The Express.
London, England, 1861-12-03 00:00:00

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LONDON, TUESDAY, DAC 3.

is the interests of peace it must be regarded as
a fortunate circumstance that the Congress of the
United States reassembles to-morrow, the 4th
instant, and that several days must elapse after
its meeting before the despatch of our Govern-
ment, demanding reparation for a violation
of neutral rights, can reach Washington.
Time will thus be given fer the Go-
vernment of the United States to deliberate
spontaneously, and without any foreign pres-
sure, upon the course which it is most con-
sistent with the honour and dignity of the Re-
public to pursue. It is a golden oppor-
tunity ;we trust it may not be lost. Every
concession volunteered by a great nation
for the sake of preserving international peace
is twice as great a benefit and blessing to
the world as that which is yielded on complaint or
after controversy. For the sake of all who are
concerned, but still more especially for the sake of
the American people and their institutions, we
cherish the belief that before any communication
can be received at the White House from White-
hall, President Lnitotir will have instructed Mr.
ADUIt4 to express to the Government of Great
Britain his regret at the excess of seal on the part
of his naval subordinate, and his readiness to enter
upon negotiations for the mutual prevention of any
such acts in future. We do not rest our anticipa-
tions in this respect on any sudden change
of mood in that wayward and heady
politician who, unluckily for the interests of his
country in this great crisis of its destiny, has
been entrusted with the portfolio of Foreign
Affairs. Had the untoward event now occupying
so much of public attention ou both sides of the
Atlantic occurred a fortnight earlier, the decision
of the American Executive might have been
rashly taken before Congress met, and Mr. Ss-
WARD'S restless vanity would, probably, have been
gratified in the composition of a smart but silly
answer to Lord Ressett's despatch of the 29th
ultimo. But the fact of Congress Wog in
union on and after to-morrow may make
all the difference in the course of affairs.

By the terms of the Federal Constitution,
sect. VIII., par. 11, " Congress has power to do-
" dare war, grant letters of marque and re-
" prisals, and make rules concerning captures
"on land and water," from time to time, as may .
be deemed fit. By other provisions of the same
fundamental Act, the President is empowered to
perform all administrative duties affecting foreign
States, " by and with the assent and authority of
" Congress," and not otherwise. In other words,
the Congress is specifically associated with the
Executive Government in all that relates to
the foreign affairs of the Republic ; and,
although during the recess the chief magistrate
can authorise ono of his ministers to
write a despatch prejudging a grave question
of external policy, and thus provoking a foreign
government to hostile acts, he does so at the
peril of repudiation by Congress. He Me
no power to declare war or to resort to any
extra measures of defense, until he shall have
convoked the Senate and House of Represents,
tires, and until they have concurred in enabling
them to do so.
Under these constitutional checks and guards,
the practice has grown up in the Senate of
appointing at the commencement of each session
a Select Committee of Foreign Affairs, to whom
in regular course all communications of importance
with foreign States are submitted fur considera-
tion. The deliberations of this committee are
secret whenever it is deemed necessary ; and it is
empowered to require from the Ministerial heads
of departments confidential information upon
every subject of inquiry, without reserve. Its
action resembles, in effect, that of our Privy
Council in past times, and still more closely that
of the Cabinet, as it is called, or Select
Committee of Privy Council, at the pre-
sent day. Its power, indeed, within the
bounds of its specific function, if nut
supreme, is, at least, infinitely higher and greater
than that of the Ministers wao preside over
the several departments of the Executive ; for
the latter are the mere nominees of the Pu-
mps:Tr, removable by him at pleasure, while
the Committee of the Senate owes no sub-
mission to any other power in the State, and
derives its authority and sanction from the fact of
its being delegated by the ablest and highest body
in the Commonwealth, to advise the nation
without fear, favour, or affection ; and
that being so constituted, its members are remov-
able by and responsible to none. The members
of the Senate are chosen by each State of the
Federation ; and the body constitutes, as it was
meant to do, the best conservative counterpoise to
the more impatient and impulsive temper of the
House of Representatives, which is directly chosen
from and by the people. The Senate may, of course,
overrule the decision of its Standing Committee on
Diplomatic Affairs, but the instances are rare in
which this power is exercised. Over the conduct of
the Executive, however, the control vested in the
Senate is exerted frequently. Mr. BUCHANAN, as
is well known, complained bitterly that his schemes
were again and again thwarted by tho inflexible
and, as we believe, by the true
sagacity of that body. It loui not indeed been
gifted, any more than the two other branches of