Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-11-02
9asbailIss a'niunr5 & si ii 5Hleritn
L1NcoLN sUAURPAz1cNs HEsUKED.

jesty near the Government of the United States.
and Mr.. Secretary SEWARD, representing LNcLoNss
Kingdom, touching the military arrasts of two Brit
ish subjects on the ground of their alleged compl
city in the existing rebellion of the Southern States
against the Constitution and authority of the Fed
eral Government, as urjustly administered by ABE
LINCOLN, cannot fail to be read with interest:
LORD LYONS TO Mr., SEWARD.
WASHINGTON, Oct Il, 1861.
ST.: Her Majesty's Government were much concern
ed to find that two British subjects, Mr.. Patrick and
Ar.Rsghming had beensubs to arbitrary arrest
and although they had learnt from telegraphlc
dispatch from me that Mr. Patrick had been releas
ed they could not but regard the matter as one re
quiring their very serious consideration.
Her Msjestyis Government perceive that when
British subjects, as well American citizens, are
arrested, they are Immediately transferred to
military prison, and that the military authorities
refuse TO pay obedience TO writ of hdbeds corpus
Her AaJssty's Government conceive that this
practice Is directly opposed to the maxim OF the
United States that no person shah be deprived OF
l''4 liberty or property without due process OF
law"
nsr Msjssty's Government are willing, however.
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 per-
sonAl liberties had been Temporarily Suspended nor
would they have complained IL British subjects fsu
ing under suspicion had suffered under the eonse,
quences of that suspension.
But &c does not appear that Congress has sane
toned IN this respect any departure from the due
course of law and it is in these circumstances that
the Law Officers Of the Crown have advised her
Msjestys Government that the arbitrary arrests OF
British subjects are illegal.
So far as appears to her Majssty's Government,
the Secretary of State of the United States exercis
es upon the reports of spies and informer the
power to deprive British Subjects of their liberty,
Of retaining them in prison, or ibsI ating them, by
,rs11 ~ ,pla
Her Msjssty'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 subsisting between the
two Nations and tending TO prevent the resort of
British subjects to the United States for purposes
of trade ADD industry.
Her Msjssty,s Government have therefore felt
bound TO instruct me to demonstrate against such
irregular proceedings, and to say that 10 their Opn-
ion the authority of Congress is necessary in order
to justify the arbitrary arrest and imprisonment Of
British subjects. -------
have the honor to be, sir, with the highest con
alteration, your most obedient humble servant,
To the Hon VIM q Seward, &c.
Mr.. SEWARD To LORD LYONS.
DEPARTMENT OF STATE,
Washington, Oct H. 1861.
Ny LOrd-Ihsve 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 and Mr.. Raining
have been brought under a. btFary arrest and that
although her Msjssty's Ministers have been advised
by you of the release of Mr. Patrick. yet they can
not but regard the matter requiring the very
serious consideration Of this Government.
You further inform me that her Msjesty's Gov
eminent perceive that when British subjects, as
well as American citzsBs> are arrested, they are
transferred 20 military prison and that the mill.
tary authorities refuse to pay obedience to writ
Of hGbedS corpus
You add that her Majesty's Government conceive
that this practice is directly opposed to the maxim
of the Constitution of the United States that per
shall be deprived Of life, liberty or property
without due process of law. You then observe
that her Msjesty's Government nevertheless
willing to make every allowance for the hard ne.
cessities of time of internal trouble, and they
would not have been surprised if the ordinary Sc
curites of personal liberty had been temporarily
suspended, ncr would they have complained if Brit
ish subjects, falling under suspicion had suffered
from the consequences of that suspicion. But that
it does not appear that Congress ha- sanctioned in
this respect any departure from the due course of
law and il is in these circumstances that the Law
officers of the Grown have advised her Msjs g
q "nment that the arrests of British subjects are
illegal
IA remark further, that. so far as appears to
her MsJesty's Government, the Secretary of State
for the United States examines, upon the reports of
Epies and assumes the power Of deprlving British
subjects of their liberty liberating them by his
own viii and pleasure and you inform me that
her Msjesty's Government cannot but regard this
despOtic and arbitrary power as inconsistent with
the Constitution of the United States as at variance
with the treaties of smity subsisting between the
two nations. as tending to prevent the resort Of
British subjects to the United States for purpose of
trade and industry. You conclude with informing
me thatupon these grounds her Msjesty's Govern
ment have felt bouad TO instruct you to .remOn-
strate against such irregular proceedings, and to
say that in their opinion, the authority of Congress
is necessary in order to Istfy the arbitrary ar
rest and imprisonment of itish subjects.
The facts in regard TO the two persons named in
your note are as follows:
Communications from the regular police of the
country the Executive at Washington show ed that
disloysl persons IN the State of Alabama were con
Quoting reasonable correspondence with Coincide
rates, British subjects, and American citizens, in
Europe, aimed at the overthrow of the Federal
Union by armed forces actually in the field ard be-
sieging the Capitol of the United States portion
of this correspondence, which was intercepted.
was addressed to the firm OF Smith q Patrick, bro
kers long established and doing business in the city
of New York 1t appeared that this firm had q
branch at Mobile that the partner, Smith, is dis
loyal citizen Of the United States and that he was
in Europe when the reasonable papers were sent
from Mobile, addressed through the house of Smith
d Patrick. in New York On receiving this infor
nation Wa. Pat lex was arrested and committed
into military custody ct Fort Lafayette by order
of the Secretary Of War of the United States, ad
These proceedings took place on the 2S.h of August
last.
Representations were thereupon made to the Sec
Rotary of State, by friends on the part of Mr.. Pat
rick. to the effect tEat notwithstanding his associs-
tons, he was personally loyalto this Government,
and that he was ignorant of the reasonable nature
of the correspondence which was being carried on
through the mercantile house of which he was a
member. Directions were thereupon given by the
Secretary OF State t. proper agent inc uire into
the correctness of tG facts thus presented and this
inquiry resulted in the establishment their truth
Mr. Willism Patrick thereupon promptly re-
leased from custody, by direction of the Secretary
of State The release occurred On the 18th day Of
September last. GE-G
On the second day of September the superintend
ent of Police in The city Of New York informed the
Secretary Of State by telegraph that he had under
arrest J. Q. Raining who had just arrived from
Nassau, where he had attempted to induce the
owners Of the schr Arctic" TO take cannon to
Wilmington, in North Carolina, for the use of the
bSs. and manfred what ha shoud do WITH he