Mr. Seward to Mr. Stuart.

Sir: I have the honor to acknowledge the receipt of your note of the 9th instant, which relates to the complaint of Francis Carroll.

I must be permitted to say that, through inadvertence, you seem to me to have somewhat misunderstood his case. You assume that his confinement has been directed by the War Department, in order to gratify the revenge of an individual with whom he has a quarrel. On the contrary—although I see in the letter which was written by Carroll to Mr. Paca provocation to revenge—I do not find any evidence in the case that he has given indulgence to that passion or to any vindictive sentiment. The letter shows that Carroll is a public enemy. Certainly a presumption of good instead of bad motives arises when, in an hour of danger, a loyal citizen gives warning against a public enemy. So it can hardly be believed, without some evidence, that the military authorities of the United States, in deciding to arrest Carroll, sympathized at all with any retaliatory feelings on the part of Mr. Paca, even if they were entertained by him. It is not perceived how they could have overlooked the complaint.

The city of Baltimore and the State of Maryland are well known to contain a seditious class of persons who are connected with an armed and open insurrection in other States to subvert the government of the United States. These seditious persons have once actually raised the standard of civil war in Baltimore. A large national force has for more than a year been kept up in Maryland to overawe and repress this sedition.

Francis Carroll was denounced to the military authorities as an active partisan of this class. His letter written to Mr. Paca proves that the denunciation was probably just. So far as we know, he has not denied the authenticity of the letter, nor given any sign of any change of sentiment, or any assurance of amending his course, even if he should be set at liberty.

Is the government of the United States to be expected to put down treason in arms, and yet leave persons at liberty who are capable of spreading sedition, and who deliberately write to a loyal citizen that he “is a spy of an alien and miscreant government?” Certainly the government could not expect to maintain itself if it allowed such mischievous license to American citizens. Can the case be different when the dangerous person is a foreigner living under the protection of this government ?

I can conceive only one ground upon which his release can be ordered, and that is that he may be too unimportant and too passionate a person to be heeded in his railings against the government. But you will bear in mind that the times are critical, and that sedition is easily moved now by evil designing men who, in times of peace, might be despised. It would seem to belong to the War Department to decide whether Francis Carroll could, in the existing condition of military affairs in Maryland, be set at liberty consistently with the public safety. At least before the President could decide to accede to your wishes on [Page 289] that subject, it will be proper for him to have the opinion of the Secretary of War upon the question, and 1 shall with pleasure consult him upon the subject.

I have the honor to be, with high consideration, sir, your obedient servant,

WILLIAM H. SEWARD.

Hon. Wm. Stuart, &c., &c., &c.