The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-04-18
ly)-That is il, and the gentleman holds
that doctrine to-day, I understand
Mr.. Tucker, (defantly)-I hold it to-

V)-That Is 1t, and the gentleman holds
that doctrine to-day, I understand
Mr.. Tucker, (dehantly)-I hold it to-.
day. 5t.tf HI ..&
Mr.. Blaine (endeavoring to clinch
the point THAT the Postofice Depart
ment can be arrested and interrupted in
Virginia by a County Justice of the
Peace. Republican plaudits.] Is tnat
the opinion?
Mr. Tucker-I hold that opinion yet,
and the gentleman has shown that he is
no constitutional lawyer, when he does
not recognize distinction which is IS
old as the decisions of Chief Justice
Marshall that between the commercial
power of the Federal government and
the police power of States, the distinc-
ton is as wide as the poles, and so wide
that even the undiscIplined mind of the
gentleman from Name might have recog-
nized it. Applause On the Democratic
side.
Mr.. Blsine-Where does the power of
the general government aHd of the Post
office Department end and where does
the power Of the!States begin2
Mr.. Tucker-There. is an old adage
that child may ask questions which
wise man cannot answer. Yet if the
gentleman had read the decision in
Brown us the State of Maryland, he
would have found that the distinction as
10 when goods cease TO be imports and
become commodities within State ]uris-
diclIon was taken by Chief Justice Mar
shall with so much nicely that Chief JUS
tiee Taney, Who opposed it at the time
while he was at the bar, approved it
afterwards when he came on the bench.
MIR. Blaine-And therefore the gentle
men treats the postoffice matter as goods
and Tucker.
Mr.. Tucker (conclusively-I thought
the gentleman no lawyer, but supposed
he had read some books on logic, but now
l don't believe he is neither lawyer nor
logician. Democratic applause.
Mr.. misunderstanding to the Vir-
ginia standard, no.
Mr. Tucksr-The gentleman says he
thank God he was not brought up IN a
schsol IF States rights as l was. He
certan y was brought up in different
school The difference between us IN our
views on the Federdl Constitution is
very aide, but l will not 60 into that.
l arm not to be betrayed into it. States
rights is the great bug aboo that is to go
along with the bloody shirt in the COM
ing political contest. suppose the gen.
tleman from Maine will bring it up on
all occasions to flaunt it in the face of
the multitude. The hero of the bloody
shirt is at the other end of the Capitol
and the hero the States rights bugaboo
at this end. l don't know where the
great "unknown" stands. Laughter and
applause
Mr.. Blame rose ard walked to his
own side of the House as if he took no
further interest in the argument which
Tucker proceeded to make in support of
his amendment.
The debate was iuther continued by
Mr.. Jones against the resolution of the
Judiciary Committee and by Messrs.
Lord, Lawrence and Hurd in favor of
it. A vote Was then taken on fuckers
amendment and it was rejected by yeas
81, nays l49.
The substitute offered by Mr.. Lynde,
directing SerSeant'at-Arms 10 MAKE
return to the writ, and to produce
Mr.. Kilbourne before the court was
adopted Yeas l65; nays 10.
The great body of Republican MEM
bers and nearly half the Democratic
members voted for the substitute.
Mr.. Randall offered resolution, that
in further proceeding in the impeach-
ment case, the House shall appear before
the Senate only by its managers.
Adopted.
Mr. McCreery introduced the follow'
ing bills, which were referred:
To create sinking fund for the liqui-
dation of government bonds advanced to
the Union Pacific Railroad Company.
Also in reference TO the cancellation Of
mortgages
Adjourned