The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-04-19
The Eilbourn Case.

s. III he hnDOuIA SS>oSs go is5
sr,,are was an interesting debate in the
srfa,,se al Representatives last Saturday in
S,s,atinn to the case OF HALLET KILBoURS,
Who was lying in Jail under an order OF COM
! paitynent issued by the House, and In whose
case writ OF habeas corpas had been Issued
ne the supreme Court Of the District. The
question before the House was whether the
Arms should be directed to make
! return to the writ stating by whose au-
thority KiI.BoURs was held, but not taking
his body before the court, or should De
directed to take the body. OF klLBoURN De-
/ fore the court as we'll as make the return.
To Is an interesting question. Mr.. hURp, Oh
i Ohio, spoke in favor OF the former course,
as did also Mr.. HoAR, Of Massachusetts,
both good lawyers. hessrs. KELLY OF
PENNSYLVANIA, GARFIELD OF Ohio, kAssoN
y OF Iowa, and others, seemed to doubt the
right Of the House to treat the writ OF
: hc5eas corpus as Mr.. HuRD proposed.
Mr.. HURD and Mr.. HOAX maintained the
authority OF the House to punish for con-
tempt, whether the question was lawful or
unlawful for refusing to answer which the
prisoner was detained. They claimed that
tho House was the final court III such cases;
that its decisions could not be reviewed;
that the imprisonment might last as long rs
the House itself existed, and OF course In
the case OF the Senate, perpetual Dody,
might last forever. This is dangerous doc
trinc. 1t is all brought from England. 1t
!. Is based upon decisions OF the British Par
lament. No doubt can we'll be felt that the
power Of Parliament is just such rs II Is
said to be. But Parliament is omnipotent.
It is restrained by no bills OF rights
nor constitutions. Its decisions IN such
eases were made in the interest OF the
people, and not in its own interest.
The habeaS corpus act OF CHARLES Ii.
was passed to protect the people from the
mower of the throne. So the House OF Com
mons. Jealous of its authority and represent
ingthe people of England, when it made the
decisions referred to by Mr.. HURD and Mr.
HOAX, was compelled either thus to main
tain its authority or see the men 1t held Tor
contempt set at liberty by judges appointed
by the King. JEFrREYS would have opened
all the iails in England ii the King had told
him to do so, and Parliament had permitted.
1t does not follow, however, that because
the British Parliament possesses this i!limlt-
able power Congress possesses it. 1t IS
question On which much may be said on
both sides. For example, Mr. HoAR argued
as follows:
This was the question before the House:
Was the extent OF the rights OF tins House
limited BY the discretion and by the ludg-
ment OF single Judge OF the Supreme Court
of the District OF Columbia? II so, then that
court had the right to do the same next week
to the Senate; and il, when that august tri-
bunal mo more august and no higher than
this body in the sight Of the Constitution
was organized TO try the Secretary OF War
or the President OF the United States, MIR.
Marsh, or some other witness, when ques-
ton was put to him, would say, "On the
whole, I do not think / will answer that
question:" and the Senate committed him
for contempt, then Chief Justice Cartier
would have the right to say ''Take that
man out OF the custody OF the Sergeant-at-
Arms and bring him before ME, and will
see myself what think OF that question"
When PAT. WOODS was arrested in Rich
nond for assaulting CHARLES II. PoR-
Ter here, and taken to Washington and
Kept in Jail as having been guilty OF con-
I emit Of the House Of Representatives, we
bought great outrage had been perpe-
trated upon the rights of citizen. We
have not changed our opinion. We are not
! sure but that the prisoners body ought in
every case to be taken before the judge who
J issues the writ Of hdbcas corpus. But what
ever the law may be now, it would not he
aniss, in view Of the rapidly growing power
of Congress and its manifest disposition to
j stretch its authority to the utmost limits, to
L provide in an amendment TO the Constitu.
tion some sort OF protection OF the citizen
against the usurpations OF that body.
P.,S. The above article was set up in type
on Monday, but was crowded out by adver
tisements. On that day the House refused
n 10 adopt the course recommended by the
committee, and adopted the resolution O.
4 Mr.. LYNpE from the minority of the com
mittee. RAN. TUCKER made fine effort ant
nut down BLAINE. But he was wrong again
3 He pleased the House, but could not carry
it. He was unsuccessful in bis movement
He contended for unlimited power on tho
part OF the House. That doctrine vii
never be accepted in this country whilst W.
continue to have even semblance OF fre'
government. Nevertheless, Ran. voted TO
LYNDE's resolution when he found that h
could not get his own.