The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-21

1t is fortunate that ia this instance nohing practically
turns en- me original equipment OF the ship thus placed
IN our hands In certain is doubtless true thai
the shenandoah built and manned IN fraud Of
neutrality for those who gave the order for her
aware OF her real destination. But u 10 also true,
LORD Russell pointed out in one OF his letters 70 Mr.
Adams .sat when shs cleared for China Is merchani
Tue OF evidence offered behalf Of the United
states or any other party to justify her detention
ms were afterwards sent out In French vessei 70
rendezvous at sea, and the Sea King assumed the
ehafacser OF Confederate OF war; but Is far from
certain that If all that is known now had been
known then, conviction could have been obtained
against her under our own the American Foreiga En-
s'ment Act Al all events she has since been received
AZ ieast, OF our colonies, and although this cir
cumstance would avail screen any individuals
respect y i hs s h vS s our sso w
validity or her claim 70 shelter during the war.
Had tho Shenandoah arrived at Liverpool at tho
beginning OF this year. It must be assumed that she
would have been entitled 10 the benefit OF the regu-
Asions then IN force 70 tho reception Of begersnt
vessels According to these she would have been re-
CURED 70 depart within twenty four hours unless either
stress o. weather or the want Of immediate supplies
should have made longer stay absolutely needfa but
in pursuit Of her within twenty -four hours.
IS OF course, self evident that she presents her
Ss{ ypder wholly different conditions Not only has she
but she has forfeited the temporary privileges
BY Lord Russsls notice or the I'd Of June al any ny
time within month after the receipt Of that despatch il
any colonial port il would have been competent for
his vessel of her warke character and after dsarmng
her remaining without Confederate flag within Brtsh
waters subject however to all legal risks one q
part Of the United States government. As IL H. the
month Of grace has long since expired, and the
Shenandoah stands in the same position as IL it
bad never been granted. What, then, ia this posi-
ton, and what consequences does the fact Of their
having carried on war for months after the fall OF
cOUfod0raCV unOn nfatn WodH aud h;o
associatesS These are TWO very different questions and
questions OF very unequal difficulty II is much to be
regretted that either Of them has been raised in this
country instead Of in America, and that federal
war succeeded in capturing the Shenandoah before
she cast herself as 1t were, upon our mercy. Having
been raised however both issues must be honestly
faced and we may be sure that, whatever it may in
volve strict Justice will be done by the government and
tribunals OF England
With regard to the Shenandoah herself, we appre
bend that little hesitation be felt. On every
principle of law she belongs to that government
which has succeeded to all the rights and all the
property Of the de fdcto Confederate government
This doctrine is laid down very clearly by Vice Chancellor
rage mood IN the decision which has been SO much cr
cised OF late In America; but in truth, it is scarcely
more than rule Of common Lord Russell did
not affect to override by the provision in his despatch
for the dsarming Confederate vessels ports but
on the contrary facilitated the application Of through
resort to the proper civil tribunals The Captain Gen
era Of Cuba doubtless acted on the same view when he
delivered over the Stonewa to the agents Of the United
states; nor indeed Is easy to imagine whose be-
half any counter claim could BIO preferred What may
fer Is matter OF very little importance. Whether We
ought to wait for demand or to make over the ship
unasked we hold in trust for the United States to
intents and purposes
II is only when to the personal liability OF
Captain Waddel and the crew that met by per-
picking circumstances II is now more than half wear
since the American virtually terminated and the
rayages Of the Shenandoah have been infinitely more
destructive during this period than before The state
ment OF losses conta ned in Mr. Adams letter April
IS as nothing compared with those that have since reached
US from Behring Strait and the adjoining coasts.
tins in those and the price of sperm oil has alreadv
been raised rery largely by her depredaons Now it ap
pears that Captain Waddell processes have had no
authentic information about the close Of the war until
he fell in with her Majestys ship Barracuda on the
Both OF August when he Immediately consigned his
guns to the hold and altered his course for Liyerpoo
We have no wish to PREJUDICE a case which must be.
come the subject Of legal inquiry il is impossible
to let such statement unchallenged expressly
he testimony 81 persos belonging TO tie ships tokich he had
destroyed We have their positive assurance that Captain
Wadde was told OF all that had happened by Of his
prisoners but refused to credit because based on
Northern authority How it could otherwise have been
brought to his knowledge, how he could expect 70
receive an inmation OF IL from Office which, il il
we're true, no longer existed, IL is for him 10
erpld!H, for by refusing TO accept such no.
sise he certainly took on himself all the respon
least run into the nearest neutral harbor verify report
which, unless false grayey compromised his further
proceedings? IL il possible that good may be
given to these questions, hut must repeat that Ae
preb1ndi les entirsy Cdpa,n Wodiaps side All
the wOriu knew ana believed The which he rejected.
and which was not improbable in itself as by any
means TO Justify his obstinate sceptcsm There is an
old saying about none be ng blind those who won't
see, and the facts here suggest almost Irresistible
suspicion that Captain Wddd>u determined not 10 BE-
drresed in his destroying hU he had done his old
this impression II IL should prove be correct
that on the pilot coming board he asked nnocenty
whether the war over or not
would baye been great relief 10 ourselves though
little 10 the advantage VI the United States had the
Shenandoah been simply excluded from the Mersey and
left to the till she should fall into the hands OF
her pursuers As II Ia there hardly any legitimate
alternative but Captain Waddell and his one hun
drcd and thirty cannot be handed prisoners
Of war upon any hypothesis consistent with that OF the
they be giren TO the United States They might pos
siby be prosecuted under the Foreign Enlistment act
fishing offences Of that nature. The crime Of Which they
really stand occussd-suppoftn0 hsm 10 hare wiyhuy
gncr,d the termination o. oaiitiss-' @a Of piracy and
this charge Is possSb,e that they may NJ opprehsnded
and tried b.fore an Eagish court y jusice.
GRAvHNEss OF THE ISSUE RAISED.
from the London Post. Nov. s.
Captain Waddel did not believe that the Confederacy
had collapsed and he continued 10 capture and destroy
the unhappy whalers One and all concurred in telling
him the same story, but with the same result-he re-
NAMED ncredulous; and, instead Of steering for
port where he might have obtained trustworthy nforma
ton, pursued his career OF destruction with undated
zeal Al length however he met with an English vessel
which confirmed the accuracy Of tho story often told
him before by the Yankee whaers and them according
TO the statement which he made ON the occasion Of
eurrendeYlnH snip I'D INC pOIt Oi IlEeIpOOi, ne
forthwith slowed his guns and ammunition In the
hold Of his vessel and stecred for England Such is the
substance Of Captain waddells excuse for having con
nucd destroy American vessels after his authority to
do so had TO end and the important question
arises whether should be accepted justification for
acts confessedly wrongful Ery vhdiWg resell dstroyed
by the Shenandoah after the fall Of the Confederate gorern
p<nt cds prma dce URk BY pirate; but the presump
tion OF piracy would be rcbucd by the captain showing
that he had not been made aware Of the termination
Of his authority Il would not Of course, be requisite
that he should have onhcisl notice OF the ex
tincton OF his comms sion, because, in the
sty Of things he could NOS receive such notice from
his own government, which would have ceased TO
exist aud with the government Of the enemy he could
have but hostile relations The only question: then
the present case is wheher Me ocncuvrsnf eSsony
several American cAdls o0N NJ al Ioaa % hdUe created
ssch doubts TIE misd Of Captain Woddeu wod hare
mode incsm6ent him 10 oscefdin tchher their
oms sceye true Piracy Is offence against the laws Of
nations and the captain and Of the shenandoah
as amenable TO the jurisdiction Of English courts for
that offence they would, captured, have been 70
that OF the American courts. II will, therefore, be
grave question the consideration Of the English gov
t-.t sm