Mr. Seward to Lord Lyons.
My Lord: I have the honor to acknowledge the receipt of your lordship’s note of the 18th instant, in which you inform me that her Majesty’s government have had under consideration the correspondence which has taken place between her Majesty’s legation and this department respecting the military commission appointed to investigate the cases of persons under arrest in Fort Lafayette and Fort Warren, and that they have particularly directed their attention to the note which I addressed to your lordship on the subject of the 12th February last, that her Majesty’s government cannot, however, regard the information conveyed by that note, or by the paper enclosed in it, as sufficiently explicit. Your lordship then remarks that, if New York and Boston are under martial law, and if the ordinary forms of civil trial are suspended universally, and without exception or distinction of persons, subjects of her Majesty brought before the military commission are in the same condition as native citizens, and her Majesty’s government may refrain from remonstrance on this particular subject; but that her Majesty’s government conceive that this should be clearly stated; for if this is not the case, and if her Majesty’s subjects are to have [Page 592] charges against them investigated by an exceptional tribunal, and are not to be allowed the protection and safeguards of the ordinary civil trial, when such protection and safeguards are still open to United States citizens, the fact, if it be so, may give rise to very grave and serious complaint; that her Majesty’s government have therefore instructed your lordship to apply to this department for a more explicit statement upon this matter, and for a distinct answer to the question whether martial law universally prevails at New York and Boston, and whether it suspends for all persons equally, citizens as well as foreigners, the right of being tried before the ordinary civil tribunal.
In reply to this note, I have the honor to give your lordship a copy of a proclamation issued by the President of the United States on the 15th of September, 1863. I have to state further, for the information of her Majesty’s government, that military commissions and courts-martial are instituted and appointed to inquire into and decide cases of the classes in regard to which the privilege of the writ of habeas corpus is suspended by the above-mentioned proclamation, and no other cases.
I have further to state, that military commissions and courts-martial take cognizance and try complaints against all classes of persons, citizens of the United States as well as foreigners, without any discrimination on the ground of their citizenship or want of citizenship, other than such discrimination as as holds citizens to full obligations of a perfect allegiance to the United States, while all the rights which specially belong to domiciled or transient aliens as such under the law of nations are observed and respected.
I have the honor to be, with high consideration, my lord, your obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.
[For the President’s proclamation above referred to, see congressional documents of the 15th September, 1863.]