The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-20
IMPORTANT CORRESPONDENCE.
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RemOnstranCe Of Lord Lyons Against
the Arrest Of British Subjects.
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SPIRITED REPLY OF SECRETARY SEWARD,
&C., Gc., &c.


sIR-fier Majcsty's government were much concerned
TO Ind that two British subjects Mr. Patrick and Mr..
raing, had been subjected to arbitrary arrest and al
though they had learned from tccgraphc despatch
from me that Mr. Patrick had been release they could
not but regard tho matter requiring their very
serious consideration.
Her Majesty's government perceive that when British
subjects well American citizens arrested they
are Immediately transferred to military prison. and that
the military authorities refuse pay obedience writ
of habeas corpus.
Her Maesty's government conceive that this practice
directly opposed to the maxim of tho constitution of
the United States hat person shall be deprived Of
life, liberty or property without due process of law"
Her Majesty's government are willing, however, to
make every allowance for the hard necessities of time
of internal trouble; and they would not have been
prsed II the ordinary securities of personal liberty had
been temporarily suspended, would they have
planned II British subjects falling under suspicion had
suffered from the consequences of that suspension.
But it Goes not appear that Congress has sanctioned in
this respect any departure from the due Of law
and 1t is In these ccumstan that the law officers of
the Crown have advised her Mjestys government that
the arbitrary arrests of British subjects are Illegal
50 far as appears to her Majestys government, tho
Secretary Of state of the United exercises upon
reports Of spies and inormes the power of deprivng
British subjects of their liberty, Of retaining them
prison or beratng them by his own will and pleasure
Tier Majestys government but regard this des
potic and arbitrary power Inconsistent with the
stitution Of the United States, variance with the
treaties Of amity subsisng between the nations
tending prevent the of British subjects the
United States for purposes of trade and industry.
Her ajcstys government have therefore felt bound to
instruct oremonsrate against such irregular proceed
iuuc nndt N in fhar pipinp a,tbnr Of
Congress necessary in order tousy the arbitrary
rest and Imprisonment Of British subjects
have the honor to be- sir with the highest consdera
ton, your most obodient humble servant, LYONS
The Hon. WILLIAM II. SEWARD, &c.
MIR. sEwARD's REPLY TO LORD LYONS.
DEPARTMENT OF STATE !
WASHINGTON, Oct Ia, 1861. +
Ny LoRp-I have the honor to acknowledge your lord
ships note of the present date
In that paper you inform me that the British govern
mcnt is much erned to find that two British subjects,
Mr. Patrick and Mr. Eahming, have been brought under
arbitrary arrest and that although her Mestys Ministers
have been advised by you Of the release of Mr. Patrick
yet they but regard the matter requiring the
very serious consideration OF this government.
You further inform me that her Maesty's government
perceive that when British subjects, well as
American citizens arrested they transferred to
military prison, and that the military authorities refuse
to pay obedience to writ Of habcas corpus.
You add that her MaIestys government conceive that
this practice directly opposed to the maxim OF tho
stituton of the United States, that person shall b'
deprived OF life, liberty property without due process
Of law. You then observe that her Majestys govern
ment are nevertheless willing to make every allowance
for the hard necessities OF time OF internal trouble
they would not have been surprised IL tho ordinary
securities of personal liberty had been temporarily
suspended would they have complained Il
British subjects, falling under suspicion, had
suffered from the consequences OF that suspen
son but that it does not appear that Congress has
toned, in this respect, any departure from the du'
course Of law and it is in these circumstances that tn,
law officers of the Crown have advised her Majesty,
government that the arrests of British subjects illegal
You remark further, that, far appears her Ma
jesys government tho Secretary Of State for the United
States examines upon the reports of spies assumes
the power of deprvng British subjects of their liberty
berang them by his will and pleasure and you
inform mo that her Majestys government cannot but
regard this despotic and arbitrary power incon.
sstent with the constitution Of tho United
Statcs as at variance with the treaties OF amity
subsistng between the two nations and tending
to prevent the resort OF British subjects to the
United States for purposes Of trade and industry You
conclude with informing that upon these grounds her
Majcstys have felt bound instruct you to
demonstrate against such irregular proceedings and
say that in their opinion, the authority OF Congress
necessary in order to justify the arbitrary arrest and
Imprisonment Of British subjects.
The facts in regard to the two persons named your
note are follows:-
Communications from the regular police of the country
to the Executive at Washington showed that disloya per-
in the State of Alabama conducting reasonable
correspondence 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 hesieging the capital of the United States portion
of this correspondence which was intercepted ad
dressed to the firm Of Smith Patrick, brokers' long es
tabshed and doing business in the city Of New York
appeared that this firm had branch at Moblle that the
partner, Smith, is dsoya citizen Of the United States,
and that he Europe when the reasonable papers
were sent Mobile addressed through the house OF
Smith 4 Patrick, in New York. On receiving this in
formation, William Patrick arrested and committed
into military custody at Fort lafayette by order Of the
Secretary Of War Of the United States addressed to h
pol &c Of the city Of New York These proceedings too
place on the 2Sth Of August last
Representations thereupon made TO the Secretary
Of State by friends Of Mr. Patrick to the effect that not
withsandng his associations he personally loyal
the and that he ignorant Of the treason
on through the mercantile house Of which he men,
Der. Directions thcreupon given by the Secretary
proper agent to inquire into the correctness
of the facts thus presented and this inquiry resulted
the establishment Of their truth Mr.. William Patrick was
thercupon promptly released from custody by direction Of
the Secretary Of State This release tho 18th
day or September last.
On the I'd day Of September the Superintendent o.
Police the city Of New York informed the Secretary
State by telegraph that he had under arrest Rahmng
who just arrived from Nassau where he had attempted
TO induce the Of the schooner Arctic to take
non to Wilmington in North Carolina for the Of the
rebels and inquired what should he do with the prisoner
J. G. Rahming thereupon committed into military
custody at Fort lafayette under mandate from the
Secretary Of State. This commitment was made on the
Cd day Of September. On the 18th day Of that month
this prisoner, after due inquiry was released~fr cus
tody his executing bond in tho penalty Of two thou
sand Ave hundred dollars with condition that he should
thereafter bear true allegiance TO the United States and
do no act hostile or Injurious to them, while remaining
under their protection.
have to regret that, after 30 long oncAl inter.
between tho governments Of the United states and
Great Britain, =, should be necessary now u inform he
Majessys Ministers thas all executive proeeedins, vhe
er of the Secretary Of War Of tho Secretary or State