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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 means to make their escape while she was in the Mersey:2
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, 1256. Sir: In compliance with your order calling on me to report the proceedings on board the Shenandoal during her detention at this port by the British authorities, I have the honor to inform you that agrecably 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 Warlılell informed me that the vessel having been taken charge of by the custom-house authorities, le 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 anthority 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 bave 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 accompanied 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 fouud 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-bouse officers to prevent any American property being taken on shore. · On the evening of the 9th November you again came on board the Shenandoahı, and met the American consul in the cabin of a tug he bad 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 Appendix, vol. i, p. 678.
2 Ibid., p. 682. Ibid., p. 712.
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  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 Ainericans, 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.
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 royage 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 soie 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 excite, or did excite, in the minds of persons on board of her, any suspicion that she was intended for a different purpose.
Her crew was composed of men who had shipped on board of her in the ordinary way, in the port of London, for a trading voyage. They were hired and signed articles for a voyage from London to Bombay, (calling at any ports or places on the passage,) and any other ports or places in India, China, or Japan, or the Pacific, Atlantic, or Indian Oceans, trading to and from, as legal freights might offer, until the return of the ship to a final port of discharge in the United Kingdom or continent of Europe; the voyage not to exceed two years.
Before or at the time of her arrival at the Madeira Islands, she was sold by her owner to the government of the Confederate States. Either on the high seas or in Portuguese waters she was transferred to an officer commissioned by the government of the Confederate States, who then took possession and control of her; and the master, officers, and crew who had come out in her from England (three or four men only excepted) left her at that time, and returned to England. The three or four men who remained on board the ship were one of the engineers, a common sailor, and one or two firemen. They are stated to have enlisted
when under the influence of liquor. (161) * The commander wbo had taken possession of the ship, and his
officers, (who, like him, were Americans) employed the strongest inducements in order to persuade the ship's crew to enlist, by the offer ot large bounties, by the promise of high wages and prize-money, by exhibiting money to them, and by lavish supplies of liquor. These inducements, however, were used in vain, except in the case of the three or four men above mentioned.
The ship was also joined by a few men who had come in the steamer Laurel. At the time when she commenced cruising, her whole crew, exclusive of officers, was from seventeen to nineteen men. The number of men who would commonly be shipped to work a vessel of her size as a merchant-ship would be from forty to fifty, which was the number that actually went out in her. As a ship of war she would require a larger number than that. It appears that before she arrived at the port of Melbourne, her crew had been increased to a complement of from seventy to eighty men, exclusive of officers, (who were about twenty,) by the addition of men who joined her from captured American vessels.
The commander and officers of the Shenandoah (excepting, as some deponents stated, one of the lieutenants, who had taken a passage in her from London as an ordinary passenger, concealing his purpose and official character) came on board of her, for the first time, after she had arrived near to a detached group of islands belonging to the Madeiras, and called the Desertas. They came out as passengers in the Laurel steamer, which cleared on the 8th October, from Liverpool for a voyage to Matamoras via Havana and Nassau. They took the control of the ship, and, by their orders, her guns (other than the two small 12-pounders above mentioned) and all her ammunition were put on board of her from the Laurel. These acts were done either within Portuguese waters or on the high seas. The vessel afterward hoisted the confederate flag and commenced cruising. Her commander was a lieutenant commander in the naval service of the Confederate States, appointed by the naval department of that government to command the Shenandoah.
Of the vessels captured by the Shenandoah a considerable number were captured before she arrived at a British colony.
The earliest intelligence respecting the Shenandoah which reached Her Majesty's government was received from Her Britannic Majesty's consul at Teneriffe. Up to that time (that is, until the 12th November, 1861, five weeks after she left London) no representation respecting her bad been made by Mr. Adams, and no information about her had been conveyed to or come into the possession of Her Majesty's government.
Immediately on the receipt of the British consul's report, and before any representation had been made or information furnished by the minister of the United States, Her Majesty's government took the opinion of its legal advisers on the question whether legal proceedings could be instituted against Corbett, the master of the ship, for his share in the transaction, and the master was, in fact, indicted and brought to trial, but was acquitted by the jury, the evidence as to his acts being doubtful and conflicting.
The commander of the Shenandoah on arriving in the port of Melbourne addressed to the governor an applicatiou in writing, stating that she was a steamer belonging to the Confederate States, and asking for permission to make necessary repairs and obtain necessary supplies of coal. Permission was granted to him to remain in the waters of the colony a sufficient time for receiving the provisions and things necessary for the subsistence of the ship's crew, and for effecting needful repairs. The commissioner of trade and customs for the colony was at the same time instructed to take every precaution in his power against the possibility that her commander might attempt to augment her armament in any degree, or to render the armament which she possessed more effective. The officers of the government were directed to attend to this, and to furnish daily reports of the progress made with the repairs and provisioning of the ship. Competent persons were appointed to ascertain whether repairs were really necessary and to report to the governor on the subject, and these persons reported that she was not in a fit state to go to sea, and that repairs were necessary, for which the vessel would have to be placed on a slip. The slip, though the property of the colonial government, was not under its control, but under that of a private person to whom it had been leased by the government.
Permission to land from the vessel stores which she did not require for use was asked, but refused by the governor, on the advice of his law-officers.
The commander of the ship was required to fix the earliest day on which she would be ready to sail, and to take his departure on the day so fixed; and she departed accordingly.
Three persons discovered to have gone on board the ship for the purpose of joining her crew were prosecuted and brought to trial. Two
were punished, the third released without punishment by reason  of his youth. A fourth was discharged, being found to *be an
American.' These were the only persons who could be ascertained, before she left Melbourne, to have joined or attempted to join her; and her commander gave his word in writing, as commander of the ship, that there were no persons on board of her except those whose names were on the shipping articles; that no one had been enlisted in the service of the Confederate States since his arrival, and that he had in no way violated the neutrality of the port.
It was not the duty of the colonial government to seize or forcibly search the Shenandoah while in the waters of the colony, nor could it hare done so without transgressing the rules of neutrality and the settled practice of nations.
No personal communication took place between the governor and the commander of the ship while she remained in the waters of the colony.
The discovery having afterward been made that, notwithstanding the vigilance exercised by the officers of the colonial government, persons had been secretly put on board the ship during the night preceding her departure, notice of this was sent by the governor toʻthe governors of the other Australian colonies and of New Zealand.
Her Britannic Majesty having subsequently received reports, which appeared to be worthy of credit, to the effect that the Shenandoah was continuing to capture and destroy merchant-vessels after her commander had been informed of the cessation of the civil war, gave directions that she should be seized in any port of Her Majesty's colonial possessions, or on the high seas, and should be delivered over to officers of the United States. But the truth of these reports was positively denied by her commander on his arrival at Liverpool, and Her Majesty's government has no reason to believe that the denial was untrue.
On arriving at Liverpool the vessel was secured by the officers of the government, and was handed over to the Government of the United States, on the express request of Mr. Adams.
The crew were detained on board for some days by the officers of the government. No evidence being within that time given, offered, or discovered against any of them, they were at the end of it suffered to land and disperse. More than six months had at this time elapsed since the end of the civil war.
The Shenandoah was at sea during more than twelve months, from the time at which her cruise began. She was never, so far as Her Majesty's government is aware, encountered or chased by a United States ship of war, and no endeavor to intercept or capture her appears to have been made by the Government of the United States.
Her Britannic Majesty's government denies that, in respect of the Shenandoah, there was on its part any failure of international duty for which reparation is due from Great Britain to the United States.