CO885-(10-11) — Page 402

3862.

No. 328.

(VICTORIA.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, April 21, 1865. We are honoured with your Lordship's commands, signified in Mr. Murray's letter of the 18th instant, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing copies of Despatches from Governor Sir E. Darling, together with their several enclosures relative to the visit to the Port of Melbourne, of the Confederate States Steamer "Shenandoah," and the alleged enlistment of British subjects there to serve on board that vessel: and to request that we would take these papers into our consideration, and favour your Lordship with any observations we might have to offer thereupon, and more particularly as to whether they seem to require any action on the part of Her Majesty's Government.

In obedience to your Lordship's commands we have taken these papers into our con- sideration, and have the honour to

Report

That it appears to us that in the circumstances stated his Excellenoy the Governor acted with propriety and discretion; and there does not appear to us at present to be a necessity for any action on the part of Her Majesty's Government.

With regard to his Excellency's request that he may receive instructions as to the propriety of executing any warrant under the Foreign Enlistment Act on board a Confederate (public) ship of war, we are of opinion that in a case of strong suspicion he ought to request the permission of the Commander of the ship to execute the warrant; and that if this request be refused, he ought not to attempt to enforce the execution, but that in this case the Commander should be desired to leave the port as speedily as possible and should be informed that he will not be re-admitted into it.

The Earl Russell, K.G.,

We have, &c.

(Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

&c.

&c.

⚫ 16270,--490.

35.-2/06.

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PUBLIC RECORD OFFICE

6

Reference :-

C.O. 885

10PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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