[582] *SAN FRANCISCO, August 7, 1865. English propeller Sea King, alias Confederate States steamer Shenandoah, Dr., to J. C. Merrill & Co., owners and agents of American bark William C. Nye. Bark William C. Nye, live-oak built, coppered and copper-fastened, 3893 tons, burned in the Arctic Sea, June 26, 1865... Boats, casks, crafts, provisions, whaling-guns, bombs, and materials 150 barrels whale-oil on board, 4,725 gallons, at $1.50.. $35,000 00 20,0 Whalebone, 50,000 pounds, at $2 Season's catch destroyed, estimated 2,500 barrels whale-oil, 78,750 gallons, at $1.50.... Owners: J. C. Merrill & Co. P. H. Cootey Moore & Co... Charles Hare Tubbs & Co..... = | ། UNITED STATES OF AMERICA, State of California, city and county of San Francisco, 88: To all people whom these presents shall or may concern: I, E. V. Joice, a public notary in and for the State and county aforesaid, by letterspatent under the great seal of the said State duly commissioned and sworn, dwelling in the city of San Francisco, send greeting: Know ye that on this 7th day of August, in the year of our Lord 1865, before me, the said notary, at my office in the city of San Francisco, personally appeared S. H. Cooter, master of the bark William C. Nye, belonging to the port of San Francisco, (the said master having personally noted in due form of law his intention to protest,) who, together with Fitch Way, second officer, John Sheridan, steward, and John Scanlan, carpenter, belonging to the aforesaid vessel, being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily and solemnly did declare and depose as fòllows, to wit: That they, the said appearers, on the 27th day of March, 1865, set sail and departed in and with the said vessel from the port of San Pedro on a whaling-cruise and bound for the Arctic Ocean, the vessel being then stout, stanch, and strong, her well cargo and sufficiently stowed and secured, well masted, manned, tackled, victualed, appar eled, and appointed, and in every respect fit for sea and the voyage she was about to undertake. That on the 27th day of March we left San Pedro, bound, for the Arctic Ocean on a whaling-cruise, having on board about one hundred and fifty barrels of oil, the catch of between seasons. Meeting with no incident worthy of note, on the 25th of May we made Cape Thaddeus, and were cruising for whale, when on the morn ing of the 26th of June, at 2 o'clock, the officer of the deck came down and reported what he thought to be a steamer close to us. Before the master could get on deck the steamer had hailed our bark to haul aback, which was done. The steamer lowered a boat and came alongside; an officer came on deck and said to Captain Cootey, "You must consider yourself a prize to the confederate man-of-war Shenandoah." She had no flag flying, and this was the first intimation we had of her character. The officer then inquired how many officers we had on board, and was informed four, when he or dered the captain and officers, with her papers, to get into his boat and go aboard the steamer. At this time the war-steamer was within one hundred and fifty yards of the bark, and her guns were all visible, and the magnitude of her strength and ability to carry out his orders was apparent. We got aboard the boat and were taken on board the Shenandoah, when an officer ordered the captain to go into the cabin, where he was met by Captain Waddell, in command of the Shenandoah, who inquired of the captain for his papers, which were handed over and then given to the clerk. A bond or parole was then made out for the captain and officers to sign, but the precise character of the document is not known. However, upon this being done, and all the papers belonging to the ship, including her register, taken possession of by the clerk of the steamer, we were then informed by the commander of the steamer that he was done with us, when we were taken down into the between decks and there searched by a person called master-at-arms, who treated us with every indignity he could in vent; our pockets turned inside out, clothing rudely examined, and then ordered to sit down on the floor with some Chinamen. After remaining in this place about [583] thirty minutes we were ordered on deck, and go aboard our *bark to get a portion of our clothing. And while we were fpacking, the partitions were being knocked down preparatory to burning the vessel. In about fifteen minutes after going aboard we were ordered to leave, when the bark was set on fire, and we were then put on our own whale-boats in tow of the steamer, when she started for two or three other whalers in sight to the northeast. After capturing and burning these vessels as well as our own, we were, by order of the captain of the Shenandoah, put on board the bark General Pike, together with those belonging to captured whalers, which vessel was bonded to take us to San Francisco, where we arrived August 1, 1865. There were seven ships' companies put on board the Pike, of about three hundred tons, all of whom suffered in consequence of the crowded condition of the ship, and the want of accommodation for the voyage to San Francisco. The bark William C. Nye was well found and equipped in every respect for the voyage she had undertaken. And the said appearers further declare that, as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said vessel, her freight and cargo has been occasioned solely by the circumstances herein before stated, and cannot be attributed to any insufficiency of said vessel, the neglect or default of him, this deponent, his officers or crew, he now requires me, the said notary, to make this protest and this public act thereof, that the same may serve and be of full force and value as of right shall appertain. And thereupon the said master protested, and I, the said notary, at his special instance and request, did as by these presents I do publicly and solemnly protest against the winds, weather, and seas, and against all and every accident, matter and thing, had and met with as aforesaid, whereby or by means whereof the said vessel, her freight, or her cargo, already has or hereafter shall have suffered or sustained loss, damage or injury, and for all losses, costs, charges, expenses, damages, and injury which the said vessel, or the owner or owners of the said vessel, or the owners, freighters, or shippers of her said cargo, or any other person or persons interested or concerned in either, already have been or may hereafter be called upon to pay, sustain, incur, or be put into by or on account of the premises, or for which the insurer or insurers of the said vessel, her freight or her cargo, is or are respectively liable to pay or make contributions or average according to custom, or their respective contracts or obligations, so that no part of any losses, damages, injuries, or expenses already incurred or hereafter to be incurred, do fall on him the said master, his officers, or crew. Thus done and protested, in San Francisco, this 7th day of August, in the year of our Lord 1865. In testimony whereof, as well the said appearers as I, the notary, have subscribed these presents, and I also caused my seal of office to be hereunto affixed the day and year above written. (Signed) E. V. JOICE, Notary Public. S. H. COOTEY, Master. FITCH WAY, Second Officer. JOHN SHERIDAN, Steward. JOHN SCANLAN, Carpenter. STATE OF CALIFORNIA, City and County of San Francisco, 88 : I, the undersigned notary public, hereby certify the foregoing act of protest to be an accurate and faithful copy of the original on record in my book of official acts. In testimonium veritas, (Signed) E. V. JOICE, Notary Public. [Inclosure 2 in No. 32.] Mr. Blanchard to Mr. Seward. CONSULATE OF THE UNITED STATES OF AMERICA, Melbourne, February 23, 1865. SIR: It is my painful duty to inform you that an armed steamship, flying the flag of the so-styled Confederate States, now called Shenandoah, but in reality Report of United the British vessel Sea King, entered this port on the 25th January, States consul. 1865, at about 8 o'clock p. m., and that said vessel was allowed to repair, to go upon a dry dock, to coal; and that she was allowed to depart at about 7 o'clock a. m. on the 18th February, 1865, notwithstanding my continued protest. # [584] * *On the 25th January, the telegraph announced that a steamship supposed to be the Royal Standard, from Liverpool, fifty-two days out, was in sight; late in the evening rumors were in circulation to the effect that the vessel seen was the Confederate war-ship called Shenandoah. On the morning of the 26th I learned from the papers that the confederate ship Shenandoah had anchored in the port about dark the day before. On coming to the consulate on the morning of the 26th January, 1865, I found there the following-named persons, all of the late American bark Delphine, burned at sea on the 26th December, 1864, and claiming to be prisoners of war to the confederate steamship Shenandoah, and on parole not to communicate anything to the detriment of the confederate cause or that would lead to the capture of said ship, viz., William Green Nichols, master; E. T. Jones, first mate; E. P. Nichols, second mate; E. T. Lingo, steward; William Scott, carpenter; Charles Hemming, Frederick Lendbug, and William Edstrom, seamen. Being anxious to get a description of the vessel and her armament, to send off in the mail just then closing, I used every endeavor to procure it from the above persons, and at near 1 o'clock succeeded in getting enough information to enable me to send such description of said vessel to Mr. Adams, and also to our consul at Hong-Kong, with a view of having a cruiser put on her track as soon as possible, which dispatches I sent on board the mail-steamer then in the bay, the mail having closed at Melbourne, a copy of which is herewith inclosed, (No. 3.) While I was taking Captain Nichols's testimony, which is inclosed, (No. 4.) I received a dispatch from the commission of trade and customs at 3.30 p. m., informing me that an application had been made to land certain prisoners from the confederate steamer Shenandoah, and wanting to know, for the information of the governor, whether I, as consul for the United States, would take care of and provide for them if landed. A copy of the dispatch is herewith inclosed, (No. 5.) The November mail from Europe, which arrived here about the middle of January, brought the news that the Sea King and Shenandoah were one and the same ship, and that she had not entered any port since leaving England. I took the position toward the authorities here, that she was not entitled to the rights of a belligerent as contemplated in Her Majesty's neutrality proclamation, and that she could not change her nationality at sea. I therefore, in answer to the dispatch of the commissioner of trade and customs, sent an answer direct to Sir Charles Darling, the governor, then at the government house, Toorak, about five miles off, a copy of which (No. 6) is herewith inclosed, and which was delivered and receipted for at 6.45 p. m. same day. On the 27th January I continued the examination of the men from the Delphine, several of whom told me that all the captured men who had been induced to join said vessel had done so either after imprisonment and punishment or to avoid it through threats, and that they believe they would all leave if I would protect them from arrest. I informed the men that I would protect all persons that had shipped under such circumstances from captured American vessels, and directed such men, if any such were seen ashore by them, to inform them of my determination, and direct to me or come with them. I did this with the view of liberating the men, of re ducing her crew, which was mostly made up of such impressed men, and of obtaining information that the men I then had would not give on account of their parole. I also sent to the governor an argumentative dispatch, again protesting against said Sea King-Shenandoah, and maintaining that said vessel was in violation of Her Majesty's proclamation, a copy of which is herewith inclosed, (No. 7.) On the 28th I received a dispatch from C. J. Tyler for private secretary, informing me that my dispatches of 26th and 27th January had been referred by the governor to his legal advisers, and that his excellency the governor would acquaint me with his decision after he had received the advice of the attorney general, à copy of which is herewith inclosed, (No. 8.) After receiving the above, I forwarded to the governor a dispatch of same date, stating that evidence was daily accumulating in my office in support of the several protests I had sent him, and calling his attention to special reasons why said vessel should not receive the treatment of a belligerent, and protesting against the aid and comfort and refuge now being extended to said vessel, a copy of which is herewith inclosed, (No. 9.) Being under the impression that the governor of New South Wales was still gov ernor general of all the Australian colonies, I sent to Mr. Leavenworth, our consul at Sydney, a dispatch, a copy of which (No. 10) is herewith inclosed, inclosing [585] therein copies of the correspondence with the authorities here, and urging him, if my impressions in regard to the governor generalship were correct, to * lodge protests in support of mine with the governor general there. I find I was mis taken; the governors are independent of each other. On the 30th January I received a dispatch, dated private secretary's office, 30th January, informing me that his excellency the governor general had received my communications of 26th, 27th, and 28th January, and advised with the Crown law-officers thereon, and that his excellency the governor 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," a copy of which is herewith inclosed, (No. 11.) I immediately entered a protest, in the name of the United States, against the decision of the government of Victoria, a copy of which is herewith inclosed, (No. 12.) After receiving this decision of the governor, thus closing all arguments and hopes as to the vessel being stopped in her career by the governor, I consulted with several American merchants here, and decided to indict her in the admiralty court. With this view I employed Messrs. Duffett, Grant, and Wolcott, solicitors, who became acquainted with sundry affidavits and witnesses at my command. On the 1st February a debate arose in the colonial legislature respecting the Sea King-Shenandoah, in which the chief secretary seemed to think there was no proof of said vessel being the Sea King. My solicitors considered there was abundant evidence, and that it should be laid before the Crown law-officers, which I authorized them to do. I therefore accompanied Mr. Duffett, of the said firm, to the crown law-offices, where he left the affidavits of Messrs. L. L. Nichols, (No. 13;) William Bruce, (No. 14;) and John H. Colly, (No. 15.) The minister of justice and the attorney general were absent, and the above affidavits were left with the chief clerk, Mr. Chromley. On the 3d February Mr. Duffett, of the above, wrote to the attorney general, as per inclosure No. 16. On the 4th February I was informed, as per inclosures Nos. 17 and 18, that on Monday, February 6, the law-officers would be glad to see me in relation to said vessel. At the appointed time, in company with Mr. Duffett, and supported by Mr. J. B. Swasey, a loyal American merchant of this city, I repaired to the officers named, when the case of the Sea King-Shenandoah was discussed with the minister of justice and the attorney general. During the interview I requested Mr. Duffett to read the affidavit of George Silvester, late a seaman on the Laurel, and fireman on the Sea KingShenandoah (No. 19;) and Mr. Duffett left with the attorney general the affidavits of Edward S. Jones, (No. 20 ;) James Ford, (No. 21;) George R. Brackett, (No. 22;) Charles Bollen, (No. 23;) John Sandall, (No. 24;) William Scott, (No. 25;) Frederick Lindborg, (No. 26;) and he withdrew the declaration of William L. L. Nichols, (No. 13,) left on the 2d February, and substituted for it an affidavit of the same person, (No. 27.) After much discussion both these gentlemen seemed to admit that the Sea KingShenandoah would be liable to seizure and condemnation if found in British waters; but would not admit that she was liable to seizure here, unless she violated the neutrality proclamation while in this port, and if she did they would take immediate action against her. Finding that I could not proceed in the admiralty court, I continued to take what evidence I could get, and forward it to the governor, and in the month of February I addressed to him a dispatch, in which I sent a list of the affidavits left at the Crown law-offices, a copy of which (No. 28) is herewith inclosed. On the 10th February, 1865, I sent to the governor a dispatch inclosing the affidavit of John Williams, showing that persons were concealed on board said vessel, and others on duty on board, and wearing the uniform, which persons had come in said vessel in this port, a copy of which is herewith inclosed, (No. 29.) On the 11th February I received a dispatch from the Crown law-officers, informing me that said John Williams may attend on Monday, the 13th, at the Crown solicitor's office, a copy of which is herewith inclosed, (No. 31.) On Monday, the 13th, I induced Mr. Samuel P. Lord, a loyal American merchant here, to accompany said John Williams and Walter J. Madden, who had given like testimony before me, to the Crown solicitor, to see that the testimony of said persons was properly taken. Just after his departure from the consulate with the abovenamed witnesses, two other sailors, named F. C. Behucke and Herman Wicke, who said they left the Shenandoah only the day before, came to the consulate and [586] gave substantially the same evidence. I immediately sent them with my clerk, Mr. Gage, to the Crown solicitor's office, to support the charge of those already there. I then sent to the governor a dispatch inclosing the testimony of John Williams, (No. 32,) Walter J. Madden, (No. 33,) and Thomas Jackson, (No. 34,) a seaman on board the Laurel, and fireman on board the Sea King, (Shenandoah,) in support of my protests, a copy of which is herewith inclosed, (No. 35.) At about 5 o'clock p. m. on the 13th an officer of the police, accompanied by the clerk from the Crown law-office, came to this consulate to obtain a witness to go on board the said Shenandoah to identify the persons who had shipped in this port on board said vessel. I declined to let any of them go on board said vessel unless he would return them to this consulate, as I apprehended they might be seized as deserters, informing him that they were all impressed from American vessels. He gave me such a promise, and selected Walter J. Madden, who left this consulate in his charge. On the 14th I received a dispatch from the governor's private secretary, informing me that my dispatches of the 10th and 13th were received, and had engaged, and continued to engage, the earnest attention of the colonial government, a copy of which dispatch is herewith inclosed, (No. 36.) On the same day I sent a dispatch to the governor, (No. 37,) inclosing the affidavits of F. C. Behucke, (No. 39,) and Hermann Wicke, (No. 38,) these being the two men whom I had sent the day before to the Crown solicitors, and whose affidavits I took after their return. On the 14th of February Walter J. Madden returned and informed me that the police were not allowed to search the ship the day before, and that two policemen went on board this morning, and returned without making any arrest, and that he was dis missed for the present. He also informed me that the Shenandoah was then on the patent slip undergoing repairs. On the evening of the 14th the town was full of rumors about the seizure of said vessel. About 5 o'clock I proceeded to Sandridge to ascertain if said seizure was made. Sandridge is opposite Williamstown, where the said vessel was, and in direct commu nication by a steam ferry-boat, and distant about three miles. While at Sandridge I was informed by a master of an English ship, who was boarded by the Shenandoah previous to her arrival here, and whose name I do not remember, that he was on board the Shenandoah an hour previous, drinking with the ward-room officers, when Captain Waddell came in with a printed paper in his hand and informed them that the ship had been seized. That he left, coming through the police then around the said vessel, by giving his name and occupation. On the morning of the 15th February it was reported in the papers that the Shenandoah had been seized by the authorities; that four persons endeavoring to escape from the said vessel were arrested. Among them was one Charley, who had been named by all the witnesses as being on board and wearing the uniform of the said vessel. With a view of getting the governor to reconsider his decision as alluded to, (No. 11,) and in answer to the argument used by the Crown law-officers at the interview I had with them before referred to, I forwarded to his excellency a dispatch, a copy of which is herewith inclosed, (No. 40.) I received the same day a notice from the police department informing me of the arrest of four men, and desiring the presence of some person to identify them, a copy of which is inclosed, (No. 41.) I sent the four men who had given the information to identify the arrested men, who returned same day, stating that Charley was among them, and that the others were also some of the persons referred to in their affidavits as being on board, and that their names were remembered when seen. These men also informed me that the prisoners were remanded, and that they were to appear the next day against them at the Williamstown police court. A few hours after I heard that the ship was released. In the evening, during the session of Parliament, the chief secretary announced that the government had issued no warrant and that there had been no search; "that a warrant had only been issued for the arrest of one of their subjects, and that, being satisfied, they ought not to proceed to extremities in this matter." Permission was then given to the workmen to launch the ship, which had been forbidden. On the 16th February I had the men to attend at the police court in Williamstown, as required, as witnesses. Two of the prisoners were committed, one released on the ground that he was not a British subject, and the other remanded till the next day. While crossing the bay to the trial at Williamstown on the 16th, I saw the Shenandoah taking in coal from a ship alongside, and Mr. McFarlane, emigration [587] *officer, a fellow-passenger, informed me that she was taking in 200 tons of Scotch coal in addition to the amount she brought here. On the 17th February I forwarded to the governor a dispatch calling his attention to the fact that the Shenandoah was a full-rigged sailing-vessel, steam being only auxiliary, and to the amount of coal she had upon her arrival here, and the quantity I learned she was taking on board in this port, a copy of which (No. 42) is herewith inclosed. The same day I learned that the remanded prisoner was also committed, and the four men held as witnesses to appear at the March term of the court. On the 17th I forwarded a dispatch to the governor, calling his attention to the affidavits heretofore forwarded him, showing that some ten or twenty persons had been shipped on board said vessel while in this harbor; also notifying him that I had forwarded to the attorney general the solemn declaration of Michael Cashmore, (No. 43,) a highly respectable citizen, to the same purport; and that I had also left with |