The national Republican., 1861-10-19
Mr.. Se'cdrd 10 Lord Lyons.


Washington, October IA, 1861.
My LORD: have the honor to acknowledge
your Lordship's note of the present date.
In that paper you inform me that the British
Government is much concerned to find that two
British subjects, Mr.. Patrick and Mr.. Rahming
have been brought under arbitrary arrest, and
that although her Majesty 3 Ministers have been
advised by you of the release Of Mr.. Patrick,
yet they cannot bat regard the matter as re.
quiring the very serious consideration of this
Government.
You further inform me that her Majesty's
Government perceive that when British sub.
jects, as well as American citizens, are arrested
they are transferred to a military prison, and
that the military authorities refuse to pay obe-
dience to a writ of habeds corpus.
You add, that her Majesty's Government con.
ceive 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 oflaw
You then observe that her Majesty's Govern
ment are, nevertheless. willing to make every
allowance for the hard necessities Of a time of
internal trouble, and they would not have been
surprised II the ordinary securities of personal
liberty had been temporarily suspended, nor
would they have complained II British subjects,
falling under suspicion, had suffered from the
consequences Of that suspension. But that it
does not appear that Congress has sanctioned
in this respect, any departure. from the due
course Of law, and 1t Is in these circumstances
that the law officers Of the Crown have advised
her Malesty'S Government that the arrests OF
British subjects are 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
reports of spies, and assumes the power of de-
priving b itish subjects of their liberty or lib
Grating them by his own will and pleasure; and
you inform me that her Majesty's Government
cannot but regard this despotic and arbitrary
power as inconsistent with the Constitution Of
the United States, ,as atvariance with the treaties
nf hptc hatxr Sha
tending to prevent the resort of British subjects
to the United States for purposes of trade and
| industry. You conclude with informing me
that upon these grounds her Majesty's Govern
ment have felt bound to instruct you to remon-
| strate against such irregular proceedings, and
| TO say that, In their opinion, the authority of
Congress Is necessary in order to justify the
arbitrary arrest and Imprisonment of British
subjects.
The facts in regard to the two persons named
| In your note are as follow
| Communications from the regular police of
the country to the Executive at Washington
showed that disloyal persons In the Stale OF
Alabama were conducting reasonable CORES.
and American citizens, in Europe, aimed al
the overthrow of the Federal Union by armed
forces actually in the field and besieging the
Capital of the United States. A portion o.
this correspondence which was intercepted
was addressed to the firm of Smith q Patrick
Brokers, long established and doing busines:
in the city Of New York. 1t appeared tha
this firm had Il branch at Mobile, that the
partner, Smith, Is a disloyal citizen of tht
United States, and that ho was in Europe wheI
the reasonable papers were sent from Mobile
addressed through the house of Smith & Pat
rick, in New York. On receiving this inlorma
tion, William Patrick was arrested and com
mitted into military custody at Fort Lafay cite
, by an order of the Secretary Of War of the
United States, addressed to the police of the
city of New York: These proceedings tool
place on the 2Sth of August last.
Representations were thereupon made to til,
Secretary of State by friends Of Mr.. Patrick t,
the effect that Notwithstanding his association
he was personally loyal to this Government
and that he was ignorant OF the treasonablt
nature Of the correspondence which was be
, ing carried on throug the mercantile house o
which he was member. Directions were
thereupon given by the Secretary of State to
: proper agent to inquire into the correctness 0
the facts thus presented, and this inquiry re
suited in the establishment of their truth. Mr.
William Patrick was thereupon promptly re
leased from custody by direction of the Secre
tary Of State. This release occurred on tn,
thirteenth day OF September last.
On the second day of September the Super
intendent of Police in the city Of New Yorl
informed the Secretary of State, by telegraph
i, that he had under arrest j. q. Rahming, whit
. had just arrived from Nassau, where he ha'
attempted to induce the owners of the schoone
, Arctic to take cannon TO Wilmington, IN Nortl
what should he do with the prisoner. j.
Rahming was thereupon committed into militia
} ry custody at Fort Lafayette, under mandate
} from the Secretary of State. This cOmmitmen
, was made on the second day of September. Oh
, the seventeenth day of that month this prison
or, after due inquiry, was released from custo
dy, on his executing a bond in the penalty o
two thousand Ave hundred dollars, with con
dition that he should thereafter bear true allie
. glance to the United States, and do no ac
hostile or injurious to them, while remaining
under their protection.
: ! have to regret that, after so long an offca
n intercourse between the Governments of tn
s. United States and Great Britain, 1t should b.
: necessary now to inform her Majesty's Min
' listers that all Executive proceedings, whethe
( of the Secretary of War or of the Secretary O
= State are, unless disavowed or revoked by tn
President, proceedings of the President Of tn
/, United States.
i Certainly it is not necessary to announce t
the British Government now that an insurrec
tion, attended by civil and even social war, WA
existing in the United States when the pro
Geedings which have thus related took place