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


Tucker aud Blaine Lock Horns.
Special D spatch to the Baltimore Gazette.
WASHINGTON, April 17.-''Blaine
was used up again to-day" is the re-
mark you hear coming from almost
every man this evening in the Hobbies
of the hotels. The story of the ex-
Speakers discontinue in debate is as
follows: The discussion of the MAJ orr
ty report of the judiciary committee on
the question as to the return which
the House of Representatives should
instruct its sergeat-at arms to make to
the Supreme Court of the District in
the matter Of the writ of habeas cor
pus issued on the petition of Hallet
Kllbourn, was drawing to a close. Mr.
Tucker of Virginia had the floor for
twenty minutes to offer a substitute
for the resolution which came from
the majority of the judiciary com
mittee. This substitute was in SUBJ
stance to in, truct the sergeant-at-
arm. to make answer to the court that
under section 755, revised statutes, the
court had no right to grant the writ OF
| habeas corpus because the petition
| itself showed on its face that the party
praying for it had no right thereto.
This he supported by very able and
| exhaustive argument. and in the course
| of it, in reply to an interrogation from
| Garfield as to how the House would
act in the event the court would not
receive such an answer, MIR. Tucker
| reptile that the House of Representa-
| tives would make the court receive the
answer. Thereupon, Blaine, who had
come down in front of the Speaker,
asked, in an incOherent manner, what
force would be employed to make the
court do it. Mr.. Tucker replied. in a
most dignified manner, Legal force,
| of course" In most tauuting manner,
Blaine said he could not understand
such language when applied to a
| legal tribunal, and therenpon Mr..
Tucker reto, ted that the gentleman
| from Maine had often demonstrated
his inability to comprehend legal
subject. His exhibitions of ignorance
on this subject had been frequent OF
late. This nettled Blaine, AMI he de-
manded to know how a court could be
made to do anything except by vio-
lence. That, replied Tucker, shows
the gentleman is no lawyer, or else he
would have known that there was such
Il thing rs a maudamus, by which
courts were made to do thing which
they might not want to do. After MIR.
Tucker had concluded his argument,
Blaine begged for just one. moment,
which was granted, and thereupon he
said that the language of Mr.. Tucker
was an intentional disrespect. that it
was discourtaous to taunt him with
not being lawyer, and, striking a
tragic air, he exclaimed; 81 thank
God that I was not bred a lawyer
in the school in which the gen
tleman from Virginia graduated, who,
as Attorney General of Virgin a, gave
an opinion that the municipal author
tiles of that State had a right to de-
termine what sort of matter should be
carried in the United States mails.
Again Blame exclaimed, II thank God
I am not such a lawyer" and the,
went on TO talk about State q rig hts and
claimed that Mr.. Tucker was advocat-
ing q doctrine now which set the
House of Representatives, above and
beyond judicial tribunal and made it q
power absolute and beyond control.
Every few minutes with stage parade
he would ekclaim. 81 thank God am
not such a lawyer as the gentleman
from Virginia. All the time Blaine
was glaring at Mr.. Tucker his face
was Iivid with rage. Mr.. Tucker. with
perfect composure. looked quietly at
Blaine and scarcely moved until he had
concluded, and then with quiet grace
and whitening sarcasm he proceeded
to demolish the Maine statesman.
Whatever else he might be, said
Tucker, there was one thing every
body would admit Mr.. Blaine to be.
He was Pharisee. He stood up in
public places and thanked God that
he wa not as other people were. This
application. in view of the stories now
on everybody's lips about the S64, 900
from the Union Pacific Railroad Com
pany, brought down the House. This
hit was followed up remorselessly, and
in five minutes Mr. Blaine was driven
from the bar of the House to his
seat, and there was none so poor on
his own side as to do him reverence.
L was a most signal and complete dis
com6ture, aid he plainly exhibited
his pain and anguish at the chastise
ment he received.