ww.

w

1865.

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. 1095 Mr. Adams to Nov, 23 | Transmits Lord Clarendon's note of the 17th, 463 Mr. Seward.

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-
doal 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

VA

1865.

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. 1625 Mr. Seward to | Dec. 14 | Has received No. 1095, with inclosed notes | 471 Mr. Adams.

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. 1112 Mr. Adams to Deo. 21 Has received No. 1612, and read it to Lord 471 Mr. Seward.

Clarendon, leaving a copy with him. The

latter's answer is reserved for the present. The Earl of Clar- | Dec. 26 Incloses dispatch read to him by Mr. Adams, 472 endon to Sir F.

to whom he stated that his desire for pre-
Bruce.

serving friendly relations with the United
States alone prevented him from answer-

ing it as he thought it deserved. 1639 Mr. Seward to | Dec. 30 Inclosing affidavit of William Skiddy, deny 472 Mr. Adams.

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.

1866. 1129 Mr. Adams to Jan. 5 Incloses note to Lord Clarendon covering 474 Mr. Seward.

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 com-
mitted while she was still officially regis-
tered 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, in-

closes Lord Clarendon's acknowledgment. 1138 .......do ........Jan. 26 Incloses Lord. Clarendon's note, questioning 491

the truth of Temple's statement that Cap-
tain Waddell had information of the cessa-
tion of the war before destroying American
whalers in the Sea of Okhotsk, or the suffi-
ciency of such statement as evidence to
procure a conviction on a charge of piracy;
promising to institute proceedings under
foreign enlistment act against British sub-
jects 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
thåt copies of Mr. Adams's note and in-
closures have been sent to the colonial
office for investigation of the alleged con-
duct 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

No.

From whom and

to whom.

Date.

Subject.

Page.

1862.
Mr. Seward to May 29 Has received Lord Lyons's note of the 24th, | 511
Lord Lyons.

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.
Mr. Stuart to July 8 Her Majesty's government regrets that the 511
Mr. Seward.

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. | 512 | Mr. Seward.

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. 344 Mr. Seward to Sept. 15 | Has received No. 212. The general features | 513 Mr. Adams.

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. 236 | Mr. Adams to Oct. 10 Transmits his note to Earl Russell, inform- | 514 Mr. Seward.

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.
375 | Mr. Seward to | Oct. 21 | Incloses power from the President to con

1515 Mr. Adams.

clude a claims convention. Suggests, for the sake of convenience as well as of reciprocity, 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.