The New York herald., 1868-04-21

that the United States government says in the form
an amendment; 1t would be bSutuan nllnaen. He has
too nigh regard for the character OF his govern
% Insnt It's strength, its importance, the innuence
which 1t has upon the Powers Of the earth to state
from his seat proposition like that Nor win the
poses himself to the intimation which was given BY
the gentleman, that he for one does not desire as
warmly, as earnestly. as truthfuly, as conscen-
tously as the gentleman from the Charles
town district can that the rights Of the citizens
OF this country shall In every country on
those en e
seek the same endproection and safety to the citi-
zens OF the United States abroad lie thinks it will
his own arbitrary will to select from among the
strangers among US from the foreign country offend-
prlsonment. believe that the end viii be more Sc
curely and properly gained by saying to such gov
ernment:-"Until this Is examined and that wrong
suspended. We hold no longer friendly relations
until that wrong be remedied." In my Judgment the
end VIII be better Obtained In this way, and Il Is be-
shall be had on the amendment which have offered.
1t Is to strengthen my colleagues bill and not to
Mr.. BANKs-Of course I do not mean to impute
any want OF interest on the subject to my colleague
or to any member OF the House. II 1t was a new
question l would yield to the argument OF my
oOi eague; but we have been eighty years in these
circumstances. We have made these representa-
Of three quarters OF century; and we have never
had until the people undertook to on the question
this year, result at all consonant with what we
had right TO expect and we shall never have 1t
until assert the necessity OF acting on it. SO long
as leave 1t TO the option OF foreign administra-
uons to act on this question, or not long, they will
disregard our claim. You cannot expect the Prime
Minister OF England, or of any other government to
yield to our claim against the traditions Of his
ernment unless he cen show that 1t Is necessity in
order td~maintain friendly relations.
Mr.. DAWES said he was anxious to vote for the bill
out the end OF his colleague Mr.. Banks. He there
fore desired to ask his colleague whether he under
stood that Oh the enactment Of this bill into law
pended as to all persons who might be arrested by
the President under the third section.
Mr.. BANKS replied that IL was immaterial whether
Mr.. DAWES inquired what would be the avail Of the
enactment unless the writ Of habeas corpus were
suspended. If the President should lit to arrest
any individual and was unable to show that 1t was
for an offence committed by tnat individual within
the t OF s M IN now Long he
Mr.. BANKS--Just as long as the Congress OF the
United States maintains Its law. Just as long as
American citizens are arrested and detained in other
countries; and just as long as the President of the
United States may choose to act.
Mr. DAwEs-Does my colleague say that anybody
could be arrested by the President OF the United
States, by virtue OF this law, and held in any court
having q right to issue writ OF habeas corpus, ex
cept for an offence committed by that individual
within the Jurisdiction Of the United States 2
Mr.. BANKs-I say unhestatingly that the PROPOSE
ton OF my colleague does not touch the question at
all. The law does not allow the arrest OF any citizen
except for some offence and whenever SO arrested the
habeas corpus applies to him.
Mr.. DAwES-An offence committed by him?
Mr.. BANKs-Yes an onence committed by him.
Mr.. DAwEs-Then want TO know how traveller
In tins country can be detained simply because his
sovereign In another jurisdiction has committed an
offence against the law.
Mr.. BANKs--An individual who may be arrested
under this statute will not be arrested because OF
any offence committed by him. II Is the assertion of
the sovereign power OF the government to enfo, ce
the rights OF Its citizens against another govern
OF its own powers to secure the rights OF its own
citizens under other governments.
Mr.. DAwEs-Then 1t does mean that the habeas
corpus as touching thak individual would be eus-
pended.
Mr. BANks--No, sir; not at all. mean simply to
say that II the President shall arrest any foreign
citizen while In this country under the law and the
court should issue writ of habeas corpus and the
person arrested should be brought before a court,
the viii hold that he cannot be detained under
th2t law OF Congress, and until the President re-
leases him that he may be held hostage for the
enjoyment Of the rights Of American citizens In
other countries.
Mr.. Dawes would inquire of my colleague if the
to every individual that he shall not be arrested
less 1t be for some offence Of his own and upon a
warrant Indicating s what tbs, that ,,. offence Is sf ,
But II my colleague means to say that the govern
ment Of The United States is deprived OF all power to
enforce the right OF its own citizens then cOncede
10 him the argument. But 1t Is against that that
protest.
MT. DxWES-ll my COIieague 1ntlnateS tnat every
individual in jurisdiction in time Of peace has
not the same rights In courts, whether they be
ctIzens whether they be foreigners, he s entirely
mistaken Does the gentleman mean to say that
when man IL brought up on writ Of habeas corpus
Ia tine OF peace IN courts the court stops TO in
qure whether ne is citizen OF the United States
Mr. BANKs-Certainly not.
Mr. DAwES-Then, II citizen OF the United States
on the same level, Iwould again inquire Of my col.
league, under the constitution OF the United
States can he arrest citizen or aforeigner standing
on the same level with citizen unless he charges
against him some offence committed by him ind
vidually against the laws OF the United StatesS
Mr.. BANKs-My colleague takes too narrow o view
Of the question. The writ OF habeas corpus is writ
which brings the person before the court to know
under what authority he is held. The person hold
ing man arrested under this law will show his
authority In an act Of Congress intended to protect
the citizen OF the United States abroad and intended
to enforce upon other foreign governments regard
Mr.. DAwEs-would It not he complete answer
for this man to say that he has committed offence
against the lawf Would II not be enough for him to
say, lyon do not even allege that have infracted
Mr.. BANKs-It Ia not enough, sir It does not come
within the pale of the law at all.
Mr.. PAiNE-I would be glad Il the gentleman from
Massachusetts, mr.; Dawes would explain the diff
informs that under the constitutional provisions
no man can be arrested except for some
crime which he has himself commit ed. would he
glad II the gentleman would point out the provision
Of the constitution TO which he refers.
Mr.. BAsKs-I do not wish to yield for that purpose
There Is no provision Of the constitution which for
BIDS US to exercise the power IN question.
Mr.. DAwEs-I ask my friend from Wisconsin II he
holds 10 the doctrine that a man can be arrested
without any offence charged against himp
Mr.. PANE-I have not said that hold TO any doc
rine. | merely wished the gentleman TO show inc
the clause In the constitution 70 which he REFERS
Mr.. DAwBs--It Is In every letter and every word OF
the constitution the spirit ana the life OF it, that
every man is safe In hs person and In his property.
Mr.. GARFIELD-There II one clause In the constltu-
ton tartcle l3 which should like TO read, 'Neither
slavery nor Involuntary servtude except as punish
inont for crime, whereof the party shall have been
duly convicted, shall exist In the United States or In
any place subject " their jurisdcron.n Iaughter.)
Mr. RANKs-I do not see the application OF the
ferent from the ordinary legislation II Is because It
Is 80 diferent In it's character that these various
views are entertained by gentlemen this subject.
Mr.. JUDD [rep.) or I'LL would like to cali atten-
uon to the nth section OF the amendment OF the
constitution, which declares that persons shall be
held 10 answer for capital otherwise infamous
CIlinc unlea2 nrnsaniInent and fndiciuacri