The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-04-17

"and the independence of, the judicial de-
apartment OF the government"
The same constitution IS the organic law
of the land to-day as in 1861, 1864 and 1868.
The powers OF congress over the liberty of
the citizen has neither been en-
larged or abridged. Now, ns then.
the /" judicial power of the Uni
ted States IL vested in the courts,
while only Legislative power" is vested in
congress- Now, az then, tbc constitution
provides that 'the right of the people 10 be
"securo 10 their persons, houses, papers
"snl effecie, agaiosi unreasonable searches
"and seizures, shall not be violated, and
"no warrants ahsll issue, but upon prob.
cable cause, supported by oath OF siilrma-
elton, ard particularly describing the
".placc to be searched, and the persons or
ceilings to be sezed.' Now, as then, no
person can DC deprived of liberty "without
"duc process OF law
Yet, since the opening of the present
session OF congress. the democratic major
ity of the house Of representatives has gio-
lated every one vi these constitutional pro-
visions, have gone counter 10 every one Of
these declarations--and tha., too, in the
single case of Hallett Kilbouruo. To say
nothing Of the thousand and one other &C.
cret Investigations, they have, in the invcs-
| LEGATION wherein he ia witness, substituted
tue arbitrary arrest of hiG peison and a
" secret star chamber inquisilion for the
" constitutional tribunals = they have al
tempted to seize HIS papers, and have actu-
ally seized bis person, without warrent
founded upon oath or atlirmatioD they have
deprived him of his liberty without due
process Of law they have usurped the ju-
dicial power OF the United States they
have refused to receive bail or to surrender
him 10 the constiutonally qualified courts
for trial, although he is under indictment
for the eame oifenso for which they are
now deprivipg him of hia liberty; aud, fin
ally, they have disregarded the writ of ha-
beas corpus "that most sacred writ of lib
ariy.'
They have done all this simply because
Kilbourne, IN a proceeding unknown to,
and unauthorized by, the constitution has
refused to disclose hi' private affairs and
produce his private business papers-af-
tairs and papers with which congress and
tho country have no concern, and which,
as he testified, would not implicate, or
tend to implicate, any member or officer of
congress or tie government in any unlaw-
full or dishonorable trar saction. Moreover,
he is restrained # his liberty and the
house refuse to deliver him to the courts
for trial for an ofcuce, if it be an offence,
for which tie laws make it the duty Of the
court TO try him, and for which, in DC
cordance with law end upon the virtual
complaint e tie house, he is under indict-
ment by the hcuse---an offence, too, for
which, under the constitution and laws, be
IS entitled to give bail during The tendency
VI the proceedings against him.
II congress- has the right and power Ia
nprison Kilbourne on bare suspicion
for that is all it amounts to-
hat be is Withholding information that
would be proper evidence before o commit
&c, then the personal liberty Of no citizen
is secure. The court which is brought tc
l siand-still by this action Of congress is p
mere creature of congress, and We can OK
pect no relief from il. AS the case now
stands, ii 10 con lress 'o1a usurpation
against the power Of the courts. The
court is powerless through fear. No court
would commit citizen on so flimsy pre-
text az that on which kibourne is held
but the liberty OF the citizen is insecure be.
cause the subpoena Of congress can reach
throughout the country and bring citizen
Of Vermont, as well as of the District OF
Columbia, within the jurisdiction OF con
gress aud then farewell TO personal liberty
if Kilbourne'5 case is TO be a precedent
II is no answer to say that without the
power to punish for contempt investigation,
must fail for it ia far better that investi
satiOns-especialy such as seek only politi
cal capital-should fail than that the con
3titution should be trampled under foot and
he right of personal liberty should be i'm
periled. The supreme court of Maasachu
sets, as it seems to ue, disposed of this
whole question when they denied the power
Of common councils Of citi; TO mprisor
for contempt, because of the constitutional
provision that no citizen should be deprived
of his liberty without due process of law
If the courts of the District OF Columbia
, were alike fearless, stop would be put tC
this species of congressional usurpstion
And il congress was composed Of states
men, instead of politicians way might bt
found by which Investigations could BIZ
made effective without resorting to usurpa
tions or papable violations of the constitu
! lion.
THE FREEDMEN's TRIBUTE TO LINCOLN