The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1861-10-28

took place. - But it does seem necesga-
~ to state, for the information OF that Gov
eminent, that Congress is by the Constitu-
ton invested with no executive power or res
possibility whatever, and, on the contrary,
! that the President of the United States is
by the Constitution and laws, invested with
the whole executive power of the Govern
ment, and charged with the supreme direc-
ton of all municipal or ministerial civil
agents, as well as of the whole and naval
forces of the Union, and that, invested with
those ample powers, he is charged by the
Constitution and laws with the absolute
duty OF suppressing Instruction as well as
OF preventing and repelling invasion and
tat for these purposes he constitutionally ex-
ercises the right of suspending the writ of
habeas corpus, whenever and wheresoever
and IN whatever extent the public safety,
endangered by treason or in Vasion in arms,
IN his judgement requires.
The proceedings of which the British
Government complain were taken upon iu-
formation conveyed to the President by
legal police authorities of the country, and
they 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 exer-
else Of that discretion he as well as his adj
vlsers, among whom are the Secretary of
War and the Secretary of State, is respon-
sible by law before the highest judicial trib-
unal of the Republic, and amenable also to
the Judgment of his countrymen and the
enlightened opinion of the civilized world
A candid admission contained in your
letter relieves me of any necessity for
showing that the two persons named there
in were neither known nor supposed to be
British subjects when the proceedings oc-
CURED, and that in every case subjects of
her Majesty residing in the United States,
and under their protection, are treated du-
ring the present troubles in the same man
ner and with no greater or less rigor than
American citizens.
The military prison which was used tor
the temporary detention of the suspected
parties Is fort constructed and garrisoned
for the public defence. The military Off
Ger charged with their custody has declin-
cd to pay obedience to the writ of habeas
corpus, but the refusal was made in obe-
dience to an express direction of the Pres
ident, in the exercise of bis functions as
Commander-in-Chief of all the land aud
naval forces of the United States. AL
though it is not very important, it certain
~ ls not entirely irrelevant to add, that, so
far as | am informed, no writ Of habeas
corpus was attempted to be served, or was
even sued out or applied for in behalf of
either of the persons named; although in
case not dissimlar the writ of habeas cor
pus was issued out in favor Of another
British subject, and was disobeyed by di-
reetion of the President.
The British Government has caudidy
conceded, in the remonstrance before, that
even in this country, so remarkable for go
long an enjoyment by its people of the high
est immunities of personal freedom, war,
and especially civil war, cannot be conduct-
ed exclusively 10 the forms and with tie
dilatory remedies provided by municipal
laws which are adequate to the preservation
OF public order in a time of peace. Treason
always operates, if possible, by surprise,
and prudence and humanity therefore equal
~ require that violence zconcocsed in secret
shall be prevented if practicable by unusual
and vigorous precaution. | aui fully aware
of the inconveniences which result from the
practice of such precaution embarrassing
communities in social life, and affecting,
perhaps trade aud Intercourse with foreign
nations. But the American people, after
having tried in every way to avert civil |
war, have ACCEPTED it at last as a stern ne
cessity. The chef interest while it lasts, is |
not the enjoyr mt of society, or the profits
of trade, but q saving of the national life. |
That life saved, all other blessings which |
attend 1t will speedily return, with greater /
assurance of continuance than ever before. /
The safety Of the whole people has become, /
in the present emergency, the supreme law,
and so long as the danger shall exist all
classes Of society equally, the denizen and
the citizen, cheerfuliy acquiesce in the mea-
sures which that law prescribes
This Government does not question the
learning of the legal advisers of the British
Crown or the justice of the Difference which
her Majesty pays to them. Nevertheless the
British Government will hardly expect that
he President will except their explanations
Of the Constitution of the United States,
specially when the Constitution, thus ex-
pounded, would leave upon him the sole ex-
9cutive responsibility of suppressing the ex-
sting Instruction, while it would transfer
o Congress the most material and indis-
)eusable power to be employed for that
purpose. Moreover, these explanations find
10 real support in the letter, much less in
he spirit Of the Constitution itself. He
must be allowed, therefore, to prefer and be
governed by the view of our organic ma
ional law, which, while it will enable him
o execute his great trust with complete
uccess, receives the sanction of the highest
of our own country, and is sus-
aimed by the general consent of the peo-
lie, for whom alone that Constitution was
established.
avail myself of this oppor tunity to of
er TO your l0rdship a renewed assurance of
ny very high consideration.
WILLIAM H. SEWARD.
The Right Hon. Lord LYONS. &c.
.