ing the permission desired, and requesting information as to the nature and extent of the repairs and supplies required, in order that the governor might be enabled to judge of the time necessary for the Shenandoah to remain in the port of Melbourne. Extracts of orders issued by Her Majesty's government for the proper preservation of neutrality were at the same time forwarded for Lieutenant Waddell's guidance.1 Upon receiving this communication, Lieutenant Waddell applied to Messra. Langlands, iron-founders, of Melbourne, to examine the vessel and undertake the repairs. He seems further, from a report received by the governor from the officials of the port, to have at once set men to calk the decks and outside of the vessel, which was the only repair that could be executed in her position at the time. On the 28th January he wrote to apologize for the delay in furnishing the particulars requested of him, and explained that Messrs. Langlands had been pursuing the examination, and had not yet finished their report, although he had impressed upon them the importance of haste. On the 30th January a report of the repairs required was furnished by Messrs. Langlands, and forwarded by Lieutenant Waddell to the colonial govern ment. It was to the effect that it would be necessary to place [95] the vessel on the slip.3 On the same day, and before *granting permission for this purpose, the governor appointed a board of three officers, one of whom was the government engineer, to proceed on board the Shenandoah, and report whether she was then in a fit state to go to sea, or what repairs were necessary. This board had the vessel examined by a diver, and reported on the 1st of February that she was not in a fit state to proceed to sea as a steamship; that repairs were necessary, and that the extent of the damage could not be ascertained without the vessel being slipped. Permission was thereupon granted for placing the vessel upon the slip, which had originally been built by the government, but was at that time in the hands of a private firm. In reply to a renewed inquiry, Lieutenant Waddell stated the nature of the supplies required by him, which consisted of fresh provisions daily for the crew, and stores of wine, spirits, lime-juice, and clothing." Of these he received permission to ship such quantities as might reasonably be necessary. An application which he made to be allowed to land. some surplus stores was refused, on the advice of the attorney-general, as being inconsistent with the proper observance of neutrality; and he was afterward informed that, for the same reason, the use of appli ances which were the property of the government could not be granted, nor any assistauce rendered by it, directly or indirectly, toward effecting the repairs of the Shenandoah. The governor had also given directions that the officials of the port should furnish him with daily reports of the progress made in repairing and provisioning the vessel, and that every precaution should be taken against her armament being increased or rendered more effective. The reports received not showing sufficient progress in the repairs, a letter was addressed to Lieutenant Waddell on the 7th February, desiring him to name a day for proceeding to sea. Lieutenant Waddell Appendix to British Case, vol. i, p. 511; vol. v, p. 65. 2 Ibid., vol. i, p. 529; vol. v, p. 79. 3 Ibid., vol. i, p. 640; vol. v, p. 69. 4 Ibid., vol. i, p. 513; vol. v, p. 73. 5 Ibid., vol. i, pp. 517 and 641; vol. v, pp. 69, 70. Ibid., vol. i, p. 642; vol. v, p. 77. 8 Ibid., vol. i, p. 529; vol. v, p. 74. explained the delay which had taken place as arising from the recent gales, which had prevented him from lightening the vessel. It will be seen by the reports from the officials of the port that the Shenandoah had broken adrift from her mooring. The state of the tides further interfered with the process of getting her on the slip, which was at last effected on the 10th February. The board of officers appointed by the governor then again examined the vessel, and reported that the repairs necessary to render her seaworthy could be effected in about five clear working-days. On the 14th February Lieutenant Waddell was again requested to state when the Shenandoah would be ready to put to sea, and he replied that she would be ready for launching on the afternoon of the next day; that he had then to take in all his stores and coals, and to swing the ship; and that he hoped to proceed to sea in her by Sunday, the 19th instant.* In the meanwhile the consul of the United States bad, since the arrival of the Shenandoah at Melbourne, continued to address protests to the governor, denouncing the vessel as a pirate, and contending that she was not entitled to be considered as a ship of war, and that it was the duty of the government to seize and detain her. These communications, which were accompanied by various affidavits of persons who had been taken off American merchant-vessels captured and destroyed by her, were submitted to the legal advisers of the colonial government. They reported their opinion that there was no evidence of any act of piracy committed by any person on board the ship, and that she purported to be, and should be treated as, a ship of war belonging to a bellig.. erent power. An answer to this effect was accordingly sent to the consul. On the 10th February the consul forwarded an affidavit taken before him by a man who had lately been cook on board the ship, which tended to show that men had joined her from the colony, and were at that time concealed on board of her. The matter was at once placed in the hands of the police; and, evidence having been obtained to identify one of the persons suspected, a warrant was issued for his arrest on the 13th February. On the evening of the same day a police officer went on board for the purpose of arresting the men; but both on that occasion and on the following! morning he was refused permission to go over the vessel for the purpose, Lieutenant Waddell pledging his word of honor as an officer and a gen-1 tleman that he "had not any one on board, had not engaged any one, and would not do so while he was at Melbourne," and declaring that he! would rather fight his ship than allow her to be searched for the man." The matter was laid by the governor before the executive council [96] on the same day. The *Shenandoah was at this time on the slip. although nearly ready to be launched. A letter was addressed to Lieutenant Waddell calling on him to reconsider his determination, and intimating that, in the meanwhile, the permission to repair and take in supplies were suspended. A proclamation was at the same time issued by the governor forbidding Her Majesty's subjects to render any aid or assist. 1 Appendix to British Case, vo!. i, pp. 542, 643; vol. v, p. 77. 2 Ibid., vol. i, p. 529; vol. v, p. 80. 3 Ibid., vol. i, p. 522; vol. v, p. 78. +Ibid., vol. i, p. 643; vol. v, p. 78. Ibid., vol. i, p. 515; vol v, p. 88. Ibid., vol. pp. 593, 617; vol. v, p. 88. 7 Ibid., vol. i, p. 606; vol. v, p. 107. Ibid., vol. i, p. 536. Ibid., vol. i, p. 524; vol. v, p. 109. 1 he Shenandoah, and a body of 100 police and military were orwn by telegraph to seize the ship. This they proceeded to do the ernoon. About 10 o'clock in the evening four men were seen the vessel in a boat pulled by two watermen. They were folad arrested, and one of them proved to be the man against e warrant had been issued.1 nant Waddell wrote to protest against the course which had en. He denied that the execution of the warrant had been rethere was no such person as therein specified on board. He at all strangers had been sent out of the ship; and that, after gh search by two commissioned officers, it had been reported to no one could be found on board except those who had entered as a part of the Shenandoah's complement of men. "I, therewrote, "as commander of this ship, representing my governBritish waters, have to inform his excellency that there are no on board this ship except those whose names are on our shipping and that no one has been enlisted in the service of the Confedites since my arrival at this port, nor have I, in any way, vioneutrality of the port." This letter was laid by the governor s council on the 15th of February, together with one from the the slip. The letter stated that, should a gale of wind come on, be necessary either to launch the Shenandoah, or to run a great er sustaining serious damage in consequence of her unsafe and that the government must take the responsibility of nses which might be incurred. As the object in view had ured by the arrest of the men, it was decided, under these cires, to withdraw the previous prohibition, and to allow the f the vessel. Lieutenant Waddell was informed that this had e on the faith of the assurance he had given; but his attention d to the fact that the four men arrested had been on board his he was told that he would be expected to use all dispatch, so are his departure by the day named by him, the 19th.3 tenandoah was accordingly launched on the evening of the 15th ; she reshipped, from a lighter, the stores which had been disbefore placing her on the slip, and, after taking on board supcoal, she left Melbourne at half past 7 o'clock on the morning th of February, being one day sooner than was expected. ight to say that Lieutenant Waddell wrote to deny that the arrested had been on board with his knowledge; they had, been ordered out of the vessel by the ship's police, who had eeded in discovering them after the third search. The officers henandoah also published, in one of the newspapers, denials of plicity in the matter on their part. the two days which elapsed between the launch of the Shenand her departure from the colony, the most careful vigilance ined on the authorities to prevent any violation of the foreignat act. A reference, however, to the nature of the harbor, and rcumstances of the case, will show how difficult it was to take precautions for this purpose. Hobson's Bay, the harbor of ne, is the inland termination of Port Phillip, a large basin of oval shape, some 60 or 70 miles in circuit, with a narrow enthe sea. Such a conformation of coast offered great facilities Appendix to British Case, vol. i, pp. 525–527 ; vol. v, pp. 109–112. Ibid., vol. i, p. 644; vol. v, p. 110. Ibid., vol. i, p. 645; vol. v, p. 112. Ibid., vol. i, p. 646; vol. v, p. 113. |