National Republican. (Washington City (D.C.)) 1872-1888, 1881-02-24

| Accounts was made last Friday, recon-
mending that $500 be paid out of the
| contingent fund of the House as compen-
Sation to Hon. Frank Hurd as attorney
for defending the Sergeant-at-Arms ct al.
in the suit brought against them by Hal
let Kilbourn for false imprisonment, the
Hon. Mr.. Reagan, member from TeXas,
remarked as follows:
Mr. Reagan-I do not desire TO say anything
against this resolution but want to give my opin-
ion of the matter by calling the attention of the
House to the fact that on the question of contempt
the House surrendered its Jurisdiction Of the mat
ter to petty court. The result that the Off
GERS of the House and the members of its commit
tee brought into court to answer for trespass
! instead of the House compelling the offending
witness guilty of contempt to answer to the ex-
elusive jurisdiction of this House. 1t was the folly
and fault of this House in falling to vindcate its
| jurisdiction, which has brought the Government,
as well as the officers and members of this House,
| int contempt
| The position taken by Mr.. Reagan is
that the House, when it had Mr.. Kill
bourn in its custody for alleged contempt,
| failed in its duty by not compelling the
witness to answer" and for " surrender
| ing jurisdiction of the matter to a petty
court" meaning in this instance the
United States Supreme Court of the Dis
trict of Columbia.
Now for a large body Of men to compel
witness to speak is no original idea' OF
Mr. Reagan. The appliances Of thumb
screws, the wrenchings of the rack, burn
ing Eaggots, and other instruments of tor
ture were used on reticent victims CEN
turies ago. and within week horrible
case is reported from Tennessee, where
mans feet were thrust into the blazing
fire and the poor victim was thus COM
PEELED to make a statement in harmony
with the views and wishes of the mob.
The error of Mr.. Reagan's position is
in the tyrannicai assumption that the
House has law unto itself-a sort of
imaginary, underlined, inherent parlia-
mentary power-which it can exercise
without question, when in an hour of eN-
citement, swayed by passion or prejudice,
it assumes that its dignity has been i'm
posed upon. 1t has no such power. The
powers of the House are defined by the
Constitution, and members cannot AFRO
gate unto themselves any legal authority
not nominated in the bond. The House
has no legal right to arrest and imprisOn
Il citizen upon any pretense whatever,
and for it to exercise by force such power
is simply enforcing "Lynch law" and is
in direct conflict with the express terms
of the Constitution itself That instru-
ment says: No person shall be deprived
of liberty or property without dne process
of Eatr." "Due process of law is defined
by the highest authority as " law in the
regular course of administration through
courts ofjustice e"-even "petty courts"
Another clause asserts:
The right of the people TO be secure in their per-
SONS, papers, and effects against unreasonable
searches and seizures shall not be rolated, and no
warrants shall issue but upon probable cause, sup
ported by oath or affirmation and particularly de-
scribing the place to be searched and the persons
or things to be seized. =
This is constitutional inhibition which
all courts, legislative bodies, governmental
departments and officers must obey.
This important case has recently been
decided by the unanimous Judgment of
the Supreme Court of the United States,
and the opinion will be delivered, we
understand, on Monday next, at which
time Mr.. Reagan can learn precisely how
far the House can use force in compelling
a rcticent witness to answer, under the
pains and penalties of being imprisoned
in the common Jail of the District of
Columbia"
When this case was discussed in the
House nearly five years ago, on the ques-
ton of obeying the writ of habeaS corpus
and surrendering Mr.. Kilbourn's body to
the courts, several members maintained
the position just reiterated by Mr.. Reagan,
and we will close this article by quoting
from the vigorous remarks made at that
time by General Garfield. and reserve
further comments till after the opinion
of the court is promulgated:
Mr.. Garfield-That is to me most bold and
startling hereSy, that this House is above the Con-
stitution. We have of course the power to expel
member. We have the power to preserve order
We have all those ordinary parliamentary powers
But Wnen we nave puSneu theSe rlgntS OF the
House so far in these modern days that, according
TO the doctrine ofmy friend from Ohio IMr. Hurdl
the House may imprison citizen for two years.
and the Senate may imprison him for life because
the Senate is an immortal body; when we have
so far pushed the privileges and powers of this
House as to make it an uncontrolled and
uncomfortable despOt, a tyrant that oyerbears
all boundaries, that forces its way into all private
closets, and breaks into every mans domicile, that
its power knows no limit but its own discretion,
that it shall have the right to uncover the secrets
of all families within the Republic, that there
but, unrestrained by law, unlimited by the Con-
like the despots of the Middle Ages shall
be lord paramount of all rights within its bounda
ries, is doctrine so monstrous, if adopted by Us,
that it ought to cover us with infamy and bring
down upon us the wrath of an outraged people.
Letthis doctrine be once proclaimed, and you arm
every citizen in hostility against the Congress of
his country. You make the House the natural
enemy of every citizen, and every citizen ought to
be our enemy. 1 declare myself the implacable
foe of such tyrant and of the doctrine that makes
such tyranny possible. The doctrine asserted to-
day on this floor would make this House the most
Odious tyranny that ever stalked abroad over any
land to curse it.
"Rcbels" in the Procession.
Some local organizations are excitedly
that they will not march on in