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

THE SITUATION.
Avery important correspondence relative to the
arrest-under the suspension Of the habeas cor
pus-of British subjects, has just taken place be-
tween Lord Lyons and Mr.. Seward in reference to
the case Of q Mr.. Patrick, of New York, and Mr.
Rahming, who had arrived here from Nassau
Both these parties were sent to Fort Lafayette
but the former was subsequently released. The
correspondence, which we publish in full to-day,
details the history Of these cases. 50 that it is un
necessary for us to repeat it here. Lord LYONS
takes the ground that the constitution OF the
United States does not sanction what he
calls the arbitrary arrest of British subjects
except authorized by act of Congress.
and he demonstrates in the name of his
government against the irregular proceedings"
adopted In these cases, under advice from the
legal advisers of her Britannia Majesty. Mr..
Seward replies that the proceedings of which
the British government complain with regard to
these gentlemen were taken upon information
conveyed to the President by the legal police
authorities Of the country, and they were not
Instituted until after he had suspended the
habeas corpus writ, in just the same extent
that, in view Of the perils of the State, he
deemed necessary. For the exercise of that dis
erection he, as well as his chief advisers, ia re.
sponsible by law before the highest judicial
tribunal Of the republic, and amenable also to
the judgment of his countrymen and the enlight-
sned portion Of the civilized world
Mr.. Seward further reminds Lord Lyons that
although the United States 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 the
President will accept their explanations Of the cen
stitution Of the United States especially when the
constitution thus expounded would leave upon him
the sole executive responsibility of suppressing
the existing instruction while it would transfer to
Congress the most material and indispen-
sable power to be employed for that
purpose. And furthermore, that the Presi.
dent must be allowed to prefer to be
governed by the organic national law, which, while
II will enable him to exercise his great trust with
complete success, receives the sanction of the
highest authorities of our own country and is sus
tanned BY the general consent Of the people, for
whom alone that constitution was established.
Mr.. Seward states that at the time of the arrest
Of Messrs Patrick and Raining, it was not known
that they were British subjects but he infers that
the knowledge Of that fact would have made no
difference in the matter, when he says that "the
safety Of the whole people has become in the pre-
sent emergency, the supreme law, and so long as
the danger shall exist to all classes of society
equally the denizen and the citizen must cheerfuRy
aoquiesce in the measures aclich that law pre-
suibes."
General Heintzelman made reconnaissance in
considerable force yesterday, along the telegraph
road as far as Pohck church and Acotink creek,
when some of the rebel pickets were met and
driven back 1t was ascertaned that the rebel
forces are posted between the telegraph road and
Occoquan. The blockade of the Potomac continues
to be forced by the vessels running up with 60.
vernment stores, although the rebel batteries keep
up constant fire on them. On Friday night,
during the fog two tugboats, the Rescue and Reso-
ute, having some schooners in tow, were sub
jected to heavy fire, but escaped. One of the
schooners, however, got detached by striking
against chain stretched across the river and drift
ed to the rebel side Of the river, where she was
abandoned by her crew, and doubtless fell into thu
hands Of the enemy. We give full particulars Of
the action from our correspondent in another
column.
It Is stated in the Richmond Enquirer of the 18th
'-st. that Nessrs. Sidell and Mason did not leave
a the Nashville, and that that steamer
y suA ~ ~ -" Charleston. This statement
Concerning the reported nass>
Ky of the