The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-15
HOUSE OF REPRESENTATIVES,.

Indian question, including the peace pol
icy and the conflict between the army
and civil control. was opened by Mr.. BECK,
ldem.) OF KY, who was replied To by Mr.. SHANKs,
rep.) OF Ind The latter defended the Indian peace
policy, and asserted as the result OF 1t that the
Indians in this country were IN better condition
now thar they had ever been since they were first
discovered by Columbus lie knew That there
was prejudice against the Indians and that 1t
was popular thing to attack them and to say the
best Indian was dead Indian. He did not take
that position. WHAT Indian tribe IN the country
had committed more wrongs and outrages than
the white people themselves had cOmmltted2
The difference was that when white people mis-
behaved themselves they were punished by the
law. but when Indians misbebaved themselves the
troops were sent after them. So long as the peace
policy punished bad Indians and only protected
good ones he was In favor OF IT. Mr.. Beck paid
compliment to Mr.. Shanks Tor his praise worthy
efforts to protect the interests OF the Indians and
said that he (Mr. Shanks) had originated ana car
RED through measure a couple VI years ago pro-
viding that not more than nity per cent should be
paid on Iudian contracts until all the accounts
were inspected by the Board OF commissioners.
That was a'check upon fraud; but that check had
ported last year that many accounts which they
had examined and objected TO had been paid , IN
spite OF their protest. to an indian ring, including
Dodge and Wider and Others OF that sort, with
whom contracts were made In violation of the
been removed for the very purpose OF letting
these frauds 20 on.
provision in regard to the Indian Peace Com
missioners having been reached, Mr.. RANDALL
(dem) OF Pa, stated that the Chairman OF the
Board was tb ne secretary and Treasurer OF the
certain Indian lands would go to tnat company IN
certain events. His interests therefore, were ad-
verse 70 those OF the indians and OF the govern
ment. He referred to Clinton b. Fiske.
Mr.. PARKER, rep.) oil NO., SAID ne did not know
anything ABOUT the private affairs OF General
FlsKe. These Commissioners were appointed on
the recommendation q, the various churches OF
the country ana he was inclined to believe tnat
they were good men. General Fske stood hign as
q citizen OF Missouri. All these men worked
without com ensatlon; 1t was purely labor Of
love and charity and Christianity on their part.
Mr. acknowledgements are not always right in
some Of their accommodations am rather IN.
cined TO think II Is BAD year ior Christian minis.
Q.aughter.)
ABUSE OF INDIANS.
provision IN regard to the Round Valley Indian
Reservation, in California, being under considera-
ton, Mr.. LUTTREL. (dem.) OF CAL, suggested that
the reservation should De rented TO men VINO
would contract TO feed and take care OF the In-
dams.
Mr.. PARKER, OF Missouri remarked that that
would reduce the Indians to the cOnd ton of peons
Mr.. LUrTRELL replied that they were now treated
worse than the poems. He understood that on the
Round Valley Reservation Indians were often tied
up and whipped like dogs by the orders OF the agent
Mr.. STARKwEATHER, rep) OF Conn.-What agent
Mr.. LUvTRELL-The Rev. L. Bouchard
Mr.. STARKwEATn ER-Is he an agent now2
Mr.. LUTTRELL-He Is.
w
MI. LUTTREIL-Iwo or three years ago
Mr.. OBSERVATION-DISCLOSURES denomination does
Mr. LUTTRELL-He Is a Methodist, and am sorry
to state 1t. Uaughter.l He is II republican.
more laughter) He was secessionlst, out at
the close OF the war ne became republican, and
that was MS reward.
A MEMBER ON ThE REPUBLICAN SIDE-It was in
the land Of secession that he got his education.
IRwIN'S CONTEMPT.
The SPEAKER mere laid before the House q COM
munIcatiOn rom the sereeanta-Arms, stating
that been required by writ OF udueaS
carpas issued Sy Judge Judge Macarthur; OF the SUI
9nce ore o him e ne podv OF 70 Pro
recusant witness in the Pacific Mail Investigation
that ne had attended with his counsel and re-
sp0nded that he nad the prisoner In ms custody
by order OF the House of REPRESENTATIVES, and that
Judge Macarthur had decided That no return wou.d
soner III court. Under these circumstances as
the production Oh Irwin would be release OF him
from his custody an officer OF the House, he
asked the instruction Of tue House.
=, MT DAWES, Mep.l OF Mass. Chairman OF the
the question was very serious one, Affecting the
power OF the House, and that therefore 1t required
the calm and ccnsiderate judgment OF the House,
II the Sergeant -at-Arms delivered up his prisoner
he would then be IN the sole custody or the
Cour-, and he understood the Judge had said tnat
when he got possession OF him and while he was
Keeping hun ne Uhe judge would be the Judge OF
the fitness OF the place where he would keep him
or would admit MN to BAN II ne saw d.: To ad-
NIT him to bail would be to throw the door open
TO mis- escape. With such an amount OF money III
his pocket and at his command 1t would be only
be worth while 10 pay any ordinary bah. He sug-
gesed that the question should be referred to the
Judiciary committee with Instructions to report
tomorrow.
JURISDICTION OF THE HOUSE,
The petition for q haDeas corpus although 1t
contained some matters not strictly true, set
forth with sufficient ciearness the fact that the
party was detained by order OF the House, De-
cause the House had adjudged him in contempt.
the Circuit Court OF the District in the Of
Nagent. who had been i'm prisOned by order of the
Senate for getting POSSESSION OF a secret Treaty,
had decided that every Court, including the SEN
ate and House OF Representatives, was the sole
Judge OF It's own contempt, ana that no otner
Court had jurisdiction to review its Judgment. IL
seemed very strange to him. therefore, that Judge
Macarthur, VITA the record before him, should have
decloed that he had jurisdiction.
MIR. MAYNARD, trep) OF Tenn, inquired whether
in the case OF the arrest o. one o. the John Brown
raiders in Boston the question mad not come up.
Mr. +. r. HOAR, repo OF Mass, sad that there
was nothing IN that case which touched this Ques-
was discharged on the sole ground that the per-
son who arrested him was not the Sergeant-at-
Arms of the Senate, and that ollicer had no power
MIR, SAYLER, (dem.) of Ohio asked Mr. Dawes
whether case similar to this had not been re-
Gently decided by the Circuit Court OF this Dis.
trlct, and had not the Court expressly decided
that It had no jurisdiction to interfere with com.
mitment for contempt of the House.
Mr.. DAWES replied that substantially that de-
csion had been made, and the attorney who had
applied Ior me writ in tnat case mad been repri-
maj ded by the Court for not stating that the
parry had been committed Tor contempt OF the
Senate.
referring the question to the judiciary Commit
tee, and instructng the Sergeant-at-Arms not to
produce Irwin before any court, officer or tribunal
till the further order OF the House.
Mr.. CESSNA, (rcp.) OF Pa, suggested striking out
the last clause OF Mr.. Hale's resolution.
Mr.. G. +. HoAR suggested the appointment OF q
select committee on the subject.
Mr.. LAWRENCE. rep.) o. Ohio, made legal ar
gument and quoted authorities to show that no
court had right TO interfere with the House in It's
dealing with party for contempt.
Mr.. HAwLEY, rep) OF Conn.,, argued tnat the
Sergeant Arms suOuu be SimCly N
INFORM the Court that ne held Irwin under The
full authority OF the House, under commitment Tor
contempt OF the House.
THE STATUTE OF HABEAS CORPUS.
Mr.. KAssON, rep.) OF Iowa suggested that the
difficulty was presented by The statute when re-
CURED III cases OF habeas corpus that the body OF
the party held IN custody shall be produced when
the return Is made. The statute specific That
the body must accompany the return. He there
fore suggested a resolution that, pending proceed
ings on the writ, the Sergeant-at-Arms be in
structed to keep the party In MS custody when he
produces hiTn In court.
Mr. ELDREDGE, tdem.) OF Wis.-Is not that vio-
lation OF The law In regard to the production OF
the BODY