Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government, having had under their consideration the note which you did me the honor to address to me on the 17th January last, as well as the correspondence which had previously passed between the Department of State and this legation on the subject of the imprisonment of Mr. Sherwin, have directed me to make to you the following communication.
The case of Captain Sherwin appears to her Majesty’s government to be as follows:
A British subject, of good character and position, commanding a merchant vessel purchased in the United States, and lawfully employed, is suddenly arrested on a charge of high treason, and detained for twelve months in prison. [Page 620] At the end of that period he is released, because the proper law officer of the United States would seem to have advised the government that the British subject in question cannot, “at present, be successfully prosecuted for high treason,” though it is alleged that his conduct is believed to have “been unwarrantable and injurious.” He is also required to sign a parole of honor not to aid or comfort the rebellion against the authority of the United States.
It seems to her Majesty’s government that the plain meaning of this is, that the government of the United States cannot prove the serious charge, upon the ground of which they for a long period deprived a British subject of his liberty, most seriously injured his fortunes as the captain of a trading vessel, and subjected him and his friend to the greatest anxiety.
Her Majesty’s government observe that, both by English and United States law, Mr. Sherwin is entitled to be considered innocent unless he is proved to be guilty; and the injury done to him is not, in the opinion of her Majesty’s government, at all justified by the vague statement that his conduct has been unwarrantable and injurious. Her Majesty’s government have accordingly directed me to apply to the government of the United States for an indemnity for the imprisonment of Mr. Sherwin. Her Majesty’s government do not, however, forget that the necessities of the times have compelled the government of the United States to suspend the writ of habeas corpus, and if any peculiar circumstances warranting, in the distracted state of the country, the arbitrary proceedings against Captain Sherwin shall be alleged, they will be duly considered by her Majesty’s government.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State, &c.