The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1861-10-26

The Arress or Drislsh s1slscss.
CORRESPONDENCE BsrwEES LORD LYONS AND M
| Lord Lyons 70 Mr.. Seward
WAsHixGros, Oct. IA, 1851.
SIR:-Her Msiesty's Government were much
concerned 70 find that two British subjects,
Aessrs. Patrick and Raining, had been subject
ed to arbitrary arrest, and although they had
learnt from telegraphc dispatch from mo that
Mr.. Patrick had been released, they could not
but regard the matter as one requiring their
very serious consideration.
Her MaJestys Government perceive that when
British subjects as we'll as American citizens
are arrested, they are Immediately trans.
ferred TO military prison, and that the military
authorities refuse to pay obedience to q writ Of
habeas corpus
Her Majesty's Government conceive that this
practice is directly opposed 10 the maxim Of the
Constitution OF the United States " that no per-
son shall be deprived of life, liberty or property
without due process of law"
Her Majesty's Government are willing, how
ever, to make every allowance for the hard ne.
cessties of time OF internal trouble; and they
would not have been surprised if the ordinary
securities of personal liberty had been tempora-
Tlly SuSptuucu, uOE lWOuI0 tilcy nave COupldiucu
If British subjects failing under suspicion had
suffered from the consequences Of that suspen.
sion.
But 1t does not appear that Congress has
sanctioned in this respect any departure from
tie due course Of law and it is in these circum.
! stances that the law officers of the Crown have
advised her Majesty's Government that the ar
bisrsry arrests Of British subjects are illegal.
SO far as appears to her Majesty's Govern
ment, the Secretary Of State of the United
| States exercises, upon the reports Of spies and
informers, the power of depriviDg British sub
jects of their liberty, of retaining them in pri.
son, or hberating them, by his own will and
| pleasure.
Her Msjesty's Government cannot but regard
this despotic and arbitrary power az Inconsistent
| with the Constitution of the United States, az
a. variance with the treaties Of amty subsisting
| between the two n,tioHs and as tending to pre-.
vent the resort of British subjects to the United
States for purposes of trade and Industry.
Her MaIesty's Government have therefore felt
bound to INSTRUCT mo 70 demonstrate ngainst
such irregular proceedings, and to say that. in
| their opinion, the authority of Congress is ne
cessary in order to justify the arbitrary arreat
and imprisonment Of British subjects.
have the honor to be-, Sir, With the highest
consideration, your most humble servant,
LYONS
Ihe Hon. WILLIAM II. SEWARD, &c.
1fr. .Se,card to Lord Lyons.
! DEPARTMENT OF STATE, Washington,
Oct IA, 1861.
My LORD II 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 aud Mr.. Rahming,
have been brought under arbitrary arrest, and
and that although her Majesty's Ministers have
been advised by you of the release of Mr.. Patrick
yet they cannot but regard the matter as Fequir
ing the very serious consideration OF this Gov
erument.
You further inform me that her Majesty's
Government perceive that when British subjects
as well as American citizens, are arrested, the,
are transferred to military prison, and that the
military authorities refuse to pay obedience to
writ of habeas corpus
You add that her Mijesty's Government con
| ceiye that this practice is directly opposed t.
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 interna
trouble, and they would not have been surprised
if the ordinary securities of personal liberty hat
been temporarily suspended, nor would the,
have complained if British subjects falling unde
, | suspicion, had suffered from the consequence
, of that suspension. But that it does not appea
that Congress has sanctioned, in this respect
, any departure from the due course OF law, an,
it 10 in these circumstances that the law officer
of the Grown have advised her Maesty's GOV
, ernment that the arrests OF British subjects arr
illegal.
You remark further that, so far as appears t.
her Majesty's Government, the Secretary o
State for the United States examines, upon th
reports of spies, and assumes the power of de
priving British subjects of their liberty OF iiber
: ating them by his own will and pleasure: an,
you Inform me that her Majestys Government
cannot but regard this despotic and arbitrar
power as inconsistent with the Constitution o
the United States, as at variance with the trea
ties OF amity subsisting between the two na
tons, as tending to prevent the resort of British
subjects TO the United States for purposes o
trade and industry. You conclude with inform
ing me that upon these grounds her Majesty
Government have felt bound to instruct you t,
i demonstrate against such irregular proceedings
and to say that, in their opinion, the authorit,
OF Congress is necessary in order to justify ,h,
arbitrary arrest and imprisonment Of British sub
: jects.
The taets in regard to the two persons named
a in your note as follows:
: Communications from the regular pole. o
r the country to the Executive 81 Washington
showed that disloyal persons in the State of ala
I baihd were conducting REASONABLE correspon
dence with Coniederates, British subjects am
American citizens in Europe, aimed at the over
I throw OF the Federal Union by armed force
actually in the field aud besieging the Capital q
: the United States portion OF this correspon
/ dence, which was Intercepted, addressed t.
The hrm OF Smith Il Patrick, brokers, long es
3 taoiished and doing business ia the City Of New
1 York. IL appeared that this firm had Il branch
At Mobile, that the partner, Smith is a di.loya
citizen OF the United States, and that he was il
Europe when the reasonable papers we're sen
from Mobile, addressed through the house O
Sm,th Patrick, in New Yo,k. On receivins
this information, William Patrick was arrested
and committed into military custody ut Fort La
I fayette by an order OF the Secretary of War O
the United States addressed to the police of tn,
City OF New York. These proceedings tool
place on the 2sth of August last.
Representations were thereupon made to tn.
r. Secretary OF State 10y friends of Mr.. Patrick, t.
? the elect that Notwithstanding his association,
= he was personally loyal to this Government, and
that he was Ignorant OF the reasonable patur,
q OF the correspondence which Was being carried
on through the mercantile house of which he
was member. Directions were thereupou Civ
en- by the Secretary of State to a proper agen
i. to inquire into the correctness of the facts thu
presented, and this inquiry resulted in the es
adjustment OF their truth Mr. William P,tricl
5 was thereupon promptly released from custod
t by direction OF the Secretary of State. Thu
release occurred on the 18th of September last
on the I'd day OF September the Superinten
!. dent OF Police, in the City of New York, in
formed the Secretary of State, by telegraph
That De had under arrest j. c. Raining VIII
had just arrived fl ON Nassau, where he had at
/. tempted to induce the owners of the schoone
afctic, TO take cannon to Wilmington, in Nortl
Carolina, for the use Of the Rebels, and iuouire,
e what he should do with the prisoner. j. c
hannling was thereupon committed into militar
custody. at Fort Lafayette, under a mandate
from the Secretary OF state. This commitment
e was made on the I'd day OF September On tn