389.
No. 378.
(VICTORIA.)
PUBLIC RECORD OFFICE
Reference :-
mmmmmC.O. 885
LAW OFFICERS to FOREIGN OFFICE.
Lincoln's Inn, January 9, 1866. MY LORD,
We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of December 30, 1865, stating that with reference to his letter of the 22nd of that month he was directed by your Lordship to transmit to us a further note and its enclosures from Mr. Adams, respecting the case of the "Shenandoah," and to request that we would take the same into our consideration and favour your Lordship with our observations thereupon.
In obedience to your Lordship's commands we have taken these papers into our consideration, and have the honour to
Report
That the enclosures in Mr. Adams' letter contain the first evidence which has been submitted to Her Majesty's Government bearing on the alleged piracy of Captain Waddell and on the alleged breach of the Foreign Enlistment Act on the part of persons forming part of the crew of the "Shenandoah" when she arrived at Liverpool.
It does not
With respect to the charge of piracy: Temple certainly states that on some day of June last Captain Waddell was told by the captain and crew of the vessel which he had captured that General Lee had surrendered and that the war was over. appear that this statement of the captain and crew (if actually heard by Temple) was at the time confirmed by anything written or printed, such as newspapers, letters, &c., &c., and the truth of Temple's statement may be greatly doubted from the entire ́ silence of the protest of the master of the " William C. Nye," stated by Temple to have been afterwards captured (a copy of which protest was sent by Mr. Adams to Lord Russell on the 21st October last) upon the same point, Captain Waddell continued to make prize after this; but after the receipt of the next information (the date of which is not given, further than that it was before the fith of July) Temple does not assert that any further prizes were made. The next date which he gives is the 2nd August, when Captain Waddell made further inquiries of the "Barracouta," an English vessel, and upon receiving from her confirmation of the intelligence determined to sail to England.
We do not think that upon this evidence there would be such a reasonable probability of obtaining a conviction on the charge of piracy as to warrant a prosecution. Temple's statement as to the first communication of the cessation of the war to Captain Wad- dell would probably be contradicted by witnesses on Captain Waddell's behalf; but even if it were uncontradicted, the jury might well doubt whether Captain Waddell really believed the information of what he must have regarded as highly improbable until it was subsequently confirmed, and if he did not believe it the mens rea necessary to his conviction would not be established.
With respect to the nationality of some of the crew of the "Shenandoah," we think that the statements of Temple (although he does not show what means he has of knowing that any of the persons described as British subjects in his list are natural- born subjects of Her Majesty) are such as to render further inquiries necessary; endeavours should be made to ascertain the present residence or whereabouts of those whom he describes to be British subjects, and to ascertain what further proof can be obtained on this subject. Mrs. Marshall cannot give evidence against her husband, but other evidence against him may possibly be obtained. On the whole we advise that prosecutions for offences against the 2nd section of the Foreign Enlistment Act should be instituted against any British subjects against whom Temple's evidence can be confirmed by reliable testimony; and if no such testimony can be obtained against other persons, it will deserve consideration whether upon his own admissions a prose- cution should or should not be instituted against Temple himself.
With respect to that part of Mr. Adams' letter, which refers to two 18-pounder guns when she left England, we have to being mounted on the deck of the "Shenandoah
o 16278.-$59,
12
N.B. "William C. Nye" was taken on the 26th June. (Signed) R.P.
25.-$106.
J
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-| COPYRIGHT PHOTOGRAPH—NOT TO