National Republican. (Washington City (D.C.)) 1872-1888, 1881-03-07
POWER OF CONGRESS
IN v,NE AND IMPRIsoN WITNESSES.
,-,;.. Miller, Decision on the InquisitOrial I'M
Uertinence of Either IIOUse-The Case OF
HaIlet KiIbOurn aud the Judgment
of the Supreme Court.
lilo Nnw Ynrk Hsrald saws editoriaIly:

;t.rast 10 the reuplc and the press OF the CIuteu
c,stas If erects bulWark around the nghls Vi
citizens which viii hereafter protect them against
he inuuisitorial impertinence Of either HOUSE VI
congress and against Illegal punishment LOT Ie4uS
ING 70 answer questions on which eohgleS9toil"-
committee has no right TO insist Inc case an
no from an inferior court on VIII VI GU slt
nIaintifin error, Halet Kiibourn' nuTiIs Su0u
sneaker Randall, Sergeant alarms Ihompsoh'
ia o,bors for false imprisonment. The case was
decided AGAINST Ki!bourn in the court below, whose
;,,5rr,ept has now been reversed by the supreme
cont Henceforward witnesses subpenaed before
congressional committee cannot be imprisoned
n, refusal to testify, or, if they should be, Fed
,-oI court will Immediately discharge them from
custody on ,r,r,,,--,.
The exceptions TO this decision are the very lew
cases in which either Of thetwo Houses Is required
"a act in a judicial capacity, impeachment and
iud0ing ofthe election Of members being the only
executions specified this decision of the Supreme
Cnprt The two Houses are at last taught that they
do not possess a rowing commission to make in
i;tins into the private affairs Of citizens and TO
,inr and impriscn them for refusing to answer
Questions which committee of Congress has no
IT WAS THE THAT \ STOP
should be put to the odlous and unwarranted au-
rbority which committees of Congress have Of late
rears assumed. Their arrogant impeTtinenee had
become intolerabe TO the thinking part of the
,1bIic and it is a subject for general congratula-
ion that their insolence has been rebuked by an
authority whose condemnation cannot be resisted.
These smelling committees have seemed to think
that there was nc legal limit TO their right to in
,armeddle in the affairs of citizens to pry into their
business arrangements, to invade their personal
secrets, to release them from all pledges of con-
Garnce, and to give national publicity to matters
which individuals may have motives for conceal
ing. These insolent committees have made raids
on the telegraph Offices and captured confidential
dispatches they have ried the business secrets Of
their victims; they
HAVE COMMITTED oUTRAGEs.
Oh Che sacred relations of domestic life; they have
ssailed the liberty OF the press by making it I'M
safe for correspondents to accept information in
confidence lest they should be hauled up before
one Of these inqUlisitorial committees and COM
palled to take their choice between Government
dungeon and the violation of their pledges. We
rejoice that their assumed right to perpetrate such
nllfrages has been brought to a hearing before
tribunal that is competent to pass upon it, and that
his high tribunal has had the independence to
render a Just decision and protect the legitimate
privacy of citizens against congressional imperti-
nencc and insolcncc.
IT SEEMS To Is
that the press is especially bound to recognize the
,-frtue of the Supreme Court in making this i'm
Dortant decision. We do nothere refer to the duty
If the press to stand up for popular rights against
official invasion although this view is not to be
forgotten). but 10 the relief which this decision
lives to the agents of the press from the terrorism
of congressional intimidation. The people have
right to the information which the press supplies
nd It's for their interest that the sources of intel
Iigence be unobstgUcted. Newspaper correspond
cnts in whose probty and retcence official persons
have confidence are trusted with a great deal of
secret information, with liberty to publish some
things with aniniuncti0n to suppress others which
are communicated merely to guide their judgment
and save them from falling into errors.
WHEN THEY PUBLISH THE THINGS
which they are permitted TO publish, it is usually
with reservation that they are to conceal the
sources of their knowledge. Every honorable cor
respondent and the Journal which employs him
feels bound to respect such understandings on the
faith of which they were trusted with information
which they could not otherwise obtain. But here
tofore every committee of Congress has claimed
the power to dissolve such obligations and to ex-
tort from newspaper men secrets which they have
pledged their honor that they will not divulge
If the correspondent is firm enough to brave the
terror of Imprisonment rather than forfeit his
word the distant editors of the journal are sub
p0naed to Washington and piled with all sorts of
imperinent questions respecting the affairs of the
establishment with the same menace of imprison-
ment brandished over their heads. Such out
RACES on decency, honor. and private rights have
been TOO frequent. We thank the Supreme Court,
in the name of the press, that it has made their
repetition impossible.
THE DEMURRER OF
Nessrs Randall, Thompson e a. 10 the suit of Mr..
KilbOurn was to the effect that the power to i'm
prison a cOntumac;ous witness results from what
Is called parliamentary law. But Justice Miller
shows that the English parliamentary precedents
ere inapplicable in this country, and that the
powers of the two Houses of Congress are to be
sought only in the Constitution. Either House
may punish its own members, because that power
j. expressly granted: but the Constitution is
equally explicit in declaring that no person shall
ice deprived Of life liberty or property without due
profess oflaw. The arbitrary will of one House of
Congress is not due process of law. No witness is
bound 70 answer questions put by congressional
Committee unless the subject is within its lawful
jurisdiction. Justice Miller,
SPEAKING FOR THE COURT, SAYS:
We are sure thai no person can be punished
for Contumacy as witness before either House,
unless his testimony is required in a matter into
which that House has Jurisdiction TO inquire, and
We feel equally sure that neither of these bodies
possesses the general power of making inquiry into
he private affairs ofthe citizen"
These words deserve to be written in letters of
gold as precious imminent of the liberties Of
American citizens.
Justice Miller shows with perfect clearness and
precision. that the affairs of the Washington real
estate pool, about which KiIbourn refused to tes-
liy We're not within the jurisdiction of the House
Of Representatives He says: 50 In looking to the
pgeamGle and resolution under which the commit
ice acted before which Mr. KilDourn refuse to tes
lily, we are of opinion that the House of Rep
'c>entatiyes not n,yexcceded the limit of its own
authority, but assumed power which could only
'e properly exercised by another branch of the
government because the power was in its nature
clearly judicial.
WHAT wASTHIs COMMITTEE
charged 10 do: To inquire into the nature and
history ofthe real estate pool. What was the real
yate pool? Is it charged: with any crime or Of
Tense" IfsO, the courts alone can punish the mem
hers oft, Is it charged with fraud against the
government? Here. again, the courts and they
alone, can afford q remedy. Was it corporation
whose powers Congress could repeal? There is no
suggestion Of the kind Can the rights of the pool
oToIitS members and the rights of the debtor,
ana ri the creditor of the debtor, be determined by
ne report Of Il committee or byan act ofCongreSS?
hthey cannot what authority has the House to en-
Ter upon this investigation into the private affairs
% Individuals who hold no Office under the GOV
e"lneat: There can bc no valid answer to this
reasoning but a mere reasoning it could only
yDIaina1d the respect due conclusive argument
"D3 makes it 50 important is the fact that it is
:I1i'ia' decision rendered 10y a court from whose
Judgment there isno appeal. tits an authoritative
l0 plndIng Interpretation ofthe Constitution, in
Sr,posl.g he Tgi> Of judicial protection between
al cl'.Hen> and oppressive and unwarranted as
t-u'Poi's If power under false and odious pre-
'!iSe q parliamentary law.
a Terrible ShiPWreck.
retro Sala, 4 native of Trieste, the sole
:. OF the Italian bark Agneo, from Antwerp
SI Ne" York. which was wrecked on Rockaway