Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1876-04-22
Tilt between Tucker and Blaine.

ty Of the judiciary committee, directing the
sergeant-at-aTus to appear by counsel before
the court, an to make IN ,tion 10 qnash or
| dismiss the writ or to take such other pfoce-
dure as he should be advised, to raise the ques-
ton of the legality and propriety OF the issue
of the writ on the facts stated III the petition
and complaint, and as preliminary to any re-
| turn to the same, and that, in the meantime,
he retain the custody Of kilbourn's body, ana
not produce it without further order oi the
| House.
He declared himself satisfied with the legali-
ty of the question asked of kilbourn by the
committee, and of the action taken 10y the
House on the subject, and he was satisfied that
any court which respected law aud precedent
would remand the custody OF Kihourn to the
/ House, aud lie was so well satisfied that the
American and English precedents sustained
that position tlat il any judge should declte
otherwise, he would bring himself very nearly
within the alternative or dilemma OF either
knowing nothing about law or of completely
defying it.
Mr.. Garfield suggested that in the Irwin
| kaJeas corpus case last session, where the same
course was resorteG to as the gentleman from
| Virginia now suggested-a motion 10 quash
the w1it-the Judge would not hear the mo-
ton unless the body Of the prisoner was pro-
duced
Mr. Tucker.-If he refuses to hear the mo-
ton it will show that corruption has spread
from the real estate pool, 50 as even to faint
the ermine of the judiciary of the District.
| TApplause on the democratic side OF the
| House
Mr. Garfeld.-There would be inst as good
a right to say that the statement which the
gentleman has made woald only have been
made in case corruption has reached clear TO
the House, Counter applause on the rePub!i-
can side and caused it to strike at the judi
ciary. ! would not say that.
Mr.. Tucker-I did not hear the gentleman's
repark, but suppose there was nothing in II
personal to myself.
Mr.. Garfeld.-0h, no.
Mr.. Tucker.-The ildse should he made to
heed the House by his conscience if he has
one, and by power superior to it if lie has
not
Mr.. Blaine (who was occupying clair on
the Democratic side inquired how Judge
could be made do anything BY the House Of
Representatives
Mr. Tucker-The gentleman is no lawyer,
as be has often shown in this House, laughter
on the Democratic side, and the gentleman is
perhaps unaware that when a Judge does not
execute his duty be may be made to do so.
Mr. Blaine-By order Of the House ?
Nj Tucker-No, sir, not by order of The
House, THAT shows again that the gentleman
is no lawyer,) but by mandamus from
higher court which will compel him to exer-
else the jurisdiction Which lie is reluctant TO
do. ] never knew man to disturb nest but
there was a great ruitline about it. II my
amendment is adopted il will present the quss-
ton to the court in such manner that the
Judge cannot avoid deciding the question on
the facts appearing in the petition.
Mr. Blaine said he did not know why the
gentleman from Virginia mir. Tucker should
have manifested 50 much asperity in the re-
marks addressed to him. lie tMr Blaine)
thanked God that he was not a lawyer, who as
attorney general of Virginia, had given au
opinion that the local authorities Of that State
might invade the postoilice and compel the
postmaster to give up the contents Of the mail.
He thanked God land this he said with great
vehemence Of mauner) that he was not that
kind Of lawyer. Applause and encourage
I
Mr.. Blaine (who was still occupying a po-
sition on the democratic side Of the House,
proceeded in the midst of considerable excite
ment The gentleman represents, and with
great ability, that which is known as the
great States rights school which received its
chief inspiration from Mr.. jefferson and other
great leaders of Virginia, aud yet he stands
here TO plead that this House possesses a power
Of which there is no review anywhere except
in itself Mr.. Jefferson said expressly in a
letter that this government was constructed so
that absolute power resided nowhere, aud be
d,lied anybody to show, that there was abso-
lutte power in any department of the govern
ment. The ultimate judgment Of the Supreme
Court of the United States may seem abso-
lutte but if the power Of that court is abused,
the power of impeachment resides in the
House to punish it, But the gentleman from
Virginia, protesting to represent the spirit OF
jefferson, SAYS that this House nav take any
body on any preteuce. aud imprison him at
its pleasure, anl that there res not exist in
the laws to-day the slightest power of relief
or review. thank God again that have
not read law in that school. Renewed plau-
dts on the republican side.
Mr. Tucker-I have no hesitation in saying
in reply to the gentleman from Maine, that
What he took as fling at him in reply to
conversational and uudertone interruption, was
no! iucndcd to lie in any degree offensive
I thought that the gentleman from Maine bad
clearly to bis own consciousness, some we-IS
ago, 10 a discussion between himselfand the dis
tnguishcd gentleman from Missi sippi (Mr.
LAMAR shown that whatever else he may be,
whatever else lie may be fitted to be, what
ever other position lie may be fitted to fill by
the suffrage of his couutrymen, there was one
thing he lad never been trained to, and that
was to be a lawyer. | merely meant TO say
that thought tie gentleman had demoustra-
ted again to-day, as he did on that occasion,
very sisually, that lie was not lawyer. But
there is one thing he is, III bot a lawyer aud
that is pharsee Applause from the dem
ocratic side thank God
Mr. Dlaiue finishing the quotation) -"that
I am not like other men.
Mr. I'ucker-The gentleman says he thanks
God he is not as | am. ! thank NY Heavenly
Father that there is nc resemblance between
US TPlaudits on the democratic side. !
say amen 10 that with all my heart. He
thanks God that he is not cas- other men. even
as this poor publican" Laughter aud APP
plause.l
Mr. Blline adding to the quotation Tile
late attorney general Of Virginia.
Mr. Tucker, accepting the additionl, " The
late Attorney General of Virginia u am
proud to lave represented the old Common
v.eoltb in that no.ition am nrou1 10 rem