It furnishes no grounds, in my opinion, for an alteration of the views respecting the presumed character of the ship Shenandoah, which have been already submitted to his excellency the governor by the law-officers of the Crown. (Signed) CROWN LAW-OFFICES, GEO. HIGINBOTHAM. February 16, 1865. [Inclosure 37 in No. 24.] Extract from the minutes of the council.-Minute 65, 6, of the proceedings on the 26th Permission granted January, 1865. His excellency acquaints the council that he has caused them to be specially summoned to consider a letter which he has received from the commander to the Shenandoah of the confederate steamer Shenandoah, that anchored in Hobson's Bay to make repairs and last evening, the letter having been brought to Toorak at a late hour land prisoners. by one of the officers of the vessel. The letter, which was read, is as follows: "CONFEDERATE STEAMER OF WAR SHENANDOAH, "Port Phillip, January 25, 1865. "SIR: I have the honor to announce to your excellency the arrival of the Confederate States steamer Shenandoah, under my command, in Port Philip this afternoon, [511] and also to *communicate that the steamer's machinery requires repairs, and that I am in want of coals. I desire your excellency to grant permission that I may make the necessary repairs and supply of coals to enable me to get to sea as quickly as pos sible. I desire also your excellency's permission to land my prisoners. I shall observe the neutrality. "I have, &c., "JAMES J. WADDELL, "Lieutenant Commander. "His Excellency Sir CHARLES HENRY DARLING, K. C. B., Captain General, Governor-in-Chief, and Vice-Admiral, Melbourne.”" 66 His excellency states to the council that he informed the bearer that the subject of the letter should receive his early attention on the following morning, and that he would communicate his decision to the commander as speedily as it might be convenient to do so. Dispatches from the right honorable the secretary of state, covering the Queen's procla mation of neutrality, and all instructions and orders which have, from time to time, been issued by command of Her Majesty, through the secretary of state, to the gover nors of Her Majesty's colonies and possessions, for their guidance during the continuance of hostilities on the North American Continent, as well as official correspondence and papers connected with the proceedings of the confederate steamship Alabama, at Her Majesty's colony of the Cape of Good Hope, are laid before the council and read by the clerk. After careful consideration of these instructions and papers, the council advise that the honorable the commissioners of trade and customs, writing in the name of his excellency, the governor, should acquaint the commander of the Shenandoah 1. That the vessel under his command will not be allowed to quit the anchorage in Hobson's Bay within twenty-four hours after any vessel belonging to the Federal States shall have left the port, and further inform him, that in case he should infringe this rule, his government will be held responsible by that of Great Britain for violating the neutrality of British waters. 2. That the commander of the Shenandoah be requested to communicate to the government of Victoria the nature and extent of the repairs of which he states his vessel to be in need; and that he be informed that permission will be granted for the Shenandoah to remain in the waters of the colony a sufficient time to receive the provisions or things necessary for the subsistence of her crew-but not beyond what may be necessary for immediate use-and to effect her repairs; and that when the government of Victoria are in possession of the nature and extent of the supplies and repairs which are necessary, the commander of the Shenandoah will then be informed of the time which his vessel will be permitted to remain in the waters of the colony. 3. That in reply to the part of his letter which refers to prisoners, the commander of the Shenandoah be requested to communicate to the government of Victoria the names of the prisoners, and any other particulars relating to them which he may be willing to supply. His excellency, concurring with the advice which has been tendered to him, directs the honorable commissioner of trade and customs to address the commander of the Shenandoah in the above recited terms. The council further advise his excellency to authorize a communication being made to the United States consul at Melbourne, informing him of the application which has been made by the commander of the Shenandoah for permission to land prisoners, aud stating that the government are desirous of knowing whether the consul will undertake to receive and provide for them. A true extract. J. H. KAY, Clerk of the Council. *[Inclosure 38 in No. 24.] Lieutenant Commander Waddell to Governor Sir C. Darling, January 25, 1865. [See page 639.] [512] [Inclosure 39 in No. 24.] Mr. Francis to Lieutenant Commander Waddell. Precautions for observance of neu trality. DEPARTMENT OF TRADE AND CUSTOMS, MELBOURNE, January 26, 1865. SIR: I am directed by His Excellency Sir Charles Darling to acknowledge the receipt of your letter of the 25th instant, acquainting his excellency with the arrival of the Confederate States steamer Shenandoah, under your command, in Port Phillip, and intimating that the machinery of the steamer requires repairs, and that you are in want of coals. In the communication under acknowledgment, you request his excellency to grant permission to make the necessary repairs, and to obtain a supply of coals, and, further, to be allowed to land your prisoners. In reply, I have received the instructions of Sir C. Darling to state that he is willing to allow the necessary repairs to the Shenandoah, and the coaling of the vessel being at once proceeded with, and that the necessary directions have been given accordingly. I am at the same time to furnish, for your information, the accompanying extracts of orders issued by Her Majesty's government,' and publicly notified in the "Government Gazette" of this colony on the 17th March and 24th April, 1862, with respect to armed vessels, whether belonging to the United or Confederate States of North America, with which it is requisite for you to comply. In conformity with the terms of the foregoing commands, I am to request that you will be good enough, at your earliest convenience, to intimate to me, for the information of his excellency, the nature and extent of your requirements as regards repairs and supplies, in order that Sir C. Darling may be enabled to judge of the time which it may be necessary for the vessel under your command to remain in this port. With reference to your request regarding certain prisoners, his excellency desires to be furnished with a list of the prisoners in question, and any other information affecting them which you may be able to afford. I have, &c. (Signed) JAS. G. FRANCIS, Commissioner of Trade and Customs. Maintenance of Neutrality. DOWNING STREET, January 16, 1862. In order to cause that nentrality to be effectually respected throughout the Queen's dominions, Her Majesty has directed (in accordance with a long-established European 1 Extracts from "Government Gazette " of March 17 and April 24, 1862. practice) that no ship of war, privateer, or other armed vessel belonging to either of the belligerents which shall anchor in any British port shall be allowed to quit her anchorage within twenty-four hours after any vessel belonging to the adverse belligerent, whether armed or unarmed, shall have left the same port. In order to give effect to her Majesty's orders, I am to desire that, on the arrival of any such armed vessel in any port or roadstead within your government, you will notify this rule to her commander, and will inform him that, in case he should infringe it, his government will be held responsible by that of Great Britain for violating the neutrality of British waters. I have, &c. Governor Sir H. BARKLY, &c., &c., &c. NEWCASTLE. DOWNING STREET, February 1, 1862. SIR: I inclose, for your guidance, the copy of a letter which I have received from Lord Russell, from which you will learn Her Majesty's pleasure on various matters connected with the hostilities which are now carried on between the States of North America which have seceded from the Union and those which adhere to it. You will not fail to conform exactly to Her Majesty's commands. I have, &c., (Signed) The OFFICER ADMINISTERING THE GOVERNMENT OF VICTORIA. NEWCASTLE. [513] *Earl Russell to the Duke of Newcastle. FOREIGN OFFICE, January 31, 1862. MY LORD DUKE: Her Majesty being fully determined to observe the duties of neutrality during the existing hostilities between the United States and the States calling themselves the Confederate States of America, and being moreover resolved to prevent, as far as possible, the use of Her Majesty's harbors, ports, and coasts, and the waters within Her Majesty's territorial jurisdiction, in aid of the warlike purposes of either belligerent, has commanded me to communicate to your grace, for your guidance, the following rules which are to be treated and enforced as Her Majesty's orders and directions. Her Majesty is pleased further to command that these rules shall be put in force in the United Kingdom and in the Channel Islands on and after Thursday, the 6th day of February next, and in Her Majesty's territories and possessions beyond the seas six days after the day when the governor or other chief authority of each of such terri tories or possessions respectively shall have notified and published the same, stating in such notification that the said rules are to be obeyed by all persons within the same territories and possessions. 1. During the continuance of the present hostilities between the Government of the United States of North America and the States calling themselves the Confederate States of America, or until Her Majesty shall otherwise order, no ships of war or privateers belonging to either of the belligerents shall be permitted to enter or remain in the port of Nassau, or in any other port, roadstead, or waters, of the Bahama Islands, except by special leave of the lieutenant governor of the Bahama Islands, or in case of stress of weather. If any such vessel should enter any such port, roadstead, or waters, by special leave, or under stress of weather, the authorities of the place shall require her to put to sea as soon as possible, without permitting her to take in any supplies beyond what may be necessary for her immediate use. If, at the time when this order is first notified in the Bahama Islands, there shall be any such vessel already within any port, roadstead, or waters, of those islands, the lieutenant governor shall give notice to such vessel to depart, and shall require her to put to sea within such time as he shall, under the circumstances, consider proper and reasonable. If there shall then be ships of war or privateers belonging to both the said belligerents within the territorial jurisdiction of Her Majesty, in or near the said port, roadstead, or waters, the lieutenant governor shall fix the order of time in which such vessels shall depart. No such vessel of either belligerent shall be permitted to put to sea until after the expiration of at least twenty-four hours from the time when the last preceding vessels of the other belligerent (whether the same shall be a ship of war, or privateer, or merchant-ship) which shall have left the same port, roadstead, or waters, adjacent thereto, shall have passed beyond the territorial jurisdiction of 2. During the continuance of the present hostilities between the Government of the If any ship of war or privateer of either belligerent shall, after the time when this 4. No ship of war or privateer of either belligerent shall hereafter be permitted, I have, &c., RUSSELL. In conformity with Her Majesty's commands all civil and military officers, and all The said rules will take effect upon the expiration of six days from this date. (Signed) CHIEF SECRETARY'S OFFICE, Melbourne, April 24, 1862. JOHN O'SHANASSY, Chief Secretary, " [Inclosure 40 in No. 24.] Mr. Francis to Mr. Blanchard. CUSTOM-HOUSE, Melbourne, January 26, 1865. SIR: I am desired by his excellency the governor to inform you that an application has been made to land certain prisoners from the confederate steamer Shenandoah, now in this port, and I am to request that you will be good enough to inform me, for the information of Sir Charles Darling, whether you are willing to undertake to receive and provide for, on behalf of the government which you represent, the prisoners above referred to. I am to request the favor of an early reply to this communication. I have, &c., JAS. G. FRANCIS, Commissioner of Trade and Customs. [Inclosure 41 in No. 24.] Extract from the minutes of the council.-Minute 65, 7, of the proceedings on the 30th of January, 1865. At the close of the ordinary business of the council the honorable the commissioner Permission to of trade and customs submits to his excellency a communication from make repairs. the commander of the Shenandoah, dated 28th January, 1865-in reply [515] to the letter *which was addressed to him on the 26th instant-in which Lieutenant Waddell states that he has not been able up to the present time to inform the government of the extent of the repairs which are required to be made to his vessel, and expressing his fear that the damages will prove to be more serious than he had anticipated, but that as soon as a diver, whom he has employed for the purpose, has been able to inspect the screw-shaft below water, he will lose no time in communicating with them. This letter was, shortly afterward, followed by another from Messrs. Langlands, Brothers & Co., of the Port Phillip foundery, and dated the 30th January, addressed to Lieutenant Waddell, which that officer indorsed, as forwarded to the honorable the commissioner of trade and customs, for the information of the governor, and with a request that it might be returned. In this letter Messrs. Langlands report that it was absolutely necessary to put the vessel on the government slip, as, after inspection by the diver, he reports the lining of the outer sternbush to be entirely gone and requires to be replaced, and that, as three days more will elapse before the vessel can be slipped, Messrs. Langlands state they will not be able to accomplish the repairs within ten days from the date of their letter. After considering these letters, the council advise his excellency to authorize another communication to be addressed to the commander of the Shenandoah, drawing his attention to the circumstance that he had not as yet replied to the request for information as to the nature of the supplies of which he states he is in need for the subsistence of his crew, nor had he furnished the list of the prisoners on board; and that he be further informed that the governor had appointed a board of practical men to examine the Shenandoah, and report whether that vessel is in a fit state to proceed to sea, or whether any, or if any, what repairs are necessary. For this purpose his excellency appoints Mr. C. B. Payne, secretary naval survey board; Mr. Douglas Elder, superintendent marine yard; and Mr. Alexander Wilson, government engineer, to be a board to proceed on board the Shenandoah, and report accordingly. United States consul. His excellency then lays before the council three letters which have been addressed to him by the United States consul at Melbourne, dated respectively Complaint of the the 26th, 27th, and 28th of January, 1865, protesting against the rights of a belligerent being granted to the Shenandoah; and further protesting against the aid, and comfort, and refuge now being extended to that vessel. Having referred these letters to his legal advisers, his excellency received from them the following opinion: "We have the honor to acknowledge the receipt of three letters addressed to his excellency the governor by the consul of the United States of America, dated respectively the 26th, 27th, and 28th instant. The law-officers ad vise that the Shenandoah is a ship of war. "We are of opinion that there is no evidence of any act of piracy committed by any person on board the vessel called the Shenandoah. This vessel purports to be, and we think she should be treated as, a ship of war belonging to a belligerent power." (Signed) "JANUARY, 30, 1865." "ARCHD. MICHIE, "Crown Law-Officers. |