, 1876-04-16
kll.BQuRN.
NI5 CASE BEFORE TIE HoUBE,

| COMMITTEES, reported resolution in the hnbes
| corpus case Ut Haliet Kilbou1n, the recusar
witness in the real-estare pool investigation
directing the Sergeant~at-Arma to make ca1t
full return to the writ setting out the cause c
the detention Of Kilbourn, and retain custody q
his body, and not to produce it before the Jude
or court without further order of the house
He proceeded to mike Al argument in supper
OF the resolution. He intlmated that the test
mony Of Kilbonrn might implicate high oficia1e
aud that oil efforts in the direction OF inyestiea
ton would be thwsrted if he were taken out 0
the power OF the House. No subordinate cour
should be allowed to interfere with the jurisd;c
| ton OF the House or Of Superior Court
Mr. Garfield suggested that tho Court Nigh
punish the Sergeant-at-Arms for contempt il
not opeyine its order, and asked what relief th,
House could give him.
A11. Uurd thought the remedy would be very
easy. It Tould be for the Scrgeant-at- Arms to
apply to the Supreme Court Of the United States
which had an
APPELLATE AND ADVISORY Jrn1sp1cr1oH.
Mr. Frye asked Mr. Hurd whether the House
had tho power to punish for contempt regard,
] lcss OF the fact whether the question which
kilbonrn refused to answer Was lawful or un-
| lawful
htr. Hurd replied that the subject matter was
/ entirely within the discretion of the House.
| Ar. Frye inquired whether thero w$s any
limit to the time of punishment except tho life
! Of the House.
| to punish expired with the House..
Mr. FrTe--f that power inheTes in the House
OF Representatives. does it not inhero also in thu
Senate
atr. Garfield Which never dies.
Mr. neutrality-suspicious. it does.
Mr. Frye-Then this result would follow, that
the Senate nay punish recusant witness for
contempt. regardless entirely OF whether the
question which witness refused to answer waa
lawful or unlawful. and might hold that citizen
in jail daring his life.
SUBSTITUTE
Hr- Lynde, member of the Judiciary Com
mittee, offered on behalf Of the minority SUBJ
stituta Tor the resolution directing tho
Sorgeant-at-Arms to make . careful return
to the writ Of habeas corpus that the prisoner
is duly held by the authority OF the House Of
Kepresentatires in proceeding against him for
contempt, and to tako With him the body Of Xii
bourn before the Court when making such re-
tutn He proceeded to argue in support Of tie
substitute. The question WAS whether tha House
would deny to & c3tl2en OF the United States,
imprisoned by it's order, tho right Of hearing be-
fore court On = writ OF habeas corpuB II this
we're established, it was Of Importance
that the American people and courts should un-
degstand it. II, in tho exercise OF its privileges
tho House encroeched on the liberties Of tho
people, those privileges would be reviewed and
and members would be returned to
the House vino would respect the Conausution-
NJ rights and maintain the liberties at tho peo-
ple.
Mr. Ksason hoped that the time Was long dis
sant When an American citizon whose proporty |
oz iibsrty Wes involved was to find his final |
court IN the House O. Representatives. The |
proposition here was that citizen should have |
70 review before = court no appeal to any other /
Jurisdiction, no possible reconsideration OF |
Judgment OF the House OF Representatives. (
Vas that within the moaning OF tho American |
Constitution when 1t declared that the writ Of |
labeas corpus should never be suspended except |
q time OF "ar OF invasion BE denied the o1-
5tenco Of that right and challenged tho pro-
uctioa OF an Instance in the records Of tho coun-
= where the House or Senate had denied the
ight Of Court to decide On the question Of
PERSONAL LIRERTY AND PERSONAL RIGHT,
bat was What the House was now proposing to
o. and it would have to bo done by the Yeas
nd nays The House would have to decide |
hether it would establish precedent for 1he |
rat time that . citizen who refuses to testify
afore 1t Was to be denied the great right over
hich nations had fought, and for the security |
which many lives weso lost
A1r. Lawrence, member Of tho Committee |
4 tho Judiciary, advocated the resolution of
70 majority and laid down aud elaborated tho
'lloVing propositions First, that the House
sd power to institute Investigations, and
rough lis committeos. Second, thst
an incident OF that power
10 House had authority to judge Of contempt ,
/ the part OF Witnesses IN refusing to testify :
ID to punish them By imprisonment. Third, !
nj the Judgment Of the House is final and con-
1siyo IL to its jurisdiction, and as to the right
ID expedlencg Of exercising it BY eentence OF | ,
lprisonnlent. It followed TINT no Court could
quire Into tho jurisdiction Of tho House to | ).
orison during the existence OF Congress-
d, fourth that this rule had not been changed ;
any statute. i,
a:r. Kelley argued against the resolution =
eied By Mr.. Hurd. Hp believed that the :.
mmitment OF Nibourn was c
GRAVE MISTAKE. Il
mistake which no Court would have made. | a
d which the House would not have made if it c.
d heard kIbourn through his counsel, or il ~
:ntera had had IN opportunity to study the 81
:o1d III the case, and il the question Ind been +,
ened to FREQ discussion. But it was never too 9,
9 to do good thing, and having made grave Fl
stake, the House should either send this Wit | -
ss before the Judge, and when remanded, as .,
had no doubt he would be, then discharge et
q, or it should discharge him at orce, and | r.
w frankly that it had invaded the rights of a.
American citizen. ~
II: Hoar said this was the question before n,
House: Was the extent Of tho rights OF ~
5 House limited by discretion and by nj
Judgment OF 6ingle Judge OF the Supreme i,
urt OF the District Of Columbia? It so, then a.
t Court had the right TO do the same next ~
* to the Senate, and II, vhen that august o.
'unal was organized to try the Secretary Of g,
r or President Of the United States, lfr. -
rsh or somo other witness, when question
put to hun, would say. " On the whole do
think will ANSWER that question:" and tile | mi
ate committed him Tor contempt then Chief 10
tlce Cartier would have the right to say. | oa
ako that man out Of the custody Of the Ser ~
nt-at-A1ms aud bring him before.me. aud I ~
see myself what think OF that question:" &c
8 outc1y that tho House was undertaking to an
Itself aeainst spersonsl 1iberty vas per- ha
iy Prepostetous. ro,