The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1876-05-11

an opinion tuht lne local authorities Oh
that State might invade the postoffice
and compel the Postmaster to give up
the contents of the mail He thanked
God (and this he said with great vehe-
mence of manner) that he was not that
kind of lawyer. Applause and encour-
agement ON the Republican side Of the
House.
Mr.. BLAINE, who was still occupying
a position on the Democratic side of the
House, proceeded in the midst of con-
siderable excitement: The gentleman
represents, and with great ability, that
which is known as the great
States Rights school, which received its
chief inspiration from jefferson and the
other great leaders of Virginia, and yet
he stands here to plead that this House
possesses power of which there is no
review anywhere, except in itself Jetfer-
son said expressly in his letter that this
government was constructed so that the
absolute power resided nowhere, and he
defied 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 il. But the gentleman
from Virginia, protesting to represent
the spirit of jefferson, says that this
House may take anybody on any pre-
tense. and imprison him at its pleasure,
and there does not exist in the laws to-
day the slightest power of relief or re-
view. / thank God again that have
not read law in that school. Renewed
plaudits on the Republican side.
Mr.. TUCKER-I have no hesitation in
saying in reply to the gentleman from
Maine, that what he took as a fling at
him in reply to his conversational and
undertone interruption was not intended
to be, in any degree, offensive. thought
that the gentleman from Maine had,
clearly, to his own consciousness. some
weeks ago in a discussion between him.
self and the distinguished gentleman
from Mississippi (Lamar), showed that
whatever else he may be, whatever else
he may be fitted to be. whatever posi-
tion he may be fitted to fill by the suf-
frages of his countrymen, there was one
thing he had never been trained to, and
that was to be q lawyer. Imerely meant
to say that thought the gentleman had
demonstrated again to-day, as he did on
that occasion, very signally, that he was
not a lawyer, but there is one thing he is
if not a lawyer, and that is he is Phari-
see. [Applause on the Democratic side. ]
II thank God" Mr.. Blaine finishing
the quotation. that am not like other
men"
Mr.. TUCKER-The gentleman says
he thanks God he is not as l am. l
thank my Heavenly Father that there is
no resemblance between US. Plaudlts
on the Democratic side l say amen TO
that with all my heart. He thanks God
| A. L :.
| the poor Publican. Laughter and ap-
plause. Mr.. Blaine adding to the quota
ton THE late Attorney-Generalo OF Vir-
ginia." -.
Mr.. TUCKER, (accepting the addition
1.-THE late Attorney-General OF Nir-
ginia Il am proud to have represented
the old Commonwealth in that position.
am proud to represent the old Com
monwealth on this floor. ! remember
the opinion to which the gentleman re
fers. 1t seems to me that instead OF
studying.the laws of his country, the
gentleman has been studying to see il
he cannot get points on his colleagues,
the Committee on Ways and Means, and
the members Of the House, with which
he may twit and taunt them as the occa
sion arises 7 really did not suppose
that the opinion which | gave pendente
belle
Mr.. BLAINE-Oh, no; it was before
the war.
Mr.. TUCKER-very well. 1t was good
whenever it was.
Mr.. BLAINE-Please state what II
was.
Mr.. TUCKER-I have no objection to
state what it was II was this that the
question Of what mail matter a citizen o.
|
State law.
Mr.. BLAINE eagerly and triumph
antly)-That is it, and the gentleman
holds that doctrine to-day, / understand
Mr. TUCKER (de6antly)-I hold i
today.
Mr.. BLAINE-Yes; (endeavoring Il
clinch the point) that THE Postofhce De
partment can be arrested and interrupted
in Virginia by a country Justice OF the
Peace. Republican plaudits.1 That II
the opinion.
Mr. TUCKER-I hold that opinion
yet, and the gentleman mas shown tina
he is no constitutional lawyer when h
does not recognize the distinction, which
is as old as the decisions of Chief Justic'
Marshall, that between the Commercial
power of the Federal Government anC
the police power of the States, the dis
tinction is as wide as the poles; and 81
wide even, that the undisciplined minc
of the gentleman from Maine might hav'
. recognized it. Applause on the Demo
cratic side.
Mr.. BLAINE-Where does the powe
of the General Government and Of thu
Postoffice Department end, and wher'
does the power OF the States begin
Mr.. TUCKER-There is an old adag'
that child may ask questions which I
wise man cannot answer, yet, 1T the gen
tleman had read the great case Of Brown
against the State of Maryland, he would
have found that distinction as to wher
goods cease to be imports, and becom'
commodities within the State. The ju
risdiction was taken by Chief Justice
Marshall with so much nicely that Chiei
Justice Taney, who opposed it at the
time, while he was at bar, approved II
afterward when he came to the bench.
Mr.. BLAINE-And therefore the gen
tleman treats postofiice matter as goods
Mr.TUCKER (conclusively) II thought
the gentleman no lawyer, but supposed
he had read some books on logic; but
now do not believe that he is either q
lawyer or logician. Democrats ap
plaud.
| Mr.. BLAINE-According to the Vir.
ginia standard. no.
Mr.. TUCKER-The gentleman says he
thanks God that he was not brought up
in the school of States rights as / was.
He certainly was brought up in very
different school. The differences between
US in our views on the Federal Constitu-
tion are very wide. but | will not 90 into
that matter. l am not to be betrayed into
it. States Rights is the great "bugaboo
that is to 60 along with the bloody
shirt" in the coming political contest. /
suppose that the gentleman from Maine
will bring it up on all occasions, to fiaunt
in the face of the multitude; the hero of
the bloody shirt is at the other end Of
this Capitol, and the hero of the States
Rights bugaboo' at this end. / do not
know where The Great Unknown"
stands Laughter and applause