The New York herald., 1862-03-01

itself resolution proposed that the act Of the Pre-
sden should be sanctioned by the Legislature; but
was contended that such resolution without any
question should not Be discussed. with regard 20 the
particular acts which Mr. Seward, under the %
the President, has authorized, in the arrests o. sn
subjects, well American citizsns, am not hero
defend them. But think the askty 10 wake sacA aess -
Is that mtsl bl0ng 10 person ~ ns 0oo"mne
Ms Cnsted Sats osssss a! Ass sSr Pass -
arms 20 the eemy acting s Az 70 many Oh these
believe there has been what was very key 70
occur-some unnecessary suspicion and some luueat-
ment. But l do not find that IN any o. these cases
there has existed any disposition on tne part Oh
the American government 70 preven. tne n,'mn con.
them from stating their complaints 10 Lord Lyons
nor do ! find that Lord Lyons has been slow in
derstand that attending those has taken up
greo part Of his tme Nor can say that Mr. Seward
kas refused to listen TO those compassts. Whether these
parties were not engaged in reasonable prac
tices against the government question upon which
cannot The noble earl says the arrests e
gall and that the present detention Of the parties in
prison is Illegal That Is than reurs to say
can0t pese 10 say that supposng ese persons
gagged in reasonable practices the President has not the
opinion OF the law officers Of the United States than
to give We all know that since the time whom
the American States were divided much sympathy has
the other. Some have shown strong sympathy
with the North, while others have displayed
an equally strong sympathy with the South; South
knowing the that these persons were not
connected with the Confederates In Of these
thought quite evident that the persons arrested had
not been engaged in any conspiracy. One gentleman
happened to be partner in firm the other member Of
which had great connections with the South and had
Southern sympathies But the gentleman himself
always staunch supporter of the unon and his arrest
induced merely by the circumstance Of letters hay
ing been sent through his hrm thought that very ar
btrary unjust Mr. Seward said he thought the cir
cumstances sufficient to susI cion, but
soon ascertained that there ground for
the suspicion this gentleman was released. A mere
lease however, far from being adequate componsa-
tion to him, because he was person in most respect
able position and for such to be arrested and
kept in close prison for several days is grievance OF
which any government has right 90 complain. Be-
yond right OF complaint, however and beyond the
constant interference Of Lord Lyons whenever cause is
shown to him. do not koo in The present stale Of things
iohat further course is to bs taken The noble earl men,
toned three cases, and among them was that Of Mr..
Green This gentleman stated that he desired action
taken by his friends in England with reference
his arrest Lord Lyons possessed Of the leading
facts of his case and in due time they would receive in
vestigaton The result Of the whole matter is that there
have been many cases Of arbitrary Imprisonment, and
that these have occurred when the Of
the United States engaged in civil war, perhaps
OF the most serious and formidable which any country
engaged. 1t s not for to decide the right
or wrong of the case, but / think we must admit
against each othr in time of open to both
belligererts here. With regard to these arrests, /
believe that to whatever i way be owing
the nexperence Of the persons ntrused with the duty
of exercising this power to the circumstance that
arbitrary power never be safely ntrusted to any
one and IL SO ntrusted to be abused-(hear)-
however this may bs, believe there has been much
abuse of the power Of arbitrary arrest (Hsar, hear
This only say that every where appeal has
been made the British Minister has been sedulously
attended to- and has been brought before the American
government In every case. also, y whore reasonable
necessary instruct Lord Lyons to bring the matter
the consideration Of the United States
Lord Lyons has been wanting in that duty. He
has shoao,l hse Ithin in this respect pigilau British
Mini ter and trust that your ordships will not be Of
opinion that these cases have been neglected by the
government OF this country. (Hear, hear
The Earl of DERBY-l am sorry to find that the noble
earl is not able TO the statement made by my
noble friend and that he seemed TO cast censure
upon my noble friend for having brought this subject to
your lordshps attention with strong expression of
opinion the ilegaty OF these arrests Now must
say that dicu TO listen TO the statement OF my
noble friend without feeling excited to the highest degree
OF ind gnaten the outrages thus inflicted upon
British subjects. lHsar, hear. ! am willing 70 admit
diculyin chich the American government is placed and
me egeacies Of the cril in which they engaged
but must say that the course they have pursued
respecting British subjects in America notw outstanding
the "Reminiscences from time TO time addressed TO
them by Lord Lyons-snd am snrs that no thought
the slightest upon Lord Lyons ho hare
his difficult duties at WashiAstJa NTH fsmnes
and i prudece- hear -Isay that the treatment
Of British subjects by the American has been
such highly TO try the patience OF this country.
(Hcar) think we are justified in using strong language
considering especially that some former occa
ons her Majesty present advisers have not been slack
proesssd by the noble lord at the head of the 60
vernment. C'Hear, hear" and laughter.) In this
instance, however, the Girls Romonus does no.
appear TO hare derired great deal OF benefit
from his ci,isessIap Qaughter.) In the course Of
his correspondence with Mr.. Seward the noble earl
seems to have invoked against these proceedings
the protection Of American law declaring that he had
right 10 resist with regard British subecs that which
he law sanctioned with regard to American citizens but
the question did the law sanction these proceedings
The noble earl however, ac1uiesced contentedy when
he Sec etary OF State replied that he did
feel bound TO accept from British Minister his expana
tion of the American constitution. Now, wish to ask
A question raised by my noble friend which the noble
earl very conveniently thought unnecessary answer
He states that Congress has passed resolutions affirming
The taken by the President ia suspendng the hobds
corpus. Earl Rassell- Virtually affirming Ill Well,
virtually affirming 1t. No law be shown TO support
the mcst learned and able judges in the States have
denied that he possesses such power although the
action Of the judges at the present moment is subject
rather unusual restrictions (Hear and aughter) At
present therefore there exists appeal with
the law OF the United States but the noble earl
that virtually Congress has affirmed that the President
possesses, by the constitution whenever he thinks IT.
the power OF suspending the habeas corpus without
ference TO Congress to any authority other than his
own discretion Certainly, for very free government
and pure democracy, do not think that very happy
OF law live under and docs not TO afford
very strong illustration Of the superior happiness
which the American people enjoy those whose lot
nobo earl has shown that in Ireland the babeas corpus
has been suspended by the authority OF Parliament and
that the Lord Lieutenant has exercised the right thus
conferred upon him. in the OF American citi
But what want 10 know is, can he show any
British any American precedent where, upon such
IL has been required the condition OF re-
lease but Of being brought TO trial that the person
rested should forswear allegiance to his country
(Cheers Tho noble earl has not denied that this ndi
vdua was called upon condition Of being brought
trial. TO forfeit his nationality and that he only
laughed at when no stated that he was British subject
Even admitting that have right to question the
American Interpretation OF American law-admttiug the
doctrine that the President may at any tme under
Of suspicion exercise the power OF suspend
ng the habeas corpus without the sanction OF Congress
think the noble earl will be at loss to point any
aw precedent by which person may be called upon
forfeit his nationality and allegiance to another
country before he enjoys the privilege Of being brought
totral. Hear, hear)
Earl RussnI-what has fallen from the noble earl rem
dsrs necessary word two OF explanation from
stated that motion had been brought before Congress
declaring that under the existing tho sxer
else Of this power could not bo refused TO the Pres.
dent, even without tho sanction Of Congress. am
vesed in the forms Of Congress, but believe that this
motion laid upon the table and resolved to
pass 10 the order of the day That amounts 10 virtual
49, a A.AI A. L.. 49,.