Year: 1868




Confederacy in manner satisfactory to the American


Mr.. BANKS would come 10 that in a moment


Mr EllOT-lt ,is charged by the gentleman who has
reported this bin that the amendment which have Of
fered and which indicated some time which
substantially repeals the enscting clause OF the bill Now
have better opinion Of the bill In my Judgment the
amendment which offered will make his bill sensible
and effective one, instead OF bill which, it shall have
eect At all will probably involve us in war before the
proper TINE shall arrive. The gentleman from Massachu-
sets Is not the only here who feels desire that all
proper legislation should be had to protect the rights Of
Ter with him Ia supposug that the best way to do that is
to give the President Of the United States the arbitrary
provides that any declarations instruction, opinion
der or decision OF any officer of this Government which
denies, restricts pars questions the right OF expa


riaon is hereby declared inconsistent with the funda,
mental principles OF this Government | hold
kind shall be made and in the form of law
The second section s that all naturazed citizens OF te
United States, while in foreign States shall be entitled TO-
and shall receive from this Government the same pro
lection OF person and property that accorded to nane
porn CltlzenS IN like situation and CIRCUMSTANCES


is legislative declaration, heretofore made oi
vital Importance, ombodying in the form OF law tae @
which for one should glad to see Incorporated INTO
the Jaws of the country Then the pll goes on IN ne


hrd section to declare that whenever ~ Is te and E
10 the President that citizen has Dee aIesle anu
the intent and purposes this act upon the allegation
that naturalization in the United States does
not operate to dissolve his native allegiance
to his Sovereign, etc. the President shall have a
right himself TO order the arrest OF any
subject citizen of such foreign Government within our
Jurisdiction, Now this "tt for tat legislation is not
what deem wise sensible just hold it be rather
after the kind which mi ght have been deemed advisable
the days of Moses when the eye for an eye was the
law and hold that If this Government should declare
by that such act is here described shall be deemed
with the continuance of friendly relations with the Gov
ernment offending that this pretty serious declaration
the part of Congress. which will receive such imne
diae action as Will control and remove all cause OF dl
Guilty in the named-tha is to it will then and
there arrest all action and require instant examination
In order that such friendly relations might be restored


nteS staIcs uGC Goyenmenf @ 's saws IN the form
of law that which have proposed to IN
f,lme lie has too high regard for the character OF
his Government its strength its Importance the lnu
from hrs seat pToposiion ike that; nor will the gentle
state, think, that any who here in his place
the intiInatiOn which given by the gentleman that
he for one does not desire as warmly as earnestly as
truthfuly ConscientOusy the gentleman from the
ChareStOwn District that the rights OF the citizens
IN tins country shall IN every country on OG t lace Sl e
tive born natuIazed. We both seek the same end
protection and safety to the citizens of the United States


Mr.. BANKs-of course do not mean to impute any
want OF interest on the subject to my colleague or TO any
member OF the House. III IL new question, would
yield to the argument of my colleague but We have been
80 years in these circumstances We have made these
representations frequently continuously for that whole
period OF thfecquarers of century and we have never
had until the people undertook TO act on the question
this year. result at all cOnsonant with what we had
right to expect and shall never have 1t until we assert
option of foreign administrations to act this question
or not so long they will disregard our claim


Mr.. DAWES anxious 10 vote for the bill, and 10
vote for the most efficient TO carry ont the end
of his colleague (Mr Banks He. therefore, desired 10
ask his colleague whether he understood that the
actmcnt of tins bill into law, the privilege OF the writ
of habeaS corpus suspended as 10 all persons who
might be arrested by the President under the third Sec
ton


Mr. BANKS replied that 1t immaterial whether it


Mr. DAWES inquired what would he the avail of the
enactment unless the writ of habeas corpus were sus
divdual. and was unable show that it for an
ohense committed by that individual within the jnrls-
dctOn Of this country how long, he asked. would that
detained CuStOuyi
Mr. BANKS-Jnst so long as the Congress of the Cdted
maintains its law. Just long American cit
zens are arrested and detained in other countries and
Just as long as the President OF the United States may
choose TO act.
Mr. DAWIS-Does my colleague say that any body
could be arrested by the President of the United States
right 10 issue writ of habeas corpus except for an
ofense committed by that individual within the jnrsdc-


Mr. BANKS-I say unhesitatingly that the proposition
of my colleague does not touch the question at all The
law does not allow the arrest of any citizen except for
Oenso and whenever arrested the habeaS corpus
applies TO him.
Mr. BANKS-Yes, an Ofense committed by him.
Mr. DAWEs-Then YA1t 10 know ~ now q traveller III, 10
in another Jurisdiction has committed an ohense against
Mr BANKs-An individual who may be arrested un
der noube arrested because Of oense
power OF the Government to the rights of its c
zens against another Government and is in the nature OF
rights of its own citizens and other governments
Mr. DAWEs-Then it does not mean that the haheas |





Mr. BANKS-NO, Sir, not at all. mean simply TO say
that il the President shall arrest any foreign citizen


while in this country under this law, and the court should
isse writ habcas corpus, and the person arrested
should be brought before court the court will hold that
until the President releases him that lie may Dc held
hostage for the enjoyment Of the rights of American ct


Mr. DAwES-I would inquire Of my colleague II the
Constitution Of the United states does not TO
for Offense Of lns own ana upon warrant lhdcat
ing what that ofIense Is


RANkS-(eTtainy.


Mr. DAWES-If my colleague intimates that every IN
same rights I'm our courts whether they be citizens
whether they be foreigners he Is entirely mistaken
brought up on OF habeas corpus in time Of peace
courts the court stops TO inquire whether he CIT
zen Of the United states or not


MIR DAWES-Then il a citizen OF the United States and
same level would again inquire of my colleague. under
tile Constitution Of the United states, can he arrest
citizen "a foreigner standing on the same level with
citizen unless lie charges against him some oense com
mitted by him individually against the laws OF the United


Mr.. PAINE Rep wls.)--I would be glad il the gentle
man from Massachusetts (Mr Dawes would explain the
s that under the constitutional provisions, no man can
be arrested except for some crime. . A.. ,,....,..


Mr. GARFIRLD-TheTe is one clause IN the COnstltu-
tiOn article l3. which should like to read: Neither
slavery nor involuntary Serytnde except as punish dIr
convicted shall exist in the United States. or in any place
subject 10 their Jurisdiction" lLaughter.


Mr. BANKS-I do not sec the application OF the article


Mr.. JUDD Qep, Il)-l would IKE 10 can attehilOh 10
the NTH section OF the amendment OF the Constitution


WEIGH declares that person shall be held to answer Tor


capital otherwise Infamous crime, unless on present
ment and Indictment - ~


Mr.. BANKS dnterruptlngl- bill does not charge
crime and therefore, II is OF no use 10 read tha article
here.


Mr. JUDD-well, allow me TO read II.


Mr. BANKS-Well, read IL. iLaughter


Mr. JUDD (readng" No person mot citizenl shall be
held to for capital or otherwise Infamous crime
unless upOn presentment Indictment OF grand jury,
except In arising In the land naval forces or In
the militia while in actual service in time Of war or pub


Inc danger nor shall any person mot czen be subject
for the same be twice put in jeopardy OF life
limb nor shall be compelled In any criminal case TO be
nnn ho AGrAni iNnh nf