Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1876-04-18

G when the same course was resortet
e to as that gentleman now suggested OF
: a motionto quash the writ Til,
Judge would not hear the motion uu
J, less the body Of the prisoner was
!, PRODUCED.
Mr. Tucker: 1.-The refuses TO hca,
: the motion it will show that corrupt
= ion has sprung from the real estate
/ pool us it were to faint the judici.
, ary of the district. (Applause OF
], democratic side.)
Mr.. Garfield: There would be jnsi
as good a right to say that the state
uncut which the gentleman has mad,
/, would only have made the case cor
?. ruptive. He has searched clear tc
the house Counter applause on re-
; publican side and caused it to strike
at the judiciary.
Mr.. Tucker: did NOT hear his
? remark but l suppose there was no
thing in it personal to myself
Mr.. Garfield: Oh no, the Judge
should be made to heed the house by
his conscience; il he has one ard by
a power superior to it if lie has not.
Mr.. Blaine, who was occupying a
chair in the area on the democratic
|side inquired how judge could be
made to do anything by the house of
Representatives.
Mr.. Tuckcr,-Thc gentleman is no
lawyer, as he has often shown in the
house, and the gentleman is unaware
that when a judge does not execute
his duty he may be made to do so.
Mr.. Blaine:-By order of,hc house
Mr. Tucker said no, but by mandamus
from higher court. Mr.. Blaine, re-
fcrring to the asperity Of fuckers
manner, said he thanked God he was
not lawyer Of the kind who, as at
torney general Of Virginia, had given
an opinion that the local authorities
OF that state might invade post.of-
fee and compel the postmaster to give
I-up the contents ofmail sacks that he
was not that kind Of lawyer, Ten
couragemcnt on the republican side
of the house) Mr.. Blaine, who WAS
still occupying position on the-dcm-
ocra,ic=side Of the house proceeded
in the midst Of considerable excite
mept.
He said: "The gentleman repre-.
sents, and with great ability that
which is known as u great state rights
school, which received its tIneI inspi==
ration from jefferson. and other great
men of Virginia, all., yet he stands
hereto plead that this house possess
es a power Of which there is no re-
view anywhers except in itself .Ict-
fcrson SAID exprcs~ly-in-a letter that
this movement was constructed so
that absolute power resided nowhere,
and he. .de6ed anybody to show that
there was absolute power in any de-
-partment- of the government Thc
ultimate judgment Of special court
of the {. S. may Seem absolute but
ii the power Of that court is absolutr,
it still resides in the house to punish,
| but the gentleman from Virginia pro-
Tossing to represent Jefferson states
that this house may take anybody on
any pretense, and imprison him at his
pleasure, and there does not exist in
the laws to- day the slightest power Of
relief. Il thank God tk,teLh4re never
read law
Mr.. Tucker dislaiming any tsenght
of disrcspect in saving the gentlemen
was no lawyer, said he thought that
tie fact had been proven fully by de.
bates but-'herc is one thing he is if
-,ieta,.lnwycr and that is he is a phar=
isee. The gentleman says he thanks
God he is not as am. i thank God
that there is no resemblance between
US. ! say amen to that. He thanks
God that he is not as other men. i
am proud toShavc represented the old
commonwealth then and now.
The opinion was good. 1t was that
the tquestion of what mail matter
citizen of state can receive.
Mr.. Fucker, de6antly: hold it
to be-.
Mr.. Blaine: That the post office
department -can-he- arrested in Yir.
ginia by acountry justice Of thc peace.
That is the opinion.
Mr.. Tucker: l. hold that opinion
yet.and the gentleman has shown that
be is no constitutional lawyer when
nc does, not recognize the distinction
which is as old as the decisions Of
Chief Justice Marshall that between
the power OF tie federal government
and the police power Of states the
distinction is as wide apart as the
poles.
After further debate, in which Mr..
Tucker declined to discuss state sights
which he said was a great bug bear,
which along with the bloody shirt
was to go into the coming political
\ contest, the question was taken on
Mr.. fuckers amendment, which was
lost, 86 to IA, and the house ad-