Delaware State journal and statesman., 1861-10-25

This release occurred on the thirteenth day of
September last.
On the second day of September the Superin-'
tendent of Police in the city of New York
informed the Secretary Of State, by telegraph,
that he had under arrest j. G. Rahming who
had Just arrived from Nassau, where he had
at emfted to induce the owners of the schooner
"Ai clio 10 take cannon to Wilmington, in North
Carolina for the use OF the rebels, and inquired
what shonld lie do with the prisoner. j. C.
Hahming was thereupOn committed into military
custody ut Fort Lafayette, under mandate from
the Secretary Of State. This commitment was
made on the second day of September. On the
18th day OF that month this prisoner, after due
inquiry was released from custody, on his exc
cutting bund ia the penalty Of two thousand
i've hundred dollars with a condition that he
should thereafter bear true allegiance to the
United States, aud do no act hostile or injurious
to them, while remaining under their protection.
have to regret that, after so long an official
intercourse between the Governments of the
United States and Great Britain, it should be
necessary now to inform her Alajesty's Ministers
that all executive proceedings, whether Of the
Secretary Of War or OF the Secretary of State
are, unless disavOwed or revoked by the Presi-
dent, proceedings of the President Of the United
States.
Certainly il is not necessary to announce to
Il
ion, attended by civil and even social war, was
existing in the United States when the proceed
which lave thus related took place. But it
does seem necessary TO state, for the information
OF that Government, that Congress is by the
Constitution invested with no executive power
or responsibility 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 Government, and
| charged with the supreme direction of oil muni-
cipal or ministerial civil agents, well as of the
whole aud and naval forces of the Union, aud
that, invcs cd with those ample powers, he is
charged by the Constitution and laws with the
absolute duty of suppressing insurrection as
well as of preventing and repelling invasion
and tina, for these purposes he oonstitutiOnally
exercises the right of suspending the writ Of
| hubeas corpus whenever aud wheresoever and
in whatsoever extent the public safety, endan-
gered by treason or invasion in arms, in his
judgment requires.
The proceedings of which the British Govern
ment complain were taken upon information
conveyed to the President by legal authorities of
the country, and they were not instituted until
alter lie 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 advisers
among whom are the Secretary Of War and the
Secretary of State, is responsible by law before
lut ulHhtbl JuulClul llluuuhl VI INT htpuulCg
and amenable also to the judgment Of his
countrymeu and the enlightened opinion Of the
civilized world
A candid admission contained in your letter
relieves me OF aly necessity for showing that the
two persons named thersin were neither known
nor supposed to be British Subjects when the
proceedings occurred, and that in every case
subjects Of her Majesty residing n the United
States and under their protection, are treated
during the present troubles in the same manner
aud with nv greater or less rigor than American
citizens
The military prison which was used for the
temporary detention of the suspected parties is
~ fort constructed and garrisoned for the public
defence. The military officer charged with their
custody has declined to pay obedience to the
writ OF habeas corpus, hut the refusal was made
in obedience to an express direction of the Pre-
sidcnt, in the exercise Of his functions as Com
mundei- in- Chief uf all 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 wit Of hnbeas corpus was attempted iO be
served, or was even sutd out or applied for in
behalf ef either Of the persons named; although
III IA case not dissimilar the writ of habeas corpus
issued out in favor OF another British sui ject,
aud was dlsObeyed by direction OF the President
The British Government have candidly concel-
Ell, in the rom0nsttAnCe before me, that even In
tnis country, remarkable for so long an enjoy
ment by its people of the highest immunitics Of
personal freedom, war and especially civil war
cannot be conducted exclusively in the forms
aud with the diatory remedies provided by
municipal laws which adequate to the pre-
scrvation OF public order in time of PENCE
Treason always operates, If possible, by surprise,
aud prudence aud humanity therefore equally
require that violence ConcOcted in secret shall be
prevented ii practicable by unusual and vigor-
/ IN fnl lIt of tAo
vcnience which results from the practice Of such
precauliOn, embarrassing communities in social
ie and affecting perhaps trade and intercourse
with foreign nations But the American people,
after having tried in every way to avert civil
war, have accepted it at last stern necessity.
The chief interest, while it lasts, is not the en-
jOyments Of society, or the profits OF trade, but
the saving OF the national life That life saved,
c and all the other blessings which attend ii will
speedily return, with greater assurance Of con-
/ tinuauce than ever before. The safety of the
o whole people has become, in the present emer-
, geucy, the supreme law, and so long as the dan
ger shall exist, all classes of society equally the
n den2en AMI the citizen, cheerfully acquiesee in
, tie measures which that law prescrlbes.
: This Government does not question the learn
ing of the legal advisers of the British Crown oil
the justice OF the Difference which her Majesty
Is pays to them Nevertheless the British Govern
}, ment will hardly expect that the President will
y accept their explanations of the Constitution o.
e the United States, especially when the COnstitu
a tOu, thus eXpOunded, would leave upon him th'
sole executive responsibility of suppressing th'
existing insurieetion, while it would transfer Il
10 Congress the most material and indispensable
I'd power to be employed for that purpose. More
G, over, these explanations find no real support il
the letter, much less in the spirit, of the COnst
At tuition itself. lie must be allowed, therefore, /
v prefer and BE- governed by the view of our or
r gunic national law, which, while it will enabl
r him to execute his great trust with complet
al success, receives the sanction of the highes
or authorities Of our own coontry, and is sustane
s, by the general consent Of the people, for whoI
he alone that Constitution was established.
it l avail myself OF this opportunity to offer
d, your lorishp a renewed assurance of my YER
of high consideration.
wv WILLIAM II. SEWARD.
rs The Right lion. Lord Lyons, &c.
.. NARROW EscAPE AT NIAGARA FALLs.-G