The Express.
London, England, 1861-11-05 00:00:00

TO OUR READER&

SPORTING INTILLIGIINCR.

A late edition of the Express is published *very
evening during the racing sessou, containing the
results of the day's races.

THE correspondence between Lord LYoNa and
31r. New %M., respecting the arrest of two British
subjects—Mr. PATRII'K and Mr. RAHMlNO—
deserves a careful perusal. The position which
the Federal Government occupies is so novel, and
the cireumatances of that position are so irri-
tating, that, it must be admitted, they are rather
disposed to adopt a somewhat bitter tone in their
official correspondence. On the other hand, it is
only fair to observe that very many of our own
subjects trading with America are closely connected
with the Confederates in the South, and feel
considerable impatience under the loss and in-
convenience which the civil war has brought upon
them. It is, therefore, by no means likely
that their remonstrances to the British Minister
should be wanting in vigour. Some asperity and
hasty judgments are pardonable between those im-
mediately concerned in a discussion, but it is
surely not too much to expect that public writers
in this country should carefully inform themselves
of the law and the facts before condemning either
the tone or the substance of the American stale
papers. It is to be regretted, therefore, that at
least one of our weekly contemporaries, who
makes some claim to infallibility, should have dis-
played a want of temper and of legal knowledge
on the subject-matter of the correspondence in
question.

It is admitted by Mr. SWARD that both Mr.
PATRICK and Mr. Ranmuta were arrested and trans-
ferred to a military prison, and that in the
present crisis the military authorities refuse to
pay any attention to the writ of habeas corpus.
Under ordinary circumstances, of course, the lega-
lity of the imprisonment might have been dis-
cussed on the return made to the writ in question.
Both gentlemen have been released, but it seems
that the English law officers upon being con-
sulted declared the arrests to be illegal ; and the
British Government therefore directed Lord Lyons
to remonstrate against irregular proceedings, and
. .

"to say that, in their opiluon, °the authority of
"Congress is necessary in order to justify the arhi-
" trary arrest and imprisonment of British sub-
" jecta."

To this remonstrance Mr. BZWARD replies by
stating that Mr. PATRICK was a member of
a firm in which one of the partners
was disloyal, and that treasonable correspon-
dence pared through the mercantile hones
in question. Upon this Mr. PATRICK was arrested ;
but as soon as it was ascertained that he was per•
eonally loyal he was released. As to Mr. Raining,
the Government at Washington was informed that
whilst at Nommen he had attempted to induce the
owners of a vessel there to take cannon to the
coast of South Carolina, in order to aid the rebels.
Mr. Kamm() was therefore arrested ; but in
about a fortnight he also was released, upon giving
a bond that he would bear true allegiance to the
United States, and do no hostile act whilst nadir
their protection.

No despatch in reply to this representation of
Mr. SEW A 1$ has been published. Auuraing,
therefore, for the present, that Mr. Szw•au has
correctly stated the facts, it is clear that in both
cues grave suspicions naturally attached both to
Mr. PATRICK and to Mr. RA /MIND, and if the
writ of habeas corpus was legally suspended it is
act to be doubted that the Secretary of State
exercised a proper discretion by directing this
arrest. But it is said that, according to the opinion
of the English law officers, the PREAIDENT has DO
right to suspend the writ of habeas corpus, and
therefore the arrests were not justifiable. On the
other hand, the American Secretary of State
declares that "the PaZaIDILDT of the United States
"is by the Constitution and laws invested with
" the whole executive power of the government,
" and charged with the supreme direction of all
" municipal or ministerial civil agents, as
" well as of the whole land and civil
" forces of the Union ; and that, in-
" vested with their ample powers, he is charged
" by the Constitution and the laws with the &boo-
" lute duty of suppressing insurrection, as well as
" preventing and repelling invasion ; and that for
" these purposes be constitutionally exercises the
" right of suspending the writ of habeas corpus
" whenever and wheresoever and in whatever
" extent the public safety, endangered by treason
" or invasion in arms, in his judgment requires."
Such, according to Mr. 81rIt•HD--11111d, as he asys,
the highest authorities in America—is the extent
of power vested in the Parolees; and that
opinion the American Clovernment is prepared to
act upon ; nor is it surprising that the PIiIIIDIXT
and his Cabinet should decline to accept any
English explanation of the American Constitution,
especially when such explanation would deprive
him of one of the most powerful means of sup-
pressing the insurrection.

But even if the interpretation thus put by Mr.
Bswaan upon the American Constitution were
clearly wrong—which is far from being the case—
it is e.alent that, before the British Government
can 1%3 called upon to interfere, persons in the
position of Mr. l'arairs and Mr. RAHXLNU ought