The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-21
the AMERICAN REBELLION.

England and France Looking Ont For
Agents Were Expected to Propose-Iord
Lyons I'm Trouble at Washin gton and In
London-John Bull Reasserts HIS Good
Faith Towards the UniOn-Shipments
OF Armstrong Guns, Shot and Shell For
Canada and the West Indies.
IKE sLrDELL AND MASON MISSION TO ErRopE-wuAr
ENGLAND AND FRANCE EXPECTED FROM THE REBEL
From the London Post government organ), Nov. ~
Tho latest news from New York mentions that the Con
Tolerate Commissioners (Messrs Sldc and Mason) who
IN roate-(lt will be remembered that this publication
made in the Post on the very day the Com,nss toner's
Europe, authorized to negotiate matters Of orenl COM
s:ercial advantage Nth England and France They add
ALSO rumor which must necessarily be received with
muchreserve, that hey authorized place DE Southern
eoearacy, for limited period, under the projection Of
10th Pocers.
AN OPEN RUPURE BETWEEN LORD LYONS AND MIR. LIN
coin ANTICIPATED,
Paris NOV A. correspondence OF tho London Post
A1oregn ambassador writes to his government. The
81 LoTd lyons her Britannia Majestys Minister
70 the United States, with the Of Washing
ton are growing ard day We
may e1fecf an open rupture ere long
LORD LYONS DEFEATED IN DIPLOMACY BY MIR.
SEWARD.
From the LONDON Times Nov al
We fear that most Of readers will share IN thA dia
sa,ls,acon with which we confess to have read the
fespondence between Lord Lyons and Mr.. Seward The
occasion was an important eat interests are AT
stake and matters Of the highest consequence depend on
sne result OF the correspondence. ioas surely ,oyth
Cai % ao1sts litter at least literally lceH expressed ami
ectsrd1y ee reasoned whe addressed ourselves to the
task Of calling free and kindred nation 10 occo,n la
Ac violation of The liberties Of mankind and Of thar o,e,a
coa7,V.on The first paragraph Of the letter is In the
past tense-tHer mslesys government were
much concerned, "they hal learnt from teepranhc
csspatch" "they could not but regard The succeed
ing paragraphs are all in the present ensessThey per-
ceve 'they conceive" and forth The nrrdn0s rent
as storenty as The Writing"Her Maesty's government
ind that two British subjects have been subjected to
arbitrary arrests. Her Maestys government perceive
shat when British subjects as well as American c1ens
are arrested, they are Immediately transferred to a mill.
Ay prison. TINS does noi mean, we suppose, that
only when her Ma1esys subjects arrested together
with Americans they placed ia a military nrson but
rather that when arrested they, well as Americans
are 30 placed Let that pass, however eHer Maesty's
government conceive that this practce"the refusal or
the military authorities to pay attention to writ OF
haeeas corpus directly opposed to the maxim OF the
constitution Of the United States that person shall be
deprved Of Me- liberty property without process
obey writ Of habeas corpus can be violation Of that
provision OF the constitution which requires that no man
shall be imprisoned without loyal process cannot con
ceivc, unless the refusal Of the remedy for an lie
gal Imprisonment be itself an illegal impr kson-
ment Hqcing aus e'atam9led vefS PLAIN question,
she letter proceeds TO state that her Maj govern
nen would not have been surprised if the ordinary ss
ourities for personal liberty had been Temporarily sus
pended'-the very thing which has happened and IT is
only from the next paragraph learn that by sus
pended they mean suspended by Congress- Would
not have been more to the purpose have said that
congress the only power which could legally suspend
TIE habeas corpus in the United States but that Coz
Eress has not done and therefore, tha< It's SUSPENSION
by any other authority is illegaR
Awkwardly, however, as the case Is stated and com
pete 10 be the OF the government az
the United States Oh the merits az the arrcst ~ h ,
British subjects concerned, who seem TO have been Oh
tects OF reasonable suspicion, the English government
really have substantial grievance against The govern.
m.nt Of President Lincoln if the view OF the law which
they put forward be We cannot certainly e,n0
the American government TO guide itself the ctptruc.
SION oil the constitution of the United States by the opinion
OF tho law officers Of the British crown and dignity and
proprety alike required that alluson to them should
have been made IN such a communication as the pre
sent Stil the question remains English subjects have
been imprisoned by the order Of the President
OF the United States and have been released by tho
same authority The courts OF justice, as appars
n the Baltimore have been willing TO issue writs OF
habcas corpus but the President Of the United states has
directed the military authorities to make 20 return to
such wrtsan order which preciudes the American 20.
veFnmsnt from taking the point made by Mr. Seward
that the present the writ Of habeas corps was
never applied for The head OF friendly government IL
thus the agent in mprisonng the OF friendly
Power, and 10 depriving them of tho which the
law Of The country points out for trying the VALIDITY OF
tnat nrs nment. That is the substantially made
by e English government, though il, 70 lame and
s'cie9ide 10 gre every ddrslnta0e 10 teir
a'',ogmits VIVA, answer has Mr.. Seward TO make 10
ilA charger We pass the circumstances of susni
~ lnauoei tue government to act, as irrelevant 10
sue question OF egalrght and also pass over the svp
tas.h q our correspondent that Engshmen are in this
,pso, 70 worse treated than Americans themselves for
nouSh reason TO be considered before making the
compnt cannot take away the right of England 10 CON-
pan Y the government of friendly Power imprson our
eiV1ens contrary TO law, and dany them tha right ~
Sryirg the question OF legality. %"
Tie answer Of Mr.. Seward 10 substantially ,bot IN q,
on ns broken out IN the United States that
congress mas oy me constitution 20 executive fnynr 49,
responsibility that tho President IS iayestaa VIII IN ~
shYoa.'se power o tho government, and with the an
preHs Gre noh o. ali municipal ministerial ciyu |
agents, and OF the forces Of the Union ,at ba pra
dent Is charged by ths constitution and laws with tb
Huty Expressing instruction and repeing invasion
and that, therefore, he has the right ~ snsnan9
tho writ Of habeas corpus whenever wherc>oever
and ~ whatsoever case he pleases M seward |
further states that the President la, susnsnaod |
che writ Of haboas corpus TO jus. the extent that Win
ressfd 20 the Peris OF tn state, he deemed
mere tnen are two satementsone Of law and one a
iac 1be statement Of law is that tho Pregdent has In
time Of insurecton, tho right suspected u.
sons ana 70 suspend the writ habcas corpus tho
y. mat - matter Of fact no has suspended the writ.