The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-20

| bV civ
ana even social war; existing In the United States
when the proceedings which have thus related took
place. But does seem necessary state for the in.
formation OF that government that Congress- ia by tho
constitution invested with no executive power or respon
sioty Whatever, and, the contrary, that tho Presi
dent OF the United States s by the constitution and laws
invested win the whole executive power Of the govern
men', ana charged with the supreme direction of all
municipal or ministerial civil agents, well Of the
whole land and naval forces Of the Union that in
vested with those ample powers he is charged by the
constitution and laws with tho absolute duty suppres1
'ng hsurrecton, as well as preventing and repelng in
ana that for these purposes he constitutionay
exercises tho right of suspondng the writ Of haboas
corpus whenever and wheresoever and in whatsoever ex
tent the pubic safety endangered by treason or invasion
IN arms, IN his Judgment requires
The proceedings OF which the British government com
pam were taken upon information conveyed to the Pros
oent by legal police authorities of the country and they
were not instituted until after he had suspended the great
VIII ireeeom IN Just the extent that, in view Of the
pefs OF tho state he deemed necessary For the excr
else of that discretion he well as His advisers among
whom are the Secretary of War aud the Secretary OF
state, is responsible by law before tho highest udcia
tribunal OF the republic and amenablc also to tho udg
men OF his countrymen and the enlightened opinion Of
| the civilized world.
candid admission contained your letter relieves ma
Of any necessity for showing that the two pcrso named
therein were neither known supposed 10 be British
subjects when the proceedings occurred and that every
case subjects OF her Majesty residing the United staes
and under their projections treated during the present
troubles in tho and with greater or less
rigor than American citizens.
The military prison which used for the temporary
detention Of the suspected parties fort constructed
and earrsoned for the public defence. The military ON
Ger charged with their custody has declined pay
dencc to the writ OF habeas corpus but the refusal was
made in obedience to express direction Of tho Prcsi
dent, in tie exercise of his functions commandments
chief Of all the land and naval forces of the United States
Although it is not very important, it certainly
tirey irrelevant to add that, far informed,
writ Of habcas corpus attempted to be served was
even sued out or applied for, in behalf Of either =
the persons named although in not dssimnGr
the writ of habcas corpus issued out in favor Of
another British subject and dsobeyed by direction
of the President
The British government have candidy conceded, in tho
remonstrance before me- that in this country
markable for SO og enjoyment by its people of the
highest mmunites Of personal freedom, war; and espe-
cialy civil war be conducted exclusively the
forms and tn the diatory remedies provided by NUM-
cpa laws which adequate the preservation pub
lie order in time of peace Treason always operates
possible by SURPRISE and prudence and humanity there
fore equally require that violence concocted In secret
shall be prevented practicable by unusual and vigorous
precaution. | am fully aware Of the inconveniences
| which result from tho practice Of such precau-
tion, embarrassing communities In social life, and
affecting perhaps trade and intercourse with foreign
| nations. Em the american people, after hauing trie1
| In aey oay 10 auet ctri, pdr hare accepted IL at
last stern necessity. Tho chief interest, while t
lasts is not the enoyments Of society," tho profits Of
trade, Lt The sacing Of the national life That life saved,
all tho other blessings which attend it will speedily return,
with greater assurance of continuance than before.
The sGfcycf the uhote people has become, in the present
emergency TIE supreme tdo, and so long the danger
shdu er all classes Of society equally the deaaen and Ia
citizen, checrfty Gcquiesce in the measures Aich thai
ldw presces. This government does not question the
learning OF the legal advisers Of tho British the
justice OF the Difference which her Majesty pays Ia
them Nevertheless, The British government ,oiH hardlr
csrect that the President riH accept their erpla,
nations Of The coastttuticn Of the United States,
| especially tohen the Constitution, thus erpouYded.
uould iecw upon him the sole e1ec,airs respos.
sitity Of srpressing The ersng surrection, ,chile 4
aoould transfer 10 Congress e most material and ndisp4
saLk power to be eI oycd for that purpose Moreover,
these explanations find real support the letter much
less In the spirit, of the constitution itself. He must bs
allowed therefore, To prefer and be governed by the view
OF organic national law which, while 1t will enabchm
to execute his great trust with complete success receves
the sanction Of the highest authorities of own country,
and sustained by the general consent Of the people
| whom alone that constitution established
avail myself of this opportunity offer to your lord.
ship renewed assurance Of my very high considerations
| WILLIAM II. SEWARD.
The RIGHT Hon. LORD LYONS, &c.