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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. 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 expresserl 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:

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 oftice 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 burry 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 be iusult 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 ofticer 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,

Prirate Secretary, From circumstances which were discovered after the sailing of the Shenandoal, there was reason to believe that a number of men had gone secretly on board of that vessel during the night of the 17th Feb. ruary, 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 othero Australian colonies, and to the governor of New Zealand, letters in the following terms:

[151] "Gorernor Sir C. Darling to gorernors of Australian colonies and New Zealand.

GOVERNMENT HOUSE, Melbourne, February 27, 1805, 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.

p. 565,

1

9 Ibid.,

a

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. The consul of the United States at Melbourne had, on the Shenan

doah's first arrival in the port, sent to Mr. Adams, in a letter 156 dated 26th January, 1865, the following *description of her, com

municated to him (the consul) by persons who had been on board of her as prisoners :

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 unrifled 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 during 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 leave 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 oflicers, numbered twentythree 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 hier 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 au agent of the government of the Confederate States, though not officially recognized as such by Her Majesty's government:

Vr. Mason to Earl Russell.!

28 GROVE STREET,

Leamington, June 20, 1-0), My Lond: It being considered important and right, in the present condition of ibe 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 govern

Appendix, vol. i, p. 633.

ment of Her Majesty to allow this to be done through the British consuls at ports where the ship may be 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 transinitted, when opportunity admits, to the ofticer 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 rentuired 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 govern

ment 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 it, and to yovernors 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 eqnipped 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.

It was afterward positively affirmed by the commander of the Shenandoah, that, although up to the 28th 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 oth November, 1865, the Shenandoah arrived at Liverpool.? She was immediately placed under detention by the officers of customs; aud 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 her, with orders that she should not be allowed to boist 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,

1

Appendix, vol. I, p. 657.

? Ibid., p. 662

her commander stated that she bad come into port with the intention of delivering her up to Her Majesty's governmert; 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 slestroy 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 Shenandoal 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

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 severesuffer[158] ers, of its disposition to do everything in its power to mark its high sense of

the flagrant nature of their offenses.
I pray, &c.,
(Sigued)

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 bebalf 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. Appendix, vol. i, p. 667.

Ibid., p. 669. 3 Ibid., p. 670.

1

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 ottenses cognizable by British law. The only offense at which he distinctly points is that of violating the foreigu 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, on 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 prounced 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 proceedings 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 cogpizable by our laws aud 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 onr 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 misolemeanor 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 duls investigated; but, at the present time, we are not informed of any such evidence in ihe possession or power of Her Majesty's government by which such a charge moulil be likely to be established.

We have, &c.,
Signed)

ROUNDELL PALMER.
R. P. COLLIER.

ROBERT PHILLIMORE. lustractions were thereupon sent to Captain Paynter, commanding

Her Majesty's *ship Donegal, who was in charge of the Shen(159) andoah, that those of her officers and men who were not ascer

tained 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 ascer. tained to be British subjects, inquiry was to be made whether evidence on oath conld be obtained against them. Those against whom evidence could be obtained were to be detained and taken before a magistrate, the rest discharged. · Appendix, vol. I, p. 673.

2 Appendix, vol. i, p. 676.

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