The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-04-18
TN. Observation-Disclosures

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url,y last the judiciary Committee of the
ucu.c reported resolution directing the
s,rgcant-at.Arm to make II careful re-
turn to the writ. setting ont The canSoS
| of detention Of kilhonrnc, and to retain
custody OF his body and not Ia prodilr"
| il before the judge or court Without
nthcr orders from the House.
Mr.. Ilurl. of Ohio. who represented
the committee on the floor. made an AZ
gimcnt in support OF the resolution. lie
intimatcd that the testimony Of kilbournc
might implcatc high officials, and that
all efforts in the direction oi inycsliga-
ton would he thwarted II hc were taken
out OF the power OF the House. No SUI
bordinate court should he allowed 10 ~
tertrrc with the jurisdiction OF the House
or of superior court.
Mr.. Garfield suggested that the court
might punish the Scrgeani-at-Arms Tor
contempt in not obcying it, order, ana
asked what relief could bc given him.
Mr Ilurd thought the remedy would be
very easy. 1t would be for the Sergeant
alarms to apply to the supreme court
of the 1. :, which had an appellate and
advisory jurisdiction.
Mr.. Frey asked Mr.. iIurd whether the
House had the power to punish for con-
tempt. regardless of the fact whether the
question which kilbournc reiusc1to an
swer was lawful or unlawful:
Mr.. Ilurl replied that the subject mat
ter was entirely within the discretion L"
the House.
Mr.. Frey inquired whether there wa.
any limit TO the time OF punishment cN-
| ccpt the life Of the House.
Mr.. lIurd replied he thought the power
to punish expired with the House.
Mr.. Frcy-If that power inhercs in the
House of Representatives doe it not in
here also in the Senate:
Mr.. Gariield--Which never dies.
| Mr.. MISUNDERSTANDING il doe.
Mr.. Frcy--Thcn tins result would tol-
low, that the Senate may punish rccus-
ant Nitncs, for contempt, regardless en-
| tircly of whether the question of which
witness refused To answer was UNI
lawful, and might hold that citizen IN Jail
during life.
Mr. Lyndc, n member OF the judiciary
committee, offered. on behalf OF the mi
nority. a substitute Tor the resolution,
directing the Sergeant at-Arms to make II
careful return To the writ OF habca, cor
pus that the prisoner i, duly held by au-
thority OF the House in proceedings
against him Tor contempt. and to take
with him the body OF kilbournc before
the court when making such return. lie
proceeded to argue in support Of The Sub
stitulc. The question was, whether the
House would deny 10 citizen of the
United States. imprisoned by it, order,
| the right OF "A hearing before the court on
( dent were established it was of import
ancc that the American people and the
| courts should understand il. II in the
| exercise Of its privileges the fiou.e CIR
| croached Oh the liberties OF the people
| those privileges would be reviewed and
re-eXamined, and members would be re
turned TO the House who would respcc
the constitutional rights and maintain tn
| liberties of the people.
Mr.. Kasson hoped the time wa, long
| distant when an American citizen whose
property or liberty was involved was to
| find his final court in the House OF Rep
resentatives. The proposition here wa,
that citizen should have no review be
fore court, no appeal to any other juris
diction, no possible reconsideration Of
Judgement Of the House of Representa-
tives. Was that within the meaning 0
the constitution when il declared that tn,
writ of habsa, corpus should never b,
suspended except in time OF war or inva
sion: He denied the existence OF tina
right and challenged the prosecution IL
country where the House or the Senat,
had denied the right of court to dccid'
on the question OF personal liberty an,
personal right. That was what th'
House was now proposing 10 do. and i
would have to be done by yeas and nays
| The House would have to decide wlethe
1t would establish a precedent, for tn
J first time, that citizen who refuses t.
testify before it was denied the grca
right over which nations had foaght an
for the security of which many lives wcr
lost.
Mr.. Lawrence, a member of the judo
larry 'ommittcc, advocated the rcSolu
ton OF the majority, aud laid down AM
elaborated on four propositions First
That the House had the power to inst
tutc investigation, and to summon am
cNalnnc witnesses through it, commit
tec>. Second, That n AN incident If lhi,
: power, the House had authority to judy
u cohtcmpts on the part OF witnesses in +,
: iuslng TO testify. and to punish them b
imprisonment Third, That the iud.
a mcnt OF the House is final and conclu.i,
= a to it, jurisdiction, and rs to the rigl
aud cNpcdicncy exercising it. By II
sentence OF imprisonment, it followc
that no court could inquire into the iuri
&c diclion OF the House to impri,ioh durin
ie the existence OF Congress. and iourtl
H. That this rule had not been changed !
,y any statute.
!" Mr., Kelly argued against the rcsoluli,