National Republican. (Washington City (D.C.)) 1872-1888, 1876-04-29
TYRANNY REBUNED.
ICensinved from First Psgt.,

The elense, then, Is made up of two things
the refusal TO produce the papers and the refusal
70 give the place Of residence and the names o. the
is again described In the same words In the report
Of the committee to the House, IN the proceedings
bar Of the House to show cause. in the certificate
of the Speaker TO the District Attorney, and in
the Indictment presented By the grand jury. In
fact Is consented on all sides that the ofense is
But IL Is urged, although one ofrenss. II meets
its several punisnnents IN the several forums for
the courts In the penalty Of transgresson; in the
House, % make him testify. IN one plsce to
visit him with the penalty for what he has done
This prosecution avows the doctrine that, In ad.
dition to penalties and punishments for contempt,
Wit s Tss Dover IS
BILE from penalty is not given by the Constitution,
IN express terms either to courts o. Legislators;
stftution, or found In the genius Of our institu-
tions or the spirit Of the people. It is 50 obnox-
sally in the courts Of the country that they viii
not even permit confession Of guilt under duress
Ifby coercion 10 meant merely the Influence
testify, coercion enters into the law provided for
the punishment, and Congress has already pro
ioF sss
Into this law for the punishment Of coutempts, it
renders the House helpless in the way 81 en-
this be SO, the reply is that Congress is the law
making power Of the country; and II the law that
they have instituted is inadequate TO the end
law will supply the place of the inherent and I'M
defined authority Of either House, they have the
the underlined authority displaced or defined BY
this statute. sIlr
The power Of punishment under the statute Is
Of punishment for contempt, but in definition and
expression oft. A repeal Of the expression and
limitation Of the exercise Of the power leaves the
subject where the statute found 1t.
With the Judgment of the House in contempt
Its power topunish terminated, and the punish
ment prescribed by law supervened: In pursu-
the Speaker certified the offense to the District
Attorney, and the grand Jury found bill against
risdicton Of the court charged with trying the or
Tense stated to which tribunal feel 1t my duty to
cannot dismiss the subject without noticing
the fact that the chief labor and learning ex.
pended in the argument before me with great
ability has been devoted to the enlightenment Of
questions not brought into my decision-argu-
ments illustrative Of the power or want Of power
to institute the investigation the obligation Of the
whether the question Belongs to the House esRep,
resentativesor the courts and whether the relator
was bound to uncover the history OF his private
business as contribution TO the Investigation.
The conclusion which have reached as to the
office of the statute renders II unnecessary, II not
improper, to determine these questions now. They
relator under the Indictment and should be passed
upon by the tribunal trying that issue.
at the conclusion Of the reading his Honor re-
manded Mr.. Kilbourn to the dominion Of the in
dictment.
Mr.. Shellabarger called his attention to q case
in I'D Wallace, which had just been issued, and
said that he did not know whether, If IL had been
previously produced, itwould have had any weight
with his Honor.
Justice Cartier replied that he knew nothing
about It, but the cases Of contempt could be found
in all the law books.
Mr.. Eldredge. win your honor fix and take
bail? -
Justice Cartier. No; that must be done before
the court having Jurisdiction over the Indictment
am not holding Criminal Court.
This concluded the proceedings in chambers,
and Marshal Sharp, with his prisoner, and accom-
panied by counsel and friends crossed over to the
east wing Of the building, where q consultation
was held with District Attorney Wells, and the
bail was fixed at 5000.
. Later in the day Mr.. James N. Latta, partner
Of Mr.. Kilbourn, qualified as surety, and the ac-
cused was admitted to bail.