Evening Star Newspaper, April 28, 1876, Page 1

. "THE EVENING STAR. | PUBLISHED DAILY, Sundays excepte: AT THE STAR BUILDINGS, yivania Avenue, cormer Lith strect, eT The Evening Star Newspaper Company, | 8. H. RAUFFMANN, Pres’t. -« ING STAR és served by carriers to Ten Cents per ae Forty- four Cents per month. Cupirs ai counter, Bwo Cents ts By mad—pestage prepaid— Bizty Cents a month; one year, St, THEWEEKLY incon prema Priday— S28 year, postage prepaid. BF All subscriptions invariably in extvance, | We Rutes of aivertising furnished on application. ee Ve. 47—N&. 7,204. SPECIAL NOTICES. avary Departmen! ons and Guid A fell actexdance ts re negted apm: INCOLN HALL PATURDAY EVE - AT 7%: O'CLOCK. UNION MASS MESTINGS SES TO YOUN NVERTS Dre, BANatN & « PRAISE MEETING. HOME MUTUAL ATION (Organized Januar: eting for payment of 4 DAY. May 4 Hall.© & RVING WILLIAMSON, Se COLLECTOR'S OFFICE. DISTRICT OF COLUMBIA Wasnixetox. & IMPORTANT TO TAX 25 S ‘The attention of aif owners of real estate in ths District of Columbia is hereby called to the fact that penalty of two per c: ready accrued at. in eddition to tl fon the FIkst DAT sed po d tw for the en Jue 39, 116, and th es will on ye Firer y of Broxime begia to prepare a complete list of all on real property in arrears on sid \iste, to b Sithin ton days thereafter, in gureuanc ¢ Sertior of the act of Coperess, approved March 34. 17 ier JeN F COO wet BES MILBUEN'S SODA WATER. HATUBAL SPRING WATEES on Draught IOE-OOLD TEA. OOF FEE and CHOOOLATE. 1429 7 ENNSYLVANIA AVENTR, apls-tr “near Willard’s. » HENRY WIS: BNETT, ATTORNEY AT LA No. 1 Columbia Law Building, apls-im Sth street, bet D and E. E,W. WHITAKER, General Clarm and Collection Agent, 71S Ich strect, near Treasury Department, aims, Pension aud Bounty — $2.25 per 1,000 Cubic F CHABLES B. BAILY, febl-cowk M1 Seo. Washington Gaslight Ce. vi AUSTION.—A Medical ype engeinst lectures deliv Price, 25 cents. A: Office and residence. 51 Kost ih st... N.Y agg pt ATTORNBY-AT LAW. gree SonNcon s co, BANKERS, ¢ Gormer cf With Street ant Pennsylvania Avewe, Securities seplt-iy BASKELS, 1429 F street. we @. YOUNG, BOTARY PUBLIO, ctl? tt Orrice—Star BriLvine. PTICIAN —To the Pub ioc —My newly Bye giaes, «hich I pow manufac- ture with eight workmen, surpasses! any Eye. im the whole world. They can be a y two small screws te exactly fit the pose without any pain or unpleasant feeling. They are made of Brevi! pebble and the newly discov- ‘Bussis roby clase. For neatness ard lightness they cannot be surp: . Measure taken and order Billed in Bfteen minutes 18440 ALEXAND 1229 Penna. av. ep%-letp.tr loventor. Pstentee and Manufacturer. RANKLIN & CO. F OPTICIANS, No. 1297 Puxxsvivavia AVENUE. Qenaive Brarilian Pebble Spectacies. dec? ly.latp “4 BALM” FOR THE HARD TIMES. READ THIs. A GOOD FULL SUIT Actual Valce @12. B ss, & VERY CENTEEL SUIT EOB 810 Actual Value 915. QUITE A NICE SUIT FOR @12. Actual Value $17. FINE ALL-WOOL SUITS FOB #1 Actual Value $22. a ELEGANT BUSINESS SUITS FOR S15, Actual Value VERY SUPEBIOB SUITS FOR @20, . Actaal Value $2%. FINE CUSTOM MADE SUITS FOR @25, Actual Value 932. BOYS’ CLOTHING AT THE SAME LOW RATES. HABLE BROS., Merchant Tailors and Fine Olothiers, apiz-tr Corner 7th BD streets. P, © PARNEILLE, =" (Late Dodes § Darnetiie,) Real Estate and Stock Broker, Corner 7th street and Louisiana avense. MOBNBY LOANED IN 8UMS TO SUIT. HOUSES AND LOTS FOR SALE. wars}-Im yeveemanr To HOUSER EEPERS. Feather Beds and Pillows and Heir M nt and F. CHAPMAN, street northwest CAN CYCLOPE a a thes com pictt it ts Svery large spree nant cee Se roses styles of binding may Beeson went pages Gratie OB appitce- N4™ NAL SAFE DEPOSIT Co., Corner 15th 3t. amd New York avenue, FIBE AND BUBGLAB-PBOOF VAULTS. a | WASHINGTON, D. C., FRIDAY, APRIL 28, 1876. EVENING STAR. Washington News and Gossip. GOVERNMENT RECEIPTS TO-DAY.—Inter- nal revenue, $538 } Customs, £44 838 51. Me. WALTER H. FRENCB, of Boston, has been appoiated journal clerk of the House. RESIGNED—Wm. L. Ir.s,0f New York, who for the past two years has been in ebarge of the government telegraph office of the U. 8. Senate, has resigned. AND Now the Graphic is trying to pass off that Ben Butler-Haliet Kilbourn portrait as ue likeness of Dr. Lindermas, of the U. mint. Too bai! PERSON D. K. Cartter, collector of tie port of Genesee, at Rochester, N. is registered at the Ebbitt house. Mr. Carttes is a nephew of Justice Cartter. GEN. HORACE 7HTON has resicne! his position as clerk to the Committee on Mulitary Affairs. The inquiry into his pre. official conduct was yesterday stopped by the committee, and Jaid on the tabie. MR. CLAPr, the Congressional Printer, has sent a note to the House Committee on Printing alleging that as an officer of the Senate that committee has no jurisdiction over b's acts, and intimating that hereafter he may decline to recognize its authority. THE AMOUNT of new national bank netes issued during the month of April wa3 sir4.215. Eighty per cent. of the above amount ( 4 in greentacks has been retired, reducing the ouistanding legal ten- ders to & a THE Senate Committee on Commerce have decided to hold evening sessions for the con- sideration of the river and b arbor appropria- tion bill, In order to get through with it hefore four of their members, who have been appointed on the Mississippi investigation committee, start southward. AND YET ANOTHER WORLD —By astro- nomieal telegraph to the Smithsonian In- stitation this morning, Prof. Perrotin, of ‘Toulouse, announces the discovery of & new planet of the twelfth magnitude, in 14 hours 12 minutes, right ascension, in degrees 24 minutes declination south; dally motion 7 minutes. ALABAMA CLArI —The Treasury de- partment has settled the twelve hundred and four claims adjudicated by the Court of Alabama Claims, amounting to © ,030. ‘Ibey will be paid on Monday next. There still remain about one thousand claims, amounting to $5,000,000. Recent commani- cations from London indicate that the Brit- isb government will make a point on the use of the unexpended baiance. ConrIRMATIONS.—The Senate yesterday e nfirmed the following nominations: S. W. Marston, of Missouri, agent for the consolli- dated agencies in the Indian territory, (the nomivauon of W. P. Ross having been with- craws,) Stephen Moffatt, collector of cus- ms for the district of Champlain, N. Y.; liiam Wells, collector of customs for the istrict of Vermont; John W. Groesbeck, postmaster at Harvard, Ill. THE CASE © ATOR SPENCER.— Briefs in the case of the Alabama legislature against Senator Spencer have been sub- mitted to the Senate Committee on Privi- leges and Elections which met to day. 3 corsideration of the arguments as presenYed by counsel was postponed until the vext meeting. Gen. Morgan, counsel for the me morialists recites the testimony, and «aims teat sufficient evidence was adduccd during the investigation to show that Spencer o»- tained his election by corrupt means. Mr. neer’s counsel claim that tue prosezation utrerly failed to establish their charges of corruption. THE CARINET MEEMNG today was an anusually long one, the question under con- sideration being whether the heads of depart- ments should submit original papers to the Congressional committees. It will be re- membered that this question was referred to the Attorney General at the last Cabinet meeting for bis opinion, and be has been giving the matter a good deal of attention for several days. The meeting adjourned at half-past two without decidiag the question. As the orders for papers were upon the Secretary of the Treasury, who was detained before a com- mittee to day, the case was postponed until early next week, when a special meeting will be held to decide it. THE MISSISSIPPI INVESTIGATION—Ex- conination of ex Governor Ames.—Ex-Governor Ames, of Mississippi, was before the com- mittee to inquire intoelection frands in Mis- sissippl yesterday and to-day, and testified &s to the eristence of a general system ot 1. timidation, fraud and violeace by which in all the republican counties the voters op- posed to the democracy were prevented from exercising their franchise. He showed that it Was impossible, without bringingon a bloody collision between the two races (as he was not sustained by federal troops), to secure to the negrees their rights at the last election; that there were riots, shootings, jong hr yl gener a of intimida- lon; that the peace officers were in some cases overawed and in other instances exiled, and that in a word no black republican had apy rights which the democrats felt bound to respect. He showed that the pretext of robbing the state, so often made, by exces- sive taxation was wholly ungrounded, as the rate of taxation in res is only 70 cents a head, whereas in New York itis Sivahead. His testimony will be continued for some days, ag it covers the whole field of Investigation. SECRETARY BRISTOW INDIGNANT.—Judge Bright, of Tennessee, though not acting in the capacity of chairman of the committee examining Into Secretary Bristow’s connec- tion with the Mary Merritt case, has shown a disposition to dictate largely how the ex- amination shall proceed. ‘o day he mate one or two suggestions to witnesses which were calculated to bea! inst the interest of the accused. When the committee ad journed Bright went over to where Secretary Bristow was sitting, at the other end of the committee table. and extended his hand to the Secretary. The latter replied, -‘No, sir; leannot shake hands with you.” The re- fusal threw the Tennesseean into an excited state, and he protested that he should do hig duty, and that if Secretary Bristow was found guilty he wouid join in a report to that effect, but that if he was innocent he sbould likewise unite with his colleagues in So stating. Mr. Bristow intimated rather strongly that Bright had even gone outside of the committee room to get at evidence in the Mary Merritt case, prejudicial to him. The upabot of the whole matter was Bright went into a long explanation, and the acer- bities between the two finally quieted to @ feeling of good nature. This is the first i stance bg mig F one accused has had the nerve to know his rights before a House committee, and Knowing them dare main- tain them. a The State Conventions. NEW YORK DEMOCRATS. After our tel phic report of the pro- ceedings in the New York state democratic convention closed yesterday, and after the anti-Tammany crowd took their departure ur delegates at large to the St. Louts con- vention were chosen 2d a platform adopt- ca. The district delegates were also selected. The delegation to St. Louis was not instract- +c tovote for Gov. Ti! ten, but he was com- mended to the national convention as a can- didate who could carry New York. TBE ARKANSAS REPUBLICAN CONVEN- TION met yesterday, selected delegates to Cincin- Pati, and instructed them to vote for Se: Morton for President. In view of the fact that democrats at the election in 1574 polled 9,000 more votes than there are male citizens over 21 years of age in the state, the convention deemed it unwise to make any nominations for state officers. GuILty.—The jury in the Wishart, Burns and Calvert bond conspiracy case at rEenpee, ~ Lena peed ea esterday, retarned verd: a! . S7-F. M. Darby and Lewis E. McComas, of ington Wasbi county, are of as candi- cates for the repu' Ic pominanon for Coa- grees from the sixth district of Maryland. THE HALLET KILBOURN CASE. Decision of Judge Cartter. The Writ of Habeas Corpus Sustained. The Reeneant Witness Pelivered to | the Criminal Court for Trial. In the f'npre riet of Colum- b fore Caler J r ing tn | cbambers, this morning, the was | read in the matter of Hallet Kiibourn’s pe- tition for the writ of habeas corpus. Tn proceedings took place in the Circuit Cour room. There were not many spectators present, &8 If Was not generally kKoowa that | ibe decision would be avnounerd this mora- ing. The Court was opened at ten o'clock, | and after a 1ew minntes delay oceasioned by | the latearrival of Mr. Kilbovra and some of the counsel Judge Cartter read the opinion 4s follows STATEMENT. The relator, Hallet Killfourn. presents his petition under eath, stating therein that he s unlawfully imprisoved in the common | ailof the District of Colambia by John G. ‘Thoropson, Sergeant-at-Arms of the House | of Representatives of the U. S. Congress. iuder an order of said House; and asking hat the writ of habeas co.pus shall issue to said Sergeant-at-Arms commanding him to bring the relator before the court, to the end tbat the cause of bis detention may be in- «uired Into; and if found to be illegal, that lie may be discharged from custody. The writ is duly issued and served upon the Ser- geant-at-Arms, who responds thereto by bringing the relator vefore the court, and makes a full and formal return of the causes for which he is held in custody. Tne re- spondent states at length the history of the case leading to the arrest and confinement of the relator, the substance of which sta:e- ment, in brief, is as follows: Tae House of Representatives, being duly organized, was ip lawful session on the Zith of January, 1s76, and on that day resolved to appoint a special committee to inquire into the nature and bistory of a certain matter known as the “rea! estate pool,” in the District of Co- lumbia, and the character of a settlement alleged to have been made by the trastes in vankruptcy of the estate of Jay Cooke « Co. with sald real estate pool, the government being @ creditor, and interested in the as- sets of said bankrupt firm. Such committee was duly empowered to send for persons aud papers, and directed to report the result of thelr investigations to the Honse. The committee suvseq uently appointed co n- menced its inquiry, and, to that end, causet a subpeena duces tecwn to be issued and served upon the relator, commanding him lo appear before it to testify, and to bring with him certain deeds, books, maps and otber papers relating to certaib described Jots and squares of ground in said District. The relator appeared in obedience to the subpena, and Lestified in answer to certain questions; but on being asked whether he bad brought the papers and documents re- ferred toin the subpmna, answered in the negative. He was asked further 1f he was willing to produce them, and he again an- swered in the negative. He was then asked if he refused to produce them in response to the subpeena, abd he answered tn the atlirm- ative, ciaiming that his papers related to his private business, and wat, like every pri- vate citizen not accused of violating law, he bad the right to be protected in his papers. The relator farther declined to answer cer- tain other questions asked him,as to the place of residence and the names ‘of the per- sont who were members of said real estate pool. besides. the firm of Jay Cooke « Co. Upon this refusal of the relator 80 jo auswer juestions and produce papers, the®commit- lee reported tue matter to the House, and that body ordered a werrant to issue for the arrest of the relator, and to bring fore the Howe to show cau ovld not be hed for contempt. in obedience to th rrant the relator was to the bar of the House, where the Speaker #@skeJ him the same questions which bad refused to an eommit ad on his a him be- why he wiged to be in contempt of the ni was ordered into custody of the respon! to be kept in his custoiy ia the comm 1 of the District of Columbia watil he pe That im pursuance of this order of ine House @ warrant was duly issuet to the respondent, and in obedience thereto he ar- rested and tow detains the tor. To tis return to the writ of /abeas corpus the relator makes reply, in which he staies that on the iith of March, 1576, the Speaker of the House of Representatives sent his ceritficate to the United States Attorney for the District of Columbia, stating therein the fact of the subpcena and the refusal of the relator to obey tue same, or to answer the questions put to him touching the matter under inves- Ugation; that the District attorney had pre- sented said certificate to the grand jury. and thatan indictment had been found against the relator on which a bench warrant had duly issued to the marshal of said District, and which had been returned unexecu'e!, the respondent herein declining to surrender the relator to the marshal. That the indict- ment charges the relator with having com- mitted the same offense and contempt meu- Uoned and described in the return of the re- spondent herein, and that said indictmeuot is still depending in said court. Waereupon he prays that he may be admitted to ball to appear and answer said indictment, and, on giving Such bajl, discharged from custody. It is claimed by counsel for relator that the question, whether the House has power to punish for contempt generally, need not be inquired into In the present case; as the facts are so fully set out in the return and reply thereto as to make this a special mat- ter; So that the only subject for inquiry here is, bas the House jurisdiction to punish the particular contempt described in this case? itis admitted by counsel that the power to punish for contempt does exist in the House, lo the extent al least of self-preservation:; to protect its own being; and that this power is an implied power, which it is urged must not be carried beyond its necessity. It is claimed that both Houses of Congress, being thus protected in their sessions by this im plied power to punish for contempt, can then by legislative enactment provide methods and tribunals for tbe punishment of offenders, and for the better protection of themselves, than by this undefined and im- plied power; and that having so eymbined and passed @ law, as act of 155;—R. 8. P. li—wherein the certain offense therein de- scribed is to become a misdemeanor, aud is to be punished in @ certain manner, to wit, by indictment and trial in the District of Columbia, then that particular offense of refusing to testify or to bring papers in obe- dience to the order of either house, can be no lovger punished under the implied power | vested in tae House where the contempt is committed, but must be certifiet to the grand jury of said District in obedience to said law, tbere to be tried as any other crim- inal offense, by ajury. It is further claimed that this particular contempt having been declared by said statnte to be a misde- meanor, cannot be punished by the House under its implied power, and again by the court under the express authority of the statute; for that wi be in violation of the tional provision that no person shall | be twice put in jeopardy for the same offense. It is imed by counsel for res} lent that the implied puwer to punish con- tempt is granted to the Represen’ lives by the Constitution as clearly though ft had ae in words; ant t oeing 80 ited, 1t must remain where the Constitu places it. juentiy that no legis! can annul, dives(, or dl- the diction = 5 g the offense against the within tke maning of the word as used in the section of the Constitation which provides that no person shall be sutject for the same offense to be twice put in jeopardy of life or limb. That whether the matter under investigation by the House, when the contempt was com- mitted, though claimed to be for proper leg- islative purposes, was strictly within tae scope of its jurisdiction as ‘a legislative boy or not, cannot now be the subject of in- quiry, that that was a question for the House to decide, and not for the witness; and that the contempt was equally an offence against the House in either case. That in a trial by the House for contempt, the matter of jurisdiction is the centempt itself, and not thé matter on trial when the contempt was committed. That if the matter under inves- Ugation by the House has color’of law for its support, and is not sheer usurpation of au. thority, and an act of violeace, then the courts are powerless to interfere wila its jnésment for contempt committed by ness during the progres# of sach investiga. tion. That the imprisonment of the relator, while it is in the nature of a punishment for the offence, is also for the more important purpose of compelling him to testify; aud in this view is remedial in its nature, and can be terminated by the relator himself on his signifying a willingness to testify, and to produce his papers. That while he can thus iberate himself from the restraint imposed by the House at any moment, by thus purg- ing himself of the contempt, he has no power to relieve himself from puvishment uader the statute for his offence against the public; and that this shows conclusively that fico offences have been committed in the one act House is not OPINION. The consideration of this case, in the light of authority and the able and exhaustive ar- gument of counsel, with such reflection as I have been ableto oring to the ald of jadg- ment, bas reduced the yuestions invelved in it to the inquiry, whether tne House of Kep- resentatives possessed jurisdiction for pun- isbment over the person of the relator. If the House of Representatives nad jurisdic- tion in the subject matter of the inves.iga- tion, and that jurisdiction was not termi- nated by the judgment for contempt, the ju- risdiction was exclusive of the power of the writ; and it is not within the province of the law, or law tribunal, to inquire into, or ques- Uon it. On the other hand, if the House did Dot possess constitutional power to make the Jovestigation; or if that wer, in panish- ment of the relator had exhausted Itself with the judgment for coptempt, the rights se- cured to the relator and every other citizen by virtue of the writ ben agar and the ju- risdiction and power of the law tribunals charged witb the duty to give the writ ef- fect, obtain. It may be regarded In the light ofunvarying authority, that punishment for contempt within the limitations of the juris- diction of the House, whether the House to be considered as a court or not, is conclu- sive of judgment, and may not be inquired iy to by wilt of habeas corpus or otherwise. It isa right inherent in the jurisdiction of the tribunal, essential to its integrity and pres- ervation, and inviolate from the interference of jurisdietion disconnected with the tribu- nal exercising it. The predicate of judgment leads me first to the toquiry: Whether the power of the House to inflict the punishment involved in its order, bad been transferred by Jaw to the adjadications of the courts? The first effort of Cengress to regulate the subject of punishment for contempt by law, trauspir:d January 24, 1857, and is foand on page of the IT. vol. of the statutes at arge, iui an act entitled ‘An act more effec- tually to enforce the attendance of witnesses on the summons of either house of Congre: and tocomyel them to discover tesitmony.” | The second section of this act relates to the | protection of the witness from prosecution for testimony se given; and the firstand thin | sections are as follows : © Be it enacted by the Senate aul House of esentatives of the United States of Ainerica in Congress assembled, That any person sum- moneéd as & Wiluess by the authority of elther House of Congress to give tesiiuiony or to produce papers upon auy matter before either louse, or any committee of either House of Congress,who sual\ wilfully maxe defauit, or who, appearing, shall refase to question pertinent to the matter of in consideration before iee by which he shall be examined, shall, én uh m to the puins and penilties now exisiies, be Nabie to indictment as ana fora misde- meanor, in avy courtof the United States having jurisdiction thereof; aud, on convic. tion, shall pay a fine not exceeding one thou- sund dollars, and not less than one hundred dollars, and suffer imprisonment in the com- mon jail not less than one month nor more than twelve months. ec. 5. And ve it further fnacted,Tuat when a witness shall fail to testify, as provided in the previous sections of this act, and the facts shall be reported to the House, it shall be the duty of the Speaker of the House or the President of the Senate to certify the fact under the seal of the House or Senate to the District Attorney for the District of Co- lumbia, whose duty it shall be to bring the matter before the grand jury for tneir action.” Aguin, on the 2ith day of January, 1362, by an actentitied “An act amendiag the pro- vistons of the secoud section of the act of January twenty-fourth, eighteen hundred and fifty-seven, enforcing the attendance of witnesses before committees of either House of Congress.” 12 Stat. Large, 505. This amendment is not material to the matter under consideration, farther than as @ legisiative recognition of the otuer sections | of the statute then existing. This is the history and terms of the action of Congress up to the act of June 22, isi4, en- Utled **An act to revise and consolidate the statutes of the United States in force on the first day of December, Auno Domini one thousand eight hundred and seventy-three.” The last expression of legisiation, and the present law. \ Sections 1/2 and 104 of this act, are as fol- lows: “Sec. 102, Every person who, baving been Summoned as a Witness by the authority of eitrer House of Congress, to give testimony or to produce papers upon any matter ander inquiry before either House, or any commit- tee of either House of Congress, wilfally makes default, or who, having appeared, re- fuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of a misdemeanor, punishable by a tine of not more than $1,000 nor less than $100, and imprisonment tn @ common jai! for not less than one month nor more than twelve months.” “Sec. 10. Whenever a witness summoned as mentioned in section 12 fails to testify, and the facts are reported lo either House, the President of the ate or the Speaker of the House, as the case may be, shall certify the fact under the seal of the Senate or House, tothe District Attorzey for the District of Columbia, whose duty it shall be to bring rane tee before the grand jury for their action.”’ The first and natural inquiry in the light Of this legisiation is the question, why. was it enacted In the form and substance that we find it” Ordinarily, to a legal tribunal charged with the administration ot the law, where the law 1s unobscurc and its language definite, itis sufficient and conclusive that it is written by the law maker; but laasmuch as the constitationality and purpose of these statutes have controverted in the argu- ment, it may not be out of place to inquire why they were passed. 'y reflection has no difficulty in finding apt and ample reasons for the interposition oF. the statute. The antecedent ition of appear to me ample reasons for this These statutes have further ton. ifi- cance. By reference to the statutes it will be seen that Con: cont ated ones) ities to oe peaalties that inhered and so expressed it in the words, ‘in addition to the pains nalties now present statute, for some reason in the wis- dom of » the manding it, stands barrassed, not. an expression legislative, will, bat as Power .woinfiiet double %. It cess of indictment and trial by jury. To avoid the force of its plain m: jected, Earet That if itis substitu oe ee toes ite ou Rea of the united branehes of the national legis- ise entered sea gta ment that either branch of Congress | istered, universally in the courts of the its power from the constitution; and that it is Ipanenanle, although alienation is con- curred ip by the entire law making power. This proposition invites me, sitting as & Jndge at Chambers, to pronounce uncon- stitutional the solemn legislation of Con- gress, im deference to a latent power residing in the House, at the request of the House of Representatives which pronounced its judg- ment of its constitutionality by uniting in the passage of it. If reasoning inclined me to the conclusion urged, 1 should Lesitate long before resolving it into Judgment, . ..: it does not. The act does not Imply tne ab- negation of power on the part of the House or of the Senate to inflict puvishmeat for contempt; but on the contrary, recognizes that power, and exercises it in denomina- lng the offense a misdemeanor and punish- ing it as such. Again it is urged, that the penaity of this law is cumulative of toe punishment, and not substitational of the law and punish- ment that resided in the House before its passage. The first answer to this position is that there is nothing in the language of the statute or its pature indicating that the penalty imposed by it is to operate as an addition to any pevalty that might be in- Micted by the House for the same offense. If ibere was any such purpose, it is more than conbtful whether the constitution would permit it to be exercised. The second clause of the 5th amendment to the copstitution is this: “Nor shallany person o@subject for the same offense {9 be twice put in Jeopardy of life or limb.” It has been attempted to justify this mat- ter by the authority that doubie punishment may be faflicted where the act lovolves two offenses; as in the case of committing a con- tempt in the process of committing a crime; and In the case of committing, tn the same act, an offense against two sovereignties While this is true, it constitutes no aid to Jadgment bere, inasmuch as here the sover. eignty is the same, and the offense is the same, and that is, contempt. The offense against the Honse, and the offense Involved in the prosecution of the indictment being the same, a double pun- ishment cannot wait upon it under the con- stitution. That the offense is conclusively one is made certain by all the documentary evidence in the case. We find the offense first described tn the record of the procee1- ings of the committee where it occarred as follows: “Q. State whether you have in your pos- session now and nave brought to the com- mittee room the papers, documents, memo randa, &c., referred to in the sulypena duces fecum served upon you? A. I have not. Q. State whether you are prepared to pro- duce them at this sitting of the committee? A. lam not preparca to produce them to- day. Q. State whether you are willing to pro- duce them now or at any fature sitting of this committee? A. As at present advised 1 am not prepared. Q. You refuse to produce them before the committee In response to this subprena? A. Yes, sir. I would ike lo state the reasons therefor, &c. This describes that part of the offense Which consisted of the refusal to protuce the papers. The refusal to answer questioas is described a3 follows: “(. How many members of the pool were there before you became a member? I he- heve you have in fact answered. A. Five gentiemen besides Jay Cooke & Co. put in +5.000 apiece. Q Will you state where each of these five members reside? A. I do not know that I could do that. Mr. Chairman, if you will indulge me, I respectfully decline to give any testimony as it relates to these individ- nals. Q. Do yon decline to state where they re- sice? A. I do not know that Icould. I could upon reflection, probably. By the Chairman:—Q. Would you refuse to State if you knew?” We want to know whether that is one of the questions you de- cline toanswer. A. I vecline to auswer ex- cept upon consultation with my counsel. y Mr. New:—Q. For the present you de- to state, even if you were certain as to locality, where they do reside? A. Yes, I respectfully decline to state aaything in relation to Individuals wh siness with us, except upon consultation with my A. That I beg to include in the same answer.” The offence, then, is made up of two things—the refusal to produce the papers, and the refusal to give the place of residence and the names of the five members of the realestate pool. This offence is again de- seribed in the same words, in the report of the committee to the House; tn the proceed- ings of the House when the relator was brought to the bar of the Houze to show cause; in the certificate of the Speaker to the district attorney; and in the indictment presented by the grand jury. In fact, it is consented on ali sides that the offence is one; one act, ove fact. But it is urged, although one offence, it meets its several puaishments in the several forums for distinct purposes; that the relator is punished in the courts in tbe penalty of transgression; in the House, to make bim testify. In one place to visit nim with the penalty for what he has done | or refused to do; ia the other place to com- pel bim todo. This proposition avows the doctrine that in addition to penalties and punishments for contempt, the House has the coerce the recusant witness to testify. power, as distinguishabie from penalty, is not given by the Constitution in express terms, either to courts or legislators; nor is it to bederived from the spirit of the Con- stitution, or found in the géulus of our in- stitutions, or the spirit of our peopie. it is 80 Obnoxious to the common law as admin- country, that they will not even permit con. fession of guilt unger duress. If by coercion is meant merely the intla- ence that penadty furnishes to persuade the party to testify, coercion enters into the law provided for the punishment, and Coagress bas already provided for it by law. Tt is urged again, that !{ the power of the House of Representatives is resolved into this law for the punishment of contempts, it readers the House helpless in the way of enforclug compliance with its orders to testify. If this be so the reply is, that Congress is the law making power of the country; and if the law that they have instituted is inadequate to the end, they have the power to make It se- verer, or if Do law will supply the place of the inherent and undefiued authority of elther House, they have the power to repeal it, and repossess themselves of the uudeflued authority displaced, or defined by this stat- ute. The power of punishment under the statute is not in extinguishment Of the con- slitutional rigbtof punishment for coatempt. but in definition and expression of it. A re- peal of the expression and limitation of the exercise of the power, leaves the subject where the statute found it. With the jadg- ment of the House tn coutempt, its power to punish terminated, and the punishment pre- scribed by law supervened; in pursuance of the authority and command of the law, the Speaker certified the ofience to the Dis- trict Attorney; and the grand jury found an indictment against the relator, which brings bis body within the jurisdiction of the court oe with trying the offence stated, to which tribunal I feel it my duty to deliver him for trial. 1 cannot dismiss the subject without no- labor and leara- Dg in the argument before me With great ability, bas been devoted to the ellen sd Coch eee doar pie nd my decision; arguments illustrative me , to institate the in- of the citizen to the relator of bis private business as a contribution to the in tion. The conclusion which J have reached as to the of the statute renders it _. g Star, TWO CE FORTY-FOURTH CONGRESS. FRIDAY, April 2s. SENATE.— At the hour for the opening of the session the number of spectators was not balf 60 creat as on yesterday, the re- served galleries containing but a sprinkling of spectators Mr. Antony, from the Committee on Printing, reported the House resolution to print the report of the Commissioner of A ¢- rieulture With an amendmeat providing for 25,000 copies for the use of the Commis sioner. He said the committee bad left tor hereafter the question as to the printing of this report for general distribution. Mr. Sauisbury, a member of the comm!t tee, stateu his dissent from the report of the committee. He saw no use of printing this report by piece meal. The habit haa been to pript several bundred thousand copies of Unis report for general distribution He was in favor of this, and he held that the question should be decided at one time. Mr. Davis also expressed a <lesire for a provision now for printiag this report far general distribution. He though! 2 comies too mapy for the Commissioner Agriculinre. Mr. Paddock moved an Print 250.000 coptes of the sam of endment to for geuera! stribution by members of Congress. The resolation then went over. Mr. Sargent, from the committee of con- ference on the bill to exclude the state of fissourl from the provisions of the act to promote and develop the mining resour of the United States, submitted a repo which Was concurred tn. Mr. Hamlin submitted an amendment to the rules of procedure of the Senate in im- peackment trials, 80 €8 LO provide that the decisions of the Senate on all questions which may be raised shall be considered to open session, instead Of in secret session, as now provided. Hesaid he wantet the rea- sons which goveraed tbe Senate In its deci sions to be Known to the world. Theamena ment was laid over till to morrow. Mr. Conkling presented joint resolutions of the New York legislature asking the passage of legisiation for the protection of emi- grants. Referred to the Committee on Com- merece. ‘On motion of Mr. Anthony, !t was ordered that the proceedings in the impeachment Urtal be printed separately from tne opening of the trial, and be printed separately daily, &nd that copies be furnished wo tne House of Representatives. ACHMENT TRIAL. P- m. legislative and executive business suspended. Gen. Belknap and his counsel entered. The Sergeant-at-arms made the usual proc lamation, and tbe Secretary was directed to notify the House of Representatives that the Senate was ready to proceed with the trial of the impeachment. The managers were annonneed and con- ducted to their seats. The minutes of yesterday's proceedings ia im, ment Were then read. ‘he motion asked for by the managers that the evidence shall be put in and the trial pro ceeded with in advance of the decision of the question of jurisdiction was read. Mr. Manager Lord said ine managers had nothing tosay just now. M:. Carpenter said for the same reason Ubat the counsel for the respoudent had asked Ube postponement yesterday they would now do all tn their power to hasten the case be- fore the Presidential furpace was heated seven times. The counsel wanted now no celay that was not absolutely necessary. To the first part of the motion of the managers that the evidence be put in the course! made no objection, but to the rest of the motion they interposed a decided protest. They objected decidedly to the managers controlling both sides of this case. He said it was impossible that counsel could prepare their argumen: time mentionéd by (he managers. They had been employed in this case when at the same lime they had engagemeuts elsewhere. As said yesterday, the books in the library whicl they wauted were now out. He cou sideyed the question on which they were requhed to argue as the cravest question ever brought before any tribunal in tots country, it was whether the Senate had crimival jurisdiction over forty milion of opie. The counsel asked now for two weeks fn which to prepare their argument. They did not think, In justice to their clieat, that they could be ready sooner, and he would say that if this Ume was granied, they would ask for no further delay, but tha! (he trial! should go on day by day. Mr Manager Lord read from the impeach- ment proceedings of the I7th, to show tha’ Mr. Carpenter had indicated that the coua- sel would be ready to goon when the repll- cation of the managers was filed. The coun- sel certainly was acting in good faith whea he gave such an intimation; and the mana- gers, acting on that intimation, had gov- erped themseives accordingly. In refereace to the question of jurisdiction, he commented on the rejoinder of the respondent to show that he admitted that be had resigned to es- cape impeachment. The facts were that the respondent was ip office on the second day of March, when the House resolved that he be impeached. In conclusion, Mr. L. said the managers were ready to go Ou with the trial, their witnesses were here, aud they asked that the Senate should proceed. Mr. Carpenter said that he had said that if the managers did what a, wy they would do—that is, if they filed a demurrer to our plea, we would be ready to proceed. He did not mean that they would be ready toargue. Anything that is done is a pro- ceecing. We are proceeding now, but that is very different from being compelled to se on wilh arguments. It is simply impossible. The managers have had two or Unree weeks to e thelr case; they have been given ed that they did not ask for one mo Rent’. delay for the sake of delay. The Al- mighty ui buman means at times to carr; out his ends. Belknap could not do any bet- ler, and it was impossible for them to be Pp rly ready before the time asked. He seid pow, on his professional honor, that if this request was made tn any court of origi- nal jurisdiction, the courtesy of those on the c.her side would not allow them to refuse. Mr. Manager Lord said every one but the counsel himseif had Rt the construction on his language put on [t by themauagers. He said when there was @ will there was a way, and if the fearned counsel would put his mind to the case he could be ready. Under all the circumstances of the case tue maua- gers were satisfied lhalgthey were perfectly justified in asking that the trial be proceeded With at once. Mr. Conkling said before this question of time was disposed of he wished to submit & motion of another character which he con- sidered a8 vastly more important. He suab- miticda motion that the Sepat» hear aad determine the question whether W. W. Bel- knap, the respondent in this case, is amena- bie to trial after bis resignation as Secretary of War, for acts alleged to be done while bolding said office, and the motion that tes- timony be heard touching the time and lace of said resignation, and the motives touching the same be reserved until this question is considered. HOUSE OF REPRESENTATIVES.—Mr. Banks ( Mass.) by unanimous consent intro- duced a bill to extend the force and efficiency of the homestead laws. Referred to Com- mittee on Public Lands. Mr. Cox (N. Y.) introduced a bill to fix the rate of postage on certain mail matter and 8 » Davis, cffered by Mr. “ye N.C.), eee 84.090 for the Gharitte SC. wus Fedueel to 82100 and ment it poaponee bi MM asioat, iil), to re x restore the sot the territorial adges fe a aed me division being 6 to 65, Tellers were demanded, and the vote re- enlled—ayes 77, pays 0+. The yeas and cays were then ordered, and = amendment was reetied—yeas ©, nays The smenc ment restoring thesalary of the Commissioner of Agriculture, offered by Mr. Caldwell (Ais) and adopted in comm!i- lee, WAS rejected by the House. The fourth section was reached, and Mr. Seelye (Mass. )renewed bis point of order that the section which transfers the Indian berean to the War department, was not ger- mane to the bill not in the nature of retrenchment Mr. McCreery (lows) made « carefaliy pared argument in support of the point of or. cer, bolding that tn ruling the Speaker ma+t be governed Dy facts. and not Indulge In cal enlations and speculations a6 to the possible Telegrams to The Star. Hives in this city, is car- stematic Cincinnati, and of various sorts ms tm all parte of the Uotoa and rring them to bankers and other scity. When the gorts ately taken from the jepote and trans- Xpress offices or fre es for any amount Nor- erred to other pa or bis cor get for them. > was In the Ohio penitentiary for Dg nearly a year, bat was discharged legal *e cality, and bas been ess since on « larger business. = The Steamer Goethe Disabled mY Me -Agr The steamer Amer arr from New York ports that on Ay Ar ved here toda he spoke tt ner Goethe, Hambarg, ng to the eas F propeller ge ci assistance. The ne: Thue signaled a westwi od Hamburg Am " steamer, intend ai the Goethe,’ but the reports that the Hamburg steam. jon to her siguais, and pro Panera of Bara New Yokk, April Fne taneral of tue late Barney Williams took place to-day, at St. Stephen's Reman Catholic church, and Was largely attended Jing @ largenum. ber of members of the theatrical profession, His remains were interred in Greenwood cemetery. There was @ profuse display of floral offering ———_e.—___. Ratlroad fra) Sr. Lovis, A) ~—A private telegram n Davenport, says Judge Dillon erday ixsued a decree transferring the sourl, Kansas and Texas railroad from bands of Wm. Bond, receiver, to the te Union Trnst_ company, of New York, and ®ppointing Wm. Bond its general manager. —e Arrested. Boston. April 25.—Arthor P. Devlin, who bas achieved some notoriety in New Eog- jand a8 an anti-Catholic lectarer, was ar- rested bere to-day for ctroulating o>scene pamphiets devoted to the exposure Of alleged Immoralilies of priests France Agitated Again. PARIs, April 2s —The agitation in favor of amnesty is cieating 80 mach feeling tat the government contemplates repressive measures. ° mr ‘m Persovals. Loxpon, April 25 —The Em: or Ger- meny is expected to arrive at Windsor next Wednesday, on & visit to Queen Victoria. Thomas Aird, the English poet, is dead. —$$$——— nie consolidated, arolina sixes, ol! bid to-day. Sager z, middiing, 1% al2 %4.—Cotton dull apd heary— your Jal! end a ri id Scouts lower—No 2 Wheat dull ‘western rel, 1.45 8147; Pennrylvania red, 1.838103, Maryland 230i 0; do. 185; do. white, 14a) OGcrn—rout! frm. western, fi T and scti’ routhern white, Sa62; southern velioy erp mixed, 63, «pot and April, 61°. bi Gull but *teady—soutbern good "to Shite. 46445, western mix are jn A2adk, western a siden, inal. Butter @ ‘ime to choice, 244%: do, Petroleum excited—crade7%! Coffee quiet unchanged: pre 20 ode , Bnd oneet- rat x ra A Yo April 2° —iour dull Wheat quiet acd heavy. Corn changed Mgrs April el ind > @ “er HAs for h mney ard the accouat J. 8. & . s865e, US. 5 Erte, ey - sath The Barque Mary Merritt Investiga- tion. THE TESTIMONY TO DAY. The Committee on Expenditures in the Treasury Department met this moraing aad resumed the investigation into the matter of the release of tha barque Mary Merritt. Secretary Bristow and Solicitor Blafora Wilson Was present. The first witness ex- *mined was Edward G.Jonnson, who - peared as the attorney for those interested ia the vese and came to Woctington in March. 1874, to secure a remission of the for- feiture. He was introduced to Secretary Bristow and Solicitor Bluford Wilson by Senator Carpenter of Wisconsin. When Car- penter introduced him to Mr. Bristow, he (Carpenter) did not al the time speak of the merits of the case, but remarked that Jobo- Son WAS &0 attorney for the owners of the ill- fated Mary Merritt. Ata su’ view, at which Mr. Biaford Wilson was present, tbe latter said he bad examined the petition submitted by Jobnson, and he was strongly inclined to tavor the remission. in reply to questions by Judge Cate wit- ness stated be had ly told District ae, Hubbell, of Milwaukee, when returned to that cliy after his visit here In March. that Secretar; Conant, but that be never meant to conve; the impression that Bristow purposely in order to bave Conant issue the warrant Cfadge Let Hubbel, disttict attorney for Judge Levi istic! Milwaukee, was then sworn: He said that he remembered distinctly that when John- son returned to Milwaukee be came into his of time that it would net be Bristow went to Philadelphia, and then ‘the acting secretary would settle tae matter. Judge Bright. What impression did that make on your mind? The Witness.—I don’t think I ought to give my impression. I give the committee tue facts. Witners then submitted copies @f corre- spondence which between fhimgeit, the attorneys of the vessel, and Bluford Wii- son. This correspondence showed that be resisted y compromise which the vessel owners attemp' to make with the Trea~ sury department. Jn ove of the letters Bl: ford Wilson rebuked the witness for @ too Strict construction of law. and witness re- plied by acknowledging that rebuke was merited. e of the vessel's owvers were ample to satisfy the jodgueamt of the goverumeat against vessel. 5 KILLED By a Rusty Gus —Jac. RiGzm ing er's Sener: ed, entering the mouth aod ie Tee Last KLYN . Week haere ee “bottom facts.” —(¥.