Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-04

only voidable, but actually void as against the
government. He asserted also that the pro-
! vision had been inserted at the instance of the
First National bank, of New York, the holder
of a large amount of those bonds.
The intimation was repealed by Messrs. Atkin
and Hale, both of whom denied the existence
of any influence within their observation ex-
cept one hostile to the provision, and other as
sertions of Mr.. Blackburn were combatted by
Mr.. Hewitt, of New York, Mayham, Henry and
Bnckner.
Finally the House voted on the adoption of
the report, and it was agreed to, yeas l4S, nays
1O7, the negative votes mostly coming from
the Democratic side.
Consideration of the Seward impeachment
again came up, but was interrupted by re-
port from the Judiciary committee which Mr..
Butler was prepared to make on the subject of
Stewards withholding certain books of his con-
sulate.
MIR. Springer insisted that the matter before
the House being question of privileges,
should not be thus set aside, and the Speaker
sustained him in that position. Arguments on
the point were made by MIR. Butler and Ba ks,
claiming that the question involved in the re-
port was one in regard to the privileges of the
House, and was, therefore, of the highest order
of precedence. Mr.. Butler stated that as the
organ of the judiciary committee to which the
subject had been referred, he had been instruct
ed to report that Seward was justified in re-
tanning those books and yet the fact of his
retaining them had been made the ground for
one of the articles of impeachment.
Mr.. Springer said he had been instructed to
withdraw that article.
MIR. Hanna suggested the gentleman from
Illinois could not withdraw it. It was before.
the House as a report from his committee. If
he could withdraw it, then the prosecution was
by Mr.. Springer, not by his committee.
Mr. Banks-This il a charge of violation Of
privileges of the House, and such question
will int rrupt any other one. It will take any
member off the floor. 1t il question of the
highest privilege.
The Speaker-Does the gentleman say that
it can interrupt the question of impeachment
of the public officer?
Mr.. Banks--l say it unreservedly and UNI
questionably, because it concerns the privi-
leges OF the House and the liberty of the citi-
zen.
Mr. Garfeld-Here is a proceeding begun in
the first place to bring d party before the
House for contempt. He is under arrest. He
IS logically and technically in our custody.
Our hand is upon him. He is by us restrained
OF his liberty. While that restraint is still on
him proposition is made to impeach him.
First, it is a question of personal liberty, and
then a question of judicial proceeding against
him The personal liberty feature is the
higher privilege. It ought to be heard first.
The man ought to be free when we proceed to
impeach him. To put him in chains, to strike
him when in chains, to say that we will follow
the law of Rhadamanthus, punish and then
hear, is not American law, is not American
liberty.
Mr.: Sparks Qll.)-Is the man restrained of
his liberty?
Mr.. Garfeld-Yes.
MIR. sparks-I see him sitting in the diplo-
matte gallery yonder. He looks free
After further discussion of the point in
which the practices of courts of law were re-
ferred to, the speaker said: The chair does
not propose to discuss court practice in such
proceedings as have been cited. The duty of
the chair ia to administer the rules only. If
left to his own volition, the chair would prefer
to go at once to the decision of the question
that detalns citizen in custody, but the House
has decided to consider the report presented by
the gentleman from Illinois, Mr.. Springer
That gentleman is on the floor discussing the
question and the rules do not allow him to be
taken off the floor except in manner as pro-
v,ded by the rules, that is by motion to ad-
Journ, entering a motion to reconsider or a
conference report. The chair, therefore de-
cldes that it not competent now for one COM
mlttee to interfere with report from another
committee when the gentleman who has made
the tirst report is on the floor and declines TO
yield.
Mr.. Banks appealed from the decision of the
chair.
After further discussion the appeal was laid
on the table, yeas l25, nays 1917.
MT. Regan presented the conference report
on the river and harbor blll and after it was
read, he proceeded to mako some explanation.
He submitted that the aggregate amount APP
propriated in the bill was about seventeen
millions. 1t also contained provision to pay
S75O,O00 to Capt. Eads for jetties at the mouth
of the mississippi and made some alterations
in the terms of the contract with him requiring
the same depth as the original contract re-
qulred, but not the same width, and also pay
foot cf
two feet. 1t also contained provision for q
bridge over the Arkansas river at Little Rock.
lie was questioned particularly about Eads'
matter, and made a long explanation on the
subject.
MIR. Hanna demanded the yeas and nays on
the adoption Of the report. remarking that
that was the only mode members had of re-
cording their protests against the bill.
The yeas and nays were ordered and taken,
and resulted, yeas 107. nays 60, so the report
was agreed to.
The House then took a recess till p n.