the vessel. [Hear, hear.] If the government cannot do so, then this neutrality proclamation simply affords additional facility for the vessel of a belligerent power entering a neutral port to be better equipped for war purposes.

The matter then dropped.

MEETING AT THE CRITERION.-A public meeting was yesterday convened by unsigned placards, to be held at the Criterion Hotel, Collins street, to "protest against the action of the government in seizing the Shenandoah." The meeting was convened for half past 3 p. m., but shortly before that hour a written notification was placed outside the Criterion Hotel, of which the following is copy:

"SHENANDOAH.

"This vessel has been released by the government.

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"Opinion of Air. T. H. Fellows.

Question. Have the government of this colony any right to search the Shenandoah for the alleged offender Charley-Answer. I am of opinion that the government have not the powers which they claim. A ship of war, commissioned by a foreign government, is exempt from the jurisdiction of the courts of other countries.'

"There will, therefore, be no meeting."

A very large number of persons assembled outside the hotel, and appeared very dissatisfied with the conduct of the conveners of the meeting. After considerable delay a number of persons entered the large room of the hotel, and Mr. George Robertson mounted a table and addressed the assemblage. He said he did not know who were the original promoters of that meeting, but he and other citizens came there to express their opinions on the action of the government. He therefore moved that Mr. R. Kent take the chair.

Mr. Moton Moss seconded the resolution; which was carried.

Mr. Kent said that he was called upon quite unexpectedly. The original promoters of the meeting had deserted their post; still the citizens wished to express their opinions on the subject. He was not identified with either the North or the South, but the question which he submitted to the meeting was, had the government acted in accordance with the principles of international law? The government were bound to afford the Shenandoah opportunities for repairing damages, &c., yet she had been seized, and he was surprised that on the previous evening not one honorable member of the assembly had put the question to the government why this step had been taken. He had no doubt that that question would be put that night, but meantime it was right for the citizens to express their opinions. The question involved large issues; nothing less than whether peace or war was to exist between England, her colonies, and the South American confederacy. He concluded by inviting speakers to come forward and address the meeting. After a sport pause,

Mr. G. Robertson said he appeared in the cause of common sense. If no one was prepared to move a resolution in pursuance of the object for which the meeting was convened, he should after the lapse of a few minutes move that the meeting adjourn. A Voice: I propose that, mean time, we all adjourn for nobblers. [Laughter.] Mr. Robertson: We can do that at any time and not at your expense. [Laughter.] Mr. Freame defended the conveners of the meeting, as the opinion of Mr. Fellows and the release of the vessel removed the necessity for the meeting. [Considerable confusion ensued. The speaker was met by cries of "Bring forward your resolution,' and "You cannot excuse those who called the meeting and are not here."]

وو

Mr. McKay declared that he had seen Mr. Longlands a few minutes prior to the meeting, and he had positively stated that the Shenandoah was not released. Mr. Ferguson flatly contradicted Mr. McKay's statement.

Mr. Moton Moss here rose and wanted to know what was the use of Mr. Higinbotham as a law-officer of the Crown.

Mr. Philip Cohen then rose and said that he was not in any way identified with the origination of that meeting, but he came to see what was going to be done; and now that a number of citizens had assembled, an expression of opinion should be made as to

the action of the government in the seizure of the war-ship Shenandoah. He would [119] *ask that meeting, if the Shenandoah had been a Federal ship, would the gov

ernment of this colony have dared to lay a hand upon her? [Loud cries of “No, no;" and cheers.] No; they would have shaken in their shoes before daring such an attempt. Had the Shenandoah been a war-steamer belonging to the smallest, the most trivial power of Europe, would the government have dared to touch her? [A voice, "Certainly not; but they seize a pirate."] He contended that she was not a pirate. She had been acknowledged by the government as a ship of war belonging to à belligerent power; and being such, the government had no right to lay hands upon

her. [A voice, "She is a British steamer, the Sea King, and not the Shenandoah."] He considered that when 6,000,000 or 8,000,000 men, descended from the Anglo-Saxon stock, unanimously demanded the right of self-government, they should be granted that right; and when a ship belonging to a confederation struggling for that right came into a neutral port, and was allowed to be placed on the slip for repairs, when she was, in fact, powerless, it was an act of cowardice in any government to seize her by force. [Prolonged cheers.]

Mr. Quinlan, barrister at law, said he believed there was no resolution before the meeting; in order to get the proceedings into a business-like shape, he would submit a resolution, "That the proceeding of the government was ill-advised in seizing the Shenandoah, and likely to endanger our happy relations with a state which was likely to be very powerful." He appeared before that meeting as the upholder and friend of all downtrodden nationalities, as the friend of those who strove to be free. He felt sure that the citizens of Melbourne were too well informed as to the casus belli between the North and the South to believe that it was a slave question. In order to disprove the assertion of those who held the view that the slave question was the cause of the war, he need only refer to the letters of the Times correspondent, and the writings of Mr. Spence. No, it was not a slave question; but rather a question of free trade versus protection. [A voice: "So is the present meeting."] The action of the government was undoubtedly ill-advised, and in order to support his assertion he would not rest on his own opinion, but referred to the greatest authorities on international law. It had been said that the Shenandoah had been seized for a breach of the foreign-enlistment act. Now, in order to understand the question it was necessary to point out the radical difference which rested between municipal and international law. The chief object of the latter was to deprive war of some of its horrors, to infuse the elements of Christianity and humanity into contests between nations. On the other hand, municipal laws were of local and civil application. The foreign-enlistment act was a municipal act, which prohibited British subjects from enlisting in a foreign service to fight the battles of foreign nations; but this did not justify the government in attempting to serve a civil search-warrant on a ship of war. The government had no right under the circumstances to board and seize the ship. This was the opinion of Wheaton, one of the greatest authorities on international law. No civil power had jurisdiction over a man-of-war. It might be said that the Southern States of America were not a nation, but he contended that their valor and unanimity entitled them to be considered an independent State, de jure. On reviewing the history of the struggle between the American States and England, which resulted in the declaration of American independence, he contended that the South was justified in the course which it now adopted. Had the American States in 1777 failed to establish their right to self-government, they would have been treated as rebels, and would have been liable to all the disabilities arising therefrom. But they were victorious. In like manner the Southern States had for four years upheld the cause of downtrodden nationality in the face of the greatest difficulties, and had proved that de jure they were a sovereign power. He believed that their efforts would be ultimately successful, just as the American States had secured their independence in 1777. Though the South was not recognized by the States of Europe as a sovereignty, that was not necessary to an existence as an independent state. In this assertion he was borne out by the authorities on international law, from the days of Cicero downward. ["Oh, oh," and laughter.] They might cry "oh, oh," but he would inform those who did so that Cicero wrote a work entitled "De Republica." He held that the South was not only a sovereignty de jure, but also de facto. He was glad to learn that the opinion of the Hon. Mr. Fellows was averse to the action taken by the government.

In conclusion, he said that he regarded the course adopted by the government as likely to interfere with our happy relations with what was likely to become a great and glorious nation. [Cheers and confusion.]

Mr. Rowe seconded the resolution. He considered that the government had been guilty of a breach of the rules of ordinary hospitality. When the ship first arrived the captain had applied to the governor for permission before even he allowed a man

to go ashore. Certain facilities were given her for repairing; but it was not [120] till she was on the *slip, in a defenseless state, [cheers,] that it was resolved to

seize her. In fact we had seized a guest whom we had invited to our table. Nothing could surpass this violation of law, not even the seizure of the Florida. He regarded the question as a colonist, and urged that the South was now engaged in a struggle in which this colony, or the Australian colonies, might some of these days be involved. [Cries of "No, no."] He said yes, for the war was simply in support of a demand for the rights of self-government. As to the rumors about stowaways, he had it from Captain Waddell himself that up to the time of his ship being placed on the slip, when she was defenseless, he caused a strict search to be made; but once upon the slip, it was very easy for men to be surreptitiously placed on board. [A voice : "A Federal dodge."]

After much confusion, and some irregular remarks from various speakers, the resolu

tion was read in an amended form, as follows: "That the course adopted by the government in seizing the Shenandoah was ill-advised, and likely to be subversive of our friendly relations with neighboring neutral states."

Mr. McKay, amid loud expressions of disapproval, moved as an amendment, "That this meeting approves of the steps taken by the government in detaining the Shenandoah until a full investigation has been instituted." He contended that the original motion condemned the government without reason. The vessel was not the Shenandoah at all; it was the Sea King, built on the Clyde; and the Southerners had, in his opinion, no more right to send out such privateers than John Mitchell would have had. [Confusion.] The man who carried on the Irish rebellion had just as good a right as these southerners had.

Mr. P. Cohen said that he thought it was highly improper for either northern or southern partisans to interfere at that meeting, as it was called for the purpose of giving British inhabitants an opportunity of protesting against the conduct of the government. [Hear, hear.]

The confusion, which had been increasing throughout the meeting, here reached its climax.

Mr. Herberson rose to address the meeting, and remarked that those who had preceded him had made a mistake in addressing the audience as gentlemen." This uncomplimentary allusion was sufficient to insure the speaker being hissed down. Mr. J. W. Randall next appeared on the table, and was met in the usual noisy manner. After some prefatory remarks, he said that he had just returned from Williamstown, and had there been credibly informed that emissaries of the Federal Government had offered seamen of the Shenandoah sums varying from £50 to £100 to desert and inform against the captain. [Cries of name, name.] He strongly deprecated such proceedings, and objected to the course adopted by the government under the advice of the Crown law-officers, Messrs. Michie and Higinbotham, who understood international law so little that they had to be set right by Mr. Fellows. In fact, the government knew as little of international law as they did about tariffs. He protested against the public being thus dragged through the dirt and made subjects of ridicule for the English press, at the instance of a government who had no right to act in the manner it had presumed to do. [Cheers.]

The amendment was then put and lost, and the motion was put and declared carried, amid loud cheers.

A vote of thanks to the chairman, and three cheers for the Shenandoah, brought to a close one of the most disorderly meetings which has ever been held in Melbourne.

From the Herald of February 17, 1865.

THE SHENANDOAH RECRUITS.-At the Williamstown police court yesterday, four men, named James Davidson, alias Charley, Arthur Walmsley, William Mackenzie, and Franklin Glover, were brought up before Mr. Call, P. M., Mr. Hackett, P. M., and Mr. Mason, J. P., charged with a breach of the foreign-enlistment act. The information in each case stated, "That being a natural-born subject of the Queen, you did unlawfully, knowingly, and without the leave or license of Her said Majesty for that purpose had and obtained under the sign-manual of Her Majesty, or signified by order in council, or by proclamation of Her Majesty, enter yourself and agree to enlist and enter yourself to serve as a sailor, and to be employed and serve in and on board a certain vessel of war, fitted out, used, equipped, and intended to be used for warlike purposes in the service of a certain foreign power, province, or people, or part of a foreign power or people, exercising and assuming to exercise the powers of government, to wit, the Confederate States of America.'

The prisoners were thus described: Davidson, as a native of Scotland, aged [121] 22; *Walmsley as an Englishman, aged 17; Mackenzie as an Englishman, aged 22; and Glover as an American, aged 24.

Mr. McDonnell, instructed by a clerk from the Crown law-offices, appeared for the prosecution. The prisoners were undefended.

Mr. McDonnell asked for an adjournment, as he had only just been instructed, either for two hours or until the next day.

The prisoners, however, said they were ready to go on.

The bench, therefore, thought it would be unfair to keep them in custody any longer than was necessary.

Eventually the case was adjourned for an hour.

On the court resuming, Mr. McDonnell said that the proceedings were instituted under act 59 George III, cap. 69, commonly known as the foreign-enlistment act. He would prove that the prisoners went on board the Shenandoah in these waters, and within the jurisdiction of this colony, for the purpose of entering into the service of a belligerent state, with which this country was not at war. He would further prove

that they were British-born subjects; that they were on board; that they were seen to get over the side of the vessel into a boat, come ashore, and that on reaching the shore they were apprehended, and further matters in the way of conversation that then took place between them and the police who apprehended them. That would be sufficient to satisfy the requirements of the statute. A case was decided in the exchequer chambers at home in which the law was fully gone into, and although that was for equipping a vessel for war, the same act applied. The case was known as the Alexandra case. The point submitted for the adjudication of that court did not arise directly in the present instance, but the principle did incidentally. He was then proceeding to call evidence, when

Mr. Call asked whether it was proposed to make it a joint prosecution, and mentioned that in a superior court an indictment could not be filed against all together. After some discussion, Mr. McDonnell elected to proceed first against Davidson, alias Charley. The others were then removed, and the following evidence called:

Richard Wardle, watch-house keeper, said that on the 14th instant the prisoner was brought to the lock-up in company with three others. He gave the name of James Davidson, and said he was a native of Scotland. (The witness then read the entry, which showed the witness was brought in at ten minutes past 10 o'clock at night; that he was a Protestant, and that he could read and write.)

John Williams deposed: I belong to the United States of America. I was taken from the bark De Godfrey, on which I was employed, by the Shenandoah, on the 7th of November, 1864. I entered on board the Shenandoah in the capacity of cook. (The witness was here asked as to the circumstances under which he joined the Shenandoah, but the bench ruled that it was unnecessary and also unadvisable to try and turn the proceedings into a sensational trial.) I arrived here on the 23d January. I know the prisoner; he gave his name as Charles. He came on board two days after we arrived. He was employed as assistant cook to the ward-room officers. When he came on board he had on the clothes he now wears. While on board he wore the confederate uniform. I had a conversation with him while he was on board. I asked him where he belonged to. He said London. I asked him what ship he came by, and he said the Great Britain. He said he would like to ship on board the Shenandoah, and while we were talking, Sailing-Master Bullock came into the galley where prisoner and I were. That was about a week after prisoner came on board. Mr. Bullock asked prisoner what he wanted in the ship. He told him that he came to join the ship. Mr. Bullock told him to keep out of sight while the visitors were on board.

To Mr. Call: At that time the prisoner had on the ship's uniform.

To Mr. McDonnell: When told to go out of sight, the prisoner went into the forecastle. Mr. Bullock told the master-at-arms to lock the forecastle-door, and to allow no visitors in. The prisoner at that time was in the forecastle. I left the vessel on the 5th February. The prisoner was on board then.

4

To Mr. Call: Prisoner at that time was cooking. When the visitors went ashore he came out, and in the morning when they began to arrive he went into the forecastle again. He was let out at night to get his hammock on the berth-deck. He slept next me. I cooked the "grub" for him, and sometimes took it to him myself. At mealtimes the master-at-arms unlocked the door, passed the "grub" in, and then relocked the door. John McDonnell: The prisoner got his uniform from Griffiths, a seaman. While on board the first lieutenant also spoke to the prisoner on several occasions. The [122] *prisoner wore his uniform when Lieutenant Whittle spoke to him, and was in the galley cooking.

To Mr. Call: The lieutenant told him he dare not ship him while in port, but ordered him to keep out of sight, and said he would ship him when out of port.

Prisoner: Did I ever tell you my name?

Witness: Yes; you did.

Prisoner: When?

Witness: I called you Bill when in the galley, and you said, "My name is not Bil; it is Charley."

Prisoner: Think again. You are mistaken.

Before

Witness: You asked me for a razor to shave with, and I gave you one. To Mr. Call: It was on the second day when the prisoner asked for a razor. that he had full whiskers. (The prisoner appeared in court with simply a moustache and chin-tuft.) He said he wanted to disguise himself so that people would not know him. He then shaved himself as he now appears.

Walter J. Madden: I am a native of Boston. I was a seaman on board the bark De Godfrey. I was taken out of her on the 7th November, 1864, by the Shenandoah. I went from the De Godfrey and entered the Shenandoah as a seaman. After going on board I was rated as master of the hold. We arrived here on the 25th January. To Mr. Call: This is the first port we touched at since I joined the Shenandoah. To Mr. McDonnell: I know the prisoner. He first came on board a day or two after we arrived here. He worked in the galley, and he had on the ship's uniform. I had

some conversation with the prisoner. I asked him what he was doing on board, and he said he came to join her if he could. Visitors were on board while I was there, and the prisoner was in the forecastle while they were there. The forecastle was locked while he was there by the master-at-arms. He got his dinner in the forecastle at 12 o'clock. Dinner used to be passed in to him in the forecastle. It was passed in by the cook's mess-boy. I never saw Williams pass it in, but I have seen Quartermaster Wiggins do so.

To Mr. Call: It was passed in through the cable-hole, which was large enough for a man to get through. There was a door to that hole, which was not locked, although it could have been. It was kept shut.

To Mr. McDonnell: While visitors were on board the prisoner was locked up in the forecastle; after they left he used to come out in the evenings. We used to call him "Charley on board. He slept in the fore-hatch and I slept aft. I left the vessel on the 6th; I think a week last Monday. When I left the vessel Charley was then on board. He usually wore the uniform "pants." He wore them all the time he was on board. I have seen him wear the uniform cap sometimes.

To Mr. Hacket: It was a gray cap, with two red and one white stripe round it.

To Mr. McDonnell: I have seen the petty officers speaking to him, and he then had on the uniform. One was chief boatswain's mate, and another the master-at-arms. I saw them speak to him every evening. I was not present when any order was given to the prisoner by the officers. His general work was cooking in the galley. The prisoner said he did not wish to ask any questions.

Witness, (to Mr. Call :) There had been many workmen about the vessel, but none of them slept on board for the night. We had no hired labor for the galley. While the prisoner was in the forecastle, which was ordinarily used as a store-room, there were other persons there besides those who had come in with the ship. The prisoner is the man concerning whom I laid an information the other day. The muster was twice called over while we were in port, and while I was on board, by the chief lieutenant, at about 9 or 10 o'clock in the morning. Every one who was on the ship's articles was mustered. The boatswain sung out, "All hands to quarters." The men were mustered by their numbers at the guns. The carpenters and others were not called over; excepting for men at the guns, no roll was taken. The second lieutenant and the quartermaster went round to see after the others. On the first Sunday in every month all hands were mustered and the laws read out.

To Mr. Hackett: I do not belong to the ship now. I have come ashore, [laughter,] and am not going back.

Mr. McDonnell wished the witness to explain, but it was considered unnecessary. Charles Bincker said: I am a native of Germany. I was taken from the bark Alina, on which I was a seaman, by the Shenandoah, on the 29th October. We were then at sea. I know the prisoner. I first saw him about twelve days ago, and five [123] *or six days after we arrived. I left the vessel last Sunday. From the time when I first saw him, until I left, he continued to be on board. I heard him called Charley.

To Mr. Call: He was acting as cook in the galley.

I saw

To Mr. McDonnell: He wore gray clothes; the uniform of the vessel. He wore gray trousers and a gray cap with two red stripes and a white one in the center. visitors come on board; while they were there Charley was in the forecastle. At dinner-time he was in the forecastle; he used to get his dinner there. He was locked up in the forecastle. He got his dinner from the mess-cook's boy. It was passed through the cable-hole. I have seen the master-at-arms unlock the door. When the visitors went away, the prisoner went into the galley and was cooking.

To Mr. Call: He got out sometimes through the hole and sometimes he was let out. I have never seen him come out or go in. I have seen the master-of-arms lock the door.

To Mr. McDonnell: He slept in a hammock on the berth-deck.

To Mr. Call: I never saw any of the officers talking to him while I was on board. Herman Vecher, sworn: I am a native of Germany. I was on board the Alina with the last witness in October last, and was taken from her by the Shenandoah. I arrived here in the Shenandoah in January last. I know the prisoner. I saw him on board about seven or eight days after we arrived. I left the vessel last Sunday, and until I left I saw him continually on board. He was in the galley as cook. He wore the uniform. I have seen him in the forecastle in the day-time-after breakfast and during the dinner-hour. He used to have his breakfast in the forecastle. When visitors were on board he was in the forecastle. After they had gone I used to see him in the galley. He slept between decks in a hammock. I have spoken to him about the Shenandoah, and he told me he had joined her as cook.. I have not heard the officers speak or give orders to him.

The prisoner said he did not wish to ask any questions.

Witness recalled: While I was on board I never saw any officer go into the forecastle to see who was there.