New-York tribune., 1873-02-01
The IMPRISONED WITNESS.

DUNGEON IN WHICH THE CoNTUMACIoUs STEW
ART RECEIVES HIS FRIENDs-vARYfNG OPIN-
IONS ON THE RIGHT OF CONGRESS TO I'M
PRISON HIM.
IBY TELEGRAPH TO THB TRIBUEE
WASHINGTON, Jan. 31.-Tbe House has got
its elephant safely Gagged. The oontumacous Stewart,
who would net tell what did with the lobby fund Of
the Union Pacific Railroad is lodged in a in the
Capitol known as the Bastile, which fitted up
prison In 1868 for C. w. Wooey who committed for
contempt for refusing testify about the OF money
to defeat the impeachment Of President Johnson This
room is furnished with bed at least foot too short for
tho comfortable repose Of Stewards gigantic
frame, halfdozen easy chairs OF various pat
terms, sofa. q threadbare carpet. and two
or three tables. 1t has two large windows
which look out on dismal little courtyard inclosed by
the high walls OF the building Tho court il
and the walls lofty that 1t is like looking
tho shaft OF mine to try to get glimpse Of the sky
while standing IT, The windows heavily barred.
and little light in through them that the is
kept burning all day Except for the orbidding dun
geonike prospect from the windows, and tho lack OF
wholesome sunlight the prisoner is very comfortable.
His meals are provided BY the House restaurant which,
although not famous culinary establishment thought
good enough for members OF Congress- and he enjoys the
society Of his friends very much II he wore taking his
case In his hotel. The policeman at the door
is kept busiy employed ushering out and In numer-
Gus thrOng OF visitors Stewart employed much OF his
time to-day reheasng his speech or yesterday TO his
guests fortying his remarks personal liberty and
the sacred privileges and duties Of attorneys by copous
quotations from law books of which he has small
library He says that he does not intend TO apply for
writ OF habeas corpus because Congress has 80 brow
the Judiciary OF late tnat he is not willing to test
before any court the question OF the right OF the House
TO imprson him. He declares that he will patiently
walt progress events which probably means that
determined TO stay where he is until the expiration
IN hTar,h rolaa
The opinion prevails that Stewart is in possession of
Information OF the greatest Importance TO the invesga
tion and that he should dvulge what he knows, the
regulations number OF men In high places would be
ruined Although there is little or no sympathy ex
pressed for Stewart In his confinement except by lobby
at. are many of the best parameDtarians in Con-
ress who doubt the right of the House impson him.
They say that the Legislatures Of several of the States
in their Constitutions given the right OF nqusition
but that right not given 70 Congress by tho Constu
ton Of the United States. Such action as that of the
House, yesterday. Is defended by reference to
parliamentary law and long usage in the Brit
ish Parliament. In reply TO this. It is
said that while the legislative branch of General
Government Is in many respects modelled after the
British Parliament, the Houses OF our Congress- derive
thoir powers from written Constitution, while those Of
Parliament are from concessions from the Crown
and the unwritten law OF the land Because the
House OF Lords has the power to mprison witness it
does follow that the United States Senate or House
of Representatives has the right Besides it is in
direct violation Of the spirit Of all law and nstu
ons that citizen should be deprived OF his liberty
without a trial by jury, and placed beyond the
reach Of habeas corpus by the vote of legislative
body which may be led by popular excitement or
feel itself forced by popular suspicion to prove its
honesty by Furnishing witness who is supposed to hold
secrets affecting the honor of tho body itself Those
oppose this mode OF procedure propose the passage
OF laws turning contumaciOus witnesses Immediately
over TO the courts where they may have fair trial be-
fore disnterested uries To be sure, persons who re-
fuse to proper questions in court may be sent
to prison by the Judge without trial. but 1T is held in
that case Judge supposed to be adsnterested per
son, while legislative body may not DO so.