tunately arise between Her Majesty's government and the Government of the United States. I have, &c., WM. BLANCHARD. [Inclosure 8 in No. 32.] Mr. Tyler to Mr. Blanchard. TOORAK, January 28, 1865. SIR: I am directed by his excellency the governor to acquaint you that your letter of the 28th instant was immediately referred by his excellency for the consideration and opinion of the legal advisers of his government, and that the same course has been pursued with your letter of yesterday's date, protesting against the claims to the right of a belligerent of the vessel now lying in Hobson's Bay, called the Shenandoah. His excellency will not fail to acquaint you with his decision after he shall have received the advice of the attorney general. I have, &c., C. J. TYLER, For private secretary. [Inclosure 9 in No. 32. Mr. Blanchard to Governor Sir C. Darling. CONSULATE OF THE UNITED STATES OF AMERICA, SIR: I am in receipt of a communication from C. J. Tyler, esq., your excellency's aid-de-camp, dated to-day, informing me that your excellency has submitted my dispatches of the 26th and 27th January instant to the consideration of your legal advisers, and that your excellency's decision, when made, will be forwarded to me. Evidence being daily accumulating in this office in support of the reasons for the protests I had the honor to forward to your excellency, I now beg leave to call your attention specially to the following: 1. That the Sea King, alias Shenandoah, now in this port, and assuming to be a warvessel of the so-styled Confederate States, is a British-built ship, and cleared from a British port as a merchantman, legally entering no port until her arrival here, where she assumes to be a war-vessel of the Confederate States; that any transfer of said vessel at sea is in violation of the law of nations, and does not change her nationality. 2. That inasmuch as Her Majesty's neutrality proclamation prohibits her subjects from supplying or furnishing any war material or ship to either belligerent, this ves sel, having an origin as above, is not entitled to the privileges accorded to the belliger ents by said proclamation. 3. That being a British-built merchant-ship, she cannot be converted into a war-ves sel, upon the high seas, of the so-styled Confederate States, but only by proceeding to and sailing in such character from one of the ports of the so-styled confederacy. 4. That it is an established law that vessels are to be considered as under the flag of the nation where built, until legally transferred to another flag. 5. That said vessel sailed as an English merchant-ship from an English port, and cannot, until legally transferred, be considered as a man-of-war. [593] *6. That not being legally a man-of-war, she is but a lawless pirate, dishonoring the flag under which her status is to be established, and under which she decoys her victims. 7. That her armament came also from Great Britain, in English vessels, (the Laurel and Sea King, now Shenandoah,) both, of which cleared under British seal, or, if without it, in violation of established law. 8. That as such she has committed great depredations upon ships belonging to citizens of the United States, making her liable to seizure and detention, and the crew guilty of piracy. I cannot close this without further protesting, in behalf of my Government, against the aid, and comfort, and refuge now being extended to the so-styled confederate cruiser Shenandoah in this port. I have, &c., WM. BLANCHARD. [Inclosure 10 in No. 32.] Mr. Blanchard to Mr. Leavenworth, United States consul at Sydney. UNITED STATES CONSULATE, DEAR COLLEAGUE: You have been acquainted by telegraph of the appearance of a 'ship (screw-steamer) assuming the name Shenandoah, and claiming the right of belligerency from Victoria authorities. I have forwarded to the governor, Sir Charles Darling, two dispatches respecting it, and beg to inclose copies of documents that have been exchanged between the authorities and the consulate, viz: 1. Dispatch of commissioner of trade and customs respecting prisoners to be provided for. 2. Reply to the above, and protest against granting any rights of belligerency. 3. Dispatch argumentative, aiming to prove that belligerent rights cannot be accorded. 4. Acknowledgment of receipt of above dispatches 2 and 3, showing that protests are under consideration. Her Majesty's government being represented in Sydney by a governor, who is at the same time governor general of all Australian colonies, and commander of all Australian waters, thus overruling all other governors of Her Majesty's government in these dominions, I respectfully suggest to you the propriety and necessity of lodging a solemn protest, in support of my protest here, showing such reasons as you deem expedient to induce his excellency to issue orders in all colonies to seize said vessel as a pirate, and in no way to grant to her belligerent rights. In stating that your governor is governor general, I have no authority just now at hand, (being in great haste, and mail closing,) to see that I am really right, and it is therefore for you to decide whether my intentions can be carried out. You are thus acquainted with all the facts relating to this piratical craft, and to the grounds I have taken against her, &c.; and I rely upon your hearty and vigorous cooperation. I have, &c., (Signed) WM. BLANCHARD. [Inclosure 11 in No. 32.] Mr. Tyler to Mr. Blanchard. PRIVATE SECRETARY'S OFFICE, SIR: I am directed by his excellency the governor to acknowledge the receipt of your letter of the 28th instant, and to acquaint you that having fully considered the representations contained in that communication, and in your previous letters of the 26th and 27th instant, and advised with the Crown law-officers thereon, his excellency has come to the decision that whatever may be the previous history of the Shenandoah, the government of this colony is bound to treat her as a ship of war belonging to a belligerent power. I have, &c. C. J. TYLER, For private secretary. [594] *[Inclosure 12 in No. 32.] Mr. Blanchard to Governor Sir C. Darling. CONSULATE OF THE UNITED STATES OF AMERICA, SIR: I have the honor to acknowledge the receipt of a dispatch signed C. J. Tyler, for private secretary, dated private secretary's office, January 30, 1865, informing me that after full consideration of my several dispatches, dated respectively the 26th, 27th, and 28th instant, and after advice of the Crown law-officers, your excellency has come to the decision that whatever may be the previous history of the Shenandoah, the government of this colony is bound to treat her as a ship of war belonging to a belligerent power. As consul of, and on behalf and by authority of, the United States of America, I hereby solemnly protest against the decision of the government of Victoria, as communicated to ne in the above-mentioned dispatch. And I further protest, as consul aforesaid, against the government of Victoria allowing the said piratical craft, Shenandoah, alias Sea King, to depart from this port, thus enabling her to renew her depredations upon shipping belonging to citizens of the United States of America. And I hereby notify your excellency that the United States Government will claim indemnity for the damages already done to its shipping by said vessel, and also which may hereafter be committed by said vessel Shenandoah, alias Sea King, upon the shipping of the United States of America, if allowed to depart from this port. That the said vessel is nothing more than a pirate, which the nation whose vessels she robs and destroys has a right to pursue, capture, or destroy in any port or harbor of the world. I have, &c., WM. BLANCHARD. [Inclosure 13 in No. 32.] Testimony of Lillias L. Nichols. I, the undersigned, Lillias L. Nichols, wife of William Green Nichols, late master of the bark Delphine, on board of which I was passenger, do solemnly declare: I was taken prisoner, together with my husband, and conveyed on board the Shenandoah, and have been kept on board until the vessel reached Hobson's Bay, when I was at liberty to leave. While on board I noticed that the plate in use was engraven "Sea King;" and I have frequently been told by the captain and others on board that the vessel was for merly the Sea King, which sailed from London in October, having on board the first lieutenant of the Shenandoah. I was told by Mr. Bullock, the sailing-master, that the Laurel conveyed Captain Waddell and the other officers from England to the rendezvous with the Sea King off Madeira. I was also told by the captain that the armament which is now on board the Shenandoah was brought out from England in the hold of the Laurel, packed in boxes. LILLIAS L. NICHOLS WM. BLANCHARD, United States Consul. [Inclosure 14 in No. 32.] Testimony of William Bruce. 1, William Bruce, at present of the city of Melbourne, in the colony of Victoria, make oath and say: Deposition of seaman of Helena. 1. That I am a naturalized citizen of the United States of America, and reside at No. 316 Broadway, Williamsburg, New York State. On or about the 3d day of October, 1864, I shipped on board the bark Helena, Captain Staples, then lying in Newport dock, in the county of Monmouth, in that part of the United Kingdom of Great Britain and Ireland called Wales, as cook and steward. 2. That on or about the 4th day of October, in the year aforesaid, the said [595] bark *sailed from Newport aforesaid to Buenos Ayres, in the republic of Buenos Ayres, South America, laden with a cargo of railway iron and other sundries, under the command of the said Captain Staples. 3. That the said bark Helena was an American ship belonging to Searsport, Maine, United States of America. 4. That no incident of importance occurred in the said voyage until on or about the 29th day of October, 1864, when the said bark was within three days' sail of Madeira, a steamer hove in sight, and I reported the fact to Captain Staples; and about two hours afterward I was enabled with my naked eye to see that she was a steamer flying English colors. 5. That on the following day the same steamer, at about half-past 1 o'clock in the afternoon, under steam and flying the English flag, came on our lee quarter; and on the said bark displaying the colors of the United States of America, the said steamer fired a blank shot toward the said bark, and hoisted the flag of the so-called Confeder ate States of America. 6. That the said bark was thereupon hove to, and a boat left the said steamer with eight persons therein, including three persons who represented themselves as officers of the said steamer, who came on board the said bark and ordered the said Captain Staples and the chief officer, Mr. Peterson, in my hearing, to take the papers of the said bark with them and go on board the said steamer, and to look sharp, because another sail was in sight; and that they, the said captain and chief officer, were prisoners of war, and that the said bark was a prize to the confederate ship Shenandoah; and thereupon the said Captain Staples and chief officer Peterson left the said bark in the said boat, in charge of one Hunt, the master's mate, on board the said steamer called Shenandoah, and proceeded on board the said steamer-two others, namely, Bullock, sailing-master, and Mason, passed-midshipman, representing themselves as of the aforesaid ranks on board the said steamer Shenandoah, remaining on board the said bark and ordered the crew of said bark to lower away the sails, which they did, and after the expiration of about half an hour, the said Captain Staples and chief officer left the said steamer in the said boat under the charge of the said Hunt, accompanied by another boat with about eight persons (among whom was the carpenter of the said steamer Shenandoah, who told me his name was O'Shea, and that he was a citizen of New York, United States of America,) and came on board the said bark; and the said Bullock gave orders to the crew of the said bark to pack up their clothes and go on board the Shenandoah, meaning the said steamer, and told me to take all my cooking-gear on board the said steamer. 7. That in pursuance of the said order the said crew and myself went on board the said steamer in one of her boats, (the said Captain Staples and chief officer Peterson having been previously sent on board;) and on getting on board the said steamer were ordered to give up our clothes, which we did. 8. That after going on board the said steamer, I and Louis Monrose and Peter Monrose, two of the crew of the said bark, were ordered by the said Bullock again to go on board the said bark and break open the stores of the said bark, which we did, and the said stores, and also some slop clothes, and the said bark's instruments, were put on board the said steamer; and the said O'Shea, the carpenter of the said steamer, ordered the said Louis and Peter Monrose to assist him in scuttling the said bark; and I saw the said parties go down the hold taking augers with them, and make holes in the said bark with said angers; and that after they had done so, I and the said Louis Monrose and Peter Monrose were ordered to leave the said bark and go on board the said steamer; and when I got to the gangway I was asked by the paymaster of the said steamer, one Smith, in the presence of the said Captain Staples, if I would join the said Shenandoah as ship's cook, and he told me that one of my shipmates had already joined, and that it would be better for me to join; and I thereupon told him that I would not join, as I wished to go to Melbourne to see my mother, to which he replied, "Pity you are not in your mother's arms;" and about half an hour after I had been on board the said steamer, I saw the said bark sink; and in that night I was put in irons, and on the following day, namely, on or about the 31st day of October, 1864, the captain of the said steamer Shenandoah, one Waddell, said to me, “You might as well make up your mind to join ;" to which I replied that I had no idea of joining. And the said Waddell thereupon said to me that if I would join he would put me in ten months' time wherever I wanted; and I again refused to join, when the said Waddell said, "You will be sorry for it." 9. That on or about the 1st day of November, 1864, one Whittle, the first lieutenant of the said steamer, said to me, "Have you made up your mind to join?" [596] To which I replied that I had not; and thereupon said, "You will be sorry for it, and you will be put in irons at night and made to work all day;" and in consequence of my again refusing to join I was sent to work in the galley with the ward-room cook of the said steamer, and at night was put in irons. 10. That on or about the 3d of November, 1864, I was ordered to continue assisting the ward-room cook, and continued assisting him until or about the said 10th day of November, 1864. I was called by the said Whittle aft, and he then said to me, "Steward, you might as well join; it will be better for you;" and I thereupon, in consequence of being ironed every night, made work during the day, and pushied about and abused by the crew and officers, consented to join and subscribed a document agreeing to serve as ward-room steward, and I acted as ward-room steward on board the said steamer thereafter until the 1st of January, 1865, when, in consequence of being sick, I was left off duty, and remained off duty until the said steamer Shenandoah arrived at Hobson's Bay on the 25th day of January; and on the 28th January, 1865, I left the said steamer, and placed myself under the protection of the consul of the United States of America at Melbourne. 11. That during the time I was on board the said steamer Shenandoah I was told by the ward-room cook (one Marlow, a native of the Isle of Man,) that he shipped on board the Laurel steamer from the Sailors' Home, Liverpool, to go to Nassau, and that when he came to a bay at the back of Madeira, where the Laurel went to look for the steamer Sea King, and after three days' looking for her the Sea King arrived and made signals to the Laurel, and the two steamers came together, and with the help of some ashermen the ammunition was put on board the Sea King from the Laurel, and that the Sea King then went to the back of Deserta Island, and the Laurel went to the front of the island, and was chased by a vessel of war of the United States of America. and the Sea King sailed away in another direction, and that her name was then changed to the Shenandoah. That I heard the fireman of the said steamer Shenandoah, one Jackson, a native of Liverpool, say that he came out on the Laurel together with Simpson, a native of Ireland; William a native of Birkenhead; Jim, the ward-room boy, a native of Liverpool; Bay Jones, steerage steward, a native of London; Lou Wester, fireman, a native of London; also another man, a native of London, called Cockney, to join the Shenandoah steamer; and all the said parties at different times told me that they left Liverpool to join the ship Sea King. 12. That one Guy, the gunner of said steamer Shenandoah, and a native of Plymouth, or somewhere in the west of England, told the mate of the schooner Lizzie M. Stacy, taken as a prize in my presence, that he shipped at London in the Laurel steamer to come out and join the Sea King steamer. 13. That among the officers and crew of the Shenandoah are the following persons, viz: O'Brien, head engineer; —, third engineer; Jim the fourth engineer; Simpson, sail-maker; Jim boatswain's mate; Crawford, gunner's mate; Bullock, sailing master, whom I have heard at different times remark, "that we did not do so (referring at different times to the working of the guns) on board the Alabama." 14. That the said Simpson told me he was on board the Alabama at the time of her engagement with the Kearsarge, United States ship of war, and that he was a paroled prisoner. 15. That at the time I was first taken on board the Shenandoah, I saw the bell of the said steamer marked or cut with the words Sea King, and also the stanchions had the words Sea King cut on them, and the words were subsequently filed out of the bell and scraped off the stanchions, and the table services and cloths of the said steamer were marked with the words Sea King up to the time I left her in Hobson's Bay as aforesaid. 16. That after I was taken on board the said steamer Shenandoah, the following ves sels were captured, namely, the Charter Oak, on or about the 5th day of November, 1864; the Lizzie M. Stacy, schooner; De Godfrey, bark; Susan, brig; Kate Prince, ship; Edward, bark; and Delphine, bark; and all the said vessels, with the exception of the Kate Prince, were either burned or sunk. 17. That a number of persons taken as prisoners, amounting in all to twenty-five, were, on or about the 12th day of December, 1864, landed by the said steamer Shenandoah at Tristan d'Acunha, an island in the Atlantic Ocean, and there left by the said steamer. (Signed) WILLIAM BRUCE. [597] *Sworn at the city of Melbourne, in the colony of Victoria, this 7th day of February, in the year of our Lord 1865, before me, (Signed) WM. BLANCHARD, United States Consul, Melbourne. [Inclosure 15 in No. 32. Testimony of John H. Colby. I, John H. Colby, of Liberty, Maine, United States America, do solemnly declare and say: Deposition of J. H. Colby. That I shipped in Boston, Massachusetts, on board the schooner Lizzie M. Stacy, bound for Honolulu, and sailed in said vessel on the 4th day of October, 1864; that on or about the 13th day of November, 1864, the said schooner was hove to by a blank shot from a steamship under both steam and sails; that I with the rest of the crew was ordered to pack up my things immediately and go on board said steam-vessel, by order of a person in uniform, who I afterward found was acting as second lieutenant of said steam-vessel; said lieutenant said that I was a prisoner of the Confederate States; that I with the rest of the crew was then put on board of said steam-vessel; that I asked said officer before leaving the schooner what was the name of said war-vessel; that said officer replied, "name unknown;" that upon being taken on board said steamer I was put in irons for the night, and the next morning released, and they tried to force me to work, but I resisted; the first lieutenant then ordered me to be triced up by the thumbs, and by these and other coercive measures I was in time compelled to join the vessel in order to relieve myself from tortures and punishments; that I saw the name Sea King upon the bell, the wheel, the buckets, &c.; the name upon the wheel was afterward ground out, I turning the |