Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1876-04-19

Mr.. Elaine (addng to the quotation)-
The late attorney general of Virginia"
Mr.. Tucker accepting the addition ''thc
late attorney general of Virginia'O-1 am
proud to have represented the old com
monwealth in that position. am proud to
represent the old commonwealth OH this
floor. l remember the opinion to which
the gentlemen refers. 1t seems to me
instead of studying the laws of his country
the gentleman has been studying to see Ii
he cannot get points on his colleagues in
the committee on ways and means, and on
members of the House with which he may
twit and taunt when occasion arises.
really cid not suppose that that opinion
which | gave pendente belio--
Mr.. Baine-Oh no, it was before the
war.
Mr.. Tucker Very well, it was good
whenever it was.
Mr. Blaine-Please state what it was.
Mr. Tucker-1 have no objection to state
what it was. 1t was this, that the ques-
| ton of what mail matter = citizen Of the
state can receive was Il question OF state
| laws.
Mr. Blaine-That is it, and the gentle
man holds that doctrine to-day, | under
stand
| Mr.. Tucker-I hold it, to-day.
| Mr. Blaine-That the post-oi1ice depart
ment can be arrested and Interrupted in
Vii ginia by L country justice of the peace.
That is the opinion.
Mr.. Tucker-I hold that opinion yet
and the gentleman has shown that he Is
no constitutional lawyer. when lie does not
recognize the distinction, which is rs old
as the decisions of Chief Justice Marshall,
that between the commercial power CT the
federal government, and the police power
of the states, the distinction Is as wide as
the poles and so wide that the unlisciplin
. ed mind Of the gentleman from Name
might have recognized 1t.
Mr.. Blaine-Where does the power OF
the general government and the post-oiilte
department end. and where does the pow
er of the state begin?
Mr.. Tucker-Ihcre is an old ada that
4 child may ask questions which Il 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 rs to when goods
cease to be imports and become commodl-
ties within Il state jurisdiction was taken
bv Chief Justice Marshall with so much
nicely that Chief Justice fancy, who OPP
posed it ut the time, while he was at the
Tar, approved it afterward, when he came
on the bench.
Mr.. Blainc-Anl therefore the gentle
man treats post-ot1ice matter rs goods.
Mr.. Tuckcr-I thought the gentleman
no lawyer, bat | supposed he had read
some books on logic, bat now do not be-
licve that he is either a lawyer or L loGi-
clan.
Mr.. Blaine-Accorlin. to the Virginia
standard, no.
Mr.. Tuckcr-Thc gentleman says he
thanks God he was not brought up in tn
school Of states rights, As WIS. He Ger
tainlv was brought up in 4 very different
school. The differences between us in our
views on the federal constitution are very
wide; but | will not 90 into that matter;
am not to BE- betrayed into it. " States
rights" is the great ''bu-aboo" that is to
20 along with the = bloody shirt in the
coming political contest. | suppose the
gentleman from Maine will bring it up on
all occasions to tltunt it 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 Estates rights bugaboo 1T this
end. Ito not know where he Great
Cnknown" stands.
Mr.. Blaine here arose and Wake u III:
own side Of the House. rs if he took nt
further interest in the argument which MI
Tucker then proceeded to make in supper
of his alnrnlmrnt.
After further debate the question Wa
taken on Mr. Fucker amen incnt, and i
WAS rejected. So To 40. he sub>tltut.
offered by Mr. Lvndr of Wis, directn.
the serrc:lnt-.it-arms To make return to thu
writ. and to produce kilbourn before The
court WAS adopted. yeas lG.l. nays -. tn
great body of the republican members ant
nearly itlf the democratic members vot
inr for the substitute.