The Portland daily press., 1876-04-18

SnOulu De ADVISED, TO raise IDe question: vi
legality and propriety of the issue OF the writ
on the facts stated in the petition and COM
plant; and as preliminary to any return to the
same, and that in the meantime he retain the
custody of Kilbourne's body and not produce it
without further orders of the House.
Mr.. Garfield suggested that in the Irwin
hdbeas corpus case last session, where the same
course was resorted to, the judge would not
hear the motion to quash the writ unless the
body Of the prisoner was produced.
Tucker-If he refuses to hear the motion it
will show that corruption has spread from the
real estate pool so as even to faint the ermine
of the judiciary of the District Applause on
the Democratic side)
Garfeld-There would be just as good right
to say that the statement the gentleman has
made would only have been made in case cor
ruption has reached clear to the House, (coun-
ter applause on the Republican sde), and caus-
ed it to strike at the judiciary. would not
say that.
Tucker-I did not hear the gentleman's re-
mark, but suppose there was nothing in it
personal to myself.
Garfeld-Oh, no.
Tucker-The judge should be made to heed
the House by his conscience if he has one, and
by power superior to it if he has not.
Mr.. Blaine, who was occupying chair in
the area on the Democratic side, inquired how
the judge could be made to do anything by the
House of Representatives.
Tucker-The gentleman is DO lawyer as ne
has often shown in this House daughter on the
Democratic side), and the gentleman is perhaps
unaware that when judge does not execute
his duty he may be made to do so.
Blaine-By order of the House?
Tucker-No sir, not by the order of the
House, (that shows again that the gentleman
is no lawyer but by mandamus from high
er court which will compel him to exercise the
jurisdiction he is reluctant to do. I never
knew a man to disturb nest but there was a
great ruff1ing about it. If my amendment is
adopted it will present the question to the
court in such manner that the judge cannot
avoid deciding questions on facts appearing in
the petition.
Mr.. Blaine said that he did not know why
the gentlemen from Virginia (Tuckerl should
have manifested So much asperity in the re-
marks addressed to him. He (Blaine) thanked
God that he was not lawyer trained in the
school that that gentleman was. He thanked
God he was not lawyer who as Attorney Gen.
eral of Virginia had given an opinion that the
local authorities of that state might invade the
postoffice and compel the postmaster to give
up the contents of the mails. He thanked God
(and this he said with great vehemence of man.
ner) he was not that kind of a lawyer Gap
plause and encouragement on the Republican
side) Blaine, who was still occupying posi-
ton on the Democratic side of the House, pro-
ceeded in the midst of considerable excite
ment. The gentlemen represents and with
great ability that which is known as the great
states rights school which received its chief in
SEPARATION from Mr.. Jefferson and other great
leaders of Virginia, and yet he stands here to
plead that this House possesses a power of
which there is no review anywhere except in it.
self. Mr.. Jefferson said expressly in letter
that this government was constructed so that
absolute power resided nowhere, and he defed
anybody to show that there was absolute power
in any department of the government. The
ultimate judgment of the Supreme Court of
the nited States may seem absolute, but if the
n hot M 10 Inns In rofs
parchment resides in the House to punish it.
The gentleman from Virginia, protesting to
represent the spirit of Jefferson, says this
House may take anybody on any pretence and
imprison him at its pleasure, and there does
not exist IN the laws to-day the slightest power
of relief or review. thank God again that 1
have not read law in that school. (Renexed
plaudits on the Republican sde)
Mr.. Tucker-I have no hesitation in saying
ID reply to the gentleman from Maine, that
what he took as fling at him in reply to con-
versatonal and undertone interruptions, was
not intended to be in any degree offensive. l
thought the gentleman from Maine ad clearly
to his own consciousness some weeks ago in
discussion between himself and the distin-
guished gentleman from Mississippi (Lanar)
shown that whatever else he may be fitted to
be, whatever other position he may be fitted to
fill by the suffrages of his conntrymeu, there
was one thing he had never been trained to be,
and that was to be lawyer. l merely meant
to say that thought the gentleman had dem
onstrated again to-day. as he did on that occa-
sion very signally, that he was not lawyer,
but there is one thing he is if not q lawyer,a
that is he is Pharisee.( Applause on the Dem
ocratic side.) thank God-(Mr. Blaine, fin
ishing the quotation, "that am not like other
men,
Tucker-The gentleman says he thanks God
he is not as am. l thank my Heavenly Faith
er that there is no resemblance between us.
(Applause on the Democratic side.) 1 say
amen to that with all my heart. He thanks
God he is not as other men are, even as this
poor publican. daughter and applause.)
Blaire-(ad to the quotation 1.-THE late
Attorney General of Virginia.
Tucker-(accepting the addition The late
Attorney General of Virginia 1 am proud to
have represented the old commonwealth in
that position. 1 am proud to represent the old
on this floor. 1 remember the
opinion to which the gentleman refers. II
seems to me that instead of studying the laws
ofihis country, tthe gentleman has been study
ing to see if he cannot get points on his col.
and on members of the House, with which he
may twit and taunt them when occasion arises
L really did not suppose that that oninion
which gave pendente betlo-
Blaine-Oh, no; it was before the war
Tucker-Very well. 1t was good whenever
it was. ene'e'
Blaine-Please state what it was.
Tucker-I have no objection to state what If
was. 1t was this: THAT the question of what
mail matter citizen of state can receive.
was a question of state law"
Blaine -(eagerly and umphantly)-Tbat is
it.; and the gentleman holds that doctrine TO-
day, understand.
Enthusiastically u hold it to-day.
Blaine (endeavoring to clinch the polnt-That |
Ihe Post-office Department can be arrested and |
Interrupted in Virginia by county Justice of |
The Peace. Republican plaudits That is the |
opinion.
Tucker-I hold that opinion yet and the
gentleman has shown that he is no constitn-
,ional lawyer when he does not recognize the
which is as old as the decisions of
Chief Justice Marshall-that between the COW.
nercial power of the federal government and
he police power of states. The distinction 10
IS wide as the poles, and so wide that even the
mind Of the gentleman from
Maine might have recognized it. (Applause On
he Democratic side.)
Blaine-Where does the power of the oep.
raj government and of the Post-ofice Densrt.
nent end, and where does the power Of the
tate begin?
Tucker-There is an old adage that a. child
nay ask questions which a wise man cannot
nswer. Yet if the gentleman had read the
reat case of Bown against the State OF Marv
and. he would have found that the dstncFioo
s to when goods cease to be imports and he. |
ONE commodities within states jurisdction
7as taken by Chief Justice Marshall with SO
luch nicely that Chief Justice Taney. who
opposed it at the time he was at the bar an
roved it afterwards when he came on tie
ench.
Blaine-And therefore the gentleman treats
ost-otf, matter as goods.
Tucked copclusvely)- u thought the gentle.
ian no lawyer, but supposed he had read
,me books On logic; but now do not bslieye
@ is either q LAWYER or q lopician fDamo |