Lapas attēli

so far as the materials at hand from the official reports of the two gov. ernments can supply the information.

I trust that it will be needless for me to do more than to point out to your lordship the inference deducible from this statement, to wit: That the United States commerce is rapidly vanishing from the face of the ocean, and that that of Great Britain is multiplying in nearly the same ratio. Furthermore, it is my painful duty to suggest that this process is going on by reason of the action of British subjects, in co-operation with emissaries of the insurgents, who have supplied from the ports of Her Majesty's Kingdom all the materials, such as vessels, armament, · supplies, and men, indispensable to the effective prosecution of this result on the ocean. So far as I am aware not a single vessel has been engaged in these depredations excepting such as have been so furnished. Unless, indeed, I might except one or two passenger-steamers belonging to persons in New York, forcibly taken possession of while at Charleston in the beginning of the war, feebly armed and very quickly rendered useless for any aggressive purpose. It may, then, on the face of this evidence, be fairly assumed as true that Great Britain, as a national power, is in point of fact fast acquiring the entire maritime commerce of the United States by reason of the acts of a portion of Her Majesty's subjects engaged in carrying on war against them on the

ocean during a time of peace between two countries. I deeply [502] regret to be constrained * to add that every well-meant effort of

Her Majesty's government to put a stop to this extraordinary state of things down to this time has proved almost entirely fruitless.

I would most respectfully invite your lordship to produce in the history of the world a parallel case to this of endurance of one nation of injury done to it by another, without bringing on the gravest of complications. That in this case no such event has followed, has been owing, in the main, to a full conviction that Her Majesty's government has never been animated by any aggressive disposition toward the United States; but, on the contrary, that it has steadily endeavored to dis. countenance and, in a measure, to check the injurious and malevolent operations of many of her subjects. But, while anxious to do full justice to the amicable intentions of Her Majesty's minister, and on that account to forbear from recourse to any but the most friendly and earnest appeals to reason and to their sense of justice for the rectification of these wrongs, it is impossible to resist the conviction that heretofore their measures, however well intended, have never proved effective to remedy the evil complained of. Prompt to acquit them of any design, I am reluctantly compelled to acknowledge the belief that practically this evil had its origin in the first step taken, which never can be regarded by my Government in any other light than as precipitate, of acknowledging persons as a belligerent power on the ocean before they had a single vessel of their own to show floating upon it. The result of that proceeding has been that the power in question, so far as it can be entitled to the name of a belligerent on the ocean at all, was actually created in consequence of the recognition, and not before ; and all that it has subsequently attained of such a position has been through the labor of the subjects of the very country which gave it the shelter of that title in advance. Neither is the whole case stated even now. The results equally show that the ability to continue these operations withi success during the whole term of four years that the war has continued, has been exclusively owing to the opportunity to make use of this granted right of a belligerent in the courts and the ports and harbors of the very power that furnished the elements of its existence in the outset. In other words, the Kingdom of Great Britain cannot but be regarded by the Government I have the honor to represent, as not only having given birth to this naval belligerent, but also as having nursed and maintained it to the present hour.

In view of these circumstances, I am instructed, while insisting on the protest heretofore solemnly entered against that proceeding, further respectfully to represent to your lordship that, in the opinion of my Gov. ernment, the grounds on which Her Majesty's government have rested their defense against the responsibility incurred in the manner hereinbefore stated for the evils that have followed, however strong they might hare heretofore been considered, have now failed by a practical reduction of all the ports heretofore temporarily held by the insurgents. Hence the President looks with contidence to Her Majesty's government for an early and effectual removal of all existing causes of complaint on this score whereby the foreign commerce of the United States may be again placed in a situation to enjoy the rights to which it is entitled on the ocean in peace and safety, free from annoyance from the injurious acts of any of lier Majesty's subjects, perpetrated under the semblance of belligerent rights.

I am further instructed to invite the attention of your lordship to another subject in this immediate connection. From the beginning of this war the armed vessels of Her Majesty have continued to enjoy full and free pratique in the waters of the United States. They have been welcomed in just the same friendly manner as has been heretofore customary when there was no exclusion of the same class of ships of the United States from the waters of Great Britain. It is the opinion of the President that the time has come when it may be asked, and not only with strict right, but also with entire comity, when the reciprocity in these hospitalities is to be restored. It is the expectation that the naval force of the United States in European waters will be augmented on or about the beginning of next month, when this question may be. come of some interest. I am therefore directed to solicit information from your lordship as to the reception which those vessels may expect in the ports of this kingdom.

I pray, &c.,



*[inclosure 1 in No. 23.)
Ur. Mowroc to Ur. Stuard.

Rio de Janeiro, November 29, 1864. Sir: I am pained to be compelled to report to the Department that a new piratical steamer, called the Shenandoah, commanded by James W. Waduell, is engaged in destroying our merchant-Vessels near the equator, on the highway of communication between the United States and the ports of South America. The facts presented below were obtained in part from protests recorded at this ottice by the masters of the Aliva and the D. Godfroy, and in part from statements published in the Brazilian newspapers, and believed to be reliable.

The bark Alina, Staples, master, of 573 tons burden, sailed from Newport, England, on the 6th October, with a cargo of railroad iron, bound for Buenos Ayres. Having reached latitude 16° 40' north and longitude 26° 45' west, she was captured and sunk on the 29th October by the Shenandoah. The schooner Charter Oak, from Boston, bound for San Francisco, was captured and destroyed by the same pirate on the 5th November, in latitude 7° north, longitude 27° 3' west.

On the 7th November the bark D. Godfroy, Hallett, master, from Boston, of 300 tons burden, bound for Valparaiso, with general cargo, was captured and burned by the Shenandoah in latitude 6° 25' north and longitude 27° 15' west. On the 10th of November, in latitude 4° 30' north and longitude 26° 40' west, the brig Susan, of New York, bound from Cardiff to Rio Grande, was also destroyed by the same steamer.


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 20 30' north and longitude 28° 30' west, and, having been compelled to give bonds in the sum of $10,000, 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, bad 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 who 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 ivstructions.

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.,

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

J. M.

(Inclosure 2 in No. 23.)
Statement of American ressels sold to British subjects from 1858 to 1864, inclusive.

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Statement of American ressels sold to British subjects, 8c.-Continued.

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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)


[Inclosure 1 in No. 24.)

Gorernor Sir C. Darling to Mr. Carduell.

Further report

C. Darling.

GOVERNMENT HOUSE, Melbourne, Februury 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 trom 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 per. mission to take in supplies and effect necessary repairs.

2. By a telegram dispatched on the 27th, via Adelaide and Suez, I further appriser 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 (505) * Bay on the 18th instant, and passed through the heads of Port Philip at noon

on that day. 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, transmittiug 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, accompanied 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 piratical vessel, and ought to have been seized by the local government as such, together


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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, con vened 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 Shenandoah altrade and customs. It conveys my authority, as governor of the colony, para to inake necessary repairs and take supplies, calling at the same time the attention of Lieutenant Waddell to the conditions imposed by Her Majesty's proclamation 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.

8. The correspondence between Lieutenant Waddell and the commissioner of trado 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 correspondence (page 642) that the local government was not only care- its ful 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.

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 in

closure 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 detinitely when he would be in a position to proceed to sea, in reply to which application be 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 ou 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, pursning the usual course, and the only course, I conceive, which, under the circumstances, he could have pursued with a die regard 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

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Alleged enlistment

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