George Crump to Lyons, December 30, 1862

Mr. Crump to Lord Lyons.

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.

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.,