The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-17
FROM OUR REGULAR CORRESPONDENT

AsHSGroS, April 16 1876
THE REcUsANT WITNESS CAsE-THE CoSsE-
QuENcEs OF REFUSAL BY THE HOUSE TO
OBEY THE WRIT OF HABEAs CoRPUs--A DIS
GRACEFUL wRANGLE THREATENED.
grave not to say critical question at issue in the
controversy between the House OF Representatives and
the Supreme Court o tho District OF Columbia in the
matter the writ Of the Court requiring the Sergeant.
OF tho House 70 produce the body Of Hallet
Kilbourn in court next Tuesday morning Tho writ,
1t will be remembered, was issued last Tuesday, and
the Sergeant under tho ordinary regulations OF
the court had three days in which to mako his return
Friday being legal holiday the three days did
prc until Saturday Tho question had meantime been
referred to tho Judiciary Committee, who yesterday,
reported by resolution to instruct the Scrgcanta Arms
10 disobcy tho WRIT and tho whole day given
to debating the subject. Meantime the Scrgcantat.
Arms proceeded to tho court without his prs.
oncr and stated what the action OF the House
had been and In the matter Strictly speaking the
Sergcanat- Arms would have been at this juncurc in
contempt of the and might have been arrested
at tho command OF the Judge mad tho latter chosen
have recognized the contempt Of tho writ existing.
But IL would seem that the Court has discretion say
when the contempt begins and tho Sergeant Arms
was therefore, suffered TO depart with the understand
ing that tho writ definitely rcturnabc next Tues
day morning. Before that time the debate IN the
House will have been brought to conclusion by the
enforcement or the previous question, which is or
dcrcd to be taken at three O'Clock Monday after
noon, when the momcntous question Will be do
cided whether the Honsc OF Representatives.
through its agent the scrgeant-at- Arms, will obey
or disobcy the writ Of habcas corpus Should tho
decision be TO dsobcy the sacred and timc-
honored mafatc OF tho Court IL viii be the rst timc
power has arisen and tho question arises What and
how serious will DO the consequences? The Court in
executing and enforcing tho writ, will call on the
Marshal Of the District who in turn, in Of resist
ancc may call the President OF tho United States
and .the latter may turn summon the military and
naval forces OF tho United States to assist him; and
the query suggests ITSELF What force, organized or
organized Congress put in opposition TO the above
recognized allies OF the Courts
The case has progressed so far before the Supreme
Court OF the District and the House OF Representatives
to show that unless tho House agrees TO produce the
body OF Kilbourn in obedience TO the order OF tho
Court serious consequences win arise between tho
House and the Court. II may be regarded certain
because rs understood that Judge Cartier has de-
carcd that II the Arms under tho instruc-
tions Of tho House. refuses Tuesday TO produce Kill
bourn In court Judge Cartier will attachment
and commit tho scrgcantat-Arms for contempt Of
court
People here Who would like say that n tho
Court calls for assistance 10 enable It's officers
force writ of tho Court il would be made
upon the President, and II aid was furnished by him II
would be from the army, aud this call will undouI-
cdly DO made n the attachment Of the Sergeant
alarms Is decided upon and Is subsequently resisted
by the House. There Is doubt that " tho
House OF Representatives does produce Kilbourn
court he Will DO discharged from custody Of the
House. since u seems 20 DO well understood that all
the Justices Of the District Court hold that Congress
has provided BY law q method ny which recusant
Witnesses being certified such 10 the District Atcr
ncy BY the prcsding officer Of either house. 10 DO
proceeded against and punished by indictment and.
trial IN the District Court II Is also held that
tinucd punishment by tho House, after indictment,
Tor this offence by the Court u equivalent TO twice