Lord Lyons to Mr.
Seward.
Washington,
January 6, 1863.
Sir: In an unofficial letter, which you did me
the honor to write to me on the 6th of last month, you informed me that
the district attorney of the United States for the district of Delaware
had been instructed to commence proceedings against Captain Wm. Sherwin,
master of the Rowena, for high treason.
It appears, however, from a despatch dated the 30th of last month, which
I have received from her Majesty’s acting consul at Philadelphia, and of
which I have the honor to enclose a copy, that Captain Sherwin was
still, at that date, held in military custody, and that no instructions
to take legal proceedings against him had been received by the United
States district attorney.
I have the honor to be, with high consideration, sir, your most obedient,
humble servant.
Hon. W. H. Seward, &c., &c., &c.
Mr. Crump to Lord Lyons.
Her Majesty’s. Consulate,
Philadelphia, December 30, 1862.
My Lord: I have the honor to acknowledge
the receipt of your lordship’s despatch of the 6th instant,
informing me that you had made an endeavor to induce the United
States government to release Captain Sherwin unconditionally; that,
in answer to your lordship’s application, you were informed that the
government did not feel warranted, under existing circumstances, in
releasing Captain Sherwin, but that, on the contrary, had thought it
necessary to instruct the attorney of the United States to commence
proceedings against him for high treason; instructing me to
ascertain and report to your lordship whether Captain Sherwin has
been transferred from the custody of the military to that of the
civil authority, and if so, whether he is detained under a warrant
issued in due legal form; whether he enjoys all the advantages
allowed by law or custom to persons in his situation; especially
whether due facilities are given him for preparing his defence; also
to report the overt acts charged against him as constituting the
crime of high treason; and to inform you if there shall be any doubt
as to his obtaining a fair and speedy trial.
[Page 487]
In reply, I have the honor to inform your lordship that the United
States district attorney at this port has not, up to this date,
received any instruction to prosecute Captain Sherwin for high
treason, and that he is, therefore, still in the custody of the
military authorities.
On my last visit to Fort Delaware, Captain Sherwin informed me that
he enjoyed all the privileges allowed the other political prisoners
of the fort except a “parole of the island;” i.
e., liberty to go outside the fort and walk around the
island, which it appears some of them enjoy.
With a view of obtaining this privilege for Captain Sherwin, I spoke
to Colonel Perkins, the commandant of the fort, of the captain’s
declining health, in consequence of constant confinement. Colonel
Perkins stated that he would give the subject his consideration. The
regulations of the fort allow the political prisoners two hours
daily of fresh air on the parapets of the fort, which of course
Captain Sherwin avails himself of. I am not aware of the captain
having had the liberty of the island granted him, but think it is
highly improbable, as he promised to write me if he obtained it, and
he has not done so.
I will keep the instructions contained in your lordship’s despatch
before me; will be guided strictly by them, and immediately report
whatever may transpire in this city in relation to this interesting
case.
I have the, &c.,
