Office of the Historian

Lord Lyons to Mr. Seward.

Washington, January 23,1864.

Sir: I have the honor to transmit to you a copy of a despatch from her Majesty’s consul at New York, calling attention to an order issued by Major General Dix, commanding the military department of the east, for the appointment of a military commission to investigate the cases of persons arrested and detained at Fort Lafayette and Fort Warren, other than prisoners of war and convicts.

As there are among the prisoners confined in these fortresses some who appear to have well-founded claims to British protection, I deem it to be my duty to ask you for information as to the nature of the proposed investigation, and as to the mode in which it is to be conducted.

The second paragraph of the orders seems to show that in some caseiftpris-oners will also be sent for trial before this military commission.

If this article be held to apply to cases of British subjects, it seems proper that I should ask, first, on what principle it has been determined to bring these cases to trial before a military commission, rather than before the regularly constituted courts of law; and secondly, what is to be the character of the proceedings, and what facilities are to be given to the prisoners for making their defence.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

LYONS.

Hon. William H. Seward, &c., &c., &c.

Mr. Archibald to Lord Lyons.

British Consulate, New York, January 21, 1863.

My Lord: I have the honor to call your lordship’s attention to the enclosed ro promulgated by Major General Dix, commanding the department of the east, in reference to the commission appointed to investigate the cases of persons crested and imprisoned at Fort Lafayette and Fort Warren. The order was published in the newspapers of yesterday, and this morning I called at General Dix’s headquarters to ascertain the mode in which the proposed [Page 504] investigations are to be conducted in reference to the cases of British subjects imprisoned at Fort Lafayette. I was referred to Major Bolles, the judge advocate, who, with two other members of the commission, was then at the headquarters, and was informed by him that there would be, in the first instance, an examination of an ex parte character, in the nature of an inquiry by a grand jury, after which, if a further investigation were deemed necessary, the parties would be duly notified, and, as I am led to infer, counsel would be permitted to assist them in their defence of any charges which might be brought against them. In any case in which a further investigation might be deemed unnecessary, the commission would recommend the discharge of the arrested party.

I have, &c.,

N. M. ARCHIBALD.

Lord Lyons.