The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1876-04-20


First: That the House had the power to !
institute an investigation, and TO summon
and examine witnesses, through its COM
mittees.
Second That as an incident OF that
power, the House had the authority 10
Judge of contempts on the part of witnesses,
'in refusing to testify, and TO punish them
by imprisonment.
Third: That the decision Of the House
is final and conclusive II its jurisdiction,
and rs to its right and expediency Of ex-
ercising it by sentence OF imprisonment, II
followed that no court could inquire
into the jurisdiction Of the House, AS to
imprisonment during the existence Of
Congress, and
Fourth: That this rule had not been
changed BY any status.
Judge Uurd said that he had been in
formed by the Sergeant-at-Arms that he
had appeared before the Judge this morn
ing, and that q hearing of the case had
been postponed till next Tuesday. He
therefore gave notice that he would call
the previous question On Monday at
O'Clock.
House adjourned.
WASHINGTON, ID. c., April IL.
The debate on the Kilbarne habeas cor
pus case, to-day, vas interrupted by the
House proceeding in body to the Senate
chamber, 70 attend the Impeachment trial
OF the late Secretary of War, and, return
ing therefrom, the discussion vas resumed.
Mr.. HOOKER said that Kilburne held
the key Of the prison in hisown mouth, and
whenever he obeyed the order Of the House
ho ls.l n ad tn
the House not to furnish another example
OF the ease with which the highest tribunals
Of the land can be set aside by those whose
wealth enables them to employ great law
yers, and to array n strong body Of friends
At their back.
Mr.. TUCKER proposed an amendment
to the resololution proposed by the msiori-
ty OF the Judiciary committee directing the
Sergeant-at-Arms To appear by counsel be-
lore the court, and To make motion To
quash or dismiss the writ, or to take
| such other precedent as he should be adj
vlsed TO raise the QUESTION OF the propriety
OF the issue Of a writ on the facts stated in
the petition and complaints and as a pre-
liminary to any return to the same, and
in the meantime he retain custody OF Kill
burne and not produce him without further
OkoCI VI tuC 1lOuSCs AAC bSSAoiCu
satisfied with the legality of the question
asked of kilburne by the committee, and
of the action taken by the House on the
subject, and he was satisfied that any court
which respected law and precedent would
remand the custody Of Kilburne to the
House and he was 50 we'll satisfied that
American and English precedents sustain
ed that position, that if any Judge should
decide otherwise he would bring himself
very nearly within the alternative or d.
lemma OF either knowing nothing about
Law or of corruptly denying it.
Mr.. GARFIELD said that in the Irwin
habeas corpus case last session, where the
same case was resorted To As the gentleman
from Virginia now suggests, on a motion
to quaAh the writ, the Judge would not
hear the motion unless the body of the
prisoner was produced.
Mr.. TUCKER said the Judge should be
made to heed the House, by his con-
science, if he has one. and by power supe-
rior TO it, if he has not.
| Mr.. BLAINE inquired how q Judge
could be made to do nything by the House
Of Representatives.
Mr.. TUCKER. The gentleman is no
lawyer, - he has shown in this House,
| Laughter on Dem. sidel and the gentleman
| Is perhaps unaware that when Judge
does not execute his duty, he may be made
to do 30.
Mr.. BLAINE. BY an order Of the
House?
Mr.. TUCKER. No, sir, no, not an order
of the House-that shows again that the
gentleman is no lawyer-but by a manda-
mus from a higher court, which will COM
pei him to execute justice, which he is re-
luctant to do.
Mr.. BLAINE said that he did not know
why the gentleman from Virginia should
have manifested so much asPerity in the
remarks addressed to him. He thanked
God that he was not a lawyer, trained in
the school that gentleman was. He thank
ed God that he was not a lawyer who, as
Attorney General of the State Of Virginia,
had given an opinion that the local au-
thOrities of that State had right TO in
wade the post-office and compel the post
master to give up the contents Of the mail.
He thanked God that he was not that
kind OF lawyer. Applause and encour-
agement on the Republican side Of the
House.
Mr.. BLAINE, who was still occupying a
position on the Democratic side OF the
House, proceeded amidst considerable ex-
element.
The debate was further considered by
Mr.. Jones, of Kentucky, against the reso-
luton OF the judiciary committee, and by
Messrs. Lord, Lawrence and Hurd in favor
of it.
The question was then taken on
Mr.. fuckers amendment, and it was re-
jected, Sc to 149.
The substitute offered by Mr.. Lynde, d.
recting the Sergeant-at-Arms to make
return of the writ, and produce kilburne
before the court, was adopted; yeas, l65;
nays, 70. A great body of the Republican
members and nearly half Of the Democrat
ic members voted for the substitute.
Mr.. RANDALL offered resolution that
in further proceedings in the Impeachment
case, the House shall appear before the
Senate only by its managers. Adopted.
The House then adjourned.
WASHINGTON, ID. c., April Is.
The House then took up the Florida
contested election case, the resolution Of
the majority of the committee being that
the sitting member Walls, is not entitled
to a seat, and that J. j. findley, the con-
testor, is, and the resolutions of the minor
ity are to the opposite effect.
Several speeches were made, but no vote
taken.
Mr.. SCALES introduced bill to refund
certain direct taxes on land collec ted from
the late insurrectionary States.
A recess was then taken till $50 p. M,
the evening SESSION to be for consideration |
Of the bill to transfer the Indian Bureau to |
the War Department.