Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1876-04-22
Letter from WASHINGTON.

WASHINGTON, ID. c., April Il, 1876.
The Kelbourn habeas corpus case is the
ouly topic of consideration here. And
it deserves to be for ii is one of the most
importantquestions ever before Congress.
l viii briefly recapitulate the facts. Kill
burn was summoned before committee
of the House and directed to bring his
books and papers relating to what is
known as the Real Estate Pool. Klbourn
gives the names of some of the members
of the pool and among others that of Jay
Cooke & Co. This firm was indebted to
the governments in large sum of money
and the object of the inquiry was to as
ascertain if they had any interest in prop
erty not surrendered Mr.. Kilburn sta
ted that the court had examined that
question and that all the interest of Jay
Cooke & Co., had been given up. He
refused to give the names of the 9TH
er parties in the pool or to exhibit his
books and papers. The committee re-
for refusing to answer. The House order
ed him into custody of Thompson, sar-
geant-at-arms and to be confined in the
District Jail. Kilbourn stated before the
committee and repeated 1t before the
House that if S'any gentleman here or
any member of the Committee will ex-
press his conviction, founded on any fact
known to him, that there is any eOnnec-
ton whatever with any public act that
congress has a right to investigate or to
found any legislation upon, that he was
ready to answer any QUESTION put to him."
But he declined upon the ground that
.'his business was with private citizens
and that the government had no right to
inquire into it. Many Democrats hold
that Kilburn was right and that the
House committed an error in sending
him to Jail. Under law passed some
years ago the speaker certified Kilbourn's
case to the District court and he was in |
dicted. Marshall Sharpe demanded his |
body but it was refused. Kilbourn then |
sued out writ Of habeas corpus before
Judge Carter Chief Justice of the Dis |
triet. The writ was made returnable last |
Saturday and Mr.. Thompson upon whom
it was served asked until Tuesday, as he |
had submitted the question of whether he
should produce the body to the House of
Representatives by whose order he had
it. The question was referred to the Jul
dietary Committee and on Saturday they
made two reports. The majority report |
ed against permitting the body delivered, |
but the minority consisting Of Proctor |
Knott of Kentucky, Lynde of Wisconsin |
and Frye of Maine reported in favor Of /
obeying the writ. Frye is a republican,
while Knott and Lynde arc democrats.
The reports were discussed on Saturday |
very ably and the discussion was contin- |
ued Monday, many of the leading mem
bers participating.
There seems to be standstill in inYes- |
tigating; at least nothing Of importance |
is being elicted, or if it is the committees |
bury it in their pockets, and keep it
there. The transfer of the Indian Blu
reau to the war department has been dis |
cussed but several members have yet to |
be heard and then Welshire's bill, to Gre
ate a new department making a new cab !
met officer who shall have charge of the |
Indians entirely, will come up. This /
plan is looked on with favor and will pos |
sibly pass. The Spencer investigation !
was made a farce of in the Senate because |
MOrton's committee refused to admit any |
testimony that they thought would in
jure Spencer. The friends of the Texas |
and Pacific railroad bill say they will |
bring up that measure and pass it soon, /
now that all opposition except that of |
interested parties is withdrawn.
The Grand Jury of the District has in
dicted General Babcock, Harrington, |
District Attorney, Whitley and Nettle- |
ship, detectives, and the burglars whom
they employed, for the safe burglary con-
spiracy. The Indictment sets forth that /
these parties eOnspired together for the |
purpose of rObbing the safe of the Dis |
triet Attorney and putting the books and |
papers taken therefrom into the posses
sion of Columbus Alexander, thus enab- |
ling them to charge and convict him of |
the robbing. Babcoek was bailed in the |
sum of thousand dollars. The payment |
of the Geneva award will be made on the |
first of May, and the Secretary of the |
Treasury has ordered the sale of six mill |
ions of bonds to raise the money. Gener- |
al Belknap appeared before the Senate /
to-day TO answer the impeachment |
charges. He was represented by Mont /
gomery Blair, Judge Jere Black and ex- |
Senator Matt Carpenter. He pleads to |
the jurisdiction of the court, upon the /
ground that having resigned he cannot
be impeached. Time is given to the par
ties to prepare their arguments upon
this question, which is really the most
important one in the case for it makes
very little difference whether Belknap
is found guilty or not, but it is highly
important that it shall be definitely SET
tied whether an officer can escape i'm
parchment by resignation.
1t is said that leading army officers are
asking for court martial TO try Babcock.
some OF them say they DO not want 10 he !