Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government have had under their consideration the correspondence which has taken place between this legation and the State Department respecting the military commission appointed to investigate the cases of persons under arrest in Fort Lafayette and Fort Warren, and they have particularly directed their attention to the note which you did me the honor to address to me on the subject on the 12th of February last.
Her Majesty’s government cannot, however, regard the information conveyed by that note, or by the paper enclosed in it, as sufficiently explicit.
If New York and Boston be under martial law, and the ordinary forms of civil trial be 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 her Majesty’s government conceive that this should be clearly stated; for if this be not the case, and if her Majesty’s subjects are to have 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.
Her Majesty’s government have therefore instructed me to apply to you for a more explicit statement upon this matter, and for a distinct answer to the questions 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.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.