Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-04-19
laiIu Sinurbet Somnd
AUG U ST A.
70 EnNEsDAY MORNING.. April 10, 1870.
yP RL4INF SETTLES 4 STATE
PTGHTS CHAMPION.


haste to meet Mr.. Blaine in debate after
the passage which occurred between them
on Monday. The matter before the House
was the kilbourne habeas corpus case.
Mr.. Tucker had offered an amendment to
the resolution under discussion. and de-
bate upon it was proceeding. Mr. Blaine
who was sitting upon the democratic side
of the House interjected brief and civil
remark, at which Tucker fired up and ~
solently tainted him with being no law
yer. Mr.. Blame at once turned upon the
ex-C Confederate, and left him not only
beaten in argument but abandoned by the
democratic side in the vote upon the
amendment. We take the following from
the debate as reported by telegraph.
Mr.. Blaine said that he did not know why the
gentleman from Virginia (Tucker) should have
manifested so much aspenty IN the remarks al
dressed to him. He blaine thanked God that he
was not a LAWYER trained in the school that that
gentleman was He thanked God be was not a
LAWYER who as Attorney General OF Virginia bad
given an opinion that the local authorities Of that
State might invade the rosr Office and compel the
nOStm0SVeT
He thanked God land this he said with great vehe-
mence of manner) he was not that kind of a law
yer. (Applause and encouragement on the repub-
lcan side.) Blaine who was still occupying posi-
ton on the democratic side OF the House proceed
ed in the midst of considerable excitement. The
gentleman represents and with great ability that
which is known as the great State Rights school
which received its chief inspiration from Mr.. JET
ferson and other great leaders of Virginia, and
yet he stands here to plead that this House possess
ses q power of which there is no review anywhere
except in itself. Mr.. jefferson said expressly in
letter that this government was constructed so that
absolute power resided no where, 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 United
States may seem absolute, but if the power of that
court is abused the power of impeachment resides
in the House to punish it. The gentleman from
Virginia, protesting to represent the spirit OF JEFF
ferson, says this House may take any body on any
pretence and imprison him at its pleasure. and
there does not exist in the laws to day the slight
est power of relief or review. thank God again
that have not read law in that school. (lenewed
plaudts on the republican side.)
Mr.. Tucker-I have no hesitation in saying in
reply to the gentleman from Maine, that what ne
took as fling at him in reply to conversational
and undertone Interruptions. was not intended to
be in any degree offensive. l thought the gen.
tleman from Maine had clearly to his own con-
sciousness some weeks ago in discussion between
himself and the distinguished gentleman from
Mississippi (Lamar) shown that whatever else he
may be fitted to be, whatever other position he
may be fitted to fill by the suffrages Of his coun-
trymen, there was one thing he had never been
trained to be, and that was to be lawyer.
merely meant to say that thought the gentle
man had demonstrated again to-day, as he did on
that occasion very signally, that he was not law
yer, but there is one thing be is if not lawyer,
and that is he is Pharisee. applause on the
democratic side) thank God-(Mr. Blaine, fin.
ishing the quotation, that l am not like other
men,.
Tucker-The gentleman says he thanks God he
is not as am. / thank my Heavenly Father that
there is no resemblance between us. applause
ON the democratic side.) say amen to that with
all my heart. He thanks God he is not as other
men are, even as this poor publican. Laughter
and applause.)
Blaine-(ad to the quotaton) The late At
torney General of Virginia.
misunderstanding the addtion)-the late At
torney General of Virginia. l am proud to have
represented the old commonwealth on this floor.
/ remember the opinion to which the gentleman
refers. 1t seems to me that instead of studying
the laws of his country, the gentleman has been
studying TO see if he cannot get points on his col
leagues in the Committee on Ways and Means,
and on members of the House, with which be
may twit and taunt them when occasion arises.
really did not suppose that that opinion which
gave pendente bsllo-
Blaine-Oh, no; it was before the war.
Tucker-Very we'll. 1t was good whenever ii
was.
Blaine-Please state what it was.
Tucker-I have no objection to state what il
was. 1t was this "THAT THE QUESTION OF
WHAT MAIL MATTER A CITIZEN OF A
STATE CAN RECEIVE, WAS A QUESTION
OF STATE LAW.
Blsine-(eagerly and triumphantly) THAT is it !;
and the gentleman holds that doctrine to-day, l
understand.
Tucker-( defantly)-I hold it to-day.
Blaine (endeav0ring to clinch the point-That
the Postoffce Department can be arrested and in
terrupted in Virginia by county Justice OF the
Peace. Republican plaudits.) That is the opin-
ion.
Tucker-I hold that opinion get, and the gentle
man has shown that he is no constitutional law
yer when he does not recognize the distinction
which is as old ~ the decisions of Chief Justice
Marshall-that between the commercial power of
the federal government and the police power of
Statesh, the distinction is az wide as the poles,
and 50 wide that even the undisciplined mind OF
the gentleman from Maine might have recognized
it. Applause on the democratic side)
Blaine-Where does the lpower of the general
government and of the Postofice Department
end, and where does the power Of the State be-
gini
Tucker-There is an old adage that child may
ask questions which q wise man cannot answer.
Yet if the gentleman had read the great case of
Brown against the State Of Maryland, he would
have found that the distinction As to when goods
cease to be imports and become commodities
within states Jurisdiction, was taken by Chief
Justice Marshall with so mnch nicely that Chief
Justice fancy, who opposed it at the time he was
1t the bar, approved it afterwards when he came
on the bench.
Blaine-And therefore the gentleman treats post
office matter as goods.
Tucker conclusively)-I thought the gentle
man no lawyer, but supposed he had read some
books on logic; but now | do not believe he is
either q lawyer or a logician, democratic ap-
plause.)
Blaine-According to the Virginia standard, no.
Mr.. Tucker-The gentleman says he thanks
God he was not brought up in the school of states
rights as | was. He certainly was brought up in
very different school. The difference between
us in our views on the federal constitution are
very wide, but will not go into that matter.
am not to be betrayed into it. Estate rights" is
the great "bugaboo" that is to go along with the
bloody shirt in the coming political contest. Isup-
pose The gentleman from Maine will bring it up
on all occasions to haunt it in the face of the null
ttude. The hero Of the "bloody shirt is at the
other end of this capital, and the hero of the
Estate rights" buggaboo is at this end. do not
know where "the great unknown stands (Laugh-
ter and spplause.)
Mr.. Blaine here arose and walked to his own
side of the house as If he took further interest
in the argument, which Tucker then proceeded to
make in support of his amendment. The debate
was further continued by Jones of Kentucky
against the resolution of the Judiciary committee,
80 - ..fN Ma Nrek and an1