doah, the government of this colony is bound 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 execu tive 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 the 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 commnunication 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 has 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. 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 [147] information as to the nature of the supplies of *which he states he is in need for 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) "JANUARY 30, 1865." "ARCHD. MICHIE, 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 1 Appendix, vol. i, p. 514. commanding the Shenandoah 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. 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 Waddell 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 precede it 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. 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 [148] 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. 1 Appendix, vol. i, p. 516. The report of the board of survey referred to in the foregoing minute was as follows:1 Report of survey held on board the confederate screw-steamer Shenandoah. MELBOURNE, February 1, 1865. We, the undersigned, in pursuance of instructions received from his excellency the governor, proceeded on board 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. CHARLES B. PAYNE. ALEX. WILSON, (Signed) 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:" Memorandum for the commissioner of trade 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. TOORAK, February 3, 1865. C. H. D. 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 :* Extract from the minutes of the council.-Minute 65/9 of the proceedings on the 13th February, 1865. His excellency states that Lientenant Waddell had replied, to the communication which it had been agreed to address him at their last meeting, that he could [149] 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 main 1Appendix, vol. i, p. 518. 2 Ibid., p. 529. tenance 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 board 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: 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 observ ance of the rules prescribed for the maintenance of neutrality. (Signed) CROWN LAW-OFFICES, February 6, 1865. GEO. HIGINBOTHAM. The further report of the board of survey, also referred to in the foregoing minute, was as follows: 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. 24. That the inner stern-post bracket, in which the staves of lignum-vite are Appendix, vol. i, p. 521, 2 Ibid., p. 522. [150] 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) WILLIAMSTOWN, February 10, 1865. CHARLES B. PAYNE, Late Lieutenant, Royal Navy. ALEX. WILSON, Engineer Surveyor. DOUGLAS ELDER, Superintendent, Marine Yard. 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: Superintendent Lyttleton to the chief commissioner of police, Melbourne. POLICE DEPARTMENT, SUPERINTENDENT'S OFFICE, 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 he 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 cominission 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 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 warraut 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. 'Appendix, vol. i, p. 524. |