New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-16
By TELEGRAPH
CONGRESS-.

-e House, f& ~.
WAsHmdloH, April l5-1he bill onthoe
izing To President of the Senate 70 ID
misaster oeths in impeachment passed.
The diplomatic epptoprietioq bill ~
imported with notion that the HoVse nm
concur IN the Senate amendments, but
without action It was ordered printed and
recoqmitted There 10 deadlock in the
bill An the appropriation. =
Tho resolution reported. by tie Jadioiafy
Committee directs the Sergeant. .at.A Arma "a
make . careful return to tho writ, sett11i r
out the causes of the detention of Kilbouen,
and to retain custody Of his body, and not
to produce it before the juee or court
without farthe{ order Of the House.
intimated that the testimony of Kilbourn
pight implicate high officials Of tho gov
eminent and require their impeachment.
Out all efforts in the direction Of the IN
vestigatlon would be thwArte1 If ho q ko
allowed to Re taken ont of the opntfol and
|npwer Of tho House by . court which was
The creation of Congress- He cited various
authorities, both lin this country and
England, in support of the position taken
BY the Judieiery Committee.
M: M; Ga.asid ;ss .S sSaegessed that the court
contempt Of its authority in not obeyinx C.
ordex and asked what relief the HOUSE
could give himi Could not the 'court I'M
prison in succession every Sergaenteat-
Arms, and every dputy sergeant 5t-arma
who would answer tho writ without pro-
ducing the bodyi WouN his cohlaxue|
say how tho HoQses tho court would ~
ont of that invd0 (1ments
Mr.. Hurd. thought that the remdly
xoald b very easy; 1t would be for. the
sergeanta Arm. y tfpply 70 the eupfsne
appellate reyisory Jurisdiction. and thus t9e
Er. Gar6sid-C.n the Supreme Court II
the United States revise . 1Afte uf cob
tempt In the codr1 belowi =
II. HWdA Alt con, and .thSt q tho peopo-
sleion which have been mSintnlnmg III
tho tiDe, that where court POSSESSES ap-
pellate aad revisoIy jurisdiction and 6e
facto can be bsought before it BY . Wit Sf
eereiorari. it can Judge Of the c9atempt:
whether he claimed tAAt tho House had
power to pdnish for c6ntempt regards e
tho fact whether the question which XII
bourn refused to answer WaD lawful or IN.
lawful.
Mr. Hurd replica that tks subject matter
was entirely withi1 the discretion Of the
House, aud that tbs .sdJudicafion Of the
Hcsse was fnal and Conclusive "a ovely
''sSs Il 1ss Tsys@s: that. .pllo4o.1{t. you T.
tempt, and may disregard entirely I IL thssI r.
gality or ilegality Of the question soked.
Is there any limit to tho time Of puniah-
ment( xcept the He oY the Housei
Mr. Hurd-Th1t b . matter in dispute,
and which has not been settled.
Mt. Frye-In your opinion, 10 there any
limit to tho time Of punishment except tho
life of the Housei
Mr.. Hurd-ln ny judgment. the power
to punish expires with the House.
Mr.. Frysen that power inheres IN the
House of Representative dees it not also
inhere in the Gpnatei
Mr.: Gar6eld-Which never dies.
Mr.. Hurd-Unquestionably it aoee.
MI. Frye-Then this result would follow
that the Senate may punish . recusant wit
neaD for contempt regardless entirely of
whether the question which the witness re-
fused to answer, was Lawful or unlawful,
and mighthold that citizen in jail during
his lifei
MI. Hamilton, Of New Jersey-can not
any court do the ssmei
Mr.. FryexNo! No court in Christendom
can II, Of any other power.
MI 1ynde, Of Wisconsin, . member of
the Judiciary Committee, offered, on behalf
OF the minority, . substitute for the reso1or
tion directing the Sergeant at-Ar1nst to mako
. careful return p the writ of hsbeas cor
pus, that the prisoner IL duly held by the
authority Of the r NpuSs Of nepresen. ~ aves
in proceedings against him for conte4pt,
and to take with him the body of Kilboern
before tho 6Acourt. .wheA making such return.
= proceeded to argue in support u the
Dubstituta and the discussio6 CONTINUED
Til dv6 O'Clock, when NJ. Hurd 9sve
notice b would call tho previous question
I :s'aa;sss. ss'ss ss'>'f q Monday s1A' H''.'