New-York tribune., 1871-09-30
WASHINGTON.

FOURTH ACKNOWLEDGEMENTS OC hGh
RE6ENTATIVES-A NOVEL LAW SUIT.
IBY TELEGRAPH TO THE TRIBUNRl
WASHINGTON, Friday, Sept 70, 1871.
Iwsssness appears to be on the increase In the noAn
Territory owing largely TO the condition OF anairs pro-
duced by the unauthorized intrusion % the Whtes VINO
follow the railroads now building there. Recent Fort
Smith Ark) adyices chronicle the arrival there OF IL
prsoners three Of whom charged with murder, and
three others with assault and intent to KILL Three Of
these prisoners are colored i've white. and the Others
indiana -Four Of the whites are charged with illegal
indian nS % despera3c, Who in resisting arrest killed the
Indian sheriff, and mortaly wounded constable Tho
grows worse with every month, and Congress Wll oe
Compelled to legslats On the subject Of permanent
can be made for the erowding gemigratfon.
Judge Taber, Fourth Auditor Of the Treasury. has
completed his annual report for the fiscal year ending
ls7l in which he gives the following statement
Of work done Paymaeters accounts settled $685. nVolV-
ing cash disbursements Of Ne,O70e7a rs; pension ac-
counts settled 2S involving es2o2o @ Letters written,
l47s; received 116. Twentyelght prize lists adjud-
Gated amounting In the aggregate to sss,1S 81. Claims
sSusted @ AMOUNTING s .ssttS sS % g. lnvoHz Na
a In relation :; sSSsSns xS,ss sSs have ASe's oe
the ability Of the paymaser TO obtain larger amounts Of
d; not e Va for s Surplus
after the expiration Of his three years cruise and the
tSras tSrons tine Ss Accounting % Ss
to r the ha Z. could
successui operation and return the money thus used
before the day Of accountability Under the present ar
hand is known monthly. Should his regulations upon
the Treasury sppeaT 20 enSsea d os renaerna h
reurn the balance he should have on hand and which
recommends that Congress authorize the employment
SseOan Sc nSs to be styled
to be attached to and under the direction OF this Bureau
national bank examiners, and they should have au-
thor to call upon any nOc ~ snGre OF
hbt his books and cash for examination They should
be paid reasonable salary, and allowed actual travel
No action having been taken by Congress at the last
session the apporontment question: the Secretary OF
the Interior WILL under the laws Of 1850 and 1884, make
the apporonmenc called for underthe census just taken
The number OF representatives will be al, giving two
each to Illinois and Missouri and one each to Iowa. Kan
sas Michigan. Minnesota, New-Jersey Texas, and Wis
consn. New-Yort will lose three. Ohio and Pennsy
vania two each, and Kentucky one, while the New
STATES % iosG s sax AK addonS S member for arSe
fractions, which will require the action OF Congress 70
authorize elections at large.
novel and important case, being the first Of Its char
acter that has up heard to-day before the su
preme Court Of this District in General Term Col
sherrod Of Alabama, while In attendance upon the cit
tngs Of the last Congress as member OF the House,
was served with summons to answer In an action OF
assumpsit for o debt contracted iu Alabama or Ken
tucky. By his counsel, R. N. Corwine. he inter-
posed plea Of privilege as q member Of Congress.
Tho plaintiff demurred, to the plea, and the single
question of privilege came up for argument
this morning. Mr.. Corwine cOntended, FIRST that the
question OF privilege belonged 70 the House. and could
be waived and could not be taken away. 1t was Par
amentary privilege, resting on the principles Of the
Common Law, and old az Parliament itself. He
cited In England and America illustrative Of this
proposition. Second, he claimed that by the Consttu
ton itself the privilege established The word
rest, as used In that instrument, flexible
as the word citizen, nsed In the same instrument
latter had been construed by the Supreme Court of
United States to embrace corporations, and suits
brought against the latter In the United States
Circuit Court under the clause Of the Constitution limit
ing such suits TO citizens of the several States 30 the
former must be construed to embrace any process which
would withdraw the member from his Official duties or
which may distract his mind from these duties.
His constituents and the House have 9 superior
right to his whole time and mind. Third,
changes In the laws to meet tho constantly increasing
demands Of commerce, the abolition Of Imprisonment for
debt have dispensed with the writ OF arrest as the
main process In sut but the consequences OF dso
bedence Of the process follow, and continue; ; ana
member who dHobeys, may be punished by nne and I'M
prsonment. And yet tho power Of the House 70 take
him out OF the custody Of the civil authorities remains
and may be asserted at ts pleasure. overridee ana
superior to the process orders OF the Court Tne
the highest privilege known becauset 10 eetabhshed Dy
the Constitution, and recognized by the common law and
Parliamentary law. The case 10 still on.