The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-16

Mr.. BurLER-Pardon me; he wants TO see II
ON thai Snest,on untI he has The BODY belore him
that l. the whole OF It,
Mr.. FIREMAN., lrep.) OF N. Y, took the position
that the writ OF habeas corpus could neser be
used to inquire into the validity OF con IN tment
tor contempt by tribunal OF competent Jurisdic.
or America where prisoner was discharged on
habeas corpus who had been adiudged guilty OF
eress. He Teierred to the following head note In
a case In wheaton,
''Tne Court win not grant habeas corpus where
q party has been committed Tor contempt, adj
judged by a Court OF competent Jurisdiction. In
such case the Court will not inquire into the
sufiiciency OF the commitment"
Mr.. BURCBARD, Nepj OF ILL.,, argued that the
question presented was not that OF the power OF
the House to punish Tor contempt but whether
when writ OF haoeas corpus las been issued
under the statute, II Is not the duty OF the person
to whom ~ Is directed to ooey 1t ann produce the
the duty OF the Sergeant-at-Arms in this case.
DISORDERLY SCENE
IN tne of cries OF yoe the
republican side OF the House. and an appeal from
Mr.. ELDREDGE, ldem.l or Wis, that the demo,
cratic side Of the House should have chance TO
Amid the uproar Mr.. BUTLER Of Massachusetts,
repeated several times the phrase, "Crucuy him"
Finally the House refused to second the previous
question, and the debate was resumed:
Mr. ELDREDGE expressed his qualification that
the House was not so Impatient as IL mad been
represented to pe by the gentleman from Massa-
that the House should not exhibit impatlence over
so grave and important supJect as that or sus-
nendinp the writ OF habeaS corpus. his cemO-
cratic friends certainly could not have forgotten
the intense feeling created throughout the coun-
try wnen President Lincoln suspenaed tne writ OF
some circumstances, the power 10 suspend that
great writ oi liberty but the House OF Representa-
tives had no power 10 suspenoi IL Ut 10 interfere
VIII Tax BODY MUST BE PRODUCED.
ua aroued that there never was proper return
made to a writ where the body was not produced,
and he quoted the following from says Parlia-
mentary Law" :-''naoeas corpus Is Dlndiug on all
ana it Is therefore competent for judges to have
be ore them persons committed by the houses Of
Mr. BEcK (dem) of KY. offered as a substitute
a resolution directing the Sergeant-at-Arms RI
make a careful return to me writ tnat the pris
resantatiyes to answer proceedings against nh,
for contempt ana TO take with him the body ~
IRWIN before the Court when making such retI,rn
"a reoulred by law. He said ne sa notn,nT ia -
Tor the House but to obey the law: II the law was
NOT good 1t should be repealed, but so lona az 70
stood the House had To obey IT,
Mr.. BUTLER, OF MASSACHUSETTS, asked whether the
surgeon Geheral VI the Amy ana Navy mad not
py authority Od the committee on Ways and
Means, examined Irwin, aud reported that his
confinement Ia the common jail placed his life IN
danger.
Mr: DAWES said that at the proper time he
would report on That subject to the House.
Mr.. BUTLER-Pernaps alGer the man Is DEAD
Mr.. F1kCK, (rep.) o. ONO, argued that as all the
Steps TAKEN ny the House IN the matter Oh Mr. IT.
WINS commitment for contempt were correct and
legal, tnere was no jurisdiction IN tee Court to
disturb his Imprisonment He put the case OF q
recusant witness, IN case Of the impeachment OF
the President before the senate, and asked
whether any court had the right TO interfere and
discharge the prisoner. He was IN favor oil stand.
ing by the action OF the House yesterday.
Mr.. BURROWS, Tep) OF Mich, cited from "Kent's
commentaries u case where the Supreme Court
OF massachusetts, decided that while The Legisla-
ture OF MASSACHUSETTS, might commit person Tor
contempt the Supreme Court might inquire by
haueas corpus into the propriety vi the commit
ment.
The discussion being closed Mr. CESSNA, (rep.)
OF Pa, moved to amend Mr.. Becks resolution by
adding 10 1t that the Sergeaut-at-Arms De further
directed to obey the order OF the Court.
The amendment was rejected.
Mr.. Beck's resolution was then adopted as a
substitute Tor that offered by Mr.. Kasson.
Mr.. kASSON moved TO reconsider but as a mo-
ton TO adjourn had first been made, the motion
was not regarded as before the House, and then
the House. at twenty minutes to seven P. NJ, ad.
jOurned till Monday.