War of the Rebellion: Serial 115 Page 0630 PRISONERS OF WAR, ETC.

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to a wait of habeas corpus. Her Majesty's Government conceive that this practice is directly opposed to the maxim of the Constitution of the United States that no 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 a time of internal trouble, and they would not have been surprised if the ordinary securities of personal liberty had been temporarily suspended nor would they have complained if British subjects falling under suspicion had suffered from the consequences of that suspension. But it does not appear that Congress has sanctioned in this respect any departure from the due course of law, and it is in these circumstances that the law officers of the Congress has sanctioned 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 Majesty's Government that the arbitrary arrests of British subjects are illegal.

So far as it appears to Her Majesty's Government the Secretary of State of the United States exercises upon the reports of spies and informers the power of depriving British subjects of their liberty, of retaining them in prison or liberating them by his own will and pleasure. Her Majesty'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 amity subsisting between the two nations and as tending to prevent the resort of British subjects to the United States for purposes of trade and industry.

Her Majesty's Government have therefore felt bound to instruct me to remonstrate against such irregular proceedings and to say that in their opinion the authority of Congress is necessary in order to justify the arbitrary arrest and imprisonment of British subjects.

I have the honor to be, sir, with the highest consideratiodient, humble servant,

LYONS.

DEPARTMENT OF STATE, Washington, October 14, 1861.

Right Honorable Lord LYONS, &c.

MY LORD: I have 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. Rahming, have been brought under artibrary arrest, and that although Her Majesty's ministers have been advised by you of the release of Mr. Patrick yet they cannot but regard the matters as requiring the very serious consideration of their Government. You further inform me that Her Majesty's Government perceive that when British subjects as well as American citizens are arrested they are transferred to a military prison and that the military authorities refuse to pay obedience to a writ of habeas 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 no 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 suspended nor would they have comlained if British subjects falling under suspicion had suffered from the consequences of that suspension. But that it does not appear that Congress has sanctioned in this respect