The Indianapolis journal., 1897-03-05
AN OLD CASE OF ARBITRARY AR
REST.

In the midst of arms. says a legal maxim,
laws are silent In time Of war govern
ments are apt to do very arbitrary things.
and, If necessary for self-protection or self
preservation. they are justifiable. great
many such acts were done during our civil
war. including arbitrary arrests. suspension
Of the writ of habeas corpus, expulsion of
suspects beyond military lines, etc. Some
of these acts involved our foreign relations,
and, singularly enough, one of the most
notable of these was done in a spirit of
international comfy for Spain. Still more
singularly it had it's origin in Cuba. 1t
had no connection with our civil war, but
the arbitrary manner in which it was done
was suggestive of the spirit of the times
and of the methods which prevailed to
some extent during the war. On the 11th
OF May, 1864, Don Jose Augustin Arguelles,
a colonel in the Spanish army, who, with
his wife, was sojourning in the city Of New
York. was arrested by order of the Wash
ington authorities and secretly conveyed to
a steamer in that port bound for Havana,
which Immediately sailed. 1t was several
days before even his wife learned of his
arrest and deportation. Finally official
statement was made to the effect that
Colonel Arguelles was formerly lieutenant
governor of the district of Colon, in the
island Of Cuba, and that he effected the
capture of a large cargo of African negroes
illegally landed within that district a few
months before. The captain general of
Cuba was so pleased with his zeal that he
paid him $4,000 as his share of prize money
for capturing a slave expedition. Subse-
Guently Argueles obtained a short leave of
absence and went to New York. After his
departure from Cuba it was discovered that
he had sold into slavery 141 of the negroes
captured by him at prices ranging from
500 to 500 each. Legal proceedings were
instituted against Arguelles but as he was
out of the country nothing could be done.
There was no extraditon treaty between
the United States and Spain under which
Arguelles could be extradted or his sur
render demanded but upon the strength of
confidential representations made by the
United States consul general in Cuba and
by the Spanish minister at Washington
TO the secretary of state he was arrested
in the summary manner described and sent
secretary of state the Spanish minister
stated that he was well aware that no ex-
tradition treaty existed between the United
States and Spain under which the surren-
der of Argueiles could be asked for but.
considering the nature of the crime which
had been committed and the outrage upon
humanity. he submitted the facts ''in order
to ascertain whether an incident so excep-
tional could not be met with exceptional
measures" President Lincoln himself took
cognizance Of the case and ordered the "ex-
ceptional measure described. This he did
without any law whatever on his sole re-
sponsibility In the absence of any extradi-
tion treaty, or of any law, public or mu-
nicipal. authorizing the act. Arbitrary
as it was, it crcditable to Mr.
Lincoln's humanity and sense OF justice.
The act excited considerable comment at
the time, and probably would have caused
much more il tho country had not been
engaged in civil war. Nevertheless, il was
denounced as n violation of the right of
asylum and wholly without warrant OF
law. The Senate passed the resolution of
inquiry calling for the facts i'm the case.
In his reply Secretary Seward admitted
that there was no eXtradition treaty or ex-
press law for the act but said il was done
''in virtue OF the law of nations and the
Constitution of the United States" This
was a revival CT Mr.. Stewards higher
law doctrine. lie said: "A nation is never
1
inals who are offenders against the human
race" This doctrine was combated i'm
and out of Congress. The question got into
politics. and two national conventions of
that year. the Radical convention which
met at Cleveland and nominated John c.
| Fremont for President. and the Democratic
national convention adopted resolutions