Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-01-16
The Irwin Habeas Corpus Case i'm q
HAASR-
HOI SE.-Aftor our report closal-

Mr.. Butler Mass gave notice that on
Monday ne would offer a resolution % cover
the japanese indemnity fund into the Treas
\ number of private bills were then con-
sidered and severally disposed Of
Mr. q. +. Hoar, Mass from the select
committee on Louisiana out RACES, submitted
report, which was ordered to be printed and
recOmmitted.
Mr.. Hoar gave notice. AZ the same time.
that the committee would continue the in
veStigatiOn.
Mr.. Dawes then called attention of the
House TO the matter of the custody Of Irwin.
He related the proceedings in the court To-
day, and called attention 10 the fact that the
order of the House last night. a. finally
amended and pass II, did not directly charge
the Sergeant-at-A rms TO retain the cUStol "
OF the prisoner. His colleague on the c nm
mittoe Mr.. kaSSOnl had an amendment 10
offer, which he MIR. ID thought would cover
the case.
Mr. KaSson then offered an Order that the
Sergeant-at-A Arms be directed, with counsel
to make respectful return To the nudge that
he mas the said Irwin I'm his custody pursu-
ant 10 an order OF the House in pursuance OF
its judgment; that the said Irwin was in
contempt, and that its order was To Ike np him
IN custody until he purge himself of such
contempt, ana that he respectfully inform
the judge that, as an officer of the House he
could not diSObey its orders that i'm any way
would, by surrender or transfer of the body
OF said Irwin, relieve him from his custody:
and that he be directed TO exhibit n COPY of
the order of the House, duly attested by the
Clerk, with the warrant Of the Speaker to-
Sether with this order.
Mr.. kaSson said a false statement had been
made in the petition, that the prisoner is held
under the statute of 1861. 90 await the action
of the grand jury, and this was made "A point
OF considerable weight before the court and
II was for this reason the language OF the or
der was used.
Mr.. Butler Mass said this question OF
personal liberty and the writ OF habeas corpus
should have a calm and dispasSionate con-
SideTation, for the impasSioned judgment OF
men was not always the Judgment OF men
who came after them. Perhaps there was no
better evidence of this than to hear a radical
republican quoting the decisions of Chief
Justice fancy. DIFFERING TO an extract read
by MIR. Dawes. lLaughter.l He urged DELHI
Grafton i'm the action of the House; argued i'm
favor of the right OF the judge 10 demand the
production of the court, and RAISED the point
whether one branch OF the legislative power
could suspend the writ OF habeaS corpus.
MI. Tremain IN. W produced a number
OF references in English parliamentary pro-
ccedings and III the courts 10 sustain his
position that the House was the final judge
in the case.
After further debate. Mr.. Beck offered an
amendment directing the Sergeant-at-Arms
to make return that the prisoner is held by
the House of Representatives To answer to
any proceedings against him for contempt,
and that the SeTgeant-at-Armst take with
him the said Irwin when making such
return. He contended that that was the law,
and the House should obey il. 1t was not
Irwin, but IL any one was i'll contempt ii was
the Judge. The House did not know what
was set forth in the petition, and il was the
duty OF the Sergeant-at-Arms to obey the
writ.
Mr.. Butler (Mass) asked if the Surgeon
General of the Army and the Surgeon Gene
raj of the Navy had not certified To the Ways
and Means Committee that Irwin's health
was not Imperfect by his Imprisonment IN
Jail.
Mr.. Dawes called him TO order, asking what
TRANSFERRED in the committee room.
Mr.. Beck declined 10 answer the question.
Mr.. Burrows (Mich.l Quotet a decision of
the supreme court of Massachusetts. holding
that the house of representatives OF that state
had right TO commit a witness for refusing
TO testify before COMMITTEES of that body.
but the supreme court had power TO inquire
into such commitment.
Mr.. Cessna offered an amendment TO the
substitute offered by Mr.. Beck, adding these
words: .And that he be further directed TO
obey the order OF said court in the premises"
The amendment was rejected.
The question of adopting the substitute of
Mr.. Beck was then put, and the vote result
Sd-yeas ~, nays IS.
Mr.. Dawes demanded the yeas and nays,
which were ordered, and the substitute was
adopted-y0as l07, nays 81.
Mr.. Kasson (Iowa) changed his vote 70 the
Affirmative, and gave notice that he would,
without reference TO the present case, call up
the motion, deeming the question one or too
great Importance TO be allowed to 60 by
without further consideration.
Asamended, the resolution was then agreed
to- and, at Gas p. m, the House adjourned.