New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-21

=. ,,, and that tbs military authorizes refuse
- 80 obedience 80 q writ Of babeas corpus.
| IL. Nai4sty's Government conceive that this
u,aa,ice Il directly opposed TO the maxim Of the
Es~si;tn+iop Of the United States that person
sball be deprived Of life, liberty, or property with
i. out due process OF law.
I Her Maiesty's Government are willing, however,
10 make every allowance for the hard necessities Of
time of internal trouble; and they would not have
been surprised if the ordinary securities of personal
liberty had been temporarily suspended, nor would
they nave complained if British subje lalhng
under suspicion had suffered from the consequences
Of that suspension.
BIT it does not appear that Congress has sane
toned IN tins respect any departure from the due
courte Of law; and il is III these circumstances that
the law officers Of the CaOwn have advised her
Majesly's Government that the arbitrary arrests Of
British subjects are illegal.
SO far Appeals TO her Majesty's Government,
the Secretary of State of the United States exercises,
upon the reports of spies ADD normers the power OF
depriviDg British subjects of their liberty OF retain
ing them in prison, or iiberaIng them, by his own
will and pleasure.
/ Her Maiesty's Government cannot but regard this
despotc and arbitrary power as inconsistent with
the Constitution Of the United States at variance
with the treaties of amity suhsisting between the
! two nations and rs tending 10 prevent the resort OF
British subjects to ths United States for purposes Of
trade and industry.
/ Her Maiesty's Government have therefore felt
bound instruct 10 femonstrate against such lr-
regular proceedings and TO say that in their opinion
the authority Of Congress is necessary in order 10
ustfy the arbitrary auest and imprisonment OF Brit
I ISL subjects.
have the honor TO be, Sir, with the highest con-
sideration, your most humble servant, LYONS.
The Lon. WILLIAM SEWARD. &c.
Mr. Sexdrd 10 Lord Lyons.
DErARru,sr OF STATE, Washington, Oct. u, 1861.
My LORD: have the honor to acknowledge your
lordships note OF the present date.
In that paper you inform me that the British Gov
ernment il much concerned TO find that two British
subjects, SIR. Patrick and Mr.. Raining, have been
brought under arbitrary arrest and that although her
Macstys Ministers have been advised by You of the
release of Mr. Patrick yet they cannot but regard the
matter as requiring the very serious consideration OF
this Government.
You further inform that her Aajesty's Govern
ment perceive that when British subjects, as well as
American citizens, arrested, they transferred
10 military prison, and that the military authorities
refuse 20 pay obedience to whit Of habeas corpus.
You add that her Ma esty Government conceive
that this practice is directly opposed the maxim
OF the Constitution Of the United States that 10
person shall be deprived Of lite, liberty, proper
~, without due process of law. You then obseryc
that her Majesty's Government are nevertheless
willing to make every allowance for tie hard neces
sites Of q time OF internal trouble, and they would
not have been surprised If the ordinary securities
of personal liberty had been temporarily suspended, |
nor would they have complained If British sub |
iects falling under suspicion, had suffered from the
consequences of that suspension. But that IL does
not appear that Congress has sanctioned, in this
respect any departure from the due coursc OF law,
and it is In these circumstances that the law Off
cTs OF the Crown have advised her hajesys Gov
eminent that tho arrests of British subjects are lille
gal.
You remark further that, so far appears TO her
Maestys Government the Secretary Of State for the
United States examiner, upon tie reports Of spies.
and assumes the power Of depIiyng British SUBJECTS
of their liberty or Gberating Them by bis own
will and pleasure; and you inform me that her Ma
iesty's Government cannot but regard this despotio
and arbitrary power as inconsistent with the Consti
tuition OF the United States, at variance with the
treaties of amity subsstng between the TWO nat
as tending TO prevent the resort Of British
the United States for purposes Of trade and in
dustry. You conclude with informing me that upon
these grounds her Maostys Government have felt ,
bound TO instruct you TO demonstrate against such
irregular proceedings and 10 say that in their oJn-
ion the authority OF Congress is necessary in order
TO justify the arbitrary arrest and imprisonment of
British subjects.
The facts in regard to the tw0 persons named in
vOnr note are as follows
Communications iroih the regular police of the {
country to the Executive at Washington showed ,
that dsloyal persons IN the State of Alabama were
reasonable correspondence with COnfed
crates British subjects and American citizens in Eu-
rope aimed at the overthrow OF the Federal Union
by armed forces actually in the field and besieging
the Capital Of The United States portion Of tins
which was intercepted was adj
dressed to the firm OF Smith g. Patrick brokers' long
established and doing business in the City Of New
York. 1t appeared that this firm had a bran Il
Mobile, that the partner, Smith, Is dislc IA AZ
Of the United States, and that he " >JAl citHen
addressed through the house q aePt from M9oile,
New-York. On receiving this inS n q Patrick,
Patrick was arrested and com, ormaion, William
custody at Fort Lafayette by -nitled INTO mntary
.aIy OF War Of the United an order OIL Ihs Seere
COX PLACE On the 2Stb o. York. These proceedings
REPRESENTATION we 1 August. last.
rotary of State by re thereup made to the Sec
ect that notwitb .;ard 81 Sr. Pstilek 70 she OK
0nornt OF Is to this Cover nment and that he was
ence which &c IRRESPONSIBLE allure of the correspond
,antile b was being carrie d on through the mer-
,roy nereupon given by se Secretary If State to
3 |er agent TO inquire If TO the correctness Of the
CTS thus presented, and this inquiry resulted in the
OF their II 9th. Mr.. William Patrick
Gas tnefeaP0h piomp iy released from custody by
direction OF the Secret AZ of State. This release
cured on the 18th Of ssS,erober last.
g III 1 me 20 Gay OF September the Superintendent
:, = roloe, IN the ay of New-York, informed the
'ecle'afy o. State by telegraph, that he bad under
Id iesS o. " h"iiu M, VITO had just arrived from
>. 20 IL had attempted 10 muuoS 'ne VHh-
t - Vi lhe schOo ner Arctic 10 take cannon 20
'nImlnetol, IN North Carolina, 10. the use OF the
eOeis, ana Inc lrired what should he do With the
iisoner: D. & Raining was thereupon committed
no mnHafy custody al Fort Lafayette, under n
IRON the Secretary OF State. This commit
tn day O. "S o.i .no ~, az n,sooer after duc
quiry, W. ai AG Hor, cua,oay IN is executing
bond in - ie '0Ha0u 40 Eo1 ,,,;,b a condition
at he ST. ne pehaly % ~ tscs sIlagsnce 10 the
litedS ouiu on 80, 80 hos1iie % iu;,,r;ops 10
EN- WI .aVes, anu t w - ,ha;r n,otactio,