpably a violation of the Foreign Enlistment Act that the British Consul at Funchal sent him home as a prisoner, accompanied by depositions to prove his guilt. Captain Waddell, the new commander in the place of Corbett, made a speech, "which was received with but little enthusiasm from the majority of those who listened to him."8 "Out of eighty twenty-three only cast in their lots with the new cruiser." When the Shenandoah left the Laurel her "officers and crew only numbered forty-two souls, less than half her regular complement."10 This obliged her "to depend upon her auxiliary engine." When the news of these proceedings was fully known in London, Mr. Adams brought the subject to the notice of Earl Russell. In a subsequent note he referred to this fact in the following language:12 "On the 18th of November, 1864, I had the honor to transmit to your Lordship certain evidence which went to show that on the 8th of October preceding a steamer had been dispatched, under the [422] British flag, from London, called the *Sea King, with a view to 1 Cruise of the Shenandoah, page 19. 2 Ellison's affidavit, Vol. III, page 359; Vol. VI, page 580. 3 Harris's affidavit, Vol. III, page 363; Vol. VI, page 584. 4 Cruise of the Shenandoah, pages 19, 20. 5 Cruise of the Shenandoah, page 21. 6 Vol. III, page 363; Vol. VI, page 580. See also the other affidavits which follow this. 7 Vol. VI, page 572. & Cruise of the Shenandoah, page 22. meet another steamer, called the Laurel, likewise bearing that flag, dispatched from Liverpool on the 9th of the same month, at some point near the island of Madeira. These vessels were at the time of sailing equipped and manned by British subjects; yet they were sent out with arms, munitions of war, supplies, officers, and enlisted men, for the purpose of initiating a hostile enterprise to the people of the United States, with whom Great Britain was at the time under solemn obligations to preserve the peace. "It further appears that, on or about the 18th of the same month, these vessels met at the place agreed upon, and there the British commander of the Sea King made a private transfer of the vessel to a person of whom he then declared to the crew his knowledge that he was about to embark on an expedition of the kind described. Thus knowing its nature, he nevertheless went on to urge these seamen, being British subjects themselves, to enlist as members of it. "It is also clear that a transfer then took place from the British bark Laurel of the arms of every kind with which she was laden, for this same object; and lastly, of a number of persons, some calling themselves officers, who had been brought from Liverpool expressly to take part in the enter*prise. Of these last a considerable [423] portion consisted of the very same persons, many of them British subjects, who had been rescued from the waves by British intervention at the moment when they had surrendered from the sinking Alabama, the previous history of which is but too well known to your Lordship. "Thus equipped, fitted out, and armed from Great Britain, the suc-: cessor to the destroyed corsair, now assuming the name of the Shenandoah, though in no other respects changing its British character, addressed itself at once to the work for which it had been intended. At no time in her later career has she ever reached a port of the country which her commander has pretended to represent. At no instance has she earned any national characteristic other than that with which she started from Great Britain. She has thus far roamed over the ocean, receiving her sole protection against the consequences of the most piratical acts from the gift of a nominal title which Great Britain first bestowed upon her contrivers, and then recognized as legitimating their successful fraud.” It is not necessary to follow in detail the cruise of the Shenandoah from Madeira to Melbourne. It is enough to say that it lasted ninety days,1 *during which time several vessels of the merchant [424] marine of the United States were destroyed, with valuable cargoes. On the 25th of January, 1865, she "dropped anchor off Sandridge, a small town about two miles from Melbourne."2 "The November mail from Europe, which arrived at Melbourne about the middle of January, had brought the news that the Sea King had left England with the intention of being converted into a war vessel to cruise against the commerce of the United States."3 Suspicions were at once aroused that the newly-arrived man-of-war under the insurgent flag was no other than the Sea King; suspicions which were confirmed by the statements of the prisoners from the captured vessels, and by others.1 1 Cruise of the Shenandoah, page 93. 2 Cruise of the Shenandoah, page 94. 3 Blanchard to Seward, Vol. III, page 384; Vol. VI, page 588. 4 See depositions in Vol. III, on pages 399, 401, 402, 405, 407, and 417. The same depositions may be found in Vol. VI. This point appears to have been settled beyond doubt. See extract from Melbourne Herald, Vol. VI, page 650, The Consul of the United States appears to have acted with both courtesy and vigor. He placed before the authorities all the information in his possession, tending to show the illegal origin of the vessel, and the liabilities which she was imposing upon Great Britain by her 1 depredations on the commerce of the United States. He told [425] the Governor that the "Shenandoah, alias Sea *King," had never "entered a port of the so-styled Confederate States for the purposes of naturalization, and consequently was not entitled to belligerent rights;" and that the table-service, plate, &c., on the vessel all bore the mark of "Sea King." He earnestly urged that "after the severest scrutiny it should be determined if this vessel and crew are entitled to the rights of belligerency, or whether the vessel should not be detained until the facts can be duly investigated." When he found that, in spite of his remonstrances and of the proof of her character, it had been decided that the Shenandoah should be repaired, and should be allowed to take in supplies and coals, he protested "in behalf of his Government against the aid, comfort, and refuge" extended to her. When he was informed that the Governor had come to the decision "that whatever may be the previous history of the Shenandoah, the Government of the Colony is bound to treat her as a ship of war belonging to a belligerent Power," he protested afresh, and notified the Governor "that the United States will claim indemnity for the damages already done to its shipping by said vessel, and also which may hereafter be committed if allowed to depart from [426] *this port."5 He placed in the hands of the Attorney General 8 conclusive "evidence to establish that the Shenandoah is in fact the Sea King." 126 When it came to his knowledge that Waddell was enlisting a crew in Melbourne for the Shenandoah, he put the proof of it at once into the hands of the Governor." When he heard that she was taking coal on board he communicated that fact also. From the beginning of the visit of the Shenandoah at Melbourne to the hour of her departure, this officer was constant in his vigilance, and in his efforts to aid the British authorities in the performance of their duties, as the representatives of a neutral nation. As soon as she arrived, almost before her anchor was dropped, her commander wrote to the Governor for permission to "make the necessary repairs and obtain a supply of coals."9 This letter was officially answered the next day, after the twenty-four hours allowed by the instructions of January, 1862, for his stay had expired. He was told that directions had been given to enable him to make the necessary repairs and to coal his vessel, and he was asked, at his earliest convenience, to intimate the nature and extent of [427] *his requirements as regards repairs and supplies.10 This was the official answer. The real answer had been given the previous night to Waddell's messenger, who was dispatched on shore "as soon as practicable the afternoon of arrival, to confer with the authorities and obtain permission for the ship to remain and procure some neces 1See Mr. Blanchard's dispatch to Mr. Seward, Vol. III, page 384. 2 Vol. III, page 394; Vol. VI, page 598. 3 Blanchard to Darling, Vol. III, page 395; Vol. VI, page 598. * Blanchard to Darling, Vol. III, page 397; Vol. VI, page 600. 5 Blanchard to Darling, Vol. III, page 398; Vol. VI, page 602. 6 Vol. III, pages 403 and 404, 405 and 407. See also Vol. VI. 7 Vol. III, pages 414, 420, 423, 427, 428. See also Vol. VI. 8 Vol. III, page 425; Vol. VI, page 630. 9 Waddell to Darling, Vol. V, page 599. 10 Francis to Waddell, Vol. V, page 599; Vol. VI, page 639. sary repairs." "He returned before midnight, having succeeded in his mission."1 Two days were taken to reply to the question as to the nature and extent of the needed repairs and supplies. Waddell then stated, as a reason why he could not yet report, that the mechanics had not reported to him. He spoke generally about the condition of his propeller shaft, and the bearings under water, and, he added, "the other repairs are progressing rapidly." It thus appears that he had been at that time three days in port, had made no official statement of the supplies or the necessary repairs, and that he had a force at work upon his vessel, without any report to the Governor showing the necessity. The next day he was asked to furnish a list of supplies required for the immediate use of his vessel.3 He appears to have furnished such a statement, but it has not been printed in any document within [428] the control of the United States. As the list is in the possession of Great Britain, it will doubtless be produced, if it tends to release that Government from responsibility. On the following day, being the fifth day after he arrived in port, the fourth day after he received permission to make his repairs, and the third or fourth day after the repairs were commenced, he reported to the Governor that the lining of the outer.sternback (probably meaning the outer sternbush) was entirely gone, and that in order to replace it the Shenandoah must go into the Government slip for about ten days.* On the 1st of February the Governor assented to the making of these repairs and the time named for them. On the 7th of February, through his Secretary he called upon Captain Waddell "to name the day when he would be prepared to proceed to sea."% Waddell said that he could not name a day; and he gives excuses why his vessel was not yet on the slip; a fact which furnishes the evident reason for the letter of the Governor's Secretary." *On the 14th of February, a week later, inquiry is again made [429] whether he is "in a position to state more definitely when the Shenandoah will be in a position to proceed to sea." The reply shows that the Shenandoah was then on the slip, and was to be launched the next day. He thought he could proceed to sea by the 19th, though he had yet to take in all his stores and coals.9 The next correspondence between Waddell and the Governor's Secretary furnishes the solution of the delay in the original report upon the repairs, the delay in the getting the vessel into the slip, the delay in getting her out of it, and the unreasonable time required "to take in stores, coals, and to swing the ship." During all this time Waddell had! been enlisting men for the Shenandoah out of the streets of Melbourne,' and had protracted his repairs as an excuse for delay, while he filled up the thin ranks of his crew. The arrival of this vessel at Melbourne had produced a profound sensation. An inquiry was made of the Government in the Legislature to know if Her Majesty's Proclamation had not been violated by the Shenandoah. The member making the inquiry called attention to 1 Cruise of the Shenandoah, page 97. 2 Vol. V, page 600; Vol. VI, page 640. 3 Francis to Waddell, Vol. V, page 600; Vol. VI, page 641. 4 Waddell to the Commissioner of Trade, Vol. V, page 600; Vol. VI, page 641. 5 Francis to Waddell, Vol. V, page 602; Vol. VI, page 644. 6 Francis to Waddell, Vol. V, page 602; Vol. VI, page 643. 7 Waddell to Francis, Vol. V, page 602; 8 Francis to Waddell, Vol. V, page 602; • Waddell to Francis, Vol. V, page 602; Vol. VI, page 614. |