The New York herald., 1866-02-23

in the course Of her cruise aanst the commerce of the
United Staes and that moons derabe portion of her
hostile passed while she still registered
Brit sh vessel with British owner the offlc al
records OF the Kingdom. 2 That the commander had
been made fully aware Of the suppression Of the rebel
lion the very day fore he committed series OF
RACES innocent Industrious and unarmed citizens Of
the United states IN the Sea OF Okhotsk The list OF
tending the sources from which the persons drawn
believed to be so far substantially correct to set at
rest the pretence OF the officer sent board that there
were no British subjects belonging to the vessel"
The principal paper is an affidavit by William Tenn
Pc Of London, British subject who shipped on board
dell during his whole cruise There'is also another by
Margaret wife of David Marshall fireman board the
husbands hafpay note from Fraser, Trenholm Co.,
Of Liverpool Temple in his affidavit gives list Of
the officers and crew, and their naonalties by which
appears that she had twenty officers thirty petty
officers, tyfour seamen, twelve fremen and twelve
marines making in all, one hundred and twenty seven
persons board Of these euenty-igM Brish sub
jecs twentysx foreigners belonging 70 other nations
and thirty three Americans divided as folows-0f the
omcer nineteen Americans and seven BRUSH suo)octs
sh subjects and FIVE other foreigners OF tho seamen,
nine Americans twentysx British subjects and nlne
teen other foreigners; of the twelve remen, all British
subjects Of the twelve Marines ten British subjects and
two foreigners Of other nations.
among 'oher matters the affidavit states that the
Shenandoah, whom she sailed from London, had two
eighteen pounder guns mounted upon her decks, and
that these w wers the principal guns used during the
bourne she was received In the most cordial manner
by the officials and people at that port, and had
every facility afforded to obtain supplies and mako
repairs; that the officers of the Shenandoah were
entertained on shore, and in their turn entertained
that Captain waddell entertained privately on tho
shenandoah the Governor Of Melbourne that the
government engineer at Melbourne was the
vessel two or three times day, and II
he did not superintend the repairs that were
being made, at least gave them the benefit of
they had more than forty persons slowed away on
board the vessel all OF whom enlisted and enrolled
upon the ships articles before they were out Of sight Of
land that Notwithstanding they received information Of
the surrender OF Lee and the termination Of the war as
early as the month OF June Of this year. they sti went
on burning and DESTROYING all vessels they fell in with
sailing under the United States flag and after receiving
this information captured no less than nineteen vessels
all OF which were either bonded or burned
HOW THE BRITISH PART OF THE CREW WERE AL
LOWED TO ESCAPE.
The following s Temples account Of the manner In
which the release of the British portion of the crew of the
shenandoah was effected when the vessel was in charge
We arrived at Liverpool on the afternoon OF tho 9th OF
November as above stated and anchored in the river
Mersey. near her Majesty's ship Donegal. We up
with tho Confederate flag flying Just anchored
lieutenant from the DONEGAL came board. After
versng with Captain Wadde he left and after Cap
tain Payner OF the Donegal he remained about an
hour, and he passed the sde of the ship said
he would telegraph Earl Russell and let Captain Wadde1
know the answer he got it, That night com.
pany of marines with two officers from tho Donegal
on board and took possession of the vessel These
from the Donegal would not permit any Of tho officers
men to leave the vessel That night Captain Whitehead
of Liverpool sent off to tho ship barrels of ale one
Of porter, lot Of fresh beef fresh mutton, large
hands, and two three tubs Of butter with plenty Of
fresh bread This was received on the vessel, and all
hands partook OF 1t. The next night Jones & Co Tor
Jones' Hgat co., sent us of boat load OF provisions,
&c; but the custom house officers would not permit 1t
TO come on board Captain Payntor visited the ship fire.
quenty on the morning Of the day released he
came, and as he was going he SAID "Men you need not
evening; doing all In my power to obtain il for you
As soon as the fornatles are got through WITH and
aay % Tn
boat as he came board he said 81 have release
you, my men, He was cheered by the men; he went
immediately aft. Tho men were all mustered. While
we mastering and making preparations 90 AFT Captain
Wadde sent some of the marines among the b tell
them they cere all % be S9ut.eyncs sohen hs+ mama
uere called was myself told this by o marine by the
name OF John lvor who told the captain had sent
him to tell all the crew. On being mustered aft In
wn'..,s. ", r. oon'og.snrs q ttis s:se-s..tsan We
,ccrs called. The mode was this--We were all mus
tered on one side OF the vessel Lieutenant Whie called
our names and number, and as each man called he
passed In front OF Captain Paynter who addressed
each "what counryman..re your" An tho EngsisAssen
Seoch or Irish ons'ocred that they Souhners The
soon as this was done we were told 70 get into tho
steamer as quickly rs possible, which we did, and
then landed OF Liverpool No parole asked taken
from We told ws were at liberty Mr. Lynch,
the carpenter, married Engshwoman time be-
fore our cruise commenced and was living before and
now living In Liverpool. On Thursday Friday after
were landed James Bancs, merchant of Liverpool
sent for all the officers OF the Shenandoah
Office
EARL CLARENpoN's DEFENCE
In despatch to Sir f. Bruce OF January TO- the Earl
OF Clarendon discusses Mr. Stewards protest The Queens
their consideration In communication with the proper
law advisers Of the Crown and he had 10 state that M
IL impossible for her Majesiys government to avoid
expressing their surprise and regret at the and
style which throughout characterize IT, The despatch
mpucs to her Majesty's government, in plain ,crms,
determination to disregard applications for justice
made by the United States government and Intention
to shelter from the punishment due TO their offence
persons known to be guilty Of piracy Her Malesiys
traordnary and unfounded charge they shall best con-
suit their own dignity and exhibit their desire to main
tam friendly relations with the government the United
States"
Lord Clarendon points out that the British govern
ment had ddranc the fact that II nc ereic OF
The Shenandoah British su cct' red on for MT
presenting them for piracy foreigners guilty OF that
crime being as much amenabic to our courts natural
horn subjects oniy ,ri reference tie F6reign
Enanlcnt dc that NE question Of na' ondiy raised
He observes that Mr. Seward does not commit himself to
the assertion that her Macsty's government we're in
possession OF evidence TO show that any OF those
persons who formed the crew OF the She.
natura.bo British subjects; and as a matter of |
fact IL Is certain that her Macsty's government were
not possession OF any such evidence; could such
fact be presumed In the absence Of evien against
divduals coming TO Liverpool board Confederate |
shipofwar, and not shown to have enlisted within |
piracy upon which hr Msjestys government IT, and so
far truly said to have acted whether Captain Waddels
statement was or was not open to tho charge Of pre-
varcation brought against II by Mr.. Seward, II was |
not In tho power OF her Najesys government to dcian
any Of those men without laying information against
them before magistrate In the ordinary OF law
and supporting II by at least some primd Jd evidence.
The simple fact is that there such evidence With
reference TO Mr. Stewards that scvery part OF
the unlawful transaction complained Of bad occurred
either in British ports, Or on the decks Of |
the shenandoah, herself British ycsscl,u |!
Earl Clarendon remarks that Mr. Sward ap- |
pears not TO found his charge upon tho alleged |
continuance OF hos,,es by Captain Naddc after he had
gnatc piracy all the captures made by that vessel
during the whole course OF the and cndcavors 70
support that prctenon by tho allegation that she was
throughout "British vessel" But sch view Is op.
posed to universally acknowledged principles law for
as public ship-of-wM by a revolutionary govern. |
ment, which has been recognized begerent Power
by neutral nations, cannot be charged IN a neutral
country with piracy merely for capturing aud destroying
the ships Of ihe other bclgcron' II Is also opposed TO