The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-04-18
7c5oMTe RTEIs7s..' l'a'7
HOUSE.
=gE. sWAsHINGToS, April 10!


The Kilbourne Case.
The debate on the Kilbourne habea'
eorpus case to-day was interrupted BY the
House, procecdingin,a q body 70 the Senate
no atte6dithe Dim peachnent trial ofSthe
late Secretary Of War. Returning there
from the discussion was resumed.
Mr.. Hooker said Kilbourne held the
key OF the prison in his own mouth, and
when he-odeyed The order Of the HOUSE
he would walk out free man. He ap
pealed to the House not to furnish an
other example OF the case with which
the highest tribunals Of the land can b
set at defiance by those whom wealth en-
ables to employ great lawyers and e
array strong, body1of friepds attheir
back. c2AcStn HSitSSs
Mr., Fryeremlnded the Democraticsid.
Of the House Of The bitterness with which
1.-The Democrats in The last House had re-
sented the proposidonto gfve'the Presi-
dent the right to suspend the writ q
habeas corpus in the Southern States, in
which resistance, he said, the gentleman
from Pennsylvania Randall had gained
world wide reputation, ] and now the
Democrats Of this House we're proposing
eternal suspension Of the writ of habeaS
corpus. in regard TO- both Houses oI
Congress FN-L. l. 4.-2.a 49,.
Mr.. Hurlburt argued on the same side
and said any gentleman who took the Op'
posite side necessarily assumed that the
House Of Representatives SaSi above the
law OF the land. For one he was not in
clined 10 admit thOt. uii6
Mr., Tucker proposed an amendment to
heresoluiion reported by the majority ol
the Judiciary Committee, directing the
Sergeant.at.Arms 10 appear by counsel
before the court and u, make motion "a
quash or dismiss the writ, or TO take such
other procedure us he should be advised
to raise the question, Of the legality and
propriety1of the issue Of the writ; ion The
facts stated in the petition and complaint
and as preliminary TO any return TO the
same, and that insthe meantime be retain
the custody of Kilbourne's body and
not to produce il without tile further
order OF the House. He declared himself
satisfied witllthe legality Of hthe question
asked Of Kilboutneiby The committee, and
Of the action taken by tho House on the
subject, and he was satisfied that any
| court which respected the law and the
precedent, would remand the custody Of
kilbourne TO the House, and he was well
satisfied that the American and English
precedepts sustained that position, That
| II any .iudfe SHOULD "a 4oias % .ssissTi-V iss
would bring himself very nearly within
the alternative Of either knowing nothing
about the law or Of corrupIly delying.
Mr.. Garfeldsuggested that in the Irwin
habeas corpus case last session, where the
same course was resorted to as hegenIle.
manfrdm Virginis nomsuggestsS Sthut isl
motion TO Quash the writ, the judge
would not hear the motion unless the
body Of the prisoner was,proluced.
Mr.. TuckGr-If he refuses 10 hear the
motion, it will snow that corruption has
spread from the real estate pool SO far aa
even 10 taint the ermine OF the judiciary
of the District. Applause on the Demu-
cratic side OF the House..
ALrs Garfield=There, would be just, aa
good q right itol say that the statemeni
which the gentlemen has made would only
have been made in case that corruption
has clear to the House, Counter applause
on the Republican. sidc1 and caused Jit tp
strike at the judiciary. I would'not say
that. ,.4; s..s,s-g.iyl.s 81 IUrt O. ssr--,:
Mr.. Tucker-I did not hear the gentle
mans rcmark, but suppose thetei was
nothing il it personal to myself.
Mr.. Gaffield-Oh, no. - i q
Mr. Tucker-The, Judge should be
imade TO hold the House by his conscience
| Il he has one, and bv' a power. nperior tc
lii Il he has not.
Mr., Blaine who was occupving chair
in an area Oh the /, Democratic side) in
Guired how a Judge could be made DC
ANYTHING by the House Of Represents
lives! -, .,as,9 ss7 Il .,r,.r * -
MI. Tucker-The gentleman is no law
YER "A he has often shown in this Ho nse
IfI Iou1bterou.the.De Democratic side:l--At,d
The Gentleman il perhans unaware tha,
when n JuJrc does, fpti do 'biy duty he
nav h" mads IN do so.
W.JRjs;ne. .ERy ordsr OF tbe HonseS
Mr Tnckcr-No sir not ,bo order oI
,be House, Tint shows again that the
gen,leman ia mi n LAWYER. but by a man.
en,vIro sm.,a fro,n 70 = b;,bcr conrt which viii
e mns,I him Kim to ersrc;.e The ;nrisdictiou
Sh;r% be ia reluc,ant 10 do. I never
Insw :, man to' disturb a nest but there
~ns @ ( sood .dsai ofrufflinr aboht IT, II
NV ~ amendment il adopted IL will present
he ones,ion to The Committee in such a
manner that The Judge Of the Court will
lie aided In deciding the question onithe
facts anpearinr in The petition.
MI FBlaine Said that he did not know
vbyt The eentleman from Virginia Tuck:
erl shonid have imaniiested 30 much rs.
| neri,y in the remarks addressed to him.
He iBlaineI thanked God that he was moi
4 n LAWYER trained In The school that tha,
Gentleman was. He thanked. God that
he was not a lawyer who .as Attorney
General Of Virginia had given an opinion
that the local authorities OF that STATE
might invade the Pos.oflice and compel
me Postmaster 10 give up the conten,s ol
the mail. He thanked God (thiS he said
with great yehemence Of manner) that he
was not that kind Of lawyer. CApplause
and encouragement on the Republican
side.1 40
Il q sN.-