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 nonexecution 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. 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. [152] 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 governinent 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., Hon. JAS. G. FRANCIS, JAS. J. WADDELL, Lieutenant Commanding, Confederate States Navy. 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. 2 Ibid., p. 527. Appendix, vol. i, p. 644. 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." 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 board 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. On the 18th February, after the ship had sailed, the consul of the United States sent to the governor a declaration on oath pur[153] porting 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 not 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 all 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. Nichclson, the chief, who heard the man's statement in full, but, as he could not act with Appendix, vol. i, p. 528. 3 Ibid., p. 646. 5 Ibid., p. 618. 2 Ibid., p. 526. 4 Ibid., p. 616. out 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. Start, 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 attorneygeneral, 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, 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 'Appendix, vol. i, p. 618. 2 Ibid., p. 565. 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 leth 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., 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 import ant 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, 1864, 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 execu tion of such a warrant. The governor's inquiry was referred to the lawofficers of the Crown in England, and they advised as follows:* 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. 1 1 Appendix, vol. i, p. 577. Ibid., p. 558. ment. That it appears to us that, in the circumstances stated, his excellency the [155] 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 governWith 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 board 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. 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 fast. 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. 1 Appendix, vol. i, p. 557. |