he never enlisted any seaman at any British port, or within the jurisdiction of her Majesty's government. He never asked any seaman what his nationality was, and had no knowledge whatever on the subject. With respect to the second charge, Captain Waddell states that on the 23d of June he captured a vessel called the Susan Abigail, which vessel had sailed from San Francisco, about the 20th of April, on a trading voyage to the Arctic Seas. She had newspapers on board, which contained the news of the surrender of General Lee, and also an address by President Davis to the southern people, issued from Danville, stating that the war would be carried on with renewed vigor. Captain Waddell states that he did not destroy any vessels after the 28th of June, and that he did not obtain information of the actual termination of the war until he fell in with the Barracouta, on the 2d of August, when he at once disarmed his ship. Temple is a very young man, under twenty. He shipped as an ordinary seaman, and was at first employed as boy to wait on the officers in the steerage. He was disrated from this office, and put to duty on deck. His affidavit contains a certain amount of immaterial truths, mixed with errors, and also every now and again a deliberate false statement. To several of these statements Captain Waddell offers the following observations. He says that he called on the governor at his official residence, but did not see him, and the governor never returned the call nor took any notice of him; nor did Captain Waddell ever speak to him either officially or privately. Captain Waddell did not entertain any of the officials of Melbourne. It is not true that the government engineer rendered any personal assistance or advice. The inspection he made was under the orders of his own government, as shown in the official · correspondence. It is not true that the name of the Sea King was painted out before Captain Waddell took possession of her; it was not painted out until she had been a week or more in his possession; it is not true that the Shenandoah cruised for a month off the Isle of Japan; it is not true that the vessel had on board two 18-pounders; it is not true that money and jewelry and other valuables were taken from the officers and crews of the captured vessels, or that he put the captured crews in irons, in order to induce them to enlist; it is not true that Captain Waddell sent some of the marines among the men to tell them that they were all to be southerners when their names were called over before Captain Paynter. There are numerous other false statements in the affidavit of Temple, which Captain Waddell deems it to be unnecessary to answer, but he denies the above, partly because some of them, if true, would affect his personal character as a gentleman, and the others hé denies because they are capable of being disproved by other evidence within the reach of her Majesty's government, and will show how utterly unworthy of belief this young man Temple is. Captain Waddell delivered up the Shenandoah to her Majesty's gov ernment, and her Majesty's government handed her over to Mr. Dudley. Mr. Dudley, therefore, had it in his own power to ascertain the fact that there were no 18-pounders on board the ship. When the vessel was handed over to Captain Waddell, at Madeira, she had two signal guns, which we understand were put on board her by the orders of her Majesty's government when on her previous voyage she had carried troops for her Majesty's government. Her Majesty's government have, therefore, the means for testing the correctness of this story. With respect to Temple, I may myself add, that unsolicited he called on me on the 24th November last and tendered his evidence on behalf of Captain Corbett. I asked him where he was born, and he said at Madras. I asked him when and where he had enlisted into the Shenandoah, and he said at Madeira. I then told him I could not with propriety accept his evidence, as it would compromise himself, and as he was a British subject at the time of his enlistment. He then said he was prepared to swear that he was born at Charleston, and I declined to have anything to do with him. I am, &c., &c., W. G. BATESON, Esq. F. S. HULL. Captain Paynter to the Secretary of the Admiralty. [Extract.] HER MAJESTY'S SHIP DONEGAL, SIR: I have the honor to acknowledge the receipt of your letter dated the 22d of January last, with its printed inclosures from Mr. Adams, United States minister, to the Earl of Clarendon, and in reply, beg to state that having received instructions from you dated the 6th of November, 1865, to prevent the late confederate ship of war Shenandoah from coaling or leaving the port of Liverpool, I placed a guard of officers and men on board, and took upon myself the responsibility of preventing Captain Waddell, the officers and men, from leaving the ship until I had your authority for so doing. For three days the Shenandoah lay at anchor in the waters of the Sloyne, and had there been the slighest desire on the part of any person at Liverpool during her detention to give evidence that any of her crew were British subjects, every facility would have been afforded them by myself, the custom-house officers on board, and Lieutenant Cheek, the officer in charge of the Shenandoah, but neither from the American consulate, the police, customs authorities, nor by magistrate's warrant, was any information forthcoming. If there had been, I should, of course, have supported the civil power. With reference to the discharge of the crew of the Shenandoah, in compliance with your order of the 8th of November, 1865, I beg to refer you to my letter of the 9th of November, and also to the letters which I herewith inclose, from Lieutenant Cheek and the paymaster of this ship, dated the 26th of January, 1866. On the subject of Mr. Adams's remark, that Temple's list will "set at rest the pretense of the officer sent on board that there were no British subjects belonging to the vessel," I most courteously beg to say that to my knowledge the United States authorities had plenty of agents at their command in this port, who could have arrested under proper warrant any person suspected of infringing the foreign enlistment act on board the Shenandoah whilst under my charge. As to the truthfulness or the falsehood of Temple's affidavit, I have obtained evidence that a young Indian calling himself William A. Temple, did, one month after the crew of the Shenandoah had dispersed, sign before Mr. Thornley, (public notary,) an affidavit giving a list of the supposed crew, and that it appears by W. A. Temple's own statement First. That he must have told a deliberate falsehood as to his nationality when he passed round and stated to me that he was an American seaman. Second. That he considers himself defrauded by the confederate authorities of twenty-two pounds, due to him for wages. Third. Mr. Woods, the landlord of No. 108 St. James street, states no man of that name lodged at his house. Fourth. He admitted before Mr. Hamner, manager of the Sailor's Home, that a considerable portion of his affidavit, declared before Mr. Thornley, was false. It appears to me scarcely possible whilst mustering out a crew to decide upon the nationalty or birthplace of most of the seamen frequenting this port; the enormous shipping trade with America, and the facility with which tickets of naturalization as American citizens can be obtained, secures absolute impunity in that respect, whilst the dress, style, and habits of the mongrel crews who man the vessels of this port are such complete disguises that I trust I may be pardoned, if as a British officer, accustomed during my whole period of service to the uniform and cleanly appearance of British men-of-war's men, I could not pronounce on my own responsibility whether some of the dirty-drawling, ill-looking, gray-coated, big-bearded men, who passed before me as the crew of the Shenandoah, were British subjects or American citizens. * * * I have, &c., &c., The SECRETARY OF THE ADMIRALTY. * * * ** R. A. PAYNTER, Captain. Mr. Warwick to Captain Paynter. HER MAJESTY'S SHIP DONEGAL, SIR: In compliance with your orders to report what I witnessed and heard on the occasion of the mustering of the crew of the Shenandoah, late confederate cruiser, on the evening of the 8th November last, I beg leave to state that I accompanied you on board that vessel to assist in endeavoring to ascertain whether any of the crew were British subjects; and to take notes and examine in the event of information of having infringed the foreign enlistment act being laid against any individual. On proceeding alongside the Shenandoah in the ferry-steamer a number of the crew swarmed on board by the hawsers, but were persuaded by you to return to their ship. I followed you into Captain Waddell's cabin and heard you ask him on his word of honor whether he was aware of any British subjects forming part of his crew? He assured you that he was not; neither did he believe there were any among them, and that they had all been shipped on the high seas. You then came out into the officers' mess place, called them round and asked if they were British subjects; they replied they were not, nor did they think any of the crew were. At your request Captain Waddell directed the senior lieutenant to muster the crew, which he did from a book resembling a watch bill, and said to be the only muster-roll on board. Each man as he passed across the deck was carefully scrutinized and asked what countryman he was. Most of them stated that they came from one or other of the southern States, some were Sandwich Islanders and a few Portuguese, but none acknowledged to being British, and judging from their appearance and dress I do not think they were, It was impossible, in the absence of any satisfactory proof, to have determined who were British subjects and who Americans, they were all so much alike, and the only means of ascertaining were those adopted by you, viz: questioning each individual as he passed at muster. No information whatever was lodged against any one during the time we were on board the Shenandoah. The crew appeared to me to be in a very excited state at having been detained on board for three days without any reason having been assigned or authority shown them for so doing, and I have no doubt that any further detention would have resulted in a serious riot. I have, &c., &c., ROBERT W. WARWICK, Paymaster. Her Majesty's Ship Donegal. Captain J. A. PAYNTER, Mr. Cheek to Captain Paynter. HER MAJESTY'S SHIP GOSHAWK, SIR: In compliance with your order calling on me to report the proceeding on board the Shenandoah during her detention at this port by the British authorities, I have the honor to inform you that agreeably to instructions dated November the 6th, 1865, I proceeded in her Majesty's gunboat Goshawk under my command and lashed her alongside the vessel. In the evening Captain Waddell informed me that the vessel having been taken in charge by the custom-house authorities, he considered himself, the officers and crew relieved from all further charge and responsibility of the ship, and that his authority over the crew would also end. The following day (November the 7th) the crew requested that I would allow them to land, none of them having been on shore for more than nine months. I told them that under the circumstances it was not in my power to grant it, and persuaded them to remain quiet for a day or two, till orders could be received from London. They then demanded to see my authority for detaining them. I explained that I acted under orders from you. They replied that you could have no charge of them without instructions from Earl Russell, the Foreign Office, or the American minister, as they were American subjects. This evening, as on the previous one, I succeeded in pacifying the crew by reasoning with them. On the following morning (November the 8th) the crew were getting riotous, and determined to remain on board no longer-eight or ten had already deserted. I, therefore, in a letter to you, explained the excited state the crew were in, and that I had heard from one or two of the officers their determination to leave the vessel that evening at all risks; I should therefore be compelled to let them escape, or else detain them by force. The answer I received from you was that I was to act up to your orders, and the crew were to remain on board, but that you hoped soon to have instructions from London. I would call your attention to the excited state of the crew by their conduct in attempting to desert, many of them jumping on board the steamer and trying to conceal themselves when you came to muster and examine them, on which occasion I accompanied you into the cabin and heard you question Captain Waddell as to whether he believed any of his crew to be British subjects; he replied in the negative, and stated that he had shipped them all at sea. On your questioning the officers they also made the same statement. The first lieutenant mustered the crew from a book of his own-the only list found on board-and you stopped and questioned the men as they passed before you. Each one stated that he belonged to one or the other of the States of America. The personal baggage of the officers and crew was examined by the custom-house officers, to prevent any American property being taken on shore. On the evening of the 9th of November you again came on board the Shenandoah, and met the American consul in the cabin of a tug he had hired to bring him alongside. He then promised to send an officer to take charge of her, as a captured confederate cruiser, on behalf of the American government. On the 10th of November Captain Freeman came on board and took charge, under orders from the American consul, and in compliance with your memorandum I handed the vessel and stores over to him. On my leaving the Shenandoah Captain Freeman hoisted the American ensign and pendant, and proclaimed her a man-of-war. During the time I was on board I received no information, nor could I obtain any evidence, that any of the crew were British subjects. Had I done so, I should have arrested them, and immediately communicated with you for further instructions. I bave, &c., &c., Captain J. A. PAYNTER, Her Majesty's Ship Donegal. ALFRED CHEEK. Governor Sir Charles H. Darling to Mr. Cardwell. [Extract.] GOVERNMENT HOUSE, Melbourne, March 21, 1866. SIR: I have the honor to inform you, in reply to your dispatch No. 8, of the 30th January, that I saw the officer commanding the Shenan; doah only upon one occasion. That occasion was the celebration of divine service in the church which I attend habitually. I did not know who the stranger was until I received information on the subject. After the conclusion of the service he called to pay his respects to me at my office in Melbourne. I had not arrived at the office, and he left his card. He did not repeat his visit, and I have never exchanged a syllable orally with that gentleman. After this statement, I need scarcely say that I was not entertained, either publicly or privately, by him on board his vessel, and that he was not entertained in any way by me. I am certain that none of my ministers either offered to, or received from, him any attention. Captain Waddell and his officers were, I am aware, entertained at a dinner party at the Melbourne Club. This dinner was not given by the club, |
