Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-04-21

cratic side, inquired how a judg
could be made to do anything by th
House of Representatives.
Tucker-The gentleman is no law
yer, as he has often shown in thi
House. daughter on the democrati
slle.) And the gentleman is, perhaps
unaw are that when a judge does no
execute bis duty, he may be made t
do So.
Blaine-Bv order of the House?
Tucker-No, sir, not by order of tn
house-that shows again that the gen
tleman is no lawyer but by naanda
mus from higher court, which will
compel hln to exercise the jurisdic
ton which he is reluctant to do.
never knew man to disturb nes
but there was great ruffii g about it
LII my amendment is adopted it wi
present the Question to the court il
such mauner that the judge canno
avoid deciding the question on the
facts appearing in the petition.
Blaine said that he did not know
why the gentleman from Virgins
| (Tucker) should hare manifested SO
dressed to him. H. (Blaine) thanked
in the school that the gentleman was;
he thanked God that he was not u
lawyer who, aA attorney general of
Virginia, had given All opinion that
the local authorities of that state
might invade the pos uffice and CONS
pei the postmaster to give up the con-
tents of the mail; he th"n&ed CID
and this he said with great Yehemence
Of l. l. L.;
of lawyer. Applause and encourage
meut on thu republican side of the
House b aine, who Was still occu-
pyIug position on the democratic
side of the House, proceeded in the
midst Of considerable exciten enI ent: The
gentleman represents, and with great
ability, that which s known as the
great States rights school which re
ceived its chief inspiration from Mr..
Jefferson and other great leaders of
Virginia, and yet he stands here to
plead that this House preserves a
lower of which there is no review
anywhere except in itself. Mr.. JEFF
ferson said expressly in a letter that
this government was constructed so
that absolute power ruled nowhere,
and he defied any tody to show that
there was absolute power in any de-
partment 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 impeach-
nent resides in the House to punish
it. But the gentleman from Virginia
protesting to represent the spirit of
Jefferson, says that this House MAY
take anybody Oh any pretense and i'm
prison him at his pleasure, and that
there does not exist in the laws to-day
the slightest pnwer of relief or review.
l ,hank God again that [ have not
read tw IN tirat scloD. RAn wed
pIaudits on the republican side
Tucker-l have no hest tatiCn Iii say
lng in reply t. the gentleman from
Maine that what he took as fling at
llm In r@p'v to a conventional and un-
1ertone interruption was not intend d
to be IN auy degree offensive. I
thought that the gentleman from
Maine had clearly to his own con c'ous-
hess sc me- weeks ago IN a discussion |
between himself and the distinguished |
gentleman from Mississippi NamaD |
shown that whatever else he may be |
tilted t. be; whatever other position |
le may be fitted to fill by the suffrage |
)f his countrynlen. there was one thing
ne had never been trained to and that |
vas to be a lawyer. [ merely meant to
say that 1 thought the gentleman had
demonstrated again to-day, az he did
N that occasion very signally, that he
vas not a lawyer, but there is one
hing he is, if not lawyer. and that is
lie is pharisee. Applause on the
democratic side L thank Cod
Blaine, finishing the quotation, ''that
am not like other men"
Tucker-The gentleman says he
hanks God that he is not as [ am. I
hank my Heavenly Father that there is
10 resemblance between US. Plaudits
III the demuctatic side. 1 say amen
o that with all my heart. He thanks
TO that he is not as other men are,
wen as this poor publican. Laugh
er and applause.
Tucker-Adding to the quotations:
The late Attorney General OF Virginia.
Tucker-Accepting the addition, the
ate Attorney General of Virginia.
IN proud to have represented the old
commonwealth in that position. [ am
proud to represent the old common
wealth on this floor. 1 remember the
u luion to which the gentleman re-
ers. 1t seems to me that instead of
studying the laws of his country the
gentleman has been studying up to
lee If he cannot get points on his cOl>
eagues IN the committee on ways
nd means, and on members of the
House, with which he may twlt and
aunt them when occasion arises. L
ealiy did not suppose that that opin>
on which l gave pendeNte beftO-
Biaine-Oh, no; it was before the
Var.
Tucker-Very we'll It was good
wherever it was.
Baine-Please state what it was.
Tucker-I have no objection to state
what it was. 1t was this: that thu
question of what mail matter Il citizen !
If Il State Can reserve was IL question
IF State law.
Blaine eagerly and triumphantly)-
That i it, and the gentleman holds |
hat doctrine to-day [ under ,t.ud.
Tucker (defiantly)-l hold it to-
lay.
Blaine (eDdeavOaing to clinch the
1OinD That the Pos office Depart |
nent can be arrested and interrupted |
n Virginia by n country justice of the |
peace. Republican plaudits. That
IS tie opinion.
Tucker-I hold that opinion yet, and
he gentleman has shown that he IS no
lawyer when he does |
lot recognize the distinction; which is
Is old az the decision of Chief Justice
Marshall: tina, the oommercial power |
IF the f'derli government AMI the po-
lcA pow of the States, the distinction
5 as wide AS the poles, aud So wide |
hat even the undlsciplIned inlnd of
he gentleman from Name might have
'ecOgniz ii it. App.ause on the dem
,cratic side.
Where does the power of
he general government and of the
Postoffice Department end? and where
loes the powers of the States begin?
Tucker-There is an old adage that
"a child may ask questions which a
wise man cannot answer" yet, if the !
gentleman had read the great case of |
Brown VS.. tho State Of Maryland he
would have found that the distinction
IS to when goods ceased to be imports
md become commodities within State
was taken by Chief JUS