Delaware State journal and statesman., 1861-10-25
Mr.. Separa to LoTd Lyons.
DEPARTMENT OF STATE,
WasAingtgn. Oelalet "a. IS

Washington, OetoJer IA, 1861.
My LoRD have the honor 10 acknowledge
your lordship's note of the present date.
In that paper you inform me that the British
Government is much concerned 10 fnd that two
British subjects, Mr.. Patrick aud Mr Rahming,
have been brought under arbitrary arrest aud
that although her Maiesty's Ministers have been
advised by you of the release ui Mr. Patrick,
yet they cannot but regard the matter as requr-
ing the very serious consideration Of this
Government.
You further inform me that her Majesty's
Government perceive that when British subjects,
as well US American citizens, are arrested they
are transferred tO military prison, and that the
military authorities refuse to pay obedience to Il
writ OF habeas corpus.
You add that her Majesty's Government con-
oeiye that this practice is directly opposed to
the maxim of the Constitution Of the United
States that no person shall be deprived Of life,
liberty, or property without due process OF law
You then observe that her Majesty's Government
are nevertheless willing to make every allow
ance for the hard necessities Of time of inter
nal trouble and they would not have been sur
prised if the ordinary securities Of personal
liberty had been temporarily suspended, nor
would they have complained if British subjects,
falling under suspicion, had suffered from the
consequences Of that suspension. But that 1t
does not appear that Congress has sanctioned
in this respect, any departure from the course of
law and il is in these circumstances that the law
officers of the Crown have advised her Majesty 5
Government that the arrests of British subjects
were illegal.
You remark further, that SO far as appears to
her Majesty's Government, the Secretary OF
State for the United States examines, upon the
renorts of spes and assumes the power Of de-
nrivipg British subjects of their liberty or liber-
atiug them by his own will and pleasure; and
YOU inform me that her Mnjesty's Government
caunot Int regard this despotic and arbitrary
nnwpr as inconsistent with the Constitution ol
The United States, as ut variance with Tue
treaties of amity subssting between the tw'
nations. as tending to prevent the resort u
Rritish subjects to the United States tor purpose
of trade and industry. You conclude with III
forming me that upon these grounds her NlaJea-
tvs Government have felt bound to instruct yo'
to demonstrate ngainst such irregular proceed
inps. aud to say that, in their opinion, III
authority OF Congress is necessary in order |
instifv the arbitrary arrest and imprisonment o
British subjects. -.
in YOUR note are as follow
Communications from the regular police OF til
conntry 10 the Executive at Washington shove
thot disloyal persons in the State Of Alabnm
were conducting reasonable correspondent
,yiih nonfederntes, British subjects and Amencn
c;tzens. in Europe, aimed ut the overthrow
,he Federal Union by armed forces actually
the field aud beseging the Capital Ot tue Ouite
states. portion of this correspondence who
voa intercepted was addressed to the firm
smith 4 Patrick, Brokers, long established AT
doing business in the city oil New York.
annesred that this firm had branch at Mohil
,bst the partner Smith, is dlsloyal citizen
,hs limited States, and that he was in Euro
when the treasonabls papers were sent ITO
Mobile. addressed through the house OF smith
Ps,riok. in New York. On receiving this info
matiou, William Patrick was arrested Al
committed into mt ry custody at Fort Latayel
hv an order of the Secretary OF War oil Z
United States, addressed to the police OF the CT
Of New York. These proceedings took place
the 28th Of August last
Representations were thereupon made 10
Secretary Of State by friends oi Mr. Patrick
me eject that Notwithstanding his associate
he was personally loyal to the Government, a
that he was ignorant of the reasonable natl
Of the correspondence which was being carr
on through the mercantile house Of which
was q member Directions were thereupon CIV
by the Secretary of State to proper Sgent
inquire into the correctness of the facts Il
presented, aud this inquiry resulted in
Establishment Of their truth Mr.. Will
Patrick was thereupon promptly released fl
custody by direction of the Secretary of stI