General Lo Gendre was arrested at Amoy on the 6th inst., by the Marshal of the United States Consulate, assisted by officers and marines of the U-S.S. Yantic, but was liberated under bonds given by Messrs. Stevens and Middleton, The preliminary hearing was held next day, and we are indebted to the Hongkong Times of the 12th for a report of the proceedings. The Court addressed Mr. Lo Gendre as follows Mr. Lo Gendre—Yesterday, upon official complaint by Chinese provincial authorities, together with public information, facts within my own knowledge and others which I have good reason to believe to be true, but finally and above all acting under instruction from the United States Legation at Peking, I caused you to be apprehended on a 2 of advising, aiding, and abetting an expedition in hostility to the Government of China, to wit the Japanese armed expedition, now operating in the island of Formosa, in violation of the laws of the United States and their treaty obligations with China, and the peace restiu on those laws and obligations. It is claim: that the island of Formosa is a part of the dominion of the Emperor of China; and the landing of an armed force upon that island and making war upon its inhabitants, constitutes the offence the commission of which you are charged with aiding and abetting.
In proof that this expedition is hostile to China, we have the official declaration of her Government. The violation of the laws of the United States and their treaties with China will for the present be presumed to follow. The charge of your connection with the enterprise is based upon the items of evidence I have recounted as justifying your arrest, Some of the articles of the Treaty and provisions of law bearing upon the case are the following: (vide Art. 1 treaty of 58) in the broadest language establishing the peace atween the two nations (tec Art. 11. id). This article defines offences in the most comprehensive language—the phrase avy other improper act in C!
Insly s0—(see See. I law of U. S., April 20th, 1818), (see Sec. 7, law of U. 8., June 22nd, 1860). 'The terms employed in' this section are somewhat indefinite "but most camps Consul may, upon facts withi own knowledge, or which ho has good reason to be re to be true, ete., issue his warrant for the arrest of any citizen of the United States charged with committ in the country an offence against law" (see Section 20 idem). This section authorized the Minister or Consul to do and perform what-over is necessary to carry the provisions of Treaty into full effect" (see also Sec. 24 idem).
The Court then, remarking on the gravity of the matier, said it would hold Mr. Lo Gondro till it had further instructions from Peking; that he would be treated with every consideration, but that it was of the first importance he should depart the Court. It fixed bail at $25,000, which it appears was given by five bondsman.
Mr. Lo Gexpne orally applied to be sout to Shanghai, in order to have the benefit of Counsel; and on the 6th inst. entered the following Protest against his arrest Selected by the Government of Japan to come to Southern China and represent it here on a mission of peace as its Special Commissioner, T solemnly protest against the violence used towards me by the authorities of the United States at Amoy, in depriving me of i ind forcibly and against my will bringing me before them in virtue of a warrant, in which, in violation of all principles of Jaw, no mention of the offence or crime, of which I must necessarily be accused, is made.
My quality, as United States Citizen, and my connection as such with the Japanese Government, while the latter is engaged in ug out a scheme of pacification within joundarivs of aboriginal Formosa, cannot woked (as it may ultiwat-ly he) by the States Authorities in justification of very nature of the duties here to. perform entitles me to certain privileges and immunities which both China and Western Powers are bound to respect; and by depriving me of my liberty, while thus vested with thie character, this Court has committed towards Japan an unfriendly act, which that country cannot fail to resent, and which in the course of time the United States, in their well-known policy of justice, will certainly regret.
While as a public officer of Japan I turn against the wrong which Iam now made towards the United States and pro-for, and for which I claim redress, as a citizen of these same United States, 'I feel deeply grieved for the error which I believe has been committed here by this Court. This error is the more apparent when we come to consider the different circumstances under which the American authorities might have been placed in their relations with mo, in my double capacity as Japanese officer and United States citizen; I will suppose the worse case, aber Formosa constituted an act of war that, is, that' the Late action of Japan in against China, or, as some have called it, war without declaration.
Tt must be remembered that I was engaged by the Japanese Government long before the Formosa mission started. Now the treaty of 1858 between the United States and Japan says that Japan shall have the right to enter in the United States ® naval and militar war © to engage its services provid that such persona shall not be engaged to act ina naval or military capacity while Japan shall be at war with any power in Amity with the United States," and' I do not think that thia proviso prohibits Japan from employing American citizens to act in a naval or military capacity, who have been engaged before Japan went to war. Neither does the act of Con-reas, pasted, April 20, 1818, commonly called Neutrality Law for when I accepted my present tak under the Japanese Government, I was without the jurisdiction of the United States, Now we come to the Act of 1860, In pat sing this Act, the object of Congress was to arm the Ministers and Consuls of the United States in China, Japan, and Siam with certain wer that would enable them to carry into effect the treaties with those Powers, for which purpose previous jurisdiction was insufficient, It provides that "it shall be competent for each of the said Mis all manner of writs to prev the United States from en! tary or Naval Service of either of the said countries, to make war upon any Power with whom the United States are at peace, or in the service of one portion of the came people against any other portion of the same people, and he may carry out this power by a resort to such force as may at the time be within hia reach belonging to the United States." first sight, bave.but very little Vearing:
However stringent this law may appear at upon the case at issue. It is, it is true, a law Of the United States binding" we far as tt of 1858, between Japan and the United States, is als w_of the United States. Mr. Wheaton says: ' Under the constitution of the United States, by which treaties made and ratified by the President, with the advice and consent of the Senate, are declared to
be understood that the Congress is bound to the Supreme Law ofthe Land, it seems to redeem the national faith- thus pledged, and to pass the laws necessary to carry the law into effect." (Wheaton's International Law, 226, page 339). Now, we hav thi by the terms of the treaty of 1858 betw Japan and the United States, persons who Futain the character of citizens of, the United tates in i that country in a war ing the service. If so, bow could Congress, which was bound under the constitution. bern ofthe erenty, passo law' tint would jislate for the purpose of carrying into effect
virtually set at naught the provisions of this same treaty. In vain would we agree that the law of 1860 applies to United States citizens and not to Japan. It is beyond question that Japan can claim certain privileges from the United States, under the terms of the Tres of 1858, If, by depriving United States Ci zens of a certain proportion of their liberty in their relations with Japan and her people, either or both are debarred from enjoying these privileges, and if the enactment of the Law of 1860 is the means of doing this, 1 say
Text read from the printed page and cleaned; old type leaves the occasional error.