The Express.
London, England, 1861-11-04 00:00:00

LORD LYONS' LETTER TO MR. SEWARD.

Washington, Oct. 14.
Sir,— Her Majesty's government were ranch concerned to
find that two British subjects, Mr. Patrick and Mr.
Rahming, b►d been subjected to arbitrary arrest, and,
although they had learnt from a telegraphic de-
spatch from me that Mr. Patrick had been released,
they could not but regard the matter as one requiring their
very serious consideration. Her Majesty's government

perceive that when British subjects, as well u American
citizens, sre arrested, they are immediately transferred to
&military prison, and that the military authorities refuse to
pay obedience to a writ of habeas corpus.
Her Majesty's government conceive that this practice is
directly opposed to the maxim of the constitution of the
' United States, that no person shall be deprived of life,
liberty, or property, without due process of law.
Her Majesty's government are willing, however, to
make every allowance for the hard necessities of
a time of internal trouble, and they would not
have been surprised if the ordinary securities of per-
sonal liberty had been temporarily suspended, nor would
they have complained it British subjects falling under sus-
picion had suffered from the consequences of that sus-
picion.
But it does not appear that Congress has sanctioned in
this respect any departure from the due course of law ; and
it is in these circumstances that the law officers of the
crown have advised her Majesty's government that the ar-
bitrary arrests of British subjects are illegal.
So far ss appears to her Majesty's government
the Secretary of State of the United States exercises,
upon the reports of spies and informers, the power
of depriving British subjects of their liberty, of retaining
them in prism, of liberating them by his own will and plea-
sure. Her Majesty's government cannot but regard this
despotic and arbitrary power as ioconsiatmt with the wadi.
tufa= el the United States, as at vari►nce with the treaties
of amity subsisting between the two nations, and as tending
to prevent the resort of British subjects to the United
States for purposes of trade and industry.

Her Majesty's government have therefore felt hound to
instruct me to remonstrate against irregular proceedings,
sod to say that in their opinion the authority of Congress
is necessary in order to justify the arbitrary arrest and im-
prisonment of British subjects.
I have the honour to be. sir, with the highest considers.
Lion, your most obedient bumble servant,
The Hon. Wm. Seward, /sc. LYON&
MR. SEWARD'S REPLY.

Department of State, Washington, Oct. 14.

My Lord, —I him" the honour to acknowled7e your lord-
ship's note of the present date. Is that paper you inform
me that two British subjects, Mr. Patrick and Mr. Rahming,
have been brought under arbitrary arrest, and that
althoegii her Majesty's ministers have been advised by
you of the rehire of Mr. Patrick, yet they cannot but re-
gard the saager as requiring the very serious consideration
of the government. You further inform me that her
Majenty'sgoverameet perceive that when British subjects, aa
well se American Utilises, are arrested, they are transferred
to a military prison, sad that the military authorities
ream to pay obedisese to • writ of habeas corpus.
Yea rid that her Majesty's government conceive that this
meth* is directly opposed to the mssim of the constitution
el the United States. that no person shall be deprivcd of
Iffe. liberty, or property without due promos of law. You
then observe that her Majesty's goverment are oeverther
Les willing to mike every •llowasa for the hard neces-
sities of • time al interns! trouble, and they
would not have bete surprised it the ordinary securities of
psencreal liberty bed been temporarily suspended, nor would
they have complained if British subjects falling under
simplaina had suffered from the consequences of that
sespieion. But that it does sot appear that Congress
has sanctioned in this respect any departure from the dui
course of law, and it is in thine circumstances that the
law Akers of the crown have &deists' I her Majesty's go-
vernment that the arrests of British subjects are
You murk, farther, that so farasappeare to berMajsety's
government, the Secretary el/ State for the United Skim
examinee upon the reports of spies, and ammo' the power
of depriving British subjects of their liberty, or liberating
them by his own will and pleasure ; and you inform
me that her Majesty's gores ament !cannot but re-
gard this despotic and arbitrary power is Mem-
sistent with the constitution of the United States,
as at variance with the treatise of amity subsisting between
the two natines, and as tending to prevent the resort of
British 'abject& to the United States for purpose of trade
end industry. You conclude by informing me that upon
these grounds her Majesty's government have felt bound to
leanest you to remonstrate against such irregular proceed.
imp, and to say that in their opinion the authority of Con-
gress is necessary in order to justify the arbitrary arras* sod
imprisonment of British subjects.
The facts in regard to the two persons named in your note
are as follows :

Comumnications from the regular police of the country
to the executive at Washington showed that dis-
loyal persons in the State of Alabama were con-
ducting treasonable correspondent). with Confederates.
British subjects and American citizens in Europe
aimed at the overthrow ofthe Fcderel Mars by smand
foram actually in the field, and besieging the capital of the
United Staten. A portion of the correspondents, which was
intercepted, was addressed to the firm of Smith and Patrick,
brokers, long established, and doing business h the city
of New York. It appeared that this firm had •
branch at Mobile ; that the partner Smith is •
disloyal citizen of the Volta States, and that he was in
Europe whim the tremostble pawn wen soot from
Mobile, addressed through the hone of Smith and Patrick
in New York. Os receiving this information, William
Patrick wee arreetzd, sad committed into military
custody at Fort Lafayette, by an order of the
Sonstary of War of the Unita States, addressed to the
polies of the city of New York. These proceedings took
place on the 28th of August last.

Reproantaticeis warsiharsapoa wade to the Secretary
of State by fries& of Mr. Patrick, to the effect that, not-
withsamolins his awoolatkes, his was psnonally loyal to the
govaramsah, sad that he was ipsorsat of the treasonable
Ware of the oonawssisass widish was being carried ors
through the warasaifa hears of which be was • nwso•
bor. Direetkes wars thswewpsa given by the Secretary of
State to a proger spat to Inquire into the correctness
of the facts thus laasseasd, sad this hooky resulted in the
. .

establishment of their teeth. Mr. William Patrick was
thereupon promptly railroad from custody by direction of
the Secretary of State. This Mere occurred on the Lith
day of September last.
On the 2nd day of Sept. the superintendent of police in
the city of New York inforor.l the Secretary of State by
telegraph thighs had ender arrest J. C. &diming, whohad
just arrived trees Neaten, where he bed attempted lie
duce the owners of the schooner Arctic to take
mama to Wilmington, I. North O•roliea, for the
ow of t►e rebels, and inquired what he should
do with the prisoDer. J. C. fishming was thereupon
committed into military custody ►t Fort Lafayette under
a mandate from the Secretary of State. This commit.
meet wry made on the 2nd day of September. Oa the 17th
day of that month this prisoner, after due himeiry, wee
released from costody on hie execating a bond ia the
penalty of 2,500 dole. with the condition that he Amyl
thereafter bear true ►Uexiaace to the United Staten end
do ao act hostile or injurious to them while remaining under
their protectioo.

I have to regret that after so keg se official intercourse
between the governments of the United States and Greet
Britain, it should be Deceseary now to inform her as-
jesty's ministers that all executive proceedings, whether of
the Secretary of War or of the Secretary of State, are, us-
dirivowed or revoked by the President, procsedialp
the Presklest of the United States.

Oertainly it is sot Decomar y 0 announce to the British
government now that an insurrection, attended by civil and
even social war, wu existing in the United States
when the proceedings which I have thus related took
place. But it 1101 IS sum necessary to stets, for the
Information of that government, that Outran is
by the constitution invested with no exeentive power or re-
sponsibility whatever ; sal, on the 000trazy, that the Pre-
sident of the United States is by the constitution end law,
invaded, with the whole executive power of the govern.
cunt, sad charged with the supreme direction of

an municipal or ministerial civil agents, as well as
el the whole land and civil forams of the Union ; and
that, invested with those ample powers, he is charged
by the constitution and the laws with the absolute duty
of suppressing insurrection, as well as preventing and
repelling invasion ; and that for these purposes he con-
stitutionally exercises the right of suepending the writ of
habeas corpus whenever and wheresoever and in whatso-
ever extent the public safety, endangered by tree/ion or
invasion in arm% in his judgment requires.
The proceedings of which the British government com-
plain were taken upon information 'conveyed to the Presi.
dent by the legal polio@ authorities of the country ; and
they were not instituted until after he had suspended
the great writ of freedom in just the extent that, in
view of the perils of the State, he deemed necessary.

For the exercise of that discretion he, as well u his
advisers, among, whom areithe Secretary of War and the
Secretary of State, is responsible by the law before the
highest judicial tribunal of the Republic, and amenable
also to the judgment of his countrymen, and the enlight-
ened opinion of the civilised world.

A candid admission in your letter relieves me of any ne-
comity for showing that the two persons named therein
were neither known nor supposed to be British subjects
when the proceedings occurred, and that in every case sub.
jects of her Majesty residing in the United States, and
under their protection, are treated during the present
troubles in the same manner, and with no gre►ter or lees
rigour than American citizens.
The military prison which wan used for the temporary
detention of the suspected parties is a fort constructed and
garrisoned for the public defence. The military officer
charged with their custody has declined to pey obedience to
the writ of habeas corpus, but the refusal was made in
obedience to an expreas direction of the President in the
exercise of his functions as commander-in-chief of all the
land and naval forces of the United States.

Although it in not very important, it is not entirely irre-
levant to add that, so far as I am informed, no writ of
habeas corpus was attempted to be served or wee even
issued out or applied for in behalf of either of the pence/
named, although in a cede not dissimilar the writ of habeas
corpus wee baud out in favour of another British subject,
and was disobeyed by direction of the President.
The British government have candidly conceded in the re-
monstrance before ins that even in this country, so remarkable
for so long an enjoyment by its people of the highest Paton.
ties of personal freedom, war, and especially civil war, can.
not be conducted exclusively in the forms and with the dilatory
remedies provided by municipal laws which are adequate to the
preservation of public order in time of peace. Treason
always operates if .possible by surprise, and prudence and
humanity therefore equally require that violence concocted
in .secret shall be prevented if practicable by un-
usual and vigorous precaution. I am fully aware
of the inconveniences which remit from the practice of such
precaution, embarrassing communities in social life, and
affecting perhaps trade and intercourse with foreign nations.
But the American people, after having in every way tried to
avert civil war, have accepted it at last as a stern neces-
sity. The chief object while it lasts is not enjoyments of
society or the prate of trade, but the saving of the mi-
aow.' life. That life saved, all the other blessings which
attend CU speedily return with the greater assurance of
continuance than ever before.

The eddy of the whole people hat become in the present
emergency the supreme law, and so long as the danger shall
exist, all classes of society equally, the denizen and the
citizen, mud cheerfully acquiesce in the measures which
that law pmcrabea.

This government does not question the learning of the
lepl advisers of the British crown, or the justice of
the deference which her Majesty pays them. Neverthe.
lees, the British government will hardly expect that the
President will accept their explanation of the constitution
of the United Suttee, especially when the constitution
thus expounded would leave upon him the sole execu.
tire responsibility of suppressing the existing insurrection,
while it would transfer to Congress the most
material and indispensable power to be employed for that
purpose. Moreover, these explanations find no real
support in the letter, much less in the spirit, of the con-
stitution itself. He must be allowed, therefore, to prefer
to be governed by the view ;of our organic national law
which, while it will enable him to exercise his great
treat with complete success, receives the sanction of the
highest authorities of our own country, and is sustained by
the general consent of the people for whom alone that
coestitution was established.

I muff myself of this opportusity to offer to your lord.
ship s mowed assursucs of my vary high oousiden.tiou.

(Sigood) W. IL &want.
The Right Hon. Lord Lyons, Ice.
LIVERPOOL, MONDAY.
The Royal Mail steamship Asia, Captain Lott,
which sailed from Now York ou the 23rd ultimo,
arrived in the Mersey at 11 o'clock last night.

A telegraphic summary received via Queenstown
Las already appeared.

AIISTRI A.

The Emperor of Austria received the Prinoe
Primate of Hungary in an interview on Thursday
last. His Eminence had an interview the evening
before with the Chancellor of Hungary, and way
expected to leave for Gran on Saturday.
The French Ambassador, the Duke de Gram_
mont, had an interview of two hours' duration with
the Austrian Minister for Foreign Affairs on
Thursday last.

Several ladies of the aristocracy propose passing
the winter at Venice with the Empress.

ITALY.