A candid admission contained in your letter relieves me of any necessity for showing that the two persons named therein were neither known nor supposed to be British subjects when the proceedings occurred, and that in every case subjects of her Majesty residing in the United States, and under their protection, are treated during the present troubles in the same manner and with no greater or less rigor than American citizens.

The military prison which was used for the temporary detention of the suspected parties is a 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, but the refusal was made in obedience to an express direction of the President, in the exercise of his functions as commander-in-chief of 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 I am informed, no writ of habeas corpus was attempted to be served, or was even sued out or applied for in behalf of either of the persons named; although in a case not dissimilar the writ of habeas corpus was issued out in favor of another British subject, and was disobeyed by direction of the President.

The British government have candidly conceded, in the remonstrance before me, that even in this country, so remarkable for so long an enjoyment, by its people of the highest immunities of personal freedom, war, and especially civil war, cannot be conducted exclusively in the forms and with the dilatory remedies provided by municipal laws which are adequate to the preservation of public order in a time of peace. Treason always operates, if possible, by surprise, and prudence and humanity therefore equally require that violence concocted in secret shall be prevented if practicable by unusual and vigorous precaution. I am fully aware of the inconveniences which result from the practice of such precaution, embarrassing communities in social life, 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 as a stern necessity. Their chief interest, while it lasts, is not the enjoyments of society, or the profits of trade, but the saving of the national life. That life saved, all the other blessings which attach to it will speedily return, with greater assurance of continuance than ever before. The safety of the whole people has become, in the present emergency, the supreme law, and so long as the danger shall exist, all classes of society equally, the denizen and the citizen, cheerfully acquiesce in the measures which that law prescribes.

This government does not question the learning of the legal advisers of the British crown or the justice of the deference which her Majesty's gov ernment pays to them. Nevertheless the British government will hardly expect that the President will accept their explanations of the Constitution of the United States, especially when the Constitution, thus expounded, would leave upon him the sole executive responsibility of suppressing the existing insurrection, while it would transfer to Congress the most material and indispensable power to be employed for that purpose. Moreover, these explanations find no real support in the letter, much less in the spirit, of the Constitution itself. He must be allowed, therefore, to prefer and be gov erned by the view of our organic national law, which, while it will enable him to execute his great trust with complete success, receives the sanction of the highest authorities of our own country, and is sustained by the gen eral consent of the people, for whom alone that Constitution was established I avail myself of this opportunity to offer to your lordship a renewed as surance of my very high consideration.

The Right Hon. Lord Lyons, &c.

WILLIAM H. SEWARD.

Mr. Seward to Lord Lyons.

DEPARTMENT OF STATE, Washington, October 14, 1861.

MY LORD: I have had the honor to receive your note of the 12th instant, in answer to mine of the 4th, relative to the carriage of passengers and private letters in vessels of war of foreign powers to and from ports of the United States under blockade.

In reply, I have the honor to acquaint you that no complaint has been made to this department that any British vessel had indulged in this practice; but insomuch as such a proceeding, if acquiesced in at all by this government, would defeat the objects of the blockade, it was deemed advisable to address a circular upon the subject to the representatives here of the principal maritime powers. No objection is entertained to the transmission, through the channel of vessels of war of friendly powers, of any official correspondence with the agents of those powers in blockaded ports.

I avail myself of this occasion to offer to your lordship a renewed assurance of my high consideration.

The Right Hon. Lord LYONS, &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Seward to Lord Lyons.

CIRCULAR.

DEPARTMENT OF STATE, Washington, October 16, 1861.

MY LORD: The judge of the court of the United States for the southern district of New York having recently decided, after elaborate argument of counsel, that the law of blockade does not permit a vessel in a blockaded port to take on board cargo after the commencement of the blockade, with a view to avoid any future misunderstanding upon, this subject, you are informed that the law, as thus interpreted by the judge, will be expected to be strictly observed by all vessels in ports of insurgent States during their blockade by the naval forces of the United States.

I avail myself of this occasion to offer to your lordship a renewed assurance of my high consideration.

The Right Hon. Lord Lyons, &c., &c., &c.

WILLIAM H. SEWARD.

Lord Lyons to Mr. Seward.

WASHINGTON, October 17, 1861.

SIR: I beg to offer you my thanks for the note dated the 14th instant, which you have done me the honor to write to me in answer to that dated the 12th instant, which I addressed to you on the subject of transmitting official correspondence by her Majesty's ships of war to the blockaded ports.

It is with reluctance that I importune you further in this matter. But as I am very anxious to avoid all risk of misapprehending your wishes, I venture

to ask you whether I am right in understanding that you have no objection' to my sending to the blockaded ports, by her Majesty's ships of war, not only British official correspondence with British authorities, but also the official correspondence of other powers friendly to the United States, with the agents of the same powers in the southern States.

I have the honor to be, with high consideration, sir, your most obedient, humble servant,

The Hon. WILLIAM H. SEWARD, &c., &c., &c.

LYONS.

Mr Seward to Lord Lyons.

DEPARTMENT OF STATE, Washington, October 18, 1861.

MY LORD: I have the honor to acknowledge the receipt of your note of yesterday, and to state, in reply, that it was intended in my previous communication, to which it refers, to say that official correspondence of other powers with the agents of those powers in blockaded ports, as well as that of British authorities with their agents, might be sent by British vessels of war.

I am, &c.,

The Right Hon. Lord LYONS, &c., &c., &c.

WILLIAM H. SEWARD.

Lord Lyons to Mr. Seward.

WASHINGTON, October 23, 1861.

SIR: Having received information that a bag of despatches addressed by her Majesty's acting consul at Richmond, in Virginia, to her Majesty's consul at New York had been taken from a gentleman of the name of Crosse, at Baltimore, and sent to General Dix, I directed Mr. Bernal, her Majesty's consul at the latter place, to make inquiries of the general on the subject. You will perceive by the enclosed copy of a despatch from Mr. Bernal that the general referred him to you. I therefore do myself the honor to ask you to be so kind as to favor me with such information as it seems proper that I should receive with regard to the seizure of the despatches in question. I have the honor to be, with high consideration, sir, your most obedient, humble servant,

Mr. Bernal to Lord Lyons.

LYONS.

BRITISH CONSULATE, Baltimore, October 22, 1861.

MY LORD: In pursuance of the instructions in your lordship's despatch of the 19th (received this morning) having reference to the roported seizure of a bag of despatches, I proceeded to Fort McHenry, where I had an inter view with General Dix. I asked him to be good enough to inform me if it

was true that on or about the 16th instant a bag of despatches, addressed to her Majesty's consul in New York by her Majesty's acting consul at Richmond, was taken away from Mr. Thomas Crosse, a British subject, by the provost marshal in this city, and sent to him. General Dix replied very briefly that he must decline giving me any information, and referred me to Mr. Seward. In order that there should be no mistake, I repeated my question, and received the same answer.

I have, &c.,

F. BERNAL.

Mr. Seward to Lord Lyons.

DEPARTMENT OF STATE, Washington, October 24, 1861.

MY LORD: I have the honor to acknowledge the receipt of your note of yesterday, requesting information in regard to a bag supposed to contain despatches from the acting British consul at Richmond, addressed to Mr. Archibald, the British consnl at New York, which bag was taken from a man named Cross by the provost marshal of Baltimore.

In reply, I have the honor to inform you that having received information from General Dix that such a bag had been found concealed in the trunk of a man of that name-a spy of the insurgents, who escaped before he could be arrested-I directed the general to forward it hither. On its arrival, although it had a label attached to it, addressed to Mr. Archibald, and the words on her Britannic Majesty's service, there was nothing to identify it as having been forwarded by the British vice-consul at Richmond. This circumstance, in connexion with those under which the bag was brought through the military lines of the United States, naturally occasioned doubts as to its containing official correspondence. I consequently directed the bag to be opened, when it proved to contain not a single communication for Mr. Archibald, or for any other officer of the British government on this continent. It did contain a few apparently official letters to functionaries of the British government at London. These were promptly forwarded, as received, to Mr. Adams, with directions to cause them to be delivered to their address.

The other contents of the bag are, and will be, retained here. It is unnecessary to specify their character. I will only add that they are such as no consul, or acting consul, of a foreign government has a right to forward in any way from a place in rebellion against this government.

I avail myself of this occasion to offer to your lordship a renewed assu rance of my very high consideration.

To Lord LYONS.

WILLIAM H. SEWARD.

Lord Lyons to Mr. Seward.

WASHINGTON, October 28, 1861.

SIR Her Majesty's government have had under their consideration the note which I had the honor to address to you on the 22d ultimo, with the despatch from Mr. Consul Archibald which accompanied it.

Her Majesty's government have learned with much surprise, from those papers, the cruel treatment to which the nine British seamen who were imprisoned in Fort Lafayette were subjected by the United States authorities. Her Majesty's government are unable to comprehend the grounds on which persons, who were accused of no offence, were confined in irons and treated as criminals; and although it has been satisfactory to them to learn, from the answer which you did me the honor to make to my representations on the subject, that orders were given for the release of these men, yet her Majesty's government cannot but consider that some amends are due to them for the sufferings to which they were thus causelessly exposed. Her Majesty's government have accordingly instructed me to bring the matter again to the notice of the government of the United States, and to express their hope that due compensation may be awarded to the sufferers.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Mr. Seward to Mr. Adams.

LYONS.

No. 122.]

DEPARTMENT OF STATE, Washington, November 11, 1861.

SIR: The case in regard to pirates engaged by the insurgents in this country practically stands thus: every naval power, and every commercial power except one, practically excludes them from their ports, except in distress, or for a visit of any kind longer than twenty-four hours, and from supplies, except of coals, for twenty-four hour's consumption.

Great Britain, as we are given to understand by the answer of Earl Russell, allows these pirates to visit her ports and stay at their own pleasure, receiving supplies without restriction.

We find it difficult to believe that the government of Great Britain has constituted this exception with full deliberation. I intimated in a preceding despatch, No. 112, a hope that the subject might be reconsidered before it should be necessary for us to consider what remedies we can adopt to prevent the evils which must result to our commerce from the policy thus indicated by Great Britain. I have consulted on the subject with Lord Lyons, and he may perhaps communicate with his government thereupon. Meantime, I am directed by the President to instruct you to recall the attention of her Majesty's government to the question, under the influences of a spirit of peace and friendship, and with a desire to preserve what remains of a commerce mutually important to both countries.

I am, sir, your obedient servant,

CHARLES FRANCIS ADAMS, Esq., &c., &c., &c.

WILLIAM H. SEWARD.