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delivered to United States authorities at
Liverpool; that as no charge or evidence
of violation of English law or of piracy
existed against her crew they could not be
detained, and that none of them had been
found to be British subjects; also, inclosing
letter from Captain Waddell to Earl Rus-
sell, giving an account of his recent pro-
ceedings and offering to surrender the ship
to the British government. Mr. Adams also
transmits his reply, expressing satisfaction
at the surrender of the vessel, but disap-
pointment at the course of her Majesty's
government in relation to her crew. He
has authorized Mr. Dudley to send the ship
to New York.

Adams to Nov. 23 Transmits Lord Clarendon's note of the 17th, 463

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Mr. Seward.

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asserting that papers received from Mr. Ad-
ams do not show any depredations by the
Shenandoah after and with notice of the
termination of the war, that said papers
would not have justified an English magis-
trate in holding her crew in custody, and
that proceedings against them for piracy
could have been commenced by the United
States authorities; also, Lord Clarendon's
note of the 18th, denying that the action
of the Deerhound in rescuing the men from
the Alabama, or that of the government in
affording them protection, is a valid cause
of complaint; disclaiming responsibility of
her Majesty's government for acts of the
Shenandoah, either on account of violation
of law in her equipment or of insufficiency
of the law itself; referring to the procla
mation of belligerency as authority for her
subsequent reception in colonial ports even
had her original outfit been illegal, and
quoting American precedents to support
this view; giving the lack of information
or evidence as a reason why proceedings
had never been instituted against rebel
agents in England; and stating that Cap-
tain Bullock's order arresting the Shenan-
doah was transmitted by the British gov-
ernment at the request of Mr. Mason, ac-
credited envoy of the Confederate States.
Mr. Adams also transmits copy of his reply,
postponing an answer to the oft-repeated
arguments of Lord Clarendon until further
instructions from his government.

469

Has received No. 1082, announcing Shenan- 468
doah's arrival in Liverpool. Mr. Adams's
request for her surrender is approved.
Has received No. 1091, with inclosures. The
United States accept the Shenandoah with-
out her having been legally condemned,
solely to prevent her again leaving British
waters on a hostile cruise. They deem it
a good ground of complaint that judicial
proceedings were not instituted against her

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Subject.

Page.

Jan. 26

officers and crew inasmuch as the witnesses were within reach, and they have evidence that all the offenders were British subjects, native-born or domiciled.

Has received No. 1095, with inclosed notes from Lord Clarendon. The President is content that the case of the Shenandoah should rest upon the foundation on which it has been put in the correspondence which has been recorded.

471

471

Has received No. 1612, and read it to Lord Clarendon, leaving a copy with him. The latter's answer is reserved for the present. Incloses dispatch read to him by Mr. Adams, 472 to whom he stated that his desire for preserving friendly relations with the United States alone prevented him from answering it as he thought it deserved.

Inclosing affidavit of William Skiddy, deny- 472 ing Sir James Elphinstone's published statement that the United States ship Hornet had captured English vessels in the war of 1812 after notice of peace had been received from a neutral.

Incloses note to Lord Clarendon covering 474 affidavit of William A. Temple and other papers furnished by Mr. Dudley, showing that the Shenandoah had all the arms she ever used on board when she left London; that many of her depredations were committed while she was still officially registered as the British ship Sea King; that full notice of the termination of the war had been given her commander the day before he committed outrages in the Sea of Okhotsk, and that a large number of her crew were British subjects. Also, incloses Lord Clarendon's acknowledgment. Incloses Lord Clarendon's note, questioning 491 the truth of Temple's statement that Captain Waddell had information of the cessation of the war before destroying American whalers in the Sea of Okhotsk, or the sufficiency of such statement as evidence to procure a conviction on a charge of piracy; promising to institute proceedings under foreign enlistment act against British subjects provided Temple's testimony can be reliably supported; claiming that Temple's assertion that the Sea King had guns on board before leaving London even if true is immaterial, as neither Mr. Adams nor her Majesty's government had, at the time, any information of the fact; and stating that copies of Mr. Adams's note and inclosures have been sent to the colonial office for investigation of the alleged conduct of authorities at Melbourne, as well as to the Home Office. Also, incloses copy of his reply, asserting the object of his present representations to be to place the

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Mr. Seward to May 29
Lord Lyons.

Mr.

Stuart to July
Mr. Seward.

8

Has received Lord Lyons's note of the 24th,
stating that the British government does
not consent to our disallowance of the
claim of the owners of the ship Monmouth,
which was ordered off the southern coast
by the Niagara, when (as is alleged) no
efficient blockade was yet established. As
this government still adheres to its posi-
tion of non-liability for the damages re-
sulting therefrom, Mr. Seward suggests
that this, and other claims of British sub-
jects against the United States, as well as
those of our citizens against Great Britain,
should be submitted to judicial investiga-
tion and adjustment, like that authorized
by convention of February, 1853.
Her Majesty's government regrets that the
United States refuses to consider them-
selves liable for damages in the case of
the Monmouth. They regard with favor
Mr. Seward's suggestion of a convention
upon that and other claims, but think that
the time for commencing their investiga-
tion, and the precise nature of the claims
to be adjudicated, should first be maturely
considered.

212 Mr. Adams to Aug. 29 Transmits Lord Russell's note accepting Mr.
Mr. Seward.

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Seward's suggestion of a claims conven-
tion, and submitting a copy of the conven-
tion of 1853, modified so as to place the
selection of the arbitrator in the hands of
the governments, instead of in those of
the commissioners. Mr. Adams, in his in-
closed reply, said that he had received no
instructions upon the subject, but would
transmit copies of the note and its inclos-
ure for the consideration of his govern-
ment.

Has received No. 212. The general features
of the draught of a convention submitted
by Earl Russell are satisfactory, but some
few amendments are deemed necessary.
The President's instructions will be taken
thereon, and Mr. Adams will probably be
empowered to negotiate.
Transmits his note to Earl Russell, inform-
ing him that his draught of a claims con-
vention is in the main satisfactory to the
United States government, but that some
amendments will be proposed, after which
Mr. Adams will probably receive power to
negotiate. Also, transmits Earl Russell's
acknowledgment.

511

511

512

513

514

Incloses power from the President to con- 515
clude a claims convention. Suggests, for
the sake of convenience as well as of recip-
rocity, that the commission should sit in
Washington instead of London; this point,
however, is not so important as to be
strenuously insisted upon. Also, proposes
a clause providing that claims pending
before the courts of either country shall
not be considered by the commission.

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