Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1861-10-25
MIR. SEWARD TO LORD LYONS.
DEPARTMENT OF STATE,
Washington, October IA, 1861.


M Lord have the honor TO acknowledge
your lordshp'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..
Raining, have been brought under arbitrary
arrest, and that although her Majesty Minis
tiers have been advised by You Of the release of
Mr.. Patrick, yet they cannot but regard the
matter rs requiring the very serious conside-
ration of their government.
You further inform me that her Majesty's
government perceive that when British sub
jects, as well as American citizens, are arrest
ed, they are transferred to n military prison,
and that the military authorities refuse to ray
obedience to Il writ of habeas corpus
You add that her Majesty government con-
ceive that this practice is directly opposed to
the maxim Of the constitution Of the United
States that n 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 allowance for the hard necessities of a
time Of internal trouble, and they would not
have been surprised if the ordinary securities
Of personal liberty had been temporarily sus-
pended, nor would they have complained if
British subjects, falling under suspicion, had
suffered from the consequences Of that suspen-
sion. But that it docs not appear that Con-
gress has sanctioned, in this respect any de-
parture from the due course of law, and il is
in these circumstances that the law officers of
the crown have advised her Majcsty's govern
ment that the arrests of British subjects are
Illegal.
You remark further, that, so far as appears
to her Majcsty's Government the Secretary Of
State for the United States examines, upon
the reports Of spies, and assumes the power OF
dom iHiY in nf m
liberating them by his own win and pleasure;
and you inform me that her Majesty govern
mcnt cannot but regard this dcspotic and ar
bitrary power as inconsistent with the consti-
tuition Of the United States, as at variance
with the treaties of amity subsisting between
the two nations, as tending to prevent the re-
sort Of British subjects TO the United States
for purposes Of trade and industry. You con-
clude with informing me that upon these
grounds her Majesty's Government have felt
bound to instruct you to demonstrate against
such irregular proceedings, and to say that,
in their opinion, the authority Of Congress is
necessary in order to justify the arbitrary ar
rest and imprisonment Of British subjects.
The facts in regard to the two persons
named in your note are as follows:
Communications from the regular police Of
the country to the Executive at Washington,
showed that disoyal persons in the State Of
Alabama were conducting reasonable cores
pOndence with Confederates, British subjects
and American citizens in Europe, 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 this
correspondence which was intercepted was
addressed TO the firm Of Smith 4 Patrick bro
kers, long established and doing business in
the city OF New York IL appeared that this
firm had branch at Mobile, that the partner
Smith, is n disloyal citizen Of the United
States, and that he was in Europe when the
reasonable papers were sent from Mobile, adj
dressed through the house ofSmith Patrick,
in New York. On receiving this Information,
William Patrick was arrested and committed
into military custody at Fort Lafayette by an
order Of the Secretary Of War Of the United
States, addressed to the police of the city Of
New York. These proceedings took place on
the 25th Of August last.
Representation were thereupon made 70 the
Secretary Of State by friends Of Mr.. Patrick 10
the effect that Notwithstanding his associations
he was personally loyal to this government,
and that he was ignorant Of the reasonable
nature Of the correspondence which was be-
ing carried on through the mercantile house
Of which he was member. Directions were
thercupOn given by the Secretary Of State 10 a
proper agent to inquire into the correctness OF
lDt luIin lHhb plfnehitug anu AilD inquiry re-
suited in the establishment Of their truth. Mr.. |
William Patrick was thercupOn promptly re-
leased from custody by direction Of the Secre- /
tary Of State. This release occurred on the
18th day Of September last.
On the "a day Of September the Superin- /
lendent Of Police 10 the city Of New York in [
formed the Secretary Of State by telegraph I
that be bad under arrest j. G. liahmng, who .
bad just arrived from Nassau, where he had .
attempted to induce the owners Of the schoon- \
sr Arctic" TO take cannon TO Wilmington, /
In North Carolina, for the use Of the rebels, I
and inquired what SHOULD he do with the
prisoner. J. G. Raining was thereupon
committed into military custody at Fort La
'ayolte, under a mandate from the Secretary
" State. This commitment was made on the
ID day Of September. On the l7th day Of
hat month this prisoner, after due inquiry,
was released from custody, on his executing a
bond in the penalty Of two thousand Eve hum
bred dollars, with a condition thai De should ,
thereafter bear true allegiance 10 tBs United .