Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-04-18
MIR. Tucker, Of Va, and Mr.. Blaine, Of
Maine.


to the resolution reported by the majority OF
the judiciary Committee, directing the Ser
gcaut. at Arms to appear by counsel before the
court, and to make motion to quash or dis
miss the writ, or to take such Other procedure
As be should be advised, 10 raise the question
Of the Legality of the issue of the writ.
MIR. G ,rticld suggested that 10 the Irwin ha-
baas corpus case last y, sslun, where the same
cour,c WAS rcsnted TO as the gentleman from
t,rrnia 30 suggeslcd-l motion IT, quash the
xrit-lhe Judge WoulI not hear the motion uu-
less the body of the prlsuDer was produced.
MIR Tucker.-iI he refuses to hear the mo.
ton II will snow that corruption has spre; q
FROM the real estate pool, so as even 10 talut
IN, rrmine of the judiciary OF the District.
IArp'ause on the Democratic side OF the
Mr. Garfield. There would be just good
rig ht to say that the statement which the
genll, m,:n has made would only have been
made III case corruption has reached clear to
| he House, Icouuter-appause on the Repuhli
can side, aud caused it TO strike at the judlcl-
ury would not say that.
MIR. Tuckcr.-I did not hear The gentleman $
| remark, but suppose there was nothing 10 1t
! persoual to myself.
MIR. Garield.-Oh, 20.
Mr., Tuck .r.-i,c Judge should be made to
heed the House By his conscience If he has
one, and by power superior to 1t II he has
| not.
MIR. B ane (who was occupying a chair in
the area on the Democratic sidcl Inquired how
a Judge could be made to do anything by the
House OF Representatives?
Mr. rucker.-Thc gentleman is no lawyer,
| -. ~. Inny btar
on he Dem 1cratic side, aud the gentleman is
perh IDS unaware that When judge does not
execute his duty he may be made to do so.
Mr.. b,ainc.-By order of the House?
| Mr.. Tucker-No, sir, not by order OF the
House, THAT shows again that the gentleman
is no lawyer but by maudamus from high
er court, which will Compel hun to exercise the
| Jurisdiction which he Is reluctant TO do. l
never knew man to disturb a nest but there
was a great ruff ng about it, If my amend
maut is adopted il will present the question to
the court in such manner that the judge can
not avoid deciding the question on the facts
appearing in the petition.
H.. Blaine said he did not know why the
gentleman from Virginia (Mr. Tucker) should
have manifested 50 much aspcrity 10 the re
marks addressed to him He (Mr Bialne)
Thanked God that he was not lawyer who, as
Attorney General Of Virginia, had given an
oupiou that the local authorities OF that State
might invade the posothce and compel the
postmaster to give up TIL. coutens OF the mail.
He thanked CID land that he said with great
yehcmcnce OF mauner) that he was DOT that
kind Of lawyer. Applause and nc)urage
mant IN The Rel u3;.can slde OF the House.
Mr.. Blaine, (who was till Occupying = psi
ton on the Democratic side of the House,
>l,l =, ut 1aro fp-
meot. The geullcmau represents, and with
great ability, that which is kuown as the great
States rights school which received its chic
ipspiratiou from Mr. j. fcrson aud Other great
:. leaders of virginia, aud yet he stands here tc
plead that this House possesses power OF
which there is no review anywhere except IL
itself Mr. jefferson said expressly 10 letter
that this government Was constructed so that
absolute power resided nowhere, aud he de
fed ANYBODY to show that there was absolute
mwer in any department OF the government
The Ultimate judgement Of the Supreme Court
of tn, United States may seem absOlute but Il
The mower OF that court Is abused, the power Of
imprachment resides u the House to punish
it, Blu. the gentlemen from Virginia, profess
ing to represent the spirit Of Jetf~rson, say:
that this House may take any body, on any pre-
tense, ami mprison him at its pleasure, and
that there does not exit in the laws TO- day the
slightest power of relief or review. | thauk
God again that have not read law in thai
school. Renewed paudlts on the Republlcar
side.
MIR. Tucker-L have 20 hesitation in saying
in reply t. the gentleman from Name that what
he took as flag at him 10 repy TO converse
tioua and uudertoDe lnterruptr'n, was DOT To-
: tended to be iu any degree ofeusve. thought
that the gentleman from Maine had clearly, to
his own ,usciousncss, some weeks ago, 10 8
discussion between himself and the distinguish,
cd gentleman from Mississippi, Mr.. Lamar
shown that Whatever else be may be, whatever
else he may be fitted to be, whatever other po
sitions he may be fitted to fill BY the suffrage o.
his countrymcn, there was one thing he had
never been trained TO-, aud that Was to be law
YER. | merely meant to say that thought the
gentleman had demonstrated again to-day, as he
did on that occasion, very slgnay, that he wa:
not lawyer But there is one thing he is, III
not LAWYER, aud that is a pharasee. Applause
from the Democratic side thank God
MIR. Blaine (6uishiug the quotation -"that
| AIN not like other meD.
I MIR. Tucker-rhe gentleman says he thanks
God he is not as am. thank my Heavenly
Father that there is no resemblance between
us. Paudls 90 The Democratic side. say
amen to that with all my heart He thanks
God that he is not ''as other men, even as this
poor publican Laughter and applause.
Mr.. Blaine (add.ng to the quotation. 1.-The
late Attorney General OF Virginia,
Mr.. Tucker, accepting the additioo,) the
late Attorney General Of Virginia. - am
roud to have represented the Oid Common
wealth 10 that position. I'm proud t. repre-
sent he Old Commonwealth on this floor
reu, mncr the op aon to which the gentleman
refer. 1t Seems t. me that instead OF study
ing the laws Of his cnuutry the gentleman has
becc studying up to sec if he cannot get points
on his colespu 10 the Committee on Ways
and Means aud ou members of the House with
which he may twit and tauDt them when coca.
SION arises | really did not suppose that that
opinion which | gave pendente bello.
Mr. Baiue-Oh. DO; it was before the war.
Mr.. Tucker-Very we'll; it was good when.
ever it was.
Mr. Bainc-PIease state what it was
| Mr. luckcr-I have no OIL :ction to state
| ,h,t :, U,s sros this. Thai he nurstion of