The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-04-18
xLvTH CoNGREss-First Session.
WAsHISGToN, April II, 1876.
SENATE


business until 1880 O'Clock P. NJ, when it
organized into court OF impeachment for
the trial OF Belknap.
The Committee on Privileges and Elec-
tons introduced a resolution to pay Pinch
back regular salary from the commencement
Of the time for which he was elected to the
time of his rejection. Calendar.
After further unimportant business the
impeachment court resumed its session and
the usual proclamation was made.
Messrs. Carpenter, Black, and Blair at
tended Belknap as counsel.
The minutes Of the former session were
read. After other preliminaries, the Ser
geant-at-Arms made proclamation calling
upon w. W. Belknap to appear and answer
the articles Of impeachment.
Mr.. Carpenter arose, submitted plea,
which was read by the clerk, demurring to
the articles OF impeachment on the grounds
that his client (Belknap) before and at the
time OF his impeachment was not then nor
hath he since been an officer of the United
States.
The managers were granted till Wednes-
day to consider what replication they should
m axe to the plea.
The court adjourned to o'clock We'd
nesday. The Senate then discussed the
Washington-ayenue pavement bill until
adjournment.
HOUSE OF REPRESENTATIVES,.
The House to-day resumed the considera-
ton of the Kilbourn hdbedS corpus case.
The proceedings were interrupted by the
| whole House going in body to the Senate
to make formal impeachment, after which
the habeas corpus discussion was continued.
| Mr.. McCrary delivered an argument OF 3
legal character upon the authority OF the
House.
Mr.. Tucker, of Virginia, proposed an
amendment to the resolution reported by the
majority of the Judiciary Committee, di-
rectins the SerSeant-at-Arns to appear by
counsel before the court and to make mo-
ton to quash or dismiss the writ, or to
take such other procedure as he should be
advised; to raise the question OF the legal
ity and propriety OF the issue OF the writ
on the facts stated in the petition and COM
plant, and as preliminary to any return to
the same; and that in the mean time he re-
tain the custody Of Kilbourn's body, and
not produce it without further orders OF the
House.
Mr.. Tucker declared himself satisfied Of
the legality Of the question asked OF Kill
bourn by the committee, and Of the action
taken by the House on the subject, and he
was satisfied that any court which respected
| law and precedent would remand the GUS
| tody OF Kilbourn to the House, and he was
| so well satisfied that the American and Eng
| lish precedents sustained that position that
if any Judge should decide otherwise he
would bring himself very nearly within the
alternative or dilemma OF either knowing
nothing about law or OF completely deiying
| it.
Mr.. Garfield, OF Ohio, suggested that In
the Irwin habeas corpus case last session,
where the same course was resorted to as
the gentleman from Virginia now suggest
ed-a motion to quash the writ-the Judge
| would not hear the motion unless the body
of the prisoner was produced.
Mr.. Tucker: II he refuses to hear the
motion it will show that corruption has
spread from the real-estate pool so as even
to faint the ermine Of the judiciary OF the
District. [Applauss on the Democratic
side.l
Mr.. Garfield: There would be just as good
a right to say that the statement which the
gentleman has made would only have been
made in case corruption has reached clear
to the House-[counter-applause on the Re
publican side and caused it to strike at the
judiciary. would not say that.
Mr.. Tucker: did not hear the gentle
mans remark; but / suppose there was
nothing in it personal to myself.
Mr.. Garfield: Oh, no.
Mr.. Tucker: The Judge should be made
to heed the House by his conscience, if he
has one, and by superior to it if he has
not.
Mr.. Blaine, of Maine, who was occupying
a chair in the area on the Democratic side,
! inquired how judge could be made to do
anything by the House OF Representatives.
Lo &c Low
yer, as he has often ACKNOWLEDGEMENTS
the gentleman is perhaps unaware that when
Judge does not execute his duty he may
be made to do so.
Mr.. Blaine: BY order OF the Housei
Mr. Tucker: No, sir; not by order OF the
House. That shows again that the gentle
man is no lawyer. But by a mandonattS
from higher court, which will compel him
to exercise the jurisdiction which he is re-
luctant to do. I never knew man to dis
turb nest but there was great rutfling
about it. II my amendment is adopted it
will present the question to the court in
such manner that the Judge cannot avoid
deciding the question on the facts appear
ing in the petition.
Mr.. Blaine said he did not know why the
gentleman from Virginia (Tucker) should
have manifested SO much asperity in the re-
marks addressed to him. He (Blaine) thanked
God that he was not a lawyer trained in the
school that the gentleman was. He thanked
God that he was not lawyer who, as Attor-
ney-General OF Virginia, had given an opln-
ion that the local authorities OF that State
might invade the post-ofice and compel the
postmaster to give up the contents OF the
mail. He thanked God land this he SAID
with great vehemence OF manner) that he
was not that kind OF q lawyer. Applause
and encouragement on the Republican SIDE
OF the House,
Mr.. Blaine, who was still occupying po-
sition on the Democratic side OF the House,
proceeded in the midst OF considerable ex-
element: The gentleman represents, and
with great ability, that which is known as
the great States rights school, which received
its chief inspiration from Mr.. Jefferson and
other great leaders OF Virginia, and yet ne
stands here to plead that this House pos
sesses a power OF which there is no review
anywhere except in itself. Mr.. Jefferson
said expressly in letter that this Govern
ment was constructed so that absolute power
resided nowhere, and he defied anybody to
show that there was absolute power In any
department OF the Government. The ulsi-
mate judgment Of the Supreme Court OF the
United States may seem absolute, but II the.
mower or that court Ii abused the power OF
Impeachment resides In the House to punish:
IL. But the gentleman from rgInia, Pro
Teasing to represent the spirit Of Jedars9ni