National Republican., 1876-04-04
TYRANNY pRovoKEs REvOLUrroH-BAs-
TILE OF THE HOUSE OF REPRESENTA-
TIVES.

Hatlet hllDCurn, q citizen IN private bust
ness pursuits. without being accused OF
violating any law, Is summarily torn from
his family and business, thrust into dun.
geOn without any trial, and is there incar-
cerated with felons; and the very law en-
acted by Congress aud approved by the
Executive providing for trial in his case,
is arbitrarily ignored by the tyraunical
action of the House of Representatives.
branch of Congress which enscted the law
referring the whole matter to the courts of
justice.
Our readers are familiar with the facts,
but brief resume is not amiss, for it is a
matter which affects the rights Of every
citizen In the land. Mr.. KiLbourn was sub
pGnaed to bring before a committee Of the
House Of Representatives call the deeds,
"deeds Of trust, declarations of trust,
"priRted papers, copies, draughts, vouch-
"ers, documents, bills of exchange, bank
"checks, stubs of checks. ledgers, blotters,
" Gay-boOks, letters and paper writings,
"and all other books of accounts, maps,
&c, which might afford any informa-
tion in relation to certain of Kilbourn &
Lltta's real estate tran factions.
To this su6pHnG datces tecttm Mr.. Kill
bourn declined to respond unless some
person would first make an affidavit or that
the committee or some one of them would
assert any known fact by which the expos
ure of Kiibourn & Latta's private books
and papers would reveal something about
which the House Of Representatives had
the right to inquire. With the compliance
of either OF these propositions Mr.. Kilbourn
expressed his willingness to furnish all the
documents asked for and answer such ques-
tiops as the committee might see proper to
PROFOUND; or. TO use his own language,
"a will give you all our books and papers,
"and give the whole history of our firm
from the day Of our baptism until the
present time"
No person made an affidavit, no one Of
the committee asserted any fact which they
intended or expected to prove by the over
hauling Of Kilbourn & Latts's private
books and papers, and Mr.. Kilbourn,
therefore, declined 70 submit his private
business affairs to the inspection of the
honorable committee, likewise Columbus
Alexander, Thorton Smith, Professor Will
cox and Counsellor Christy, "aiders and
abettcrs in conspiracy" TO embarrass and
annoy prominent business firm.
NJ. Kllbourn rereated his willingness
and his counsel, Judge Black, renewed it
for him again and again before the COM
mittce and in his answer to the Speaker
to furnish everything called for if the COM
mittee or the House would assert the truth
of any fact connecting KiIbourn & Latta's
business with the public interest.
In Mr.. Kilbourn's answer to the Speaker
of the House, he said: "Now let the ques-
"tion be squarely presented. If the CON-
"mittee or the House has any we'll grounded
reason TO believe that the production of
"Ty private papers or the revelation of
my private business will promote any
public interest or remedy any public
wrong. and if either the committee or
"the House will assert that to be true as
matter of fact, the House and all its COM
"mitees shall have whatever is de-
"manded; or if any private individual will
"make oath that the papers asked for will
lead to the detection Of any misgovern-
"ment or the exposure of Mickedness in
"bigh places, they shall be open as day to
your inspections. On the other hand, 1
cannot acknowledge the naked arbitrary
right OF the House to investigate private
CUISINES, in which nobody but me and
my customers have any concern"
The fourth article of the amendment to
the Constitution of the United States pro-
vides that:
THE right of the people to be secure in
their persons, houses, papers, and effects against
unreasonable searches ani seizures shall not
be violated, and no warrant shall issue but
upon probable cause, supported by oath or
affirmation, and particularly describing the
place to be searched and he.Persons or things
TO be seized"
The seventh section of article one pro-
v:des:
"That no person shall be deprived of life,
liberty or property without due process OF
law
The act of June "a, 1874, section 104,
Revised Statutes, page II, provides that:
W IeEeNeF NllucSs SuInuOueu, dS nen-
toned in section l02, fails to testify, and the
facts are reported to either House, the Prcsi-
dent of the Senate or Speaker OF the House, as
the case may be, shall certify the facts, under
the seal Of the Senate or House, to the District
Attorney for the District of Columbia. whose
duty it shall be to bring the matter before the
grand jury for their action"
Urder this statute the Supreme Court of
the District of Columbia. demanded the
custody of Mr.. Kilbourn, that he might be
tried by the law of the land as duly pro-
vided by the act of Congress. To this de-
mand of the judiciary of the United States
the House of Representatives arbitrarily re-
fused to comply, and thus set at defiance
coordinate branch of our republican form
of government, branch of government
which was established by the people as
tribunal before which the humblest citizen
is entitled to protection of his constitutional
rights.
The above is brief recital of the facts
in the case, the Constitution of the United
States, and the law of the land as enacted
by Congress, and yet Hallet Kilbourn lin
gers in a dungeon by the tyrannical au-
thority of the House of Representatives,
which, while it does not dare to deny
the facts as stated, yet does defy the Con-
stitution and ignore the statutes of the
United States.
Was ever a more high handed outrage
committed by King or Cardinal of France
in sending citizens to the bastile than is
committed by the House of Representatives
in the Kilbourn case, in this centennial au-
of 'the land of liberty" to which
the oppressed Of all nations are invited to
come, and escape from the arbitrary and
tyrannical acts Of the rulers of the Old
World