The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-04-16

| an ,ndtv,dusl case Could IL award judgment
for dollar of money Ia contest lnN"i ,, tG
! rights Of Citizcnsf And yet II was cvntcnucu
| here that the House could, beyond All hppeaI
| aud beyond all reconsidtratlpn' avail na,
I. s Gsn cd Inc C' sSis,enec Of that right
| and challenged the producu.h W a.,
Instance IN the records OF me c4 5aniays
| The ripit 81 a court to decide on the question OF
| personll liberty aud personal rHhi. nat was
| what inc House was now propos ing 90 DO, and II
| ,"t,ii nave TO bs duus Gy yeas and NAYS. The
| House would have to decide whether u would
| eetaniisb precedent for the first time, that
| c,t,1en y,ho refuses to testify before 1t was to
| be denied the lrcat right over whlon nations
] Ssd f,uoit and Tor the security Of which many
| lives we're lost Of men Of the race TO which
| ATericans belonged. lie referred to Ir-
win's case, where the resolution offered
irwin in court. was adopted by vo'e Of
| 1u7 to o.. every Democrat voting In the affrma-
tive. Including the Chairman OF the present Ju-
dietary Committee (Mr Knott, aud from which
the substitute offered 10y Mr.. Lynch was copied,
and said that the precedent established In that
case showed tn 4 as soon as the Court found
that the witness was held by authority OF the
House the writ would be NJ once dismissed.
MIR. Lawrence Ntep., Ohio, a member OF the
Judiciary Committee, advocated the resolution
of the mai ority, and laid down and elaborated
these four propositions. First, that the House
had power to institute investiRations and to
summon witnesses and examine witnesses
cident OF that power, the House had authority
to Judge OF contempt on the part OF witnesses
III refusing To TESTIFY, ana to punish them by linz
ptisonment; third, that the judgment OF the
House is nnal and conclusive az to Its Jurisdio-
tion, and as to the right and expediency OF ex-
ercisiug II by sentence Of lint risonment, Ot fol-
lowed that no court could Inquire into the Juris-
diction OF tue House to imprison during the ex-
istence Of the COngrcss); aud, fourth. that this
rule had not been changed by any statute.
KELLEY's DECLARATION.
Mr.. Kelley (kep., Pa thought that the House
should pause, and II possible aka limit to the
exercise Of It's tower. To bring itself in contact
with tho diclary in this connection would oe a
hlunder which might he characterized as worse
than crime. He believed that the commitment
Of kilbourn WIS great mistakc-a mistake
which no court would have maize, and which
the House would not have made II 1t had heard
had an opportunity to study the record In the
case ana " the question hal been opened TO
free discussion; but 1t was never too iaie to do
ag"ud ihlng, ana having made grave mistake
the House should either send this witness be-
fore the judge. and when remanded-..s he had
no doubt ne would be-then discharge hun, or IT
should discharge him at once. aud aVOw frankly
that IL had invaded the rights ~ an American
Ciuzen. lie (Alr. kcliey) failed to find ANYTHING
In the record winch Justified his consent to the
incarceration Of this man. The House d. 10
season Of excitement, whom unbrdlcd license
riOted with character as IL never rioted before
In this country, without argument, without
time for reflection, with paitisan zeal on the
one side Of the House and partisan timiditv on
the other. sent n citizen to tho Congressional
bastile, and he was to stay there until Congress
expired. II the senate we're 10 40 the same uu-
der Ike circumstance the witness would have
10 stay there TIL death should bring him release.
III tnis were law then therc should he a rule
that no vote should lie taken on the commit
mcnt " a witness until the record had been he
fore the House for a fortnight, ana until the
matter mad been argued by two members ON
each side. He appealed to the House to show
It's love oftu-tice ana It's devotion 10 the Consti-
tuition rights OF the people. by setting Mr. XII
bourn free under hail, which should be- ade-
quate TO secure Ills appearance II he should
again be needed.
KELLEY ANSWERED.
Mr.. Hoar Rep., Mass) said that one single
tkalN nil Of Va
uetlamatory argument OF the gentleman from
fennsD y4hia (Mr Kelley. Whenever a witness
OF court, that court, whether It was county
court, police court, or the Unite1 sta e. SEN
ate sitting as court Of inpeachmeut, was the
hnhl judge or tne question, and all the conse-
queuces which the gentleman from PennsyI-
yatlA mad held u? In the face Of the IL use fol-
lowed. mere was not Justice Of the peace IN
the country who had not the power to do the
exact tn'ug which the gentleman (Mr. Kelley
denied 70 TINS House. Inc gentleman under
rates the intelligence oftnis House and OF tue
people, Wnen he dealt with this simple aud
grave question by talking about TIE (ongres-
siOhAl otstilc. his WAS the question before tie
House " Was the extent 81 the rights OF this
House limited by the discretion and by the
idsment ~ single Judge Of tue supreme
Court Of the District Of Columoii r
II So then that court had the right
10 DO the same next week 10 the senate, ana n,
~ higher tban this body Ia the signt Of the Con
" ar OF the President Of tue United States, sir.
Marsh or some other witness, when question
was put % MN, would say, ION The whole, | do
not thlus Will answer tue question" and the
Senate committed HIM for contempt, then Chief
Justlce Cartier would have the Tight TO say,
" AXE that man out Of the custody Of the Ser
geant alarms and triug him before me, aud
viii see myself what think OF that question. ="
Ibis cutlery that the House was undertaking to
put Itself against personal liberty was perfectly
pre- osterOus.
BuNCoMBE FROM GARFIELD.
Mr.. Garfield (iep.. Ohio quoted from NAYS
Parliamentary law To the effect tnat the Habeas
Corpus act Is binding on all persons whatever,
ana that II Is therefore competent for the Judges
70 have before them persons committed by the
Houses Of Parliament for contempt. Now they
were confronted by the assertion that one
branch OF Congress was omuip1tent. The
proposition would make the House the great
tyrint Of the nation. Let II be once known,
aid every citizen would be armed In hostility
against the Congress II his country. lilo 10
cltred himself tue implacaule toe Of the tyrant
who presented himself In such guise. Inc
position taken to-day would make Congress the
most Uncontrolled Vrht that mad ever stalkei
abroad over any land. lie DENIED that the
mouse was above the law - delivering up toe
body Of the prisoner
Mr. Hurd said that lie had Just been Informed
ny the sergednt-at Arms that he had appea ed
hefnr ihe Judge at ten o'clock this morning,
aud that the hearing of the case htd been post
poned till next Tuesday morning. lie ,he efure
gave hotlee that lac would call TIE previous
question on Monday at three o'clock.
lAe House then adjourned.