The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-01-20

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view entirely, and that was the absolute
subordination Of the government power
to the rigid infexible unbending rule Of
the Constitution. Mr.. Tucker then pro-
ceeded to argue against the constitution.
ality of the pending measure.
Mr.. Hoar asked Mr.. Tucker whether
when the constitution delegated to Con.
gress certain national powers, including
the taking of national attitude towards
foreign nations, it did not intend that
such expenditures for national dignity
as were usual to nations welding those
powers, should be made by Congress.
Mr.. Tucker asked the gentleman from
Massachusetts to point out to him where
the word "national," in respect to power
or anything else, occurred in the Consti-
tuition.
Mr.. Hoar-The power to levy war, to
conclude peace, to establish commerce,
means q nation in every line where that
power is granted.
Mr.. Tucker-lf that is what the gen.
tleman calls national power l understand
him; but there is no such thing in the
constitution as power to levy war.
There is power to declare war and to
raise and support armies.
Mr.. Hoar-And to levy it after it is de-
clared.
Mr.. Tucker--Thst is net in the Consti-
tutien. The power to create and MAIN
tain the navy and TO make rules for the
regulations of the land and naval service
covers the whole question of what the
gentleman from Massachusetts means.
MIR. Lawrence called the attention of
Mr.. Tucker 10 a letter from George
Washington, transmitting the constitu-
tion to Congress, in which the govern
ment is an atomical government.
Mr.. Tucker-I admit 1t. | said the
word "nalional was not in the Constitu.
ton and the gentleman has not found it
in it. He finds 1t outside Of ii, and that
is exactly what / said.
Mr.. Lawrence-It was in the minds of
the men who mode the Constitution.
Mr.. Tucker-The men didn't make it;
no one man made it, and the Federal
Constitution didn't make it. lfthe gen.
tleman wishes to know who made it, l
say with great emphasis, The States
made it. Sensation.
In the further course of his remarks,
speaking of George Washington, no re-
marked that George Washington was
the
First Great Rebel I'm the Country.
and he ventured to say tho gentleman
from Ohio Garfield who spoke the other
day about perjury, that George Wash
ington was, in view of the law, perjurcd
rebel. for he was an officer in His
Maiesty's army, and he Tucker took it
for granted that he swore to support the
Crown and then went into the rebellion.
Mr.. Garfed-Did he hold commits.
sion in the British army at tho time OF
the Revolution?
Mr. Tucker-No sir.
Mr. arfield-Then | think he did n OF
commit perjury.
Mr.. Tucker-Then you claim that his
oath only lasted SO long as he held his
commission.
Mr.. Garfeld-It ceased when his com.
mission expired.
Mr.. Tucker-But he resigned.
Mr.. Garfetd-He didn't resign.
Mr.. Tucker-He did resign.
NJ. Garfeld-He was not an officer al
the time.
Mr.. Tucker-Why the gentleman does
not know the history of his own country.
[ Laughter.
Mr.. Garheld-Did he resign to take
service against the crown?
Mr.. Tucker-Oh, no, that Is another
point.
Mr.. GarReld-He was trying to get
service in Great Britain before the war
and failed.
Mr.. Tucker-He resigned and then he
took service in the rebellion.
Mr.. Tucker then continued his argu-
ment in the same strain at some length.
The Conclusion.
Mr.. Tucker concluded as follows: Old
Virginia, rent in twain, impoverished, in
her weeds Of widowhood, wish her heart
breathing for the prosperity of the COM
mon country, will be there IN spirit, and
when the government is.restored TO Its
prestine purity, when the princi-
ples of the revolution are re-estab-
iished, and liberty is proclaimed
throug ghout the land to every man under
the palladium of habr0s corpus, unrepesl-
able BY any edict OF the President or by
act of Congress on account OF constructive
rebellion, Then shall the time come when
we shall all unite with Massachusetts,,
with the splendid close of Webster's
great speech forty years ago: "LIberty
and union, one and inseparable, now and
forever"
Without taking action on the bill the
Committee rose and the House at 4:45
adjourned.