Mr. Seward to Lord Lyons.
My Lord: You have kindly left with me a copy of an instruction which you had received from Earl Russell, dated on the 22d of November last.
I have great pleasure in stating to you, for the information of his lordship, that the President frankly and unhesitatingly accepts the explanations given by Earl Russell of what was the meaning of the British government in the views which, at their instance, you had heretofore submitted to me concerning the right of the President to suspend the habeas corpus, in time of insurrection, without waiting for direct authority from Congress.
I have to regret, however, that while the misapprehension which has existed upon this one point is thus generously removed by Earl Russell, he deems it necessary to persist in the opinion that the President’s proceeding, under a suspension of the habeas corpus, in the case of William Patrick was wanton and capricious, and that it had not been rendered necessary by the exigencies of the civil war. As government must proceed always upon information, and often with great promptness and energy, it could hardly be possible to avoid the commission of occasional errors in the exercise of precautionary power to repress insurrection, manifesting itself more or less formidably in every State of the American Union. I cannot but think that a prompt correction of the error in such a case, (such a correction as was made in the case of Mr. Patrick,) is all that could reasonably be required by persons willing to deliberate carefully, and anxious to interpret the action of the government with candor and impartiality, as I am sure Earl Russell is. I cheerfully consent to leave Earl Russell’s protest on the record, where it will lie side by side with the decisions of this government, which show that, during a civil war now of nine months’ duration, no complaint of any kind has been denied a hearing; not one person has been pressed into the land or naval service; not one disloyal citizen or resident, however guilty of treason or conspiracy, has forfeited his life, except in battle; not one has been detained a day in confinement who could and would give reasonable pledges of his forbearance from evil designs, nor, indeed, has one person who could or would give no such pledges been detained a day beyond the period when the danger which he was engaged in producing had safely passed away. Happily, it is not the judgments of even great and good men like Earl Russell, pronounced in the excitement of the hour, and possibly subject to the influences of disturbing events, which determine the characters of states. From such judgments we cheerfully appeal to that of history, confident that it records no instance in which any government or people has practiced moderation in civil war equal to that which, thus far, has distinguished this government and the American people.
I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.
Right Hon. Lord Lyons, &c., &c., &c.