The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-10-29
Efr. Serara u Lara LYJ3s.
HEPAETEENT OF STATE, I
MaShLA&.n ktcL. u. lshl.

- tSIL:S LDbs S'Ct. IA, 1901.
1Fy Igrf-I have The honor TO acknowledge
YOUR lordships note OF die present date.
In that paper you inform me that the i5ri-
tish Government Is much concerned 70 find
that TWO British subjects, Mr Patrick aaG
Nr Rthming, have oeen brought un&er az
hitrarV arrest. Hu0 that although her aJeS-
Tvs Ministers have been adVis-G b. you OF tue
release OF Mr.. Patrick, yet they cannot but
regard the matter as requiring the very seTl-
ouo consideration # this Government.
You further inform ne thar her b4lesty's
Government perceive that when British sub
iects, as well as American citizens, are ar
r. stri, they are transferred 10 Il military pri-
son, and that the military authorities refuse
- nav obedience to :; writ Of bab.aS corp0s.
You add that her MajCsty's Government
conceive that This pTaStic" is directly opposed
to The maxim oI Ihe Constitution Of the
United States that no person shall b. deprived
OF life liberty OF property without due pro
,-ss II -. Yen then observe that her Ma
jestyS Government are nevertheless willing
10 make every ali1 ut&uC- !or t.se hard necss-
-.ri-, OF Z; riluT Of Intrr0t! trouble. and they
would not have been surprised II the ordinary
securities ot personal liberty had been te1a-
!,ortrilv suspended, nor would they have
com planned il BRUSH subjects, falling under
z4iss.lclon, had suffered from the sequences
o.. that suspicion. But thati does net appear
that Congress has sanctioned, III this respect,
arry aeuartuIe from the due course of law, aud
il Is in these clTcums taH"es that the law Off
GERS Of the t'rCv-H have advised her Ma ieSty &
Government that the arrests Of british sub
lects are Illegal.
You remark further, that, 60 :ar IS appears
10 her Najesty's Government, the Secretary
of State Tor tbe United States examines upOn
The reports OF spies, aud assumes The power OF
deriving British subjects 0I their liberty or
h brratIIg them by his own will al 4 Pie" ure;
ana yuu inform me thHt Le. Mri.si} @ Sow
egumeut cannot Dut regard this dtSpotic ana
arbitrary power rs iuronSiston, with the Con
stitntip4 OF IL" HHitette>>,ates, u at variance
with the treaties Of aihjtF eubsistiHg between
b t,4i. a
sort Of British subjects to the United States
Tor purposes ot trade and industry. You con-
cluae with Informing ne that upon these
grounds her Naipsty' : Government have felt
bound 10 instruct you To demonstrate against
euen irregular proceedings, and to say that, Ia
their uTinicu, AeHuthJrity oi Congress is ne
cessary in order to Justify the arbitrary arrest
and I'M mpriSonmfGt OF brItlsh surjrClS.
The facts ia regard 10 the TWO persons nam
ed IN your note are rs follows:
Communications fTom the regular police Of
the country 10 the EXe,Ottye ri Washington
showed hat Gi5lOyal persons ia the State OF
Alabama we're conducting reasonable cor
rpsponueuCe win Coutederates, British sub
lets, and American cityxens, in EuTspe,
aimed a the overthrow OF the Federal Union
by armed forces actually IN the Held ana be-
ffeging the Capital OF the United States. A
portion 0f this rrtsQondence, which was
Intercepted, was ad ressed TO the drm o.
Smith q Patrick, brokers, long established
and doing business IL tAe CitY or NeW
York 1t appeared that this firm had II
braueh at Mobile, that the partner, smith, ~
Il disloysi citizen OF The United States, ana
n II lie =: as III Europe when the tTeasouAble
papers were sent from mODiic, addressed
through The house Of Smith j Patrick, in
New York. On receiving this inIorma ton
Nm. Patrick was arrested ard committed
into military custody Al Fort Ld1ay cite by an
order OF the SeCretFy OF " ar OF The nited
States. addressed 10 the police OF the city OF
New York. These proceedings took place on
the 2-th OF August last.
REPRESENTATIONS Were thaTeupon made 10
the >ecretar. OF state b. friends on the part
0. Mr Patrick to the effect thaE nc 1twithstand-
ing bis isassocI3uOns he was personally loyal
20 this Government, and that lie was igno-
rant Of the reasonable nature OF the CORES
noudeuce which was being carried on through
rEt mere tntI!e house Of which lie - as a mem
her. Directions were thereupou given by the
secretary 0f state 10 proper agent 10 inquire
~ - ,Le correctness of the fIcia thus present.
ed aud this inquiry resulted III the establish
mp!4t oi their truth Mr. NiliiJu fHtrick
Hts thrrsuron pro o!nptiy released from cue
tody by direction at the S@cre tdit of state
This release occurred GA the lbtn day al sep
tpmber last.
On the second dIy of September The super
lntendent of Police IN the city OF New 1 ork
informed the Secretary OF state, by telegraph,
that he had under arrest J &. EahmiLg, W ho
had Just arrived from Nassau, where he had
atteInptet. 10 induce the owners OF The schr.
Arctic 10 take cannon 10 wilmington, IN
North Carolina, for the use OF the rebels, and
-
J. { Rahming WAS thereUpon committed into
military custody at Fort Lafayette, under i
mandate from the Secretary Of State. This
commitment was made on the 2d day CT sep
tember. On the 18th OF that month this pris-
oner, after due inquiry, was released from
custody on hls eXeCntiuga q bona IN tne PcAalty
of s2.j00, with Il condition that he should
thereafter bear true allegiance 70 the DLlted
States, and do no act hostile or injurious to
them while remaining under their proleetion.
have 10 regret that, after so long an 9th :
CIaj intercourse between the Ooyernlnents OF
the United States aud Great Erit1fn, 1t should
b- necessary now 10 inform her MaJesty's
Ministers that al. executive proceedings,
whether of the Secretary OF War or OF the
Secretary of State, are, unless disayowed or
revoked by the President. proceedings OF the
President OF the United States.
Certainly i is not necessary 10 announce to
the British Government now that an insur-
rection, attended by civil and even social
war, was existing in the United States when
the proceedings which l have thus related
took place But II does seem necessary TO
state for the Information OF that Government
that Congress is by the Cons titution invested
with 40 executive power or res espoasiblity
whatever, ard, on the contrary, that the
President OF the United States Is. by the Con-
sutation aud laws, invested with the whole
executive power OF the Government, and
charged with the supreme direction of all
municipal or ministerial civil agents, a. well
~ Of the wls0le laud and naval forces Of the