The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-18
THE KILBOURN CASE IN THE HOUSE
Interesting Discussion on the Powers Of The
Legislature and the Judiciary.
The ARMY APPROPRIATIONS.
Belknap and Friends Organizing
an Attack on Custer.
FROM OUR SPECIAL CORRESPONDENT.

WAsHtNoron. April II, lt16
xHx DEBATE In THE HOUSE ON THE Ku.BoURN
HABKAs CORPUS cAsx-rHE POWER OF THE
COURT REcooNIzED-rHE REcusANr WITNESS
TO M PRoDucED-HIs DISCHARGE ANTIcI-
PArED.
The debate the Kibourn habcas corpus took up tho
day in the House, being taken late In tic day.
Il has boen lively ana unccmmoniy interesting de-
Bate. hciu In House most Of whose members had
gwen little previous thought 70 the question, and
be said in this instance that the debate decided
Ihe vote The discussion began Saturday upon a
resolution brought In by majority Of the Judiciary
Committee -
= That the Sergeant-at-Arms be directed TO make
careful return Of said writ setting The or the
detortion Of said Kbourn, aud retain the
eody Of his body and not to produce before the said
Judge or Court withou; further order Of this House
This was concurred In by Acssrs. Hunton, Ashe,
Lord, Hurd and Caulncld democrats, and Mcssrs Nc
crary. Lawrence and Hoar. republicans, with Mcssrs.
Knott and Lynde, democrats, and Mr. Frye republican,
dissenting. MI. Lynde moved substitute for the
luton 81 the committee
That the Sergeant-atArms DO and he Is hereby
directed 10 make careful return 10 the writ Of habeas
corpus tho OF Hact Klbourn; that the prisoner
Is held by authority OF the House Of kepres
answer In proceedings against him for contempt and
that tho SergcantatArms take with him tho body OF
said Kibourn before the said Court when making such
return, as required by aw.
To-day Mr. Tucker, Of Virginia. offered another sub
stute that the sergeantaArms be directed to appear
and by his counsel move the Court quash the writ
oihabeas corpus the ground that Il improvi-
IDENTIFY issued and, in the meantime, to retain the
custody Of the prisoner until further instructed by the
House.
Mr.. Tucker's substitute was voted down by large
rising VOTE and Mr. Lyndes resolution, which directs
The Sergcantat-Arms produce the body Of Kilbourn
boore the Court and make proper return or the
'or his detention by the House, adopted by u
large majority--165 to u.s. or those who thus main-
sained the force Of tho habeas corpus writ
wore democrats, IS were republicans and indcpen-
aonts Of those who voted against the writ ~
democrats only rcpublicans--namely. Mcssrs
seorge !. Hoar and Lawrencc-and was an indepen-
dent General Banks or those ~ democrats who voted
no, against allowing the writ 43 members from
Southern States Dir. McCrary, Of Iowa, who had
signed tho majority report Of tho committee, changed
his mind during the debate and to-day delivered very
able speech in support Of the sacredness OF the writ
and the proprety Of obeying the OF the Court
Aessrs Lynde democrat and Kasson and Garfield
republicans, also made able and important speeches
Kilbourn will be laKen the Court to- ten
O'Clock and the Court will then hear argument from
very able counsel the question Of the right Of the
House to hold him. Judge Black and Mr.. Carpenter
nppcar Tor Klbourn and Judge Sheabarger appears
The in effect support right OF
the House. Tho Court will inquire into the whole
matter and that 1t is competent 10 do was main
tanned by Mr.. Lyndc in his speech He said
What s tho object OF the habcas corpus? Il Is that
the party shall be brought the per-
son who holds him custody shall show the court
BY what authority he Is held What court Is tho
proper tribunal to pass upon that question
This House is hardly model body 10 pass
upon the rights OF personal liberty. We do deiber
ate upon questions OF legal rights with that coolncs
with that OF responsibility, with that learning ana
that the court possesses upon these qucs-
tons. We have established courts Tor the very pur.
pose Of passing upon tho rights of property and Tho
lights OF person. and the constitution has established
judicial department Of the government and vested in
Inc power TO pass upon such questions Gentlemen
who take the view represented by the report OF the
committee TO be afraid that the courts OF the
House. What right have they to suppose
shats We trust these courts with everything
trust them with the right OF properly
aud OF life; wc authorize them to pass upon the con-
nitutionaty or every law which passes Congress and
signed by tho Presidents they pass upon all these
questions, and gentlemen do not anticipate that they
going TO violate the constitution that they go
Ing to PROSTATE the rights OF property But here
case, because officer OF the House Is summoned be-
fore OF the courts required show by
what authority he holds Mr. Kilbourn in custody they
iear-whats Why they scnsitivcy Does the
gentleman rom ohio think that We have no right 10
hold MIR. kbourng Is he afraid that the Jurisdiction
Of this House over the subject matter cannot be sus
taincdf He has reason TO do that To do
80 Is lowering the courts and lowering this House.
We have decided that VIC have authority, that have
this man TO be imprisoned Tor violation OF he authority
and privileges OF this House and the gentleman no
right 10 suppose that the tho country will
decide differently.
The resolution to obey tho writ, which was adopted
to-day. is the which adopted last year the
OF Richard Irwin, and IRWIN then taken before
The Court and RENTED again 10 the custody Of the
House.
There Is strong impression tonight that Judge Cart
ter VIII discharge Kbourn. He will probably all
the questions at IN his decision. OF which
relate tho power OF tho House to inquire into tho
private business of citzous and what limits there
70 It's power.
The afternoons debate was cnivened by a sharp
sally OF discussion between Mcssrs Randolph Tucker
another nail into the democratic coffin lie urging
that tho House ought not obey the writ, when Mr.
B!aino said the gentleman, when lac Attorney Gen.
era Of Virginia. ruled that country justice might OBJ
sruct tho delivery OF the United States mail, where
Upon the follow ing coIloquy cnsucd:-
Mr TICKER phc late Attorney General or
virsinia)-I a's proud TO have represented the
proud 10 represent the old Commonwealth on this
ii~r. ] remember The opinion 10 which the gentleman
from Maine refers aud seems 10 me that instead OF
studying The laws OF ms country the gentleman has
been studying up 10 sec II he could not get ioints
upon his colleagues upon this floor, with which hc
might and taunt them when the occasion arose.
really did hot expect that that opnion would be re-
ferrcd; 70 think II was made penasnts Oeao
Mr.. BLAlxx-No. I. was before the war.
Mr. TucsxR--vcry we'll II good opinion
whenever II was gwen
Mr. BLAlss-Tlc gentleman will please state whcn
Il
AR Tucxxa-Thcn II was ante Jeflum ! am not to
be mailed this debate have no objection stat
lug what u wax. The question or what mail matter
citizen Of State could receive question Of state
laws
Nr i'LAiSK-Thas was Il, and INC gentleman holds TO
II 10 this day.
Mr. TUcxxR--I do hold 10 Il to-day
AR BLAiNk-Viat the Post Office Department be In
tsrfupted IN performing us duties by country justice
Of tie peace state That was The opiniou.
Mr. TuckER-i hold to that opinion now.
Mr. Tucker - an able man. but Dc ought live In
the sunlight awhile Hts notion that a state officer
may interfere with the United States mail u.s. 10 PIT
mildly. obsolete and there look OF blank dIsnay
anu disgust In tho faces OF many sensible democrats
when they heard him rcasserting such doctrines