The American Civil War of 1861 to 1865 had an immense impact on the United States of America (USA) and across the globe. This extended to a little-known incident in 1865, which unfolded in the then-colony of Victoria.

The incident almost led to the eruption of hostilities between the might of the British Empire and the ‘Gray Storm’ of the Confederate war machine.

At the centre of the incident was the Victoria Police.

THE CSS SHENANDOAH

The Confederate State Ship (CSS) Shenandoah was a fully-rigged steamer clipper, secretly purchased in Great Britain in October 1864 by the Confederated States of America – also known as the Confederacy – comprising the 11 states that had seceded from the USA. The ship departed England on 8 October under a false identity as a British cargo ship. Eleven days later, it announced its actual status in a military ceremony on the high seas when it hoisted the Confederate flag. Its mission was to “seek out and utterly destroy” US (aka “Union”) commercial vessels.

After sinking ships off the Brazilian coast, the Shenandoah arrived in Victoria’s Port Philip on 25 January 1865. The arrival in Melbourne was met with a massive press and social reception. The visitors met Governor Charles Darling, toured the city with free tram passes, and attended social functions and a reception in their honour at the Eureka Stockade in Ballarat, which included a military review and an evening ball.

Several Confederates also dined at the Melbourne Club, whose membership included Victoria Police Chief Commissioner Frederick Standish. The public was also invited to tour the Shenandoah.

Like most nations at the time, Great Britain (and its empire) formally adopted a neutral position regarding the American Civil War. Legislation banned British subjects who didn’t possess American citizenship from enlisting on either side. Both Union and Confederate ships were permitted to dock in British ports for 24 hours only, although this could be extended upon reasonable excuse.

In the case of Melbourne, the Shenandoah extended its stay for several weeks so that repairs could be affected at the Williamstown drydock.

While the Confederacy did not have an official representative based in Melbourne, the USA did. US Consul William Blanchard compiled information about the Shenandoah from its arrival. This included collecting statements from two sailors who deserted the ship: John Williams and Herman Wicke.

With seemingly reliable information suggesting the Confederates were quietly recruiting locals to fill vacancies (including a local cook identified as ‘Charley’), Blanchard soon felt himself in a position to demand the Victorian colonial government act against what he regarded as pirates.

SEARCH WARRANT

On 13 February 1865 Victoria Police Superintendent Thomas Lyttleton attended the Shenandoah with a warrant to search the ship for known persons of interest. The crew permitted Lyttleton aboard, but they flatly told him that no search would be allowed when the warrant was presented.

He was allowed to inspect the ship’s records for crew names, and no person of interest was identified. However, the policeman later reported seeing some men attired in Confederate uniforms performing shipkeeping duties.

The crew told the policeman that the ship’s captain, James Waddell, was on shore and that Lyttleton should return when the captain was present if he desired to act on the warrant. No suggestion was provided as to when this might be.

Chief Commissioner Standish reported to Premier James McCulloch that the Shenandoah was indeed engaged in illegally recruiting locals for Confederate naval service. This was based on the intelligence obtained by Detective Kennedy and Superintendent C.H. Nicolson.

At about 5.30pm on Tuesday February 14, 1865 Lyttleton assembled around 200 police and a supporting body of Royal Artillery to execute the search warrant upon the Shenandoah. This time Captain Waddell was aboard and, when Lyttleton produced the warrant with an explanation of its purpose, war was nearly unleashed.

Waddell denied the persons of interest were aboard or that any illegal recruitment had occurred. The offer was made to Lyttleton to check the ship’s records but, this time, the Superintendent had none of it – the vessel was to be searched by force, if necessary.

Waddell indicated such an attempt to search the ship would be resisted by any force needed.

The captain further stated that a battleship was as inviolable as the soil of the nation which dispatched it, the presentation of a search warrant represented a “great insult”, and police had only been permitted aboard out of courtesy.

A STAND-OFF

Lyttleton again pressed his determination to search the vessel with reasonable force, if necessary, to which Waddell repeated his resolve to “fight his ship rather than allow it [to be searched]”.

With the Confederate vessel able to unleash a cannonade upon both his men and Melbourne, Lyttleton decided to reposition off the ship and encircle the Shenandoah from the wharves.

With the stand-off settling in, Waddell sent a letter to the Governor that included an ultimatum: if the police and troops were not removed within four hours, he would call “for the vengeance of his government”.

While some crew members would regard this as Waddell’s diplomatic channels, the Shenandoah’s firepower said all that was needed.

Police and troops were soon withdrawn from the wharves. Waddell would write an event outline for the Colonial Ministry and justify his actions.

After some further minor friction, which included four persons of interest being arrested by Lyttleton upon being disembarked from the vessel, the Shenandoah slipped out of Melbourne on 18 February, heading northwards to continue its mission. Records indicate 40 “stowaways” who formally enlisted for service after the vessel left Victorian waters.

CONFLICT AVOIDED

The stand-off had risked armed conflict, which could have quickly escalated into warfare between Great Britain and the Confederacy. This would have seen the world’s largest empire become embroiled in what has since become known as the first “modern” war.

Ironically, diplomatically, Britain had shown some sympathy towards the Confederacy earlier in the war but, by this stage, it was evident that the Union would win.

Even though combat had been avoided, the diplomatic implications of what had occurred remained. Governor Darling dispatched a report about the incident to London. Britain’s Secretary of State, Viscount Cardwell, reviewed the report and on 26 April indicated ‘there does not appear to be a necessity for any action on [the British government’s] part’. By this time, though, the Civil War had ended, and the Confederacy formally surrendered. The Shenandoah’s crew eventually surrendered when the ship reached Liverpool, England, in November 1865.

RESPONSIBILITY

When, in 1872, the Geneva Tribunal ruled that Great Britain was liable to pay nearly four million dollars compensation to the USA for the damage caused to Union vessels by the Shenandoah after it sailed from Melbourne, critique worked its way down the imperial chain of command, with the Victoria Police being called to answer for its conduct.

Superintendent C.H. Nicolson, later famed for his involvement in hunting Ned Kelly, was assigned to review all evidence about the ‘conduct, activities and vigilance’ of police during the stand-off.

Nicolson reported no criticism of the police was justified. He stressed police had shown the “utmost vigilance” and investigations after the ship left prevented the commission of offences by the crew, such as kidnapping their deserters.

As to criticism that police did not force their way aboard the Shenandoah to effect arrests, Nicolson argued that “neither warrants nor special instructions were issued to [this effect]”. Attending police “did not feel justified in taking more decisive action on the occasion in question”.

Nicolson ended his report by emphasising the American Consul was prepared to attest his approval towards police.

SUMMATION

The most acute situational factor was cited nowhere in the Superintendent’s report: the presence of six artillery pieces on the Shenandoah. Their awful ability to inflict crimson annihilation upon massed personnel engaging in direct charges must have weighed heavily on the minds of Lyttleton and others.

Further, the risk of the Confederates firing their heavy weapons into the midst of the city, with attending police having no ability to prevent or stop the fire, ultimately determined their course; officer and public safety would have been imperilled in the extreme.

All relevant factors considered, the actions of the Victoria Police in de-escalating the incident should be viewed favourably. Chain of command instructions were faithfully followed, and viable investigation leads were pursued to practicable ends. All persons of interest – who could be arrested, charged and legally processed at the time – were. Those who decamped could be apprehended later, and relevant information was disseminated across the Empire. Per Nicolson’s report, ‘…under the extraordinary circumstances … the course adopted was not surprising’.

Resisting provocation in the extreme with categorical discipline, police actioned effective tactical disengagement, prevented a military attack upon Melbourne City and abstained from drawing the entire British Empire into war.

Chief Commissioner Standish emphasised, “Had the police acted in [an aggressive] manner, they would doubtless have [engaged] themselves to grave censure”.

Perhaps the best overall summation of the Force’s conduct was provided by Viscount Cardwell to Governor Darling, who submitted: ‘I have much pleasure in informing you that Her Majesty’s Government are of the opinion, that under the circumstances stated, you acted with propriety and discretion’.

ABOUT THE AUTHOR

Protective Service Officer Gerald Lefurgy joined the Australian Federal Police in 2023, after serving for three years with the NSW Police Force. He has long had an interest in police history, enjoys writing, and is originally from Canada. Gerald would like to thank Ray Lizarraga and Byard Sheppard for their assistance.