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* No. 29.

The secretary to the admiralty to Mr. Hammond.

ADMIRALTY, May 22, 1865. (Received May 22.) SIR: I am commanded by my lords comunissioners of the admiralty to transmit herewith, for the information of Earl Russell, a copy of a letter dated the 7th March last, from Commodore Sir W. Wiseman, and of its inclosure from the governor of Victoria, respecting the confederate vessel of war Shenandoah.

I am, &c.,
(Signed)

W. G. ROMAINE.

[Inclosure 1 in No. 29.)

Commodore Sir I. Miseman to the secretary to the admirally.

CURAÇOA, Auckland, New Zealand, Varch 7, 1865. SIR: I have the honor to transmit herewith, for the information of the lords commissioners of the admiralty, a copy of it letter I have received from the Commissioner llenry B. King, vaval agent, attached to the peninsular and oriental steamer Bombay, informing me of the arrival in Hobson's Bay of the Confererate States man-of-war steamer Shenandoah; likewise a copy of one received from his excellency Sir Charles Darling, the governor of Victoria, on the same subject.

2. The New Zealander, local paper, of the 6th instant, publishes, under the head of Australian telegrams, that the Shenandoah bad been seized by the Victorian government for a breach of the foreign-enlistment act, but as this appears to have occurred some time before the Australian mail of February left for England, their lordships, I have no doubt, will have been made acquainted with the whole subject long before receiving this. I therefore refrain from entering into particulars, as I have received no official intimation from any one on the matter.

I have, &c.,
(Signed)

W. S. WISEMAN.

(Inclosure 2 in No. 29.)

Governor Sir C. Darling to Commodore Sir 11. Miscman.

:

GOVERNMENT OFFICES, Melbourne, February 6, 1865. Sir: I do myself the honor to acquaint you that a screw-steamer, described by the officer in charge as an armed vessel in the service of the so-styled Confederate States of North America, and called the Shenandoah, anchored in Ilobson's Bay on the 25th ultimo, and claimed the privileges accorded to a belligerent by Her Majesty's proclations and instructions.

2. Leave to effect necessary repairs and to take supplies of coals and provisions, under the conditions prescribed by Her Majesty, has been granted by me to the commander, Lieutenant Waddell, and it is believed that the Shenandoah will leave this anchorage about the 10th instant. It is reported that her cruising-ground will be off the shores of New Zealand, with the object of intercepting United States whalers.

3. The Shenandoah carries eight guns, said to be rifled Whitworths, and her crew of officers and men is stated to be ninety-eight. She is said to be identical with the British-built ship Sea King, not long since employed in these seas in Her Majesty's trausport service.

I have, &c.,
(Signed)

C. H. DARLING.

(565)

No. 30.

Sir F. Rogers to JIr. Hammond.

DOWNING STREET, May 31, 1865. (Received June 1. SIR: I am directed by Mr. Secretary Cardwell to transmit to you, for the consideration of Earl Russell, copies of three dispatches from the governor of Victoria ; the first inclosing copies of letters addressed by Sir C. Darling to the governors of the other Australian colonies, and to Commodore Sir W. Wiseman, respecting the violation of neutrality by the captain of the Shenandoah; the second and third transmitting correspondence with the American consul, and reporting the proceedings be. fore the magistrates in the case of certain British subjects charged with breaches of the foreign-enlistment act.

I have, &c.,
(Signed)

FREDE
FREDERIC ROGERS.

(luclosure 1 in No. 30.)

Governor Sir C. Darling to Ur. Carduell.

GOVERNMENT HOUSE, Melbourne, March 16, 1865. Sir: With reference to previous dispatches on the subject of the ship Shenandoah, I have the honor to inclose, for your information, copies of two letters, one of which I addressed to the governors of the other Australian colonies, aud the other to Commodore Sir William Wiseman, commanding on the station.

I have, &c.,
(Signed

C. H. DARLING.

(Inclosure 2 in No. 30.]

Gorernor Sir C. Darling to governors of Australian colonies and New Zealand.

Letters from Gov.

Antra.

perting recruiting at Meltourne.

GOVERNMENT HOC'SE, Melbourne, February 27, 1:0). Sir: I consider it my duty to jolace your excellency in possession of the accompans

ing correspondence and other doenments comected with the proceederuor sir c. Darling ings of the commander of the Confederate States vessel Shenandoah, to commodate and while laying in Hobson's Bay, for the purpose of having necessary reTian colonies, re pairs effected and taking in supplies, under permission granted by me

in accordance with the conditions prescribed by Her Majesty's proclama

tion and instructions for the observance of neutrality. 2: I have also the honor to forward copies of letters from the chief commissioner of police in Victoria, accompanied by reports and statements which leave no doubt that the neutrality has been flagrantly violated by the commander of the Shenandoah, who, after having assured me of his intention to respect it, and pleaded the privilege of a belligerent ship of war to prevent the execution of warrants under the foreign-enlist ment act, nevertheless received on board his vessel, before he left the port on the 11th instaut, a considerable number of men destined to augment the ship's company.

3. I have thought it right to communicate to your excellency this information, in the event of Lieutenant Waddell or any of his officers hereafter claiming the privileges of a belligerent in any port of the colony under your government.

I bave, &c.,
(Signed)

C. H. DARLING,

(Inclosure 3 in No.30.1

Governor Sir C. Darling to Commodore Sir W. Wiseman.

:

GOVERNMENT HOUSE, Melbourne, February 27, 1865. Sir: I consider it my duty to place you in possession of the accompanying correspondence and other documents connnected with the proceedings of the commander of the Confederate States vessel Shenandoah, while lying in Hobson's Bay for the purpose of having necessary repairs effected and taking in supplies under permission granted by me in accordance with the conditions prescribed by Her Majesty's proclamation and

instructions for the observance of neutrality. (566] *2. I have also the honor to forward copies of letters from the chief commis

sioner of police in Victoria, accompanied by reports and statements which leave no doubt that the neutrality has been flagrantly violated by the commander of the Shenandoah, who, after having assured me of his intention to respect it, and pleaded the privilege of a belligerent ship of war to prevent the execution of warrants under the foreign-enlistinent act, nevertheless received on board his vessel before he left the port on the 18th instant a considerable number of men destined to augment his ship’s company:

3. I beg further to acquaint you that the bark Maria Ross left Hobson's Bay on the 18th instant, with a considerable number of men on board, having cleared' for Camden Harbor, on the northwest coast of Australia. It is confidently believed that these men are intended to augment the crew of the Shenandoah.

4. Under any circumstances I should have thought it right to communicate to you information of this nature, but I consider it more particularly incumbent upon me in the present case, having regard to the tenor of the concluding paragraph of the secretary of state's circular dispatch of the 16th January, 1862, although that dispatch relates in express terms only to the observance of a particular rule of neutrality.

I have, &c.,
(Signed)

C. H. DARLING.

(Inclosure 4 in No. 30.)

Gorernor Sir C. Darling to Mr. Cardwell.

GOVERNMENT HOUSE, Melbourne, March 23, 1865. Sir: With reference to my dispatch of the 23d February, I have the honor to transmit herewith the copy of a further correspondence with the American consul, and to state that the attorney general did not consider it necessary to require the consul's attendance at the trial therein referred to.

I have, &c.,
(Signed)

C. H. DARLING.

(Inclosure 5 in No. 30./

Mr. Blanchard to Governor Sir C. Darling.

CONSULATE OF THE UNITED STATES OF AMERICA,

Melbourne, March 14, 1865. Sir: I have the honor to inform your excellency that I have received the following communication from the Crown solicitor's office :

“Crown SOLICITOR'S OFFICE,

Melbourne, March 10, 1865. “Sır: I do myself the honor to inform you that, at the trial of the case in the margin, at the criminal sittings, Melbourne, 15th instant, it will be necessary to prove that the Confederate States of America are exercising the functions of an independent government, making their own laws, &c.; will you therefore be good enough to forward to me the name of a gentleman who can prove the same ?

“I have, &c.,
(Sigued)

“J. L'ESTRANGE,

For Crown Solicitor."

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· Queen vs. Mackenzie and others; enlisting on board the Shenandoah.
H. Ex. 282-53

I know of no person who can prove wbat is deemed necessary by the Crown solicitor. I avail myself of this opportunity to say that Her Majesty's government doubtless had sufficient evidence before them, else the Shenandoah would not have been granted belo ligerent rights.

I have, &c., (Signed)

W. BLANCHARD,

United States Consul.

Transferred for the information of the honorable the attorney general. (Signed)

C. H. D. MARCH 17, 1865. Transferred accordingly. (Signed)

H. L. WARDE, P. S. March 17, 1865.

(567)

[*Inclosure 6 in No. 30.)

Mr. Blanchard to Governor Sir C. Darling.

CONSULATE OF THE UNITED STATES OF AMERICA.

Melbourne, March 16, 1865. Sir: I have the honor to acquaint your excellency that, in addition to the very impertinent letter to me from the Crown solicitor's office, which I had the honor to forward a copy of to you on the 14th instant, calling upon me, as consul of the United States of America, to name a gentleman to prove that the so-styled Confederate Stairs of America are “ exercising the functions of an independent government, making their own laws,” &c., I have received a summons from the said officer, signed by Mr. H. F. Gurner, Crown solicitor, commanding me to attend court, to give evidence on the part of the Queen, touching a certain information to be preferred against sundry persons enlisting into a foreign service.

It is for your excellency, and Her Majesty's government, who have decided that the rebels in arms against the legal authority of the United States Government are belligerents, now to prove that the parties to whom those rights have been granted (against the protests of my Government) are “exercising the functions of an independent gor. ernment, making their own laws,” &c. The Government of the United States never attempted to prove the object alluded to.

I cannot consider the letter and summons above referred to, especially when taken in connection with the Crown solicitor's previous behavior to me personally, in any other light than as a studied insult to my Government, as well as to me in my official capacity; and I have no doubt my Government will view it in the same light.

In view of the above circumstances, and in obedience to my instructions, as contained in consular regulations, I respectfully decline attending court to give such testimony. (Signed)

W. BLANCHARD,

Consul of the United States of America. Transfer to the honorable the attorney general, who is requested also to peruse the letter addressed by the governor's directions to the American consul, (herewith,) and to forward the same when read. (Signed)

C. H. D. MARCH 17, 1865. Transferred accordingly. (Signed)

H. L. WARDE, P. S. March 17, 1865.

(Inclosure 7 in No. 30.]

Mr. Tarde to Mr. Blanchard.

GOVERNMENT OFFICES, Melbourne, March 17, 1867 Sir: I am directed by his excellency the governor to acknowledge the receipt of your letters of the 14th and 16th instant, and to acquaint you that, relating as they do to the administration of justice in this colony, they have been placed in the hands of the honorable the attorney general, who is the minister charged with the conduct of the duties and official correspondence of that department of the government, and through

whom any communication which your letters may appear to require in connection with those duties will be addressed to you.

2. I am also directed to request your reference to the letter addressed to you upon the 21st ultimo, and to express his excellency's confidence that, in the course which the Crown solicitor is now pursuing with the object of bringing to justice British subjects who have been committed to take their trial for offenses against the foreignenlistment act, there is not the slightest intention of insulting the Government of the United States or its consul in this colony.

I have, &c.,
(Signed)

H. L. WARDE,

Private Secretary.

(568)

[*Inclosure 8 in No. 30.)
Mr. Blanchard to Sir C. Darling.

CONSULATE OF THE UNITED STATES OF AMERICA,

Melbourne, March 20, 1865. Sir: I have the honor to acknowledge the receipt, this morning, of a letter from H. L. Warde, your excellency's private secretary, dated 17th instant, in answer to my two dispatches to you of the 14th and 16th instant.

In reply, I beg to inform your excellency that the letter, with others on the same subject, will be forwarded to my government.

I have, &c.,
(Signed)

W. BLANCHARD,
Consul of the United States of America.

[Inclosure 9 in No. 30.)

Reports of prosecutions for enlist.

Governor Sir C. Darling to Mr. Cardwell.

GOVERNMENT HOUSE, Melbourne, March 23, 1865. Sir: With reference to my dispatch of 23d February, reporting the proceedings before the magistrates in the case of certain British subjects charged with breaches of the foreign-enlistment act, I bave now the honor to transmit a copy of a communication from the attorney general, forward- meal. ing a report of the trial of the offenders before the supreme court.

2. It will be seen that two of the accused were sentenced to ten days' imprisonment, and that the third, a lad of about fifteen years of age, was discharged upon the application of the attorney general. 3. All the prisoners had previously undergone more than a month's imprisonment.

I have, &c.,
(Signed)

C. H. DARLING.

(Inclosure 10 in No. 30.)

The attorney general for Melbourne to Gorernor Sir C. Darling. In accordance with his excellency's desire, the attorney general has the honor to submit to his excellency an account of the proceedings in the recent trial for breaches of the foreign-enlistment act.

Crown LAW OFFICES, March 22, 1865.

¡Inclosure 11 in No. 30.)

Criminal sessions of the supreme court of the colony of Victoria.

MARCH 17, 1865. (Before Mr. Justice Molesworth and a common jury of twelve persons.) James Davidson, otherwise called Charley, was informed against upon an information under the foreigu-enlistment act, 59 Geo. III, cap. 69, section 2, containing twentyfour counts.

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