New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-21

responsible by law before the highest judicial trbu-
nal of the Republic and amenabe also 70 the indg-
ment of his eountrymeD ana the enlightened opinion
Of the civilized world.
candid admission contained in your letter re-
eves me of any necessity for showing that the two
persons named therein were neither known nor sup
posed to be BTiiish subjects when the proceedings
occurred and that in every case subjects of her
Majesty residing in the United States, and under
their protection, are treated during the present
troubles in the manner aud with no greater or
less rigor than American citizens.
The military prison which was used for the tenn
porary detention Of the suspected parties ia fort
constructed and garrisoned for the public defense.
The military officer charged with their custody has
declined 10 pay Obedience 10 the writ Of habeas cor
pus, but the refusal was made in obedience 10 an
express direction of the President in the exercise Of
his functions 90 COmmander-in Chief Of all the ano
and naval forces OF the United States Although 1t
Is not very important it certainly is not entirely IT.
relevant to add that, so far as l an informed, no
wit of habeas corpus was attempted TO be served,
or was even sued out applied for in behalf OF
either OF the persons named; although in case not
dssimilar the writ of habeas corpus was Issued out
in favor of another British subject, and was dis
Obeyed by direction Of the Precedent.
The British Government have eandidly conceded,
in the remOnstrances before me, that even in this
country, 20 remarkable for long an enjoyment by
its people Of the highest mnnics Of personal free
dom, war, and especially civil war cannot be con-
Quoted 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 coneOcted in secret
shall be prevented, if practicable, by unusual and
vigorous pTecauiiOn. | am fully aware OF the lneOn-
veniences which result from the practice OF such
precauion, embarrassing communities in social life,
and affecting perhaps, trade and intercourse WIN
foreign nations. But the American people, after
having tried in every way 70 avert civil war, have
accepted il at lsst tvs a stern necessity The chief
interest while IL lasts, ia not the enioymebts Of
society or the profits of trade bus the saving OF the
national lie. That lie saved, all the other
blessings which attend il vii! speedily return with
greater assurance Of continuance than ever before.
The safety Of the whole people has become, in
toe present emergency, the supreme law; and 80
long as the danger shall exist al classes Of society
equally the denzen and the citizen chez fully aequi
esce in The measures which that law prescdbes.
This Government does not Question the learning Of
the legal advisers Of the Br'ish Crown, or the jus
tice of the Difference which her Majesty pays 10
them. Nevertheless the British Government VIII
hardly expect that the President Will accept their
explanations Of the Constitution of the United States
especially when the Constitution thui expoundedI
would leave upon him the cole executive response
bility Of supprcssing the existing insurrection,
while il wond transferto Congress che most material
and indispensable power 10 be employed for that pur
pose Moreover, these explanations find no real sup
port in the letter. much less in the spirit Of the Com
stitution itself. He must he allowed, therefore, to
prefer TO be governed by the view If our organic
national law which while il viii enable him to ex-
ecute his great trust with complete success receives
tie sanction Of the highest authorities Of our own
country and is sustained by the general consent Of the
people for whom alone that Constitution esab-
lished
avail myself Of this opportunity to offer to your
lordship a renewed assurance Of my very high con-
VIZ. III. SEWARD,
The Right Hon. Lord LIoSs te