The Portland daily press., 1876-04-18
Fort, Fourth Cougress-First Session.
SENATE.

WASHINGTON, April IL,
Mr.. Mitchell, from the Committee on PIivi.
leges and Elections, reported resolution to
pay Mr.. Pinchback a sum equal to the COM
pensation and mileage of Senator from the
beginning of the term for when ne was a
contestant to the termination OF the contest by
the Senate. Ordered printed aud lie on the
table.
After the impeachment proceedings the con-
sideration of the bill authorizing the repave-
ment of Pennsylvania Avenue in Washington
was resumed.
The bill was reported to the Senate, and
pending discussion the Senate at $40 went into
executive session, and at O'Clock adjourned.
HOUSE
The District of Columbia business being in
ORDER was laid aside till next Monday.
The Kilbourne habeas corpus case was taken
up, the Speaker announcing that IL members
had the floor.
Mr. Lord argued that the House had full
jurisdiction over Kbourne. While making
his speech message was received that the Sem
ate was ready for the impeachment proceed
ipgs. The House resolved itself into a COM
mittee of the whole (Mr. Randall in the chair,)
and proceeded TO the Senate chamber, led by
the Speaker and the Clerk. At l. So o'clock
the House returned and Mr.. Randall reported
that the committee had accompanied the man.
ayers 10 the Senate chamber to be present at
the opening of the impeachment trial of Mr.
Belknap.
The House then resumed the consideration of
the Kibourne habeas corpus case, and was ad.
dressed by Mr. McCrary of Iowa. He favored the
resolution reported bv the minority directing
the Sereeant-at Arms to produce Kilbourne
before the court) as a safe and proper course to
pursue. If there were doubts and difficulties
about the case he thought that they might be
solved in favor of the liberty of citizen.
Mr.. Hooker OF Mississippi supported the res
olution of the majority of the committee urging
that Kilbourne's impeachment He appealed
fn q mi tn fnrn 10
of case in which the highest tribunals of
the land can be set at defiance by those whose
wealth enables them to employ great lawyers
and to array strong body of friends at their
back.
| Mr. Frye of Maine reminded the Democratic
side of the bitterness with which the Democrats
| in the last House had resisted the proposition
| to give the President the right to suspend the
writ or hdbedS corpus in the Southern states,
| and now the Democrats were proposing the
eternal suspension of the writ in regard to both
| houses. In view OF the large number of wit
nesses now being summoned before the CON-
mittee from all parts of the country, it might
happen that before the end of this Congress
the House might have hundred American
| citizens where it now had Hallett Kilbourne.
Mr.. Huflbut of Illinois took the same side of
the question and argued that any gentlemen
| who took the opposite side necessarily assumed
that theHouse OfRepresentatives was above the
law of the land. For one he was not inclined
| to admit that.
Mr.. Tucker of Virginia proposed an amend
ment to the resolution reported by the majority
of the Judiciary Committee, directing the Ser.
geant-at-Arms to appear by counsel before the
court and make motion to quash or dismiss
the writ, or to take such other procedure as he
should be advised, to raise the question o.
legality and propriety of the issue OF the writ
on the facts stated in the petition and COM
plant; and as preliminary to any return to the
same, and that in the meantime he retain the
custody of Kilbourne's body and not produce il
without further orders of the House.
Mr.. Garfield suggested that in the irwin
h0beaS corpus case last session, where the same
course WAS resorted to. the indga would mo-