The national Republican., 1861-10-19

information Of that Government, that Congress
is by the Constitution invested with no exeou.
the contrary, that the Pre- sident q the United
States ID, by the Constitution and laws, invest.
cd with the whole executive power of the Gov.
eminent, n s IT and charged with the supreme direc-
ton OF all municipal or ministerial civil agents,
| as well as OF the whole land and naval forces
OF the Union, and that, invested with those
ample powers, he is charged by the Constitu.
tion and laws with the absolute duty of sup.
pressing insurrection as well az of preventing
| and repelling invasion and that for these pur.
poses he constitutionally exercises the right Of
and wheresoover, and in whatsoever extent the
public safety, endangered by treason or inva.
vason in arms, in hisiudgment requires. 49,,
The proceedings of which the British Gov. .
ton conveyed to the President by legal police
| authorities Of the country, and thcy 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 rs his advisers, among whom are
the Secretary Of War and the Secretary Of
State, Is Responsible, by law, before the highest
| BILE, also, to- the judgment of his countrymen
and the enlightened opinion of the civilized
world. . Hrg .. .
A candid admission, contained In your letter,
relieves me Of any necessity for showing that
| the two persons named therein were neither
| known nor supposed to be British subjects
when the proceedings occurred, and that, in
In the United States, and under their protec.
ton, are treated, during the present troubles,
in the same manner, and with no greater or less
rigor than American citizens. m
The military prison which was used for the
temporary detention of the suspected parties
ia fort constructed and garrisoned for the
public defence. The military officer charged
with their custody has declined to pay obedi-
ence to the writ of hdbeds corpus, but the re-
fusal was made in obedience to an express
direction of the President, in the exercise Of
his functions rs COMMANDMENT Chief Of all the
land and naval forces Of the United States
Although 1t is not very important, 1t certainly
is not entirely irrelevant to add, that, so far as
I am informed, no writ of hdbeds corpus was
attempted to be served, or was even sued out
named; although in case not dissimilar the
I writ of habeds corpus was issued out in favor
, of another British subject, and was disobeyed
by direction of the President. o.
The British Government have candidly con-
ceded, in the remonstrance before me, that
even in this country, so remarkable for so long
an enjoyment by its people of the highest immu.
mites Of personal freedom, war, and especially
civil war, cannot be conducted exclusively in
Q the forms and with the dilatory remedies pro-
vided by municipal laws which are adeq uate
to the preservation of public order in II time of
o peace. Treason always operates, If possible,
, by surprise and prudence and humanity there
d fore equally require that violence concOcted in
n secret shall be prevented, II practicable, by un.
"a usual ana vigorous pT6CdutOU. Htn lully
j. aware OF the irconvenienoes which result from
8 the practice of such preCaution. embarrassing
communities in sOciallif and affecting perhaps
q trade and intercourse with foreign nations.
}. But the American people, after having tried in
|. every way to avert civil war; have accepted 1t
d at last as Il stern necessity. The chiet inter-
}. est white it lasts, is not the erjoyhents Of
society, or the profits of trade, but the saving
/. of the national life. That life saved, all the
o other blessings which attend 1t will speedily
d return, with greater assurance of continuance
}, | than ever before. The safety of the whole
l. the supreme law, and so long as the danger
y shall exist, all classes of society equally, the
If donZen and the citizen, cheerfully acquiesCe in
u the measures which that law prescribes.
Il This Government does not question the learn
r ing of the legal advisers Of the British Crown,
>, or the justice of the Difference which her Ma.
o jesty pays to them. Nevertheless, the British
it Government will hardly expect that the PreSi-
|, dent will accept their explanations Of the Con-
9 stitution of the United States, especially when
Is the Constitution, thus expounded would leave
d upon him the sole executive responsibility OF
u suppressing the existing nsurrectioD, while it
would transfer to Congress the most material
g and indispensable power to be employed for
# that purpose. Moreover, these explanations
@ find no real support in the letter, much less in
}. be allowed, the erefore, to prefer and be govern.
d ed by the view of our organic national law,
1t which, while 1t will enable him Y execute his
great trust v ith complete success, receives the
)fI sanction of the highest authorities of our own
IS country, and is sustained by the general con-
10 sent OF the people, for whom alone that Consti-
Is ton was established.
ID I avail myself Of this opportunity to offer to
% your lordship renewed assurance Of my very
D. high consideration.
n WILLIAM H. SEWARD.
ID The Right Hon. Lord LYONS, &c.