The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-10-29

powers, he ia charged BY the Constitution
fhd laws with the absolute duty OF snperess-
ing insnrrection as well az of preventing and
repelling invasion ard that for these pur-
poses he eonStitutionaIly exercises the right
~ sGspendiHg the writ of habefs e0spas, Wha :
ever and wheresoeyer and III whatsoever ex-
tent the public safety, endangered by treason
or invasion in arms, in hs Judgment re-
Quires
The proceedings of which the British Go
vernment com plain were taken upon nforu1 A.
tion conveyed to the President by legal police
authorities OF the country, and they were no /
instituted until after he had suspended the
great VII OF freedom in Just the extent that in
view OF the perils of the State he deemed ne
cessary. For the exercise OF that discretion
ne, well as his advisers, among whom ar.
the Secretary OF War aad ths Secretary Of
State, is responsible by law before the highest
Judicial tribunal of the Republic, and amend
able also To the Judgment OF his countrymen,
and the enlightened opinion OF the civilized
world.
candid admission contained in your le =
ter relieves me Cf any necessity for showing
thai the two persons named therein were rei-
theT knoWn nor supposed to o. BRUSH sHb-
lects when the proceedings occurred, and tha:
III every case subjects of her Majesty residing
liz the United States and under their protec-
uoD, are treated during the prtseut troubles
III the same manner, ana with no greater or
less rigor, than American citizens
The military prison which was used for
the temporary detention Ok tue suspected par
ties Is a fort Constructed ana gsrrisoaed for
the public defence. The military officer
chdrRed with their custody has declined 10
pay obedi3ncs to the writ of hG6eas corpus, nut
TIE refusal was made III obedience 10 L
press direction OF the President, in the eXer-
else OF his functions Us Com nander in Chief
OF all the land ana naval forces of the United;
States. Although it is not very important,
it certainly is not entirely irrelevant TO add,
that, SO Tar as ! am in formed, no writ of AG-
beas corpus was attempted TO De served, as
even sued out or applied for in behalf OF
elmer Of the persons named although in q
case not uisSlmiiar the writ OF ha5e1s c9rgv.
was issued out III favor of another British
SUBJECT, ana was disobeyed bT direction OF the
President.
1he British Government have caHddly
coRCsded, III the enOnstrance before Ins, thal
even IN this country, so remarks ble for SO
| long an enjoyment by its people of the hi igh :
! est iInmuntties Of personal freedom, war, and
| especially civil war, cannot oe conducted ex-
ciusiyely In the forms and with the dilatory
remedies provided by lnunic!p pal laws which
are adequate 10 the preserV&tinn OF public
order IN 4 time of peace Treason always op
crates, II pos IDLE, by surprise, and prudence
ana humanity, therefore, equally require til a
violence concoctsd IN secret shall be prevent
| ca, II pr" cticable, by unusual and vigorous
precautton. am IUiiy aware of the incon
Nehlenees winch result rom the practice u
slcA precau,ion, embarrassing communities
| in social life, and affecting, perhaps, trade
aud in tercourse with foreign nations.
bht me American people, after having tried
y
| Il at last us 4 stern necessity. Th2 chief in =
terest, while it lasts, is not the enioyments Cl
society, or the profits OF trade, but tie saving
ofnatOnal life. That life saved all the ther
blessings which attend il will speedily return
WITH greater assurance Of continuance than
| ever before. The safety of the wholes peo
| le has become, in The present emergency
| the supreme law, and 50 long as the dan2e 7
| shall exist, all classes Of society equally the
| .ienizen au6 the citizen, cheeriully acquiesce
| a. tie measures which that iSw prescIibeS.
| This Government does not ques ton the
learning OF the legal advisers Of the British
Crown or justice OF the Difference which her
| Majesty pays 10 them. Nevertheless the Brit
i>h Government Will hardly ex pact that the
President Will accept their explanations ol
the Constitution Of the United States. espe-
cialIY when The Cons tttution, thus eNpOuGd-
cd, would leave upon aim the sole eXecu;i sc
responsibility Of sHpprpSsirG the existing
lneurreciiOn, while ii would transfer to Con
GFess the most material and indisDensa bi ie
| power 10 be employed tor that purpose
Moreover, these explanations nud no real sup
! port in taa letter, much less ii the spirit, c!
! the Constitution itself He must he allie cWed
| therefore, 10 prefer and be governed hv the
| view OF our organic natiOLai law which,
| while il will enable him 10 execute his great
lIGst with ,piete success, receives the sane
| non Of the highest authorities of our own
country. und is sustained ny the general Goa
sent a. the p )ple, tCr whom alone that Con
stitutlun Wus established.
l avail myself Of this opportunity to Offer
| TO your lordship n renewed assurance OF ny
| very high consideration
WILII4a II SEWARD.