[Inclosure 3 in No. 30.] Governor Sir C. Darling to Commodore Sir W. Wiseman. GOVERNMENT HOUSE, Melbourne, February 27, 1835. 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 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-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., C. H. DARLING.. [Inclosure 4 in No. 30.] Governor 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., [Inclosure 5 in No. 30.1 C. H. DARLING. Mr. Blanchard to Governor Sir C. Darling. CONSULATE OF THE UNITED STATES OF AMERICA, 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, "SIR: I do myself the honor to inform you that, at the trial of the case in the margin,1 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., (Signed) "J. L'ESTRANGE, "For Crown Solicitor." Queen vs. Mackenzie and others; enlisting on board the Shenandoah. I know of no person who can prove what 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 bel ligerent rights. I have, &c., W. BLANCHARD, United States Consul. C. H. D. Transferred for the information of the honorable the attorney general. (Signed) CONSULATE OF THE UNITED STATES OF AMERICA. 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 States 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 gov 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. C. H. D. H. L. WARDE, P. 8. [Inclosure 7 in No. 30.] Mr. Warde to Mr. Blanchard. GOVERNMENT OFFICES, Melbourne, March 17, 1865. 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., 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., W. BLANCHARD, Consul of the United States of America. [Inclosure 9 in No. 30.] 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 have now the honor to Reports of prosetransmit a copy of a communication from the attorney general, forward- ment." ing a report of the trial of the offenders before the supreme court. cutions for enlist 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. 30.1 The attorney general for Melbourne to Governor 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. (Before Mr. Justice Molesworth and a common jury of twelve persons.) James Davidson, otherwise called Charley, was informed against upon an information under the foreign-enlistment act, 59 Geo. III, cap. 69, section 2, containing twentyfour counts. The first, fourth, seventh, tenth, thirteenth, and sixteenth counts, after averring that Davidson was a British subject, charged that he, without leave, &c., did agree to enlist as a sailor, &c. The second, fifth, eighth, eleventh, fourteenth, and seventeenth counts, charging him with agreeing to be engaged, &c. The third, sixth, ninth, twelfth, fifteenth, and eighteenth counts, charging him with agreeing to serve, &c. The first, third, seventh, ninth, thirteenth, and fifteenth counts, in a ship of war, &c The fourth, sixth, tenth, twelfth, sixteenth, and eighteenth counts, in a ship equipped for war, &c. The first six counts, in aid of foreign states styling themselves the Confederate States of America. [569] *The seventh to the twelfth counts in aid of divers persons assuming to exercise powers of government in a certain foreign state, that is, the Confederate States of America. The thirteenth to the eighteenth counts, in aid of persons assuming to exercise the powers of government in and over part of a certain foreign people, that is, part of the people of the United States of America. The nineteenth and twenty-fourth counts, attempts to commit same. The prisoner pleaded not guilty. The following extracts from the Age, newspaper, are a fair statement of the evidenc &c., adduced at the trial: MELBOURNE CRIMINAL SESSIONS. FRIDAY, March 17. (Before His Honor Mr. Justice Molesworth.) THE SHENANDOAH PROSECUTIONS.-James Davidson, alias Charley, was placed on the floor of the court, and pleaded not guilty to an information charging him with a breach of the foreign-enlistment act. There were twenty-four counts in the indiet ment, charging the defendant in various forms with having enlisted in the service of the Confederate States of America on board the confederate ship of war Shenandoah, without having obtained the permission of Her Majesty. The attorney general, with Mr. Travers Adamson and Mr. M. A. MeDonnell, appeared for the prosecution, and Mr. Aspinwall, with Mr. Wrixon, for the defense. The attorney general said the Crown would permit the defendant to challenge any juryman he had an objection to, though he had no right of challenge. The defendant availed himself of this permission to challenge one juror. The attorney general, in stating the case to the court, said the defendant was charged with an offense against the second section of the act 59, Geo. III, cap. 59, commonly called the foreign-enlistment act. There were a number of counts in the information. all pointing substantially to the same offense, and he thought the jury would have little difficulty, notwithstanding the number of counts, in forming a judgment as to the character of the act committed by the defendant. The several counts charged the defendant with three distinct acts. He was informed against: first, for that he did unlawfully agree to enlist and enter himself for service as a sailor for and on board a certain ship of war called the Shenandoah, in the service of and for and in aid of eertain foreign states styling themselves the Confederate States of America. He was next informed against for having, being a natural-born subject of the Queen, without having obtained Her Majesty's license for such agreement, enlistment, or service, agreed to enlist on board this vessel. He was also charged with actual service on what was variously described as a ship of war of and in aid of the Confederate States of America, a vessel equipped and intended to be used for divers warlike purposes, belonging to divers persons assuming to exercise the powers of government in a certain foreig country, to wit, the Confederate States of America; and the concluding counts chargel him with an attempt to commit those offenses. The foreign-enlistment act was passed by the English Parliament in the year 1819, and the second section provided that any persons being convicted of any one of the offenses now charged against the prisoner should be deemed guilty of a misdemeanor, and be punishable by fine or imprisonment. The words of this second section were: "Any natural-born subject of His Maj esty, who shall take or accept, or agree to take or accept, any military commission, or who shall otherwise enter into the military service as a commissioned or non-commis sioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or enter himself as a soldier, or be employed, or shall serve in any warlike or military opera tion in the service of, or for, or under, or in aid of any foreign prince, state, potentate, &c.; or shall enlist or enter himself, or agree to enlist or enter himself, to serve as a sailor or marine, or be employed or engaged, or shall serve with or on board any sp or vessel of war, fitted out, equipped, or intended to be used for warlike purposes, shail be subject to the penalties provided." The object of this act, it would be observed, was to enable Her Majesty to enforce neutrality when thought proper during the time foreign nations were at war, and it was hardly necessary for him to insist upon the necessity of each of Her Majesty's subjects lending their aid in order to have the proclamation of neutrality strictly observed, especially when it was considered that the act of a single subject of Her Majesty might lead to unlooked-for war; and it must at the same time be borne in mind that foreign countries looked with jealous anx[570] iety to see what position the Crown of England would assume *during the wars of foreign nations. With reference to the war now being carried on between the Confederate States and Federal States of America, Her Majesty issued a proclamation of neutrality on the 13th May, 1861, and that proclamation was published in the Government Gazette of this colony on the 17th July, 1861. On the 4th February of the present year, there was again published in the Government Gazette of this colony, by order of his excellency the governor, a notification that the neutrality laws would be strictly enforced. No matter what the personal feeling of the jury might be, they had simply to consider whether the offense charged had been committed; and they must see that, with the view of carrying out the wise intentions of this law, no one should be permitted to do an act in frustration of it, by which this country might possibly be brought into the war now going on. On the 25th January last, the confederate war steamer Shenandoah arrived in Hobson's Bay, under the confederate flag, and having on board a number of persons taken from captured Federal vessels. The defendant was soon afterward seen on board, in the confederate uniform, and it would be proved that he remained there a fortnight under circumstances which justified the Crown in believing that it was his intention to join the ship. Upon a first view of the facts, it might appear somewhat harsh to enforce the law in such a case, and he had no hesitation in saying that, taken apart from the breach of the law, the offense was a harmless one, and the only object of the Crown in bringing this prosecution was to assert and vindicate the law. The Crown had no wish to act in a vindictive spirit, and the law being once asserted and vindicated, the Crown would be satisfied with as mild a sentence as the court thought fit to inflict. The London Government Gazette of 14th May, 1861, containing proclamation of 13th May, 1861; the Victoria Government Gazette of 17th July, 1861. A supplement to the latter Gazette of the 4th February, 1865, having been put in, the following evidence was called: Constable Wardle, watch-house keeper at Williamstown, proved having received the defendant in charge about 10 o'clock on the night of the 14th February. The description taken down was: aged twenty-one, seaman, native of Scotland, Protestant, and able to read and write. John Williams, a man of color, stated that he was a native of the United States of America. On the 7th of November, at sea, he was taken from the bark De Godfrey. He entered on board the Shenandoah as cook. Saw the southern confederacy colors on board. Defendant came on board two days after the vessel arrived in Hobson's Bay. He said his name was Charley; that he came out to Victoria in the Great Britain, and that he had come on board to join the Shenandoah. Mr. Bullock, the sailing-master, told defendant to keep out of sight while visitors were on board. When strangers came to the ship defendant was locked up in the forecastle, and was fed through an aperture. He wore the confederate uniform, like the other men on board. The master-at-arms always used to lock the forecastle door when defendant was put inside. Witness left the ship on the 5th February. Defendant was then employed as assistant ward-room cook. Witness heard the defendant once speaking with the first lieutenant, Mr. Whittle, about enlisting. The first lieutenant told him he could not enlist him while the ship was in port, but that he would when they got out to sea. At the time the defendant had on the southern confederacy uniform. To Mr. Aspinall: Do not know either Mr. Lord or Mr. Francis. I joined the ship on compulsion, and on coming to this port claimed the United States protection. Mr. Aspinall was about to ask the witness whether he was aware that Captain Waddell had said his testimony was entirely false, and whether he was aware that the officers of the ship had contradicted his statement, but his honor ruled that answers to these questions could not be received in evidence. Cross-examination continued: I don't know the name of the gentleman who took me down to the Williamstown police court. Defendant did not merely say he should like to sail in the Shenandoah; he said he came to join the ship. He cooked in the confederate uniform. Defendant did not wear an old cast-off pair of uniform trowsers, but a new pair. He had not a uniform coat; only cap and trowsers. The vessel, at this time, was not prepared to go to sea. I am at present supported by the United States consul, who pays my board. Paymaster Smith serves out clothes on the Shenandoah, but defendant did not get his clothes from Smith. It was not the United States consul who drove me down to Williamstown. Have not been at the treasury buildings or at the law-offices. Walter James Madden, seaman, deposed that he was a native of Boston, and was taken |