On the 12th November the Shenandoah captured the ship Kate Prince, of 995 tons burden, Libbey, master. The Kate Prince belongs to Portsmouth, New Hampshire, and was on her passage from Cardiff to Bahia, with a cargo of coal. She was captured in latitude 2o 30' north and longitude 28° 30' west, and, having been compelled to give bonds in the sum of $40,000, was allowed to continue her voyage. These five vessels were all American. The officers and crew were at first transferred to the Shenandoah; afterward, as opportunity offered, a part were sent to Bahia on the Kate Prince, a part to this port on the Danish brig Anna Jans, from New York, and the rest, so far as heard from, had been retained on the Shenandoah. Of these last, some by threat and promises had been induced to engage in the piratical service.

In another instance a vessel not under our flag narrowly escaped destruction. The Argentine bark Adelaide, Williams, master, bound from Baltimore to this city, was boarded by officers of the Shenandoah on the 12th November, in latitude 1° 46′ and longitude 29° west. The Adelaide was consigned to Phipps, Brothers & Co., of this city. It was at first decided to burn her, and straw and tar had been brought for this object. This purpose, however, was finally abandoned, and the pirates, after having opened letters, destroyed furniture, and committed other outrages, retired on board the Shenandoah, carrying a part of the provisions of the bark with them. Captain Williams states that the commander of the Shenandoah declared he would hereafter burn all cargoes belonging to American owners, by whatever flag they might be covered.

The following statement in regard to the Shenandoah is made by shipmasters whe have been prisoners on board of her:

The Shenandoah is a steamship of 1,100 tons burden and 250 horse-power. She carries a battery of four 68-pounders and two 12-pounders, all smooth bore, and two 32-pounders, rifled. She was formerly called the Sea King, and belonged to the steam company trading between London and Bombay and Calcutta. She was built by Stevens & Sons, of Glasgow, in 1863, and makes eleven miles an hour. She has fortythree men, nearly all English, besides the officers. She cleared from London for Bombay in September of this year.

On the 27th instant the Anna Jans brought into this port the following officers and seamen of the Alina and D. Godfroy, who, being in a very destitute condition, applied to this consulate for assistance:

From the Alina-Everett Staples, niaster; J. F. Peterson, first officer; M. H. Staples, second officer; G. A. Stinson, seaman.

From the D. Godfroy-Samuel W. Hallett, master; R. L. Taylor, first officer; Charles F. Brown, second officer; Joseph James, seaman.

I offered assistance to the officers simply as seamen, in accordance with section 211 of my instructions.

As this dispatch will be retained until the sailing of the English packet on
[504] the 9th *December, it will be supplemented by any further information which
I may obtain in regard to the movements of the Shenandoah.
I have, &c.,

(Signed)

P. S. December 8.—I have no information in regard to the Shenandoah.

JAMES MONROE.

J. M.

[Inclosure 2 in No. 23.]

Statement of American vessels sold to British subjects from 1858 to 1864, inclusive.

TREATY OF WASHINGTON.

Statement of American vessels sold to British subjects, &c.—Continued.

DOWNING STREET, April 17, 1865. (Received April 18.) SIR: I am directed by Mr. Secretary Cardwell to transmit to you, for the consideration of Earl Russell, copies of the dispatches noted in the margin, from Governor Sir C. Darling, reporting on the proceedings connected with the visit to the port of Melbourne of the Confederate States steamer Shenandoah. I am to observe that if Earl Russell considers that any instructions should be issued to Sir Charles Darling for his future guidance under similar circumstances, those instructions should be sent to him by the mail of the 26th instant.

I am, &c.,
(Signed)

T. FREDK. ELLIOTT.

[Inclosure 1 in No. 24.]

Further report

Governor Sir C. Darling to Mr. Cardwell,

GOVERNMENT HOUSE, Melbourne, February 23, 1865.

SIR: In my dispatch of the 26th ultimo I informed you that the Shenandoah, an armed vessel in the service of the Confederate States of America, had from Governor Sir anchored in Hobson's Bay on the preceding day, and that the officer in command, claiming the privilege of a belligerent, had requested permission to take in supplies and effect necessary repairs.

C. Darling.

2. By a telegram dispatched on the 27th, via Adelaide and Suez, I further apprised you that I had given permission to the officer in command to repair machinery and take coals and supplies under the conditions prescribed by Her Majesty's instructions. 3. I have now the honor to acquaint you that the Shenandoah left Hobson's *Bay on the 18th instant, and passed through the heads of Port Philip at noon on that day.

[505]

4. I regret to state that her visit to this colony has not been free from occurrences which will probably form the subject of representation to Her Majesty's government by the governments of both the United States and the Confederate States. It therefore becomes my duty to put you in possession of the details of the transactions referred to, transmitting at the same time copies of the correspondence which has passed, and of all the documents connected with the case.

5. I beg leave to inclose accordingly—

(1.) Copies of letters addressed to me by the consul of the United States, accom panied by depositions and statements, alleging that the Shenandoah is not entitled to be considered as a cruiser in the confederate service; but that she is in effect a pirati cal vessel, and ought to have been seized by the local government as such, together

with copies of the replies sent to the consul by my direction, and of the opinions of the Crown law-officers of this colony, upon which some of these replies are based.

(2.) Copy of the minutes of the executive council in relation to the Shenandoah, embracing all the questions which have arisen with respect to that vessel; it having appeared to me that, under the seventh clause of the royal instructions, I was bound to consult with the council, although the case be one of an international and imperial, rather than of a colonial character.

(3.) Copies of an instruction from me to the commissioner of trade and customs, and of the reports addressed to me in consequence, respecting the progress of the repair and provisioning of the Shenandoah.

(4.) A copy of the lease under which the patent slip on which the Shenandoah was placed, and which is the property of the government, is at present held by a private individual, and is therefore not under the control of the government, during the currency of that lease.

(5.) Copies of the evidence taken before the magistrates, in reference to a charge brought against certain subjects of Her Majesty, for a violation of the "foreign-enlistment act," which resulted in the committal of the parties charged, to take their trial before the supreme court.

(6.) Copy of an article which appeared in the Argus newspaper of the 18th instant.

6. The minutes of the executive council are accompanied by copies of the correspondence which has passed between Lieutenant Waddell, the commander of the Shenandoah, and the commissioner of trade and customs, who, being the minister charged with the conduct of all business connected with the shipping and marine generally, is, I consider, the proper "officer of the colonial government through whom any notice or direction conveyed by the governor's authority to the commander of any foreign vessel should be conveyed," as enjoined in the Duke of Newcastle's circular dispatch of the 28th March, 1863. Copies of all other documents which I brought under the consideration of the council are also attached to those minutes, a reference to which will, I think, sufficiently elucidate the brief narrative which I am about to submit.

7. Having, in conformity with the intimation to that effect contained in my dispatch of the 26th ultimo, convened the executive council on that day, I consulted with them as to the course to be adopted in reference to Lieutenant Waddell's application, a copy of which I transmitted with that dispatch, (see also inclosure 37, page 510.) As the result of this consultation, the letter dated the same day (inclosure 39, page 512) was addressed to Lieutenant Waddell by the commissioner of trade and customs. It conveys my authority, as governor of the colony, to make necessary repairs and take supplies, calling at the same time the attention of Lieutenant Waddell to the conditions imposed by Her Majesty's procla mation and instructions for the observance of neutrality, and requesting him to furnish certain information in order to enable me to determine what number of days it might be proper that his ship should remain in port.

Shenandoah allowed to make repairs.

servance of neutral

8. The correspondence between Lieutenant Waddell and the commissioner of trade and customs at pages 639, et seq., will show the circumstances under which a delay of several days, viz, to the 7th instant, took place before repairs of the Shenandoah were actually put in hand. It will be seen also from the Precautions for obcorrespondence (page 642) that the local government was not only careful strictly to observe the neutrality by declining to permit the use of any of its property and appliances in the prosecution of the repairs, but thought it necessary to correct a misapprehension into which Lieutenant Waddell appeared to have been led, that the patent slip on which his vessel was about to be placed was under the control of the executive.

ity.

9. A week then elapsed, during which the vessel was taken on the slip, and her [506] *repairs commenced. Of the progress of these repairs you will perceive by inclosure 90 (page 529) that I received reports every day. On the 14th instant the Shenandoah, having then been on the slip six days, Lieutenant Waddell was again asked (commissioner of trade and customs' letter of 14th February, page 643) whether he could state more definitely when he would be in a position to proceed to sea, in reply to which application he informed the government that the ship would probably be launched at 4 a. m. the following morning, the 15th, and be ready to proceed to sea on the 19th instant, (page 643.)

10. About this time the United States consul, among other representations respecting the Shenandoah, alleged, in communications made both to me and to the attorney general (see inclosure 29, page 606) that the crew of that vessel was being augmented by the enlistment of British subjects, and furnished sworn declarations in support of his allegation.

11. The attorney general, pursuing the usual course, and the only course, I conceive, which, under the circumstances, he could have pursued with a due re- Alleged enlistment gard to the grave responsibilities of his office, directed these declarations of British subjects. to be brought before a magistrate. The result was the issue of a war

a man.

Warrant issued rant (a copy of which will be found in inclosure 92, page 536) for the for apprehension of apprehension, among others, of a man described under the name of Charley, upon a charge of violating the foreign-enlistment act and Her Majesty's proclamation of neutrality. The report of Superintendent Commander of Lyttleton, of the police force, (inclosure 73, page 524,) contains a stateShenandoah refuses ment of the results of his endeavors to ascertain whether Charley was to allow search. on board of the Shenandoah, and if so, to secure his apprehension. It will be perceived that Superintendent Lyttleton states that, on the evening of the 13th the lieutenant in charge, and subsequently, on the morning of the 14th, Lieutenant Waddell himself, refused to allow any attempt to be made to execute the warrant, the latter declaring that he would fight his ship rather than permit such a course; while, at the same time, he solemnly and positively affirmed that, on his word of honor as an officer and a gentleman, he had not any one on board, nor had he engaged any one, nor would he while he was here, (see Superintendent Lyttleton's letter, inclosure 73, page 524.)

12. Additional evidence had meanwhile accumulated in the possession of the government, to the effect that the four men in question were on board the Shenandoah, and it was stated by more than one member of the executive council present at the board on the 14th instant, and competent to pronounce an opinion in such a matter, that if the ship should be launched at 4 o'clock the next morning, she might easily proceed to sea in a few hours, her supplies being dispatched in another vessel (if such a course were found necessary) and taken on board outside Port Phillip on the high seas.

13. The right of the government to insist upon ascertaining whether Charley was on board the Shenandoah, and if so, upon the execution of the warrant for his apprehension, was discussed, the Crown law-officers being in their places at the council-board; and considered by the majority of the council, including those officers, to be doubtful.

14. I nevertheless felt that I was bound to make every effort which the lawful exercise of my authority as Her Majesty's representative would permit, to prevent the serious violation of the law, and of Her Majesty's proclamation, which I had much reason to apprehend was about to be committed under cover of international comity, and in the face of the strong remonstrances of the consular representative of the other belligerent, to whose prejudices such a violation would operate.

pair the vessel suspended.

15. I regarded the refusal of Lieutenant Waddell to permit the governor of the colony to satisfy himself whether one of Her Majesty's subjects, accused of an offense the very essence of which consisted in being on board the ship, and Lieutenant Waddell's command, was justly charged with that offense, as little accordant with the principles by which the conduct of a belligerent obtaining aid and assistance in the port of a neutral power should be governed. I conceived that we had every right to expect his assistance in the execution of our laws, under circumstances which rendered such assistance indispensable; and I felt that at any rate I should not be justified in allowing British subjects to aid Lieutenant Waddell in the completion of his vessel for sea, and thus supply the very means by which the offender would be placed altogether beyond the reach of the law. Therefore, with the advice of the council, I directed a letter to be addressed to Lieutenant Waddell (14th February, page 643) explanatory Permission to re of the grounds upon which I rested the application to be permitted to apprehend the offender, appealed to him in that letter to reconsider his decision; and apprised him that, pending his reply, I would suspend the permission which had been given to him to repair and take supplies, and' would warn Her Majesty's subjects accordingly. I issued at the same time a short proclamation or direction (inclosure 75, page 525) addressed to Her Majesty's subjects carrying this intimation into effect. [507] *16. Lieutenant Waddell's reply to this communication (page 644) is dated and was dispatched on the night of the same day, the 14th instant. He denies therein that the execution of the warrant was refused, because, as he again affirms, the person "Charley" sought to be apprehended was not on board-asserts the inviolability of the deck of a man-of war-declares that all strangers have been sent out of the shipand emphatically adds: "I therefore, as commander of this 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 in our 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."

When this letter was laid before me in council on the morning of the 15th instant, there were submitted at the same time reports from the police authorities (inclosures 79 and 80, page 527) stating the circumstances under which four men had been appre hended, after leaving the Shenandoah, on the previous night at an hour then alleged and since proved to have been somewhat earlier than that at which the letter from Lieutenant Waddell to the commissioner of trade and customs was dispatched, (see evidence of Constable Minto of the water police, page 539,) and that one The man appre- of these had been immediately identified as the person named Charley for whose apprehension the warrant had been issued, and who it had

hended.

been positively declared by the commander, and indirectly by his first lieutenant, was not on board the Shenandoah.

17. A letter from Lieutenant Waddell, (page 645,) alleging that his ship had been seized, and requesting to know whether I approved of that step, together with a representation from the lessee of the patent slip (inclosure 85, page 528) to the effect that the vessel would, in her position at that time, be greatly endangered in case of the wind increasing, of which there was great probability, were also brought under consideration.

Launch of the ves sel permitte L

18. There was no longer reason to believe that any person accused on sworn statements of violating the law were on board the Shenandoah, and I therefore determined, after fully advising with the council, to withdraw the prohibition against aiding and assisting, so far at least as the launching of the vessel was concerned. This step was taken in time to save the next tide, and the ship was launched in the course of the afternoon of the 15th. 19. There still remained the prohibition against aiding and assisting generally, and more than one of my advisers expressed a strong opinion that the commander of the Confederate States vessel had justly forfeited all claim to such aid and assistance in the harbors of this colony. On the other hand, it was to be remembered that the repairs of the vessel and her machinery had been completed; that her supplies of coal and provisions had been actually procured, in pursuance of the permission originally given, although they were not on board; and that such being the case, the prohibition to render assistance could only have the effect of retarding her departure, which, if there was no legal ground and authority for ultimately preventing, it was on every account desirable should be expedited as much as possible.

20. I decided therefore, with the concurrence of the council, to place matters in this respect upon their former footing, and accordingly revoked the direction of the day before by the issue of a document, a copy of which will be found at page 528, inclosure No. 86. I had less hesitation in taking this course, because the doubts entertained the day before by the Crown law-officers as to our right to apprehend offenders against the foreign-enlistment act if sworn information should be received that any such were still on board, were even more strongly expressed by those gentlemen on this occasion. But in thus relaxing the prohibition it was thought desirable that the state of the case, as it presented itself to the govornor and the executive council, and the grounds upon which their proceedings were based, having special regard to the publicity which would eventually be given to those proceedings, should be fully explained to Lieutenant Waddell, and the letter dated February 15 (page 645) was accordingly addressed to him.

21. To this letter he replied (page 646) on the 16th instant, by conveying to me his "appreciation and thanks for my observance of the rights of belligerents," affirming that the four men apprehended had been discovered after Explanations of the his letter of the 14th instant had been written, but concluding with the observation that he considered the tone of the letter of the commissioner of trade and customs remarkably disrespectful and insulting to his government, to whom he should take care to make it known.

commander.

22. This letter closed the correspondence with the government, and I have reason to believe that, from the day on which it terminated, the 16th instant, the utmost exer

tions were made to complete the Shenandoah for sea; that object being, as I [508] have already stated, accomplished on the 18th instant, when the Shenandoah left Port Phillip. It is, however, reported confidently that several men were taken on board before her departure and proceeded to sea in her; but upon this poiut I shall have the honor of addressing you in another dispatch.

Trial of the men

23. The cessation of communication with the government was followed, on the part of Lieutenant Waddell, by the adoption of other steps, of which it may, I conceive, at least be said, that they are very unusual on the part of an officer commanding a foreigu vessel of war, and claiming to represent his government in the waters of a friendly or neutral state. The four men who were apprehended after leaving the Shenandoah on the night of the 14th instant were brought before a arrested. magistrate on the 16th instant, charged with violating the foreign-enlistment act. One was discharged, being an American subject; two others (one of whom is Charley) were committed for trial; and the fourth was also similarly dealt with on the following day. On the 17th the proceedings before the magistrate on the previous day were published in the daily journals, and on the 18th there appeared in the Argus newspaper an article, giving publicity to statements purporting to have been made, and which I do not doubt were made, by officers of the Shenandoah to Lieutenant Waddell, in contradiction of the sworn evidence of some of the witnesses upon which the committals referred to had been made. The correspondence of Lieutenant Waddell with the government was also published in immediate sequence to these statements, together with the copy of a telegraphic message sent by the chief commissioner of police to Police Inspector Beaver, at Williamstown, on the 14th instant.

24. There is no room for doubt that this publication must have been made with the