been furnished by the Consul. It was what they knew before the vessel left port which should have compelled them to act, not what came to them after. The United States have never asked for the conviction of the boatmen. What they wanted was the detention of the vessel, or, at least, the adoption of such measures as would prevent the augmentation of her warlike force. Large recruit parture from Melbourne. The The Shenandoah left her anchorage early on the morning of the 18th and proceeded to sea unmolested. The "guns were all ments of men; de loaded before the vessel went outside of the Heads." chief commissioner of police says, on the 26th October, 1871, that "no visitors were allowed on board the Shenandoah under any pretense for three days before she sailed, and, in the absence of any of Her Majesty's ships in our waters at the time, the efforts of the water-police were necessarily of little avail.” 2 The same officer says, in the same report: "Had the Shenandoah been afloat in the bay at the time, I am convinced that any attempts on the part of the police to search her, or to execute warrants for the apprehension of persons illegally enlisted, would have been violently resisted." If this was understood at the time, the United States are at a loss to know why it was she was permitted to get afloat until her officers had allowed their vessel to come under the surveillance of the Government, or until some means had been devised by which a fresh violation of the neutrality of the waters might be prevented. Her Majesty's ship Bombay was in port when the Shenandoah arrived, and the United States can hardly believe she had been permitted to leave the harbor entirely unprotected while so troublesome a visitor remained. At so important a station there must have been some vessel of Her Majesty's powerful Navy that could be called upon. by the Governor of the Colony for assistance in case it became necessary. At any rate the Shenandoah could have been held upon the dock until a ship of war was found to watch her if the authorities had been so disposed. 66 As soon as the Shenandoah got outside of the neutral waters an addition was found to the complement of her men. They may not have been added to her crew in form, by actual enlistment, but they were recruited; and with the men on board the enlistment was easily accomplished. In this way forty-two men were added to the crew, as will appear by the affidavit of Temple, in which names are given.3 Among these names the Arbitrators will find, as master-at-arms, Charles McLaren." His name also appears in the report of the chief detective at Sandridge, made on the 13th of February, where it is said: “A waterman named McLaren, now at Sandridge, is either already enlisted or about to be so."4 It also is found in the report of the same detective on the 21st, as McLaren, "who stated openly a short time back to a waterman named Sawdy and others, that he was about to ship on the Shenandoah." They will also find the names of Thomas Evans, Robert Dunning, and William Green, which also appear in the affidavit of Forbes, the witness who went with the consul on the 17th when he endeavored to obtain some action by the officers. 6 As soon as the vessel had escaped, it was easy for the authorities to satisfy themselves that large additions had been made to the crew. The 18th, the day on which she sailed, was Saturday. The papers published on Monday morning all make mention of the increase of her crew. The Herald has the following notice: 1 Brit. App. Counter Case, vol. v, p. 120. 2 Ibid., p. 121. 3 Brit. App., vol. i, pp. 701, 702. Brit. App. Counter Case, vol. v, p. 108. 5 Ibid., p. 117. Brit. App., vol. i, p. 616. The Confederate cruiser Shenandoah left Hobson's Bay at about 6 a. m. on Saturday, and was seen during the afternoon outside the Heads by the schooners Sir Isaac Newton and Zephyr. She steamed up to the former and hoisted an English ensign, which on being answered with a like flag she stood off again; when the Zephyr saw her at a later hour of the day she was hove to off Cape Schanck. Several rumors are afloat that the Shenandoah shipped or received on board somewhere about eighty men just prior to leaving. We have since been informed that she took away a large number, but not equal to that above stated.1 In the Argus it was said: It is not to be denied, however, that during Friday night a large number of men found their way on board the Shenandoah, and did not return on shore again.2 Another paper said: There is no doubt that she has taken away with her several men from this Colony; report says eighty, but that is probably an exaggeration. The neglect of the Attorney-General in not replying to Captain Waddell's question as to the extent of the neutral limit, has apparently absolved that commander from responsibility so far as carrying on hostile operations outside Fort Philip Heads is concerned, for, according to our shipping report, the Shenandoah steamed up to the schooner Sir Isaac Newton, evidently with the intention of overhauling her had she happened to be a Yankee vessel. 3 And the Age said: 3 The Shenandoah left Hobson's Bay at 6 o'clock on Saturday morning. It is currently reported that she shipped some eighty men just prior to leaving. At a late hour on Saturday she was hove to off Cape Schanck. The police on Saturday received the following information relative to an attempt made to enlist men for the confederate service on board the confederate steamer Shenandoah. About half past 4 o'clock on Saturday afternoon, a man who gave his name and address as George Kennedy, 125 Flinders Lane, east, called at the police office in Russell street, and stated that, having seen an advertisement in the Argus, he called on the advertiser, Powell, with whom was another man whose name he did not know. He remained in their company for several hours, during which time they supplied him with drink, and endeavored by every kind of persuasion to induce him to join the confederate service on board the Shenandoah, for which purpose they also conducted him to the wharf, and desisted from their efforts only when he openly stated his intention of reporting the matter to the authorities. Kennedy further stated that when the men were using their endeav ors to get him to join the Shenandoah there were several other persons present who accepted their offers, and whom he now believes to be on board that vessel. On the 21st, the senior constable of the water-police reported "that at about 9 o'clock p. m. on the 17th instant, [the evening before she sailed, when on duty at the railway pier, Sandridge, he observed three watermen's boats leave that pier, and pull toward the Confederate States steamer Shenandoah, each boat containing about six passengers; observed likewise a person who the constable believed to be an officer of the ship in plain clothes, superintending the embarkation of the passengers; saw the same boats returning in about half an hour afterward, midway between the Shenandoah and the pier, with only one man in each of them; on returning to the pier at about midnight, was informed by the constable on duty there (Kuox) that during the absence of the police boat, three or four boats had left the pier for the Shenandoah, containing in all about twenty passengers. Have made inquiries relative to the persons conveyed on board, and find that the parties named in the margin were seen on board at one o'clock in the morning of the 18th instant." 5 95 George W. Robbins also stated to the police that "he passed across the bay on Friday night last, with a message from the American Consul to the police, to the effect that the Shenandoah was shipping men on board. On his way he saw a boat pulled by Jack Riley and a man named Muir; they had about twelve men in a boat. On his return, Am. App., vol. vi, p. 683. Ibid., p. 684. Ibid. * Ibid., p. 685. Brit. App. Counter Case, vol. v, p. 119. Riley and Muir being alone, pulled up from the Shenandoah, and hailed Robbins. Robbins did not reply." The report of this last statement was made on the 22d. But the United States ask the attention of the Tribunal to another fact connected with the treatment of the Shenandoah at Melbourne. She was a "full-rigged ship of superior build, and with good winds she was a fast sailer, but with light breezes she was only ordinary. She also had steam-power auxiliary, with a propeller that could be used at pleasure, and which, when not in use, could be hoisted up, so as not to interfere with her sailing. During the days before named, she sailed more than two thousand miles, and only used her steam-power twice, once in going through the straits and again in clearing Behring's Island." She only used steam-power two days during the thirty preceding her arrival at Melbourne. Steam was rarely used except in making captures. 2 Excessive repairs Her repairs were only necessary to make her steam-power effective. The board of inspectors appointed by the Governor to ascerat Melbourne, tain what repairs were needed, reported that she was not “in a fit state to proceed to sea as a steamship;" and all the particular repairs specified by them, and by the firm employed by Captain Waddell, related to her steam-power alone. Not a word is said of any repairs to her hull, and it does not appear that any were made except calking. As has been seen, when she arrived she had on board four hundred tons of coal. This fact was made known to Governor Darling by the United States Consul on the 17th of February.3 But he must have been made acquainted with the same fact from other sources. Captain Waddell asked leave to land his "surplus stores." Coaling then excessive. I On the 7th the tide inspector reported that she "on Monday was lightening, preparatory to being taken on the slip, by discharging stores and coals into the lighters near the breakwater." On the same day the harbor-master reported "the crew and a party of men from the shore are now employed in discharging coals and stores into lighters. * have been given to understand, if she be sufficiently lightened, and weather permitting, she will be taken into the slip to-morrow afternoon." Again, on the 8th, the tide inspector reported, "The Shenandoah continued to discharge stores into lighters yesterday, but little progress was made, owing to the boisterous state of the weather." And on the 9th, the harbor-master reported "that the persons in charge of the patent slip, on placing the Shenandoah on the cradle yesterday, found she was drawing too much water to admit of the vessel being taken up with safety. The crew and men from the shore are lightening her abaft, preparatory to another trial to get her up to-day at high water." It will be borne in mind that she was a vessel of war without cargo, except coal. She was lightened, therefore, by taking out coals and supplies only. On the 17th the Consul protested to the Governor against her being permitted to take in coals, adding, "I cannot believe Your Excellency is aware of the large amount of coal now being furnished said vessel;" but the Governor "acquainted" him in reply, on the same day, that a ship of war of either belligerent is, under Her Majesty's instructions, allowed 1 Brit. App. Counter Case, vol. v, p. 120. 2 Affidavit of Captain Nye, Am. App., vol. vii, p. 92. 3 Affidavit of W. G. Nichols, Am. App., vol. vii, p. 102. 4 Am. App., vol. vi, p. 698. 5 Brit. App., vol. i, p. 614. 6 Ibid., p. 520. 7 Ibid., p. 529. 8 Brit. App., vol. i, p. 530. 9 Ibid. 10 Ibid. 11 Ibid., p. 615. to take in coal sufficient to carry such vessel to the nearest port of her own country or to some nearer destination." 1 Thereupon, when the vessel was launched from the slip, she was hauled alongside the John Frazer, and took in three hundred tons of coal, which, with the four hundred she already had on board, gave an ample supply for the contemplated cruise. It is now said by the collector of customs that "two hundred and fifty tons of coals were transshipped to her from the John Frazer." It matters but little which of these amounts was actually taken, for, after a cruise of nine months and her destructive work among the whaling fleet in the Arctic seas, she arrived, on the 6th of November, at Liverpool, with one hundred and thirty tons remaining on board, according to the report of Captain Paynter, of Her Majesty's ship Donegal, to the Comptroller General of the Coast-guard.1 Notwithstanding the protest of the Consul, no account seems to have been required of the actual amount on hand, and from all that appears an unlimited permit was granted. She was also permitted to take on board supplies for her cruise. The extent of these supplies does not appear. On the 30th of January the Commissioner of Trade and Customs informed Lieutenant Waddell that "it will be necessary that a list of the supplies required for the immediate use of your vessel should be sent in for the guidance of His Excellency."5 * On the same day Lieutenant Waddell replied, "I have to state the immediate supplies required for the officers and crew under my command consist of fresh meat, vegetables, and bread daily; and that the sea supplies required will be brandy, rum, champagne, port, sherry, beer, porter, molasses, lime-juice, and some light materials for summer wear for my men, &c."6 It will be noticed that the quantities required are not stated; but on the next day the commander was notified that "permission is conceded for you to ship on board the Shenandoah, in such quantities as may be reasonably necessary, the provision and supplies enumerated in your communication under reply." If any further list was furnished, Her Majesty's Government has not seen fit to present it for the consideration of the Arbitrators. The permit for general supplies appears, therefore, to have been as unlimited as that for coal. Without these additions to her steam-power, crew, and supplies, she never could have accomplished the objects of her cruise. Although "a fast sailer in a strong wind, with a light breeze, she could not have outsailed the average of the whalers." It is the firm opinion of Captains Nye, Hathaway, Winslow, Wood, and Baker that if she had not used her steam-power, she could never have captured the larger portion of the whaling fleet. She waited for a calm before attacking the whaling vessels, in order to prevent their escaping into the ice, and then made chase under steam. And she could not have been safely handled in the Arctic seas if she had not obtained the additions to her crew at Melbourne. Even with these additions it was often necessary, as has been seen, to call on the prisoners to assist in working the ship. The United States believe that after this statement of the occurrences Brit. App., vol. i, p. 617. 3 Brit. App. Counter Case, vol. v, p. 85. Affidavits collected in Am. App., vol. vii, 5 Ibid., p. 640. Brit. App., vol. i, p. 517. 7 Ibid., p. 641. 8 Am. App., vol. vii, p. 97. at Melbourne, the Arbitrators will be surprised to find in a report of the Governor of the Colony to the Home Government, detailing the facts substantially as they are now given, the following passage: I will not close my report of these transactions without assuring you that nothing could be further from my intention or that of my advisers than that the letter of the Commissioner of Trade and Customs of the 15th instant should be justly open to the charge of being disrespectful and insulting to the Government at Richmond. A clear recapitulation of the facts appeared to be expedient, if not necessary, for reasons which I have already stated; while the reference to that Government was a direct and natural consequence of the declaration in Lieutenant Waddell's letter of the 14th instant, then under reply, that he had written as commander of the ship representing his Government in British waters. Nor can I omit to observe that it would have been more consistent with the representative character in which Lieutenant Waddell thus declared himself, if, possessing, as he did throughout, ample power and means to ascertain that his ship had not become a place of concealment for British subjects seeking to violate or evade the law, he had employed that power and those means more effectively before committing himself to a solemn assertion, which eventually proved incorrect, and if, upon the discovery that these men were on board his ship, (assuming that discovery to have been made as he affirms it was after he had dispatched his letter of the 14th,) he had immediately apprised the Government of the mistake he had committed, instead of leaving it to be brought to light by the apprehension of the culprits themselves, and through the medium of a police examination.1 In less than sixty days after this report was written, and before any advices of what had been done could have reached Richmond, there was no "Government" there to be insulted, or to which representations could be made. The armies of the insurgents had surrendered, and those who had administered the Government were fugitives. Only ten days before the date of that report, and after it was apparent to all that the struggle of the insurgents was nearly at an end, Her Majesty's Secretary of State for Foreign Affairs addressed the first remonstrance of his Government to the agents of the insurgents, and after stating that the "unwarrantable practice of building ships in this country to be used as vessels of war against a State with which Her Majesty is at peace still continues," says, "Now, it is very possible that by such shifts and stratagems the penalties of the existing laws of his country, nay, of any law that could be enacted, may be evaded; but the offense thus offered to Her Majesty's authority and dignity by the de facto rulers of the Confederate States, whom Her Majesty acknowledges as belligerents, and whose agents in the United Kingdom enjoy the benefit of our hospitality in quiet security, remains the same. It is a proceeding totally unjustifiable and manifestly offensive to the British Crown."2 It is a source of pleasure to the United States to learn that at last Her Majesty's Government did realize that the practices of the agents of the insurgents, which had been continued for so many years, were "manifestly offensive." It would have been more gratifying, however, if this manifestation had been noticed at a somewhat earlier date. The Consul of the United States, in reporting the facts to his Government on the same day that the Governor reported to the Government of Her Majesty, uses the following language: What motives may have prompted the authorities, with evidence in their possession as to the shipment of large numbers of persons on board said vessel, substantiated by the capture and commitment of some escaping from said ship, to allow the said vessel to continue to enjoy the privileges of neutrality in coaling, provisioning, and departing, with the affidavits and information lodged and not fully satisfied, I am at a loss to conceive. Was it not shown and proved that the neutrality was violated? And yet she was allowed her own way unmolested, thus enabling her to renew her violations of neutrality on a larger scale. There are eyes that do not see and ears that do not hear, and I fear that this port is endowed with such a portion of them as may be required to 1 Brit. App., vol. i, p. 509. 2 Am. App., vol. i, p. 631. |