The policy of the government, so far as I can judge from the tone of
certain newspapers in their confidence, is to denounce the commander in
unmeasured language, and at the same time evade the trouble of any more
active measures against him.
The question has immediately arisen, what is best to be done with the
vessel. Her remaining at Liverpool, undercharge of the consul for the
length of time necessary to get instructions, will be hazardous and
expensive. Under these circumstances, Mr. Dudley has proposed to me to
send her over at once to New York, under the care of certain persons in
whom he appears to have entire confidence. I have so far consented to
this arrangement as to authorize him to take the necessary measures,
provided he can be reasonably certain of the responsibility and capacity
of the people whom he will employ. I am not quite sure whether this will
be the course most satisfactory to the government. But upon such
emergencies, and at this distance, it sometimes happens that the
minister must assume responsibilities, or else the hazard’ of refusing
to take them. I know not which horn of the dilemma is the more
unpleasant. On many accounts I incline to the opinion that it is best to
get the vessel away from this kingdom at all events.
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Enclosures.]
1. Lord Clarendon to Mr. Adams, November 11, 1865.
2. Waddell to Lord Russell, November 6, 1865.
3. Mr. Adams to Lord Clarendon, November 14, 1865.
Earl Clarendon to Mr. Adams
Foreign
Office,
November 11,
1865.
Sir: I have the honor to state to you,
in reply to your letter of the 7th instant, that it appears by a
communication from the board of admiralty that the Shenandoah
was, on the 10th instant, delivered up by the senior naval
officer at Liverpool to the United States consul at that port,
with everything on board of her, the consul being also furnished
with the inventories of her stores, &c., as received by the
naval authorities from the late commander of the vessel.
With regard to the officers and crew of the Shenandoah, I have
the honor to state to you, that on the arrival of the vessel at
Liverpool it was ascertained that three bad cases of scurvy were
on board of her, and that a number of men had symptoms of that
disease; and it was therefore necessary that measures should
immediately be taken for disposing of the officers and crew.
I need scarcely observe to you that any proceedings against
persons in their situation, as indeed is the case with all other
persons in this country, must be founded on some definite charge
of an offence cognizable by British law, and must be supported
by proper legal evidence; and that in the absence of such
charge, duly supported by evidence, her Majesty’s government
could not assume or exercise the power of keeping any of them
under any kind of restraint.
[Page 663]
Her Majesty’s government were not in possession of any evidence
which could be produced before any court or magistrate, for the
purpose of controverting the statement made to them by the
commander of the Shenandoah in the letter of which I enclose a
copy, or for the purpose of showing that the crime of piracy had
in fact been committed by the vessel.
It only remained, therefore, to ascertain whether any of the
parties were British subjects; and if so, whether any sufficient
evidence could be obtained against them to warrant a prosecution
on a charge of violating the provisions of the foreign
enlistment act, by taking part in hostilities on board the
vessel.
Accordingly, the board of admiralty were instructed by the
secretary of stato for the home department to cause the
necessary inquiry to be instituted in regard to the presence on
board of persons of the last-mentioned class, and if evidence
could be obtained against any of them, to cause them to be
detained and taken before a magistrate, and to allow the rest to
go free.
In pursuance of their instructions, the senior naval officer at
Liverpool at once proceeded on board the Shenandoah, and having
mustered the crew, he reports himself to have been “fully
satisfied that they were all foreigners, and that these were
known to be British-born subjects on board;” whereupon they were
all landed, with their effects.
I have the honor to be, with the highest consideration, sir, your
most obedient, humble servant,
Charles Francis Adams, Esq., &c.,&c.,&c.
[With Lord Clarendon’s note of the
11th of November, 1865, to Mr. Adams.]
Captain Waddell to Earl Russell
Steamer
Shenandoah,
November 6,
1865.
My Lord: I have the honor to announce
to your lordship my arrival in the waters of the Mersey with
this vessel, lately a ship-of-war under my command, belonging to
the Confederate States of America.
The singular position in which I find myself placed, and the
absence of all precedents on the subject, will, I trust, induce
your lordship to pardon a hasty reference to a few facts
connected with the cruise lately made by this ship.
I commissioned the ship in October, 1864, under orders from the
naval department of the Confederate States; and in pursuance of
the same, commenced actively cruising against the enemy’s
commerce. My orders directed me to visit certain seas in
preference to others; in obedience thereto, I found myself in
May, June and July of this year in the Okhotsk sea and Arctic
ocean; both places, if not quite isolated, are still so far
removed from the ordinary channels of commerce, that months
would elapse before any news could reach there as to the
progress or termination of the American war. In consequence of
this awkward circumstance, was engaged in the Arctic ocean in
acts of war as late as the 28th day of June, in ignorance of the
serious reverses sustained by our arms in the field, and the
obliteration of the government under whose authority I had been
acting.
This intelligence I received for the first time on communicating
at sea, on the 2d of August, with the British bark Barracouta,
of Liverpool, fourteen days from San Francisco.
Your lordship can imagine my surprise at the receipt of such
intelligence, and I would have given to it little consideration
if an Englishman’s opinion did not confirm the war news, though
from an enemy’s port. I desisted instantly from further acts of
war, and determined to suspend further action until I had
communicated with a European port, where I could learn if that
intelligence were true. It would not have been intelligent in me
to convey this vessel to an American port for surrender, simply
because the master of the Barracouta had said the “war was
ended.” I was in an embarrassing position; I diligently examined
all the law-writers at my command, searching a precedent for my
guidance in the future control, management, and final disposal
of the vessel. I could find none. History is, I believe, without
a parallel.
Finding the authority questionable under which I considered this
vessel a ship-of-war, I immediately discontinued cruising, and
shaped my course for the Atlantic ocean.
As to the ship’s disposal, I do not consider that I have any
right to destroy her, or any further right to command her; on
the contrary, I think that as all the property of the
confederate government has reverted by the fortune of war to the
government of the United States of North America, that therefore
this vessel, inasmuch as it was the property of the Confederate
States, should accompany the other property already reverted. I
therefore sought this port as a suitable one wherein “to learn
the news,” and, if I am without a government, to surrender
[Page 664]
the ship, with her
battery, small-arms, machinery, stores, tackle, and apparel
complete, to her Majesty’s government for such disposition as in
its wisdom should be deemed proper.
I have the honor, &c.,
JAMES J. WADDELL, Commander.
Mr. Adams to Earl Clarendon
Legation of the United
States,
London,
November 14,
1865.
My Lord: I have the honor to
acknowledge the reception of your lordship’s note of the 11th
instant, announcing to me the fact that the Shenandoah had been
delivered up, by order of the board of admiralty, to the United
States consul at Liverpool, together with all her stores,
&c., as received from heríate commander. I had already
received the same intellience from the consul who has taken
charge of her under my instructions. I entertain no doubt that
the promptness of this proceeding will give great satisfaction
to my government.
But I cannot affect to conceal my disappointment at the manner in
which her Majesty’s government have decided to treat the persons
who have been engaged in the nefarious transactions perpetrated
in. that vessel, and especially the chief, a copy of whose
letter was received with your lordship’s note.
A narration of but a portion of these outrages it has already
been my duty to submit to your consideration in a series of
voluminous papers, the character of which it is impossible to
forget.
I shall carefully abstain from any unauthorized word of mine
which might tend to make a situation, already much too grave,
still more serious. A copy of your lordship’s letter, together
with its enclosure, shall be transmitted by the earliest
opportunity to my government.
I pray your lordship to accept the assurances of the highest
consideration with which I have the honor to be, my lord, your
lordship’s most obedient servant,
Right Hon. Earl Clarendon, &c.,
