Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-11-23
English Premiums Upon Piracy.

The news of the unconditional liberia
ton of the Captain and crew of the Shen-
andoah by the British government, which
is brought by the China, will be received
with amazement. The universal opinion
in England, as reflected in the files of
English papers, brought, only one day pre-
vious, by the City of Boston, was to the
effect that Captain WaddelI and his crew
were a prioyi pirates, and the only point
in debate, as to the disposal which should
be made ofthem, was whether they should
be delivered up to the United States Gov
eminent, or tried for the crime of piracy
in the British courts. The Times declares
that 1.-The facts suggest an almost irresisti-
bic suspicion that Captain Waddell was
determined not to be arrested in his de-
stroying career till he had done his old
enemies the utmost possible mis-
chief" that, even if this be not so,
"the onus pro6dhdi lies entirely on
Captain Waddelrs side" and that "the
crime for which he really stands accused
is that of piracy" The Star says that
"these men are VIGOROUSLY charged with
the crime of piracy, in having robbed and
burned many American whalers engaged
IN their perilous but necessary occupation,
several months after the Southern rebel
lion had collapsed, and after evidence had
UUUI IaEU OUE0rV VaOta ~-- --vO--
ton was at peace;' and that 1.-THE honor
of the country and the supremacy of the
law alike demand that the Captain and
crew should be put on their trial" The
PaU-AaU Gazette asserts that 'there is
printa facie evidence against them of hav-
Ia, k4~~-'v 0rWracy o n the high seas
and demands; "Why are they not kept
in safe custody until a Grand Jury has de-
cided whether they ought or ought not to
take their trial as pirates 2" The London
Post says that "every whaling vessel de-
stroyed by the Shenandoah after the fall
of the Confederate government was prinaa
facie sunk by a pirate" The telegram
says that "if after sufficient notice that
the North and South were at peace, he at
tackled a single vessel, he became a pirate
his crime was, beyond all dispute, pira-
cy pure and simple" and that the facts
flavor the belief that the crew were really
aware or strongly suspected that peace
had been restored.' Even the Herald
notorious as from first to last the most ma
and persistente enemy of the United
States and partizan of the rebellion, di-
reefs its whole argument against the
of Waddell to our gov
eminent, and seems to take it for granted
that he will be tried in England for the
crime of which he is PrimG facie guilty.
In view of these declarations and admis-
siOns on the part of the English press.
the action of the English government, in
Internationally hberating these criminals,
fills us with amazement, and we should
refuse to believe it possible, had not the
previous record of that government pre-
pared us for any unfairness and injustice
in its power to perpetrate.
Whether Waddell is or is not a pirate.
in a graver and deeper sense than Semmes
the Alabama or Page of the Stone
wall, is a question which the courts should
decide upon. Were his case precisely
similar to these, our government would
probably have been satisfied if the Eng
lish authorities had followed the precedent
set by Spain in the case of the StonewalL.
and let the crew go free, while it deliver
ed up the vessel. But the fact that for
four months after the final collapse of the
rebellion, and after having been repeated-
informed Of the fact of its collapse. the
Shenandoah continued with even greater
energy her destroying and ~ravaging work,
alters the case. Every vessel
burned by Waddell after the sur
'ender of Lee and Johnston is prima facie
evidence of piracy. Should Waddell
succeed in proving his ignorance
hat the "COnfederacy' was at an end, his
'ffense would be greatly -palliated. But
he burden of proof rests with him, and
until he exculpates himself he must be
leld to be a pirate. And his liberation,
while he is accused ofsuch -long-continued .
md g%rievous outrages upon the COM
nerce Of a peaceful nation, is n l
f the gravest of the many in
ults and injuries which England has e
upon US. Even had he been put t
n trial for piracy before an English court, G
nd had the trial resulted in an acquittal, '
would have greatly complicated the re- h
ltions between the two countries. But Il
is unconditional discharge, without trial t
an outrage for which the English gov b
should be held to strict account. t
Meantime, it is the obvious duty of our
overnment to demand from England, or Il
ON whatever nation they seek shelter 6
18th, the extradition of the crew of the :,
.henandoah to the United States for trial :,
pirates. This might have been our a
ght and privilege even had the English
'vernment proposed to hold them for
ial in England; it now becomes our ;.
Tenn duty,in view of the refusal of Eng n
nd to hold them to accountability. The II
DIVISIONS of the Ashburton treaty bind
e British governmental surrender them.
demanded. They are as follows,
at is agreed that the United States and
r Britannia Majesty shall, upon mutual 81
QUESTIONS by them, or their ministers. dc
ieers, or authorities, respectively made, 70
liver up to justice all persons who, m
ing charged with the crime of murder. co
assault with intent TO commit murder in
piracy, or arson, or robbery, or forgery. eli
the utterance of forged papers, com is
tied within the jurisdiction of either LII
seek an asylum, or shall be found or
thin the territories of the other" to
Can anything be clearer? Notwith- IN
the fact that piracy is a crime n,
ainst all nations, and may be punished He
any nation into whose power a pirate he
fall, it is especially provided in this abb
atty that those guilty of it may be de- to
nded for %e1tradition from n country Re-