New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-04-17

IN CASE or AGREEMENT AN UNPLFAsANi NJ -
LIKELY TO CONE TO TIE sERGEANT-ATARMs-
HISTORY OF THE CASE.
lBY TELEGRAPH TO THE TRIBUSH.l
WASHINGTON, April 16.-No more important
ques n been raised in the House OF kepresen-
tatves than that brought yesterday by the Committee
ON the Judiciary with the resolution directing the SER
geantat-Ams not to produce the body of Hallctt XII
bour in the United States Circuit Court for this Dis
trct In obedience 10 the witt Of babeas corpus For Tire
first me probably IN the history OF this country con
nict Of Jurisdiction likely to arise between the
Judiciary and one branch Of Congress- and on proper
solution of this controversy may depend very important
consequences
The case a. II presents ITSELF s this: Hallet XII
bourn while being examined before the Committee OF
the House. refused to certain questions pro
pounded to him by the Committee, and to produce cei-
tain papers called for. Thercupon the House ordered Its
seIgeaut-atAuns to take him into custody and TO keep
him In confinement In the common Jail OF the District
until II gives further orders Subsequently the Speaker
certified TO the DstrctAttOncy that Kbonrn hal vo-
lated statute OF the United States by refusing to answer
questions asked him by authority OF the House, ana he
indicted by the Grand Jury, ana finally the Judge OF
the Circuit Court OF the United states for the District has
issued writ Of habeas corpus directing the Sergeanat
Arms TO surrender the body Kboun to the custody OF
the Court order the of his Imprisonment aud
The authority under which 1t il imposed may Be properly
investigated.
This writ the Committee would by s report, instruct
the Sergeant-aAIms dlsobey, far the production
and surrender the body Of the prisoner Is concerned
and from the DRIFT OF discussion yesterday, tic House
seemed disposed TO sustain the Committees report,
although many Democrats think today that 1t VIII be
be defeated But the very OF this writ 10 the
possessi Of the body Of the prisoner by the tribunal
from which 1t Issues ana. according to repeated decisos
Of courts the Investigation which IL cOnemates cannot
proceed without it. The theory which such an inves
gaton proceeds is that the prisoner and his custodian
shall placed equal footing before the court and
in order tbs the former must not only be pres
out but must be taken out OF the power of the latter
writ Of habcas wthon the corpus would be conradic-
ton In terms and the body cannot be in the custody OF
the court long Ia kept IN DURANGO by any other
authority.
In the Irwin ago this same question arose,
and the Court when the sergeant-at-Arms appeared
without his prisoner absolutely refused to proceed
single step argument in his absence When
taken into court tho Judge decided without
hesitation that he held BY competent authority ana
renanded him to the custody OF the Sergeantat-Arms
IL should DO remembered that the question rai2ed
whether Klbourn is properly imprisoned or not
though that viii DO involved II the Court gets
possession Of his body, but whether judicial
inquiry can be made into the circumstances
Of his impr sOninent and the authority by which he Is
detained the House directs Its officer not to sur
render Kilbourn Tuesday next, and he appears in
court without his prisoner motion viii probably be
made for the issue Of attachment against the Ser