Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-11-07
The Washington Administration ""d 'ho British

It bears date w ashlngton OctODer IAN, anu oHomo
that the British authorities regard Lincoln as acting III
violation Of the Constitution that be sworn to sup
mort and that the Government of Her Majesty will not
submit to his despotic and arbitrary acts when they
affect the interests of that realm or the rights OF It's SUIT
WASHINGTON October a. 1851
Sir-Her Majestys Government were much concerned n
ming had been subjected arbitrary arrest and although
they had learnt from Geographic dispatch IRON me
the matter as requiring their very seons
Her Msjestys Government perceive that When britis
Subjects well American citizens, are arrested lney
are Immediately transferred to military prison and hat
military authorities refuse to obedience TO WITT Oh
Her Maestys Government that this practice is
directly opposed to tie maxim Of the CONSTITUTION OF the
liberty. or property without due process of law
Her Maestys Government are willing however 70 make
nal trouble and hey would not have been surprised the
ordinary securities OF personal liberty bad been
subjects falling uDder suspicion had suffered from me con-
sequences of that suspicion. .
But it does appear that Congress has sanctioned IN
respect any departure from the due OF law and
it is in these circumstances that the Law Off of the
have advised her Government that the ar
btrary arrests of British subjects are illegal
SO ar as appearances her Majestys Government, the
Secretary of state Of the United States exerclses
reports of spies and nformers the power of deprng BRIT
ish subjects of their liberty, of retaining them IN prison. OF
liberatng tn N. by lis own will and plea ure' ,
Her Maesys Government cannot but regard this despot
aud btrary inconsistent with the Constitution
of the Un ted states as at variance with the ueaues o.
amiy subssng between the two nations and as tending TO
prevent the Of British subjects to the United States
| for purposes of trade and industry.
Her has-ty's Government therefore felt bound to
instruct OntIae against such Irregular proceed
ugs and to say that lo their OPINION the authority Oh ION
gresS necessary in order to justify the arbitrary arrest
! and mp isonment Of British subjects
have The honor to he. with the highest consera-
| tnn most otedient servant, LlUNS
/ To the Hon. WILLIAM H. sEwABD, 20.
In reply to this note, SEWARD, alter reheaslng It's
| statements and positions, proceeds as follows:
The fats in regard to the two persons named in your
| note are as follows
he n
the Executive hBg1on showed that dsoyal persons
ia the State of Alabama were conducting reasOnaoe cor
dependence with C0ntederates British and Amer
citizens in Europe aimed at the overthrow OF the Fed
eral Union by ued forces actually in the field and be-
sieging pital United portion of this
opdence. which Intercepted addressed to
dn;nn hpSnes in he cty Of New York It anpeared that
this firm had branch at Mobile, that the partner NTH
is disloya citizen United States and that he in
Europe when the reasonable papers sent from Mo-
bile, addressed through the house Of smith Patrick, in
crested aud Committed into military custody at Fort
afay h. order Of the Secretary of War of the
Uats States address ed to the police the city of NJ 70 k
These proceedings took lace onthe 18th of August last.
Representations thereupon made to the Secretary CT
State by friends on the part of MI Patrick to the effect
that Notwithstanding his ASSOCIATIONS he was personally
loyal to this GOVERNMENT and that rs ignorant of the
carried thoug he mercantile house of which he
member. Directions were thereupon given by the secre-
ness of The facts thus an5 his nonirv in
the establishment of their truth Mr. William Patrick was
thereupon promptly released from custody by direction OF
the Secretary OF State his release Cured on the 18th
7 day of September last
On the End day of September the superintendent of Po
Ice in the city OF New York informed the Secretary
State by telegraph that he had under arrest j. c. Raining
who had just arrived from Nassau where had attempted
to ndu the owners Of the schooner Arcade to take
}, WlmI gon North Carolina for the of the
rebels and inquired what he should Go with the prisoner
: j. q. Raining thereupon committed into military
tody Fort Lafayette under mandate from the Secretary
of State. This commitment made the I'd day of Sep
tenber On the 18th day of that month this prisoner after
due inquiry released from custody on his executing
bond IN the penalty of $500 with a condition that he
should thereafter bear true allegiance to the United States
and do hostile Injurious them while remaining
" under their protection.
d have to regret that after org official intercourse
between the Governments of the United States and Grea
BRITAIN 1t should be Necessity low to INFORM her Majesty
Ministers that all executive proceedings, whether If the
Secretary OF War or the Secretary of State unless dis
awoWed revoked by the President proceedings of The
President Of the United States.
Certainly it is necessary the British
Government now that an inu reCOn attende by civil
even social existing in the United States when th
proceedings which have thus related took place But
des to state, for the information of tina
government that Congress is by the Constitution invested
1t wi executive responsibility whatever, and
on the contrary that The President OF the United States
by the Constitution md laws, invested with the whole Elk
ecutiVe power Of the Government, and charged with tn
direction of all municipal eTia civil
as well as of the whole aud and naval forces Of the Union
ard ttat invested with those ample powers he charge
by the and laws with the absolute duty OF
pressing nsurection as well as OF preventing and repen
ana mat Tor THESE pu poses ne constltutonail
exercises the right of suspendn the writ of hobedS corpus
whenever and wheresoever and in whatsoever extent tn
b public safety endangered by invasion in
10 The proceedings of which the British Government CON
PLAIN taken Information the
dent by legal police authorities of the country and the
were not instituted until after he had suspended the grea
writ OF freedom in just the extent that IN view of the
lis of the State he deemed necessary. For the
that discretion he we'll as his advisers among whom
soe ny law oefoT the highest Judicial tribunal OF the Re
IS public, and amenabe elsa judgment his country
men, and the enlightened opinion of the civilized rld
y candid admission contained in letter relieves
OF any necessity for showing that the two persons name
81 sn neither known to be British sui
D. subjects OF her Majesty residing in the United States
under their protection treated during the present
pies IN The same manner and with no greater less go
al than American citizens.
{" The military prison which was used for the temporar
detention OF the suspected parties o constructed
a. garsOned for the public The military Office
charged with Their custody has declined to obedienc
to the writ CT hd6edS cOTpS but the refusal made
obedience to express direction of President,
exercise OF his functions as Commander Of all tt
# land an naval forces OF the United States. Although it
not very Important it certainly is not entirely irrelevant
add that 50 far as am informed writ OF hobeas corp
was attempted 10 be served or was even sued out
piled for in behalf of either of tie persons named ahoue
sued out in favor of another British subject and was dis
ms beyed by direction of the President
The British Government have candidy conceded in Il
n before NE, that even in this country
or akaoe Tor so long enjoyment by its people Il
highest mmuniIies OF personal freedom war; especial
civil var cannot be conducted exclusively in the forms
ial with the daory remedies provided by municipal
time OF peace Treason, always operates if possible
surprise, and prudence and humanity therefore, equally
qure that violence connected in shall be
= If practicable, by unusual and vigorous precaution
no fully aware of the Inconvenience which result from
pracce cf such precauton embarrassing communities
social life, and affecting, perhaps, trade and inercour
with foreign nations
he But the American people, after having tried in every
avert civil have accepted it last stern nece
sity The chief interest," while it lasts, is the EMO
he ments of society," the profits of trade but the saving
national life. That life saved. all the other blessings wifi
attend will speedily return with greater
tlnuance than before The safety of the whole peop
has become, in the present emergency, the supreme la
and SO long the danger shall exist all classes
equally tie deniEen and the citizen, cheerfuy acques
- in the measures which that law prescribes.
Inc Government does lot question the learning of the
gal advisers of the British Crown justice the de
ence which her Majesty pays to them. Nevertheless I