Right Hon. the Earl of Clarendon to Charles Francis Adams, November 17, 1865

Lord Clarendon to Mr. Adams

Sir: Her Majesty’s government are glad to find, by your letter of the 14th instant, that yon entertain no doubt that the promptness of the proceedings taken by them for the delivery up of the Shenandoah will give great satisfaction to the government of the United States.

With respect, however, to the disappointment which you express as to the manner in which the officers and crew of that vessel have been dealt with by her Majesty’s government, after having before them the voluminous papers with which you had furnished them, showing the character of the proceedings in which they were engaged, I must observe that there was nothing in the depositions and other papers of which you forwarded copies to this office, which, even if it had been capable of being substantiated in evidence in this country by deponents present at Liverpool before the crew of the Shenandoah were dispersed, would have tended to show that any capture had been made, or attempted, by Captain Waddell or his crew, after and with notice of the termination of the war. And I must further observe, that even if the case had been otherwise, those papers would not have been receivable as evidence before any magistrate; and that unless some material facts could have been deposed to by one or more witnesses present in this country, no magistrate could have kept any persons in custody upon any charge founded upon the statements in those papers.

I may add, that if any evidence in support of a charge of piracy had been forthcoming, it was quite as competent for any officer or agent of the government of the United States, or even for any private person, to have taken the necessary proceedings before a magistrate, as it was for her Majesty’s government to do so.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,