National Republican., 1882-04-22
INDICATED AGAIN.


this question, and desire gentlemen Of the jury, |
10
CALL ATTENTION TO SOME urTERANcEs
that were made al that time They fall with Pc |
euliar force on this question. read the words |
that fell from the lps Of James a. Garfield, then |
member Of the House Of Representatives. What |
said he upon this great question: Did he diher
from the views that am pressing here2 Did he
agree with the gentlemen on the opposite side OF
this case No, no. He said:
But there arc some things that courts aud congresses
and bousc, Representatives and people everywhere
must pay heed to- at least matter Of good con-
acience and discretion. Now wish to refresh the
minds Of gentlemen for q moment with n reference
70 the fourth article OF amendments TO the Consttu'
ton to see what they think IL means.
] will read that as he read 1t on the floor Of the
House:
The right Of the people TO be in their persons
Iouses papers, and effects against unreasonable
searches aud seizures, shall not be violnied and no
warrants shall ISSUE but upon probable cause sup
ported by oath or affirmation, and particularly de-
acrbing the place 70 be searched and the persons or
things TO be seized
No such procedure as this was had in this case.
General Garfield proceeded with his argument:
In our original proceeding the first step we took
admitting for the sake of argument our jurisdiction
and our right, did we use the proper discretOnf
He was speaking then of the arrest and impHson-
ment of Knbourn "was probable cause shown
why THIS PARTICULAR INQUIRY SHOULD
bo had and these particular papers be demandedG
Garfield made that inquiry just M did.
On the contrary, did not the witness declare his
readiness 10 answer II the committee would say they
had any ground for believing that he had IN his pos
session papers which would disclose or that true an
swer to the question would disclose single official
parsonage with whom this House desired to deal?
And they did not answer that they had any such
ground which TO plant the question. Then does
not this put itself in the attitude Of going toa
priv citizen and demanding that his private papers,
his private business shall be disclosed to then only
because they hope, yet without probable ground for
believing that the answer will disclose something
that may lead to something else? Why, sir, do
gentlemen remember that that article OF our Const-
tution put there by our wise fathers to prevent
precisely such consunnation as that? Do they re-
member that the great Algernon Sidney was visited
inquisltoriay, that his papers were searched tina!
his library seized and the result OF throwing
drag.net the whole, when no special allegation
OF any reasonable thing was made as to his papers,
there discovered manuscript essay on Liberty,
which he had written In the sccusion of his own
home. and which, being thus ished ont by the drag
net of that sort OF search and seizure, he was put
upOn his trial, condemned TO death, and publicly ex
ecuted traitor TO his country upon evidence that
could never have been disclosed except by unreason-
able search and seZuro7 Aud 1t was 10 prevent such
invusions OF personal liberties as citizens that our
fathers put this clause into the articles Of amendment
TO the Constitution.
THAT Is WISELY AND WELL SAID.
Gentlemen, these are strong, just words, none the
less strong that they come from the man who ut
tered them. He proceeds:
Now must say that the party TO which belong
have, in the stormy years of their administration and
career here done many things that looked upon as
of doubtful propriety and Or doubtful authority In
reference 10 the rights of private citizens In the
very turbulence of that time stepped forward to do
what could before the supreme Court to prevent
the punishment by military commission OF persons
whom had never seen, aud have never yet seen; OF
people who had committed an o0ense most offensive
in my sight against the country. But i was unwill
ing they should be punished unlawfuly, and did what
could to prevent such punishment.
That is the language of the late President of tn
United States; and ii he had no other monument
over his tomb while in fact he will have thou.
eands-if he had but this one to speak for him, II
would speak through all the universe, and show
that he understood the Constitution
AND WAS FAITHFUL TO PERSONAL LIBERTY.
But again. before pass from this debate, wish tC
read just one other brief passage from what h'
then said. He was at that time the leader Of the
House Speaking of this proposition to arrest a
man and mprison him under such proceedings as
were then pending he says:
That is to me a b Id and startling heresy that
This House Is above the Constitution That Is what
tried TO be. We brought II down 10 the level of II
when We got into the courts We have of course the
power to cxpel amcmber We have the power t'
preserve order. We have all those ordinary parlia
mentary powers. But when we have pushed these
according to the doctrine of my friend from Ohio
INF Hurdl the House may imprlsOn citizen fol
two years. aud the Senate may imprison him for lift
(because the Senate is an immortal body; when We
have pushed the privileges and powers Of this
House as to make II uncontrolled and uncOntrolla
able despot, u tyrant that overbears all boundaries
that forces It's way into all private closets, aud breaks
into every mans donicile, that It's power knows ne
limit but its own discretion that II shall have the
right to uncover the secrets of all families within
the Republic, that there shall he no privity 10 which
Il cannot penetrate, but, unTestTained by law unllm
tied by the Constitution, like the dcSpOs of the Mid
die Ages shall he lord paramount of all rights within
it's boundaries, is doctrine nonstrous, II adopted
by us, that II ought TO cover us with imftmy an,
bring down upon the wrath OF an outraged people
Lot this doctrine be once proclaimed and you arm
every citizen in hostility against the Congress of hi
country You make the House the natural enemy q
every citizen, and every citizen ought to he our en-
emy. 1 declare myself the impacahle foe o
such O tyrant and of the doctrine that makes suCl
tyranny possible. The doctrine serted to-day o
this floor would make this House the most odloi
tyranny that ever stalked abroad over any land
cnTse It,
Now, gentlemen of the jury, have though
proper TO dwell upon these points that surrounde
The birth of this case that you might see
plainly. Instead of there having been amy usser
ton of such authority contemplated by the Con
stituhon, under oath or Affirmation, what do 20
suppose the language was on which this arbitrar!
high-handed proceeding was based? "An
whereas Edwin W. Lewis, trustee of the estate an
effects of said firm fJay Cooke Il Co, has recent
made n settlement of the interest OF the estate
Jay Cooke Il Co. with the associates Of snid firm
jay Cooke d Co., TO the disadvantage aud loss,
it is alleged"-thele is the point: "ns II is a
legged" There is the assertion Of power on Il
part Of the Federal Government
"To THE LOSS AND DISADVANTAGE OF THE
Government as 1t is alleged" Alleged by whom
Alleged where? Under what Rutharity OF laN
IL there a lawyer in this body, is there lawy
here at this bar, is there court anywhere, Is the
Jury anywhere that would not spurn, scorn, al
silt upon such basis as that as the foundation
which to deprive Il citizen Of his liberty, cast hi
into prison, destroy his health, destroy his bus
ness, and threaten to sacrifice his life by disease
alt is ullegCdW Who alleges II? Who alleged
then? The Constitution pointed out how itshOu
be alleged on oath or affirmation. Those Yagl
words at Is alleged" Oh, what common III
they arc. "They say" in newspaper, is Il
proclamation of an article
RESTING GENERALLY UPON THE STATEMENT
Of liars. "lt is alleged" II is the irresp onsb
Worse than anonymous worse than irrcspun'
BILE. II is a bitter SANDER; vague, vile, creepi
SANDER. Universally II is in that form Of Wort
alt is alleged" That is ull you had on which
arrest Mi, Kilbourn, whose punishment in il
and whose sufierlngs there, are made 50 very liz
o. here. Not a single form Of law complied wi
And when we came bef. rc this Court six years u
this month"; see, in looking at this argume
that II was ON the 24th day OF April ls76-l h
the honor 4 addressing this Court then on a gr
question of law Now am addressing you m,
on questions OF fact
TIEN THE GREAT QUESTIONS or LAW,
Of legal right, were outstanding They were U
settled Precedent, authority, usage were quot
against Us to remand Kilboun back to prIs,