The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-04-17

Mr.. Morrison modified his resolution
accordingly, and the question was refer
red TO the Committee ON Rules.
FREEDMAN's DANK. r-' !,
Mr.. Douglass, Chairman of the Select
Committee on the Freedman's Bank, re.
ported bill 10 amend the charter OF that
institution. Made the special order for
SATURDAY. next
THEKILBouRNE ITADEAs CORFU.
Mr.. Hurd, from judiciary Committee
reported resolution in the habeas cor
pus case OF HalleIt Kilbournc, the recus.
sant witness in the real estate pool inveS
tigation, directing the Sergeant-at-artns
to make careful return to The court
setting out the cause OF the detention
OF Kilbourne, and TO retain the custody
OF his body and not TO produccit before
Judge or court without the further
order Of the Houic. He proceeded to
make an argument in support OF the re-
solution. lie intimated that the tesii.
mony implicated high officials, and that
all efforts in the direction OF an investi-
CATION would be thwarted, il he were
taken out OF the powerlOf the House. No
subordinate court should be allowed to
interfere with the Jurisdiction. OF the
House or Of superior court.
Mr.. Garfield Sugge,ted that the court
might punish the Sergeant.at-Arms for
contempt in not obeying its order and
asked what relief the House could give
him.
Mr.. Hurd thought the remedy would
be very easy. 1t would be for the Ser
gean,.al-Arms TO apply TO the Supreme
Court OF the United States, which had an
appellate and advisory Jurisdiction.
/. Mr.. Frye asked Mr.. Hurd whether the
House had power 10 punish for contempt
regardless Of the fact whether the ques'
tion which Kilbourne refused to'answer
was lawful or unlawful.
Mr.. Hurd replied that the subject mat.
ter was entirely within the discretion OF
the House. 4.... .......f rHI
Mr.. Frye inquired ii there was any
limit 10 the time Of punishment except
the life Of the House.
Mr.. uurd replied that he thought the
power 10 punish expired with the House.
Mr.. Frye-.lf that power inheres In the
House OF Representatives does it not in
here also In the Senate. cd .-..., ,slE
Mr.. Garhsld-Which never dies. = +!
Mr.. Hurd unquestionably it does.
Mr.. Frye-rhen this result would fol-
low, tha, the Senate may punish, recus-
sant witness7for contempt, regardless en-
tireIy Of whether the question which the
witness refused to answer was lawful or
unlawful, aud might hold that citizen In
Jail during his life.
Mr.. Lynde, n member OF the judiciary
Committee. offered on behalf OF the mi
nority substituteior the resolution di'
recting the Sergeant-at.Artns TO make a
careful return IL the writ VI hRbeas cor
pus that the prisoner is duly held by au-
thorily Of the House Of Representatives
in proceedings against him for contempt
and to take with him the body Of XII
bourne before the court when making
such return. He proceeded 10 argue In
support Of the substitute. The question
was whether the House would sdeny to
citizen Of the United States i'm
priSoned by its order, the right OF 2
hearing before the court on writ OF
habeas corpus. Ii this precedent were
established twas important that the
Anierics people and courts should un'
derstand 1t. II in the exercise Of its
privileges the House encroached on the
liberty OF the people, those privileges
would be revised and re.exaaIned, aud
members would 10 returned to the House
who would respect the constitutional
rights and maintain the liberties Of the
people.
Mr.. KaSson hoped that the time was
long distant when mn American citizen,
Whose property or liberty was involved
was 10 find his iual court in the House
Of Representatives. The proposition here
was that citizen should have no review
before court, no appeal TO any other
Jurisdiction, no possible reconsideration
OF Judgment Of the Huuse OF Repre-
sentatiVes. Was that within the mean
log OF the American Consultation wher
Il declared that writ Of habeaS corpu'
should never be suspended except in tint
OF war or an invasion? lie denied The
existence Of that right and challenged
the prosecution for all instance In the re-
cords Of the country where the House OF
Senate has denied the right Of a court Z
decide on the question oil personal liber
" aud personal right That was wha
the House was now proposing to do, ant
il would have 10 be done by yeas ant
nays, the House will decide whether
| It would establish u precedent for th,
| first time that citizen who refuses L
testify before It was to be denied the great
er right over which nations had tongh
and Tor the security Of which many live
were lost. .-
mi,tee on the Judiciary, advocated th'
resolution oi the majority and laid dow
and elaborated the following four propo
sitions: .-r -,t, :. i,
i. That the House had power to insti
tute investigations and to summon an
examine Witnesses through Its commit
>. That as an incident Of that powe
the House had authority to judge Of cor
, tempt on the part Of witnesses 10 reiu'
: ing to testify aud TO puni'h them by In
, prisonment. .t- aII,
/ 8. That the judgment Of the House
fnal and conclusive Us 70 its idrisdictto