Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-11-02

tended BY civil and even social war was existing
in the United States when the proceedings which
have thus related took place But it does seem nee
essary 10 stats for the information of that Govern
ment that Congress Is by the Constitution invested
with no executive power responsibility whatever,
and on the contrary that the President of the Uni
ted States is by the Constitution and laws, invested
with the whoe executive power of the Govern
ment, and charged with lhe supreme direction of
all municipal ministerial civil sgeDts, ss well as
! Of the whole land and naval forces OF the Union,
and that invested with those ample powers, he is
charged by the Constitution and laws with the sb
sOlute duty of suppressing instruction as well as
of preventing and repelling invasion, and that for
these purposes he censtitutionally exercises the
right of suspendng the writ of hdbedS corpus when
ever and .wheresoever and in whatsoever extent
the public safety. ENDANGERED by treason or inva
slon IN arms, in his judgement requires.
| The proceedings of which the British Government
complain were taken upon Information conveyed
to the President by legal police authorities Of the
country, and they not instituted until after he
had suspended the great writ of freedom In just
extent that in view of the perls of the S ate he
deemed necessary, For the exercise Of that dis
erection ne, IS well as his advisers. among whom are
the secretary Of War and the Secretary Of State is
responsible by law before the highest judicial tri
bunsl of the Republic, ard amendable also to the
Judgment of his countrymeu and the enlightened
opinion of the civilized world.
a candid admission contained IN your letter re-
eves ms of any necessity for showing that the two
persons named therein were neither knowH nor sup
posed to be British subjects when the proceedings
occurred. ard 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 same manBer, and with no greater
or less ri9or than Al PeaH citizens.
The military prison which was used for the tenn
porary detention of the suspected parties is fort
constructed and garrsoned for the public defence
The military officer charged with their custody has
declined to pay obedience 20 the writ Of hGbeds cor
rnts hut the refusal was made in obedience to an
express direction of the President in the exercise
of his functions as COMMANDMENTS Chief of al the
land and naval forces Of the United States Although
it is not very important it certainly is not entirely
irrelevant to add that so far as am informed, no
writ of hGbeds corpus was attempted to be served.
or was even sued out or applied for in behalf of
either of the persons named; al hcu2h in case not
dissimilar the writ of habeGs corpus was issued out
in favor of another Briii-h subject. and was disco
beyed by direction of the President
The SBritish Government have cgudidly conceded
in the remonstrance before me, that even in this
country SO remarkable fer So long an enjoyment
by its people of the highest nmuaisies of personal
freedom, war, and especially civil war, cannot be
eonduc ed 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 humani
ty, therefore, equally require that violence con
cocted in secret shall be prevented, if practicable
| by unuslal and yigo Gus preesution an fully
aware of the inconveniences which result from the
practice of such precsution embarrassing c0mmu-
mites in social life and affecting, perhaps trade and
| intercourse with foreign nations
But the American people, after having tried in
every way avert civil war, have accepted it al
last as stern necessity. he chief interest while
il lasts, is not the eTjoyments of society, or the
profits of trade, but the saving of national lite.
hat life saved all the other blessings which attend
it will speedily return with greater insurance OF
continuance than ever before. The safety of the
whole peop has become, il the present emergency
| the supreme law and so long as the danger shall
exist all classes of society qua y the denzen and
| the citizen, cheerfuly acquiesce in the measures
which that law Prescribes.
| This Government does rot question the learning OF
the legal advisers of I British Crown or justice
of the Difference which her Majesty pays to them
Nevertheless the British Government will hardly
expect that the President will except their explsna
tons of the Constitution of the United States espe
! cialIy when the Constitution, thus expouuded
| would leave upon him the sole executive respOnsI
| bility of suppressiDg the existing instruction
while it would transfer TO Congress the most mate
rial and Indispensable Powerto be employed fol-
| that purpose. Moreover, these explanations fnS
no real support in the letter much less in the spIr
/ of the Constitution itself. he must be allowed
therefore, TO prefer and be governed by the view o
| eur organic national law which while it will eng
| bic him to execute his great trust with complete
success receives the sanction OF the highest author
tiles of our own country, and is sustained by thu
general consent of the people, for whom alone tha
| Constitution was established
avail myself of the opportunity to offer TO you
lordship renewed assurance Of my very high con
sideratiOn. WILLIAM II. SEWARD.
The Right Hon Lord l. ors, g..