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 transmitted, when opportunity admits, to the officer 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 ventured 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 war, and to governors 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 equipped 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.1 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 6th November, 1865, the Shenandoah arrived at Liverpool.2 She was immediately placed under detention by the officers of customs; and 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 hoist 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, Appendix, vol. i, p. 657. 2 Ibid., p. 662 her commander stated that she had 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 for eign affairs a letter which concluded as follows:1 As to the ship's disposal, I do not consider that I have any right to destroy 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: 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 Shenandoah 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 govern ment 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 severe suffer[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., (Signed) 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 fol lows: 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 behalf 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. 3 Ibid., p. 670. * Ibid., p. 669. 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 offenses cognizable by British law. The only offense at which he distinctly points is that of violating the foreign 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 produced 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 cognizable by our laws and 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. 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 our 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 misdemeanor 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 duly investigated; but, at the present time, we are not informed of any such evidence in the possession or power of Her Majesty's government by which such a charge would be likely to be established. We have, &c., ROUNDELL PALMER. Instructions 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 ascertained 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 ascertained to be British subjects, inquiry was to be made whether evidence on oath could 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. * Appendix, vol. i, p. 676, Captain Paynter reported, on the 8th November, that on receiving these instructions he had gone on board the Shenandoah, and had ascertained that the crew were all shipped on the high seas. "I mustered the crew, and was fully satisfied that they were foreigners, and that there were none known to be British-born subjects on board; they were therefore all landed with their effects." 1 Captain Paynter subsequently stated that his conclusion was formed partly on the assurances given him on board by the late commander and officers of the ship, and partly by the answers returned by the men when mustered and questioned, one by one, on their general appearance, and on the absence of any evidence against them. He added that any men who were British subjects, and had formed part of her original crew, might have found meaus to make their escape while she was in the Mersey. On this subject the following report was made by the lieutenant commanding the Goshawk: 3 Lieutenant Cheek to Captain Paynter. GOSHAWK, ROCK FERRY, January 26, 1836. SIR: In compliance with your order calling on me to report the proceedings on board the Shenandoah during her detention at this port by the British authorities, I have the honor to inform you that agreeably to instructions, dated 6th November, 1865, I proceeded in Her Majesty's gun-boat Goshawk, under my command, and lashed her alongside the vessel, In the evening Captain Waddell informed me that the vessel having been taken charge of by the custom-house authorities, he considered himself, the officers, and crew relieved from all further charge and responsibility of the ship, and that his authority over the crew would also end." The following day (November 7) the crew requested that I would allow them to land, none of them having been on shore for more than nine months. I told them that under the circumstances it was not in my power to grant it, and persuaded them to remain quiet for a day or two, till orders should be received from London. They then demanded to see my authority for detaining them. I explained that I acted under orders from you. They replied that you could have no charge of them without instructions from Earl Russell, the Foreign Office, or the American minister, as they were American subjects. This evening, as on the previous one, I succeeded in pacifying the crew by reasoning with them. On the following morning (8th November) the crew were getting riotous, and determined to remain on board no longer. Eight or ten had already deserted. I therefore in a letter to yon explained the excited state the crew were in, and that I had heard from one or two of their officers their determination to leave the vessel that evening at all risks. I should, therefore, be compelled to let them escape, or else detain them by force. The answer I received from you was, that I was to act up to your orders, and the crew were to remain on board, but that you hoped soon to have instructions from London. I would call your attention to the excited state of the crew by their conduct in attempting to desert, many of them jumping on board the steamer and trying to conceal themselves when you came to muster and examine them, on which occasion I accom panied you into the cabin and heard you question Captain Waddell as to whether he believed any of his crew to be British subjects; he replied in the negative, and stated that he had shipped them all at sea. On your questioning the officers they also made the same statement. The first lieutenant mustered the crew from a book of his own, the only list found on board, and you stopped and questioned the men as they passed before you. Each one stated that he belonged to one or other of the States of America. The personal baggage of the officers and crew were examined by the custom-house officers to prevent any American property being taken on shore. On the evening of the 9th November you again came on board the Shenandoah, and met the American cousul in the cabin of a tug he had hired to bring him alongside; he then promised to send an officer to take charge of her, as a captured confederate cruiser, on behalf of the American Government. On the 10th November, Captain Freeman came on board and took charge, under 1 Appendix, vol. i, p. 678. 3 Ibid., p. 712. 2 Ibid., p. 682. orders from the American consul, and, in compliance with your memorandum, I handed the vessel and stores over to him. On my leaving the Shenandoah, Captain Freeman hoisted the American ensign and pennant, and proclaimed her a man-of-war. # During the time I was on board I received no information, nor could I obtain [160] any evidence, that any of the crew were British subjects; had I done so I should have arrested them, and immediately communicated with you for further instructions. I have, &c., ALF. CHEEK. In order to justify the detention of any of the crew it was, by law, necessary to prove by evidence that the persons detained were naturalborn British subjects. To allege that they were probably such would not have been sufficient, nor could they have been called upon to prove that they were not such. No evidence tending to prove the British nationality of any of the Shenandoah's crew was furnished or offered to, or was in the possession of, Her Majesty's government or its officers before or at the time when the crew landed and dispersed. A deposition made by one Temple or Jones, a native of Madras, who stated that he had himself enlisted in the ship, and served in her throughout her cruise, was, on the 28th December-about seven weeks after the dispersion of the crew-sent to the Earl of Clarendon by Mr. Adams. It was clearly shown, however, that Temple was a person unworthy of credit, and some of the statements in his deposition were ascertained to be gross falsehoods. The crew of the Shenandoah, if Temple's evidence were to be believed, included Americans, Prussians, Spaniards, Portuguese, Danes, Malays, and Sandwich Islanders. About fifty men were stated by him to have joined her from United States ships. On the 10th November, 1865, the Shenandoah was delivered to, and accepted by, the consul of the United States, and she soon afterward sailed for New York. SUMMARY. The Shenandoah was a steamship built, not for war, but for commercial purposes, and constructed with a view to employment in the China trade. She had been employed by her original owners in a trading voyage to New Zealand and China, and was, when she sailed from the port of London in October, 1864, registered in the name of a Liverpool merchant as sole owner. She was not, within the jurisdiction of Her Britannic Majesty's government, fitted out, armed, or equipped for war, in any manner or degree, nor in any manner or degree specially adapted for warlike use. She appeared to be, and was in fact, by her construction, fittings, and in all other respects, at the time when she departed from the waters of the United Kingdom, an ordinary merchant steamer, and not a ship of war. She had on board, at the time when she was owned and used as a trading-vessel, two 12-pounder carronades such as are usually carried by vessels of her class for making signals; and these guns passed with the rest of the ship's furniture, when she was sold by her original owners, and remained on board when she sailed in October, 1864. They were guns suitable for use in a merchant-vessel, and not for use in a ship of war. She cleared and sailed from the port of London as for an ordinary trading voyage, under her original name of the Sea King, by which she was known as a trading-vessel. In her stores, and in the coals which she carried as cargo, as well as in her build and equipment, there was, as Her Majesty's government believes, nothing that was calculated to |