Mr. Saulsbury moved to add these sections:
And be it further enacted, That no white inhabitant of the United States shall be arrested, or imprisoned, or held to answer for a capital or otherwise infamous crime, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger, without due process of law.
And be it further enacted, That no person engaged in the executive, legislative, or judicial departments of the Government of the United States, or holding any office or trust recognized in the Constitution of the United States, and no person in military or naval service of the United States, shall, without due process of law, arrest or imprison any white inhabitant of the United States who is not, or has not been, or shall not at the time of such arrest or imprisonment be, engaged in levying war against the United States, or in adhering to the enemies of the United States, giving them aid and comfort, nor aid, abet, procure or advise the same, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. And any person as aforesaid so arresting, or imprisoning, or holding, as aforesaid, as in this and the second section of this act mentioned, or aiding, abetting, or procuring, or advising the same, shall be deemed guilty of felony, and, upon conviction thereof in any court of competent jurisdiction, shall be imprisoned for a term of not less than one nor more than five years, shall pay a fine of not less than $1,000 nor more than $5000, and shall be forever incapable of holding any office or public trust under the Government of the United States.
Mr. Hale moved to strike out the word “white” wherever it occurs; which was agreed to.
The amendment of Mr. Saulsbury, as amended, was then disagreed to—yeas 9, nays 27, as follows:
Yeas—Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell, Riddle, Saulsbury—9.
Nays—Messrs. Anthony, Clark, Collamer, Conness, Doolittle, Fessenden, Foster, Grimes, Hale, Harris, Howard, Howe, Lane of Indiana, Lane, of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wilkinson, Willey, Wilson—27.
Mr. Conness moved to table the bill; which was disagreed to—yeas 9, (Messrs. Buckalew, Carlile, Conness, Davis, Hendricks, Nesmith, Powell, Riddle, Saulsbury,) nays 31.
It was not again acted upon.
1864, June 13—The House passed this bill, introduced by Mr. Spalding, of Ohio, and reported from the Committee on the Judiciary by Mr. Morris, of New York, as follows: