The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-04-27
Congressional
MIR, BLAINE AGAIN,
HE TACKLES TUCKER, OF VIR-
GINIA.
GOES FOR WOOL AND GETssHORN.
WASHINGTON, April II


HoUsE.-After the return of the men,
bers from the impeachment trial, the
debate on the Kilbourn habeas corpus
case was resumed.
Mr.. Tucker proposed an amendment
to the resolution reported by the majority
of the judiciary Committee, directing the
Sergeant-at-Arms to appear by counsel
in the court and to make a motion to
uuash or dismiss the writ, or to take such
other procedure as he should be advised,
to raise the question of legality and pro-
priety of the issue of the writ on the
facts stated in the petition and complaint,
and as preliminary to any return to the
same, and that in the meantime he retain
the custody of Kilbourns body, and not
produce it without further order of the
House.
Mr.. Garfield suggested that in the Irwin
habeas corpus case last session, where
the same course was resorted to as the
gentleman from Virginia now suggested,
a motion to quash the writ, the judge
would not hear the motion unless the
body of the prisoner was produced.
Mr.. Tucker-If he refuses to hear the
motion it will show that corruption has
spread from the real estate pool so as
even to taint the ermine of the judiciary
of the District. Applause on the Demo
cratic side of the House,
Mr.. Garfeld-There void be just as
good right to say that statement which
the gentleman has made would only
have been made in case corruption has
reached clear to the House Counter ap-
plause on the Republican sideJ and eau
sed it to strike at the judiciary. lwould
not say that.
Mr.. Tucker-I did not hear the gentle
mans remark, but | supposed there was
nothing in it personal to myself.
Mr.. Garfeld--Oh, no.
Mr.. Tucker-The judge should be
made to heed the House by this con-
science, if he has one, and by power SUI
perior to it, The has not.
Mr.. Blaine, who was occupying chain
in the area on the Democratic side, in
ouired how Judge could be made to dc
anything by the House Of Representa-
tiyes. .
Mr.. Tucker-The gentleman is no law.
yer, as he'has often shown in this House,
laughter on the Democratic side,) and
the gentleman is perhaps unaware that
when Judge does not execute his duty
he may be made to do so.
Mr.. Blaine said that he did not know
WHY the gentleman from Virginia (Tnc-
kerl should have manifested so much
asperity in remarks addressed to him
He (Biaine) thanked God that he was
not a lawyer trained in the school that
the gentleman was. He thanked God
that he was not lawyer who, as Attor.
ney General of Virginia, had given an
opinion that the local authorities of that
State might invade the postofice and
compel the postmaster to give up the
contents of the mail. He thanked God
land this he said with great vehemence
of manner) that he was not that kind of a
lawyer. (Applause and encouragement
on the Republican side Of the House,
Mr. Blaine, who was still occupying a
position on the Democratic side of the
House, proceeded, in the midst of con-
siderable excitement: "The gentleman
represents, and with great ability, thai
which is known as the great States
Rights school which received its chiei
inspiration from Jefferson and othel
greater leaders of Virginia, and yet he
stands here to plead that this House pos
sesses power ofwhich there no review
anywhere except in ITSELF Jefferson
said expressly in letter that this govern
ment was constructed SO that absolute
power resident nowhere, and he defec
anybody to show that there was absolute
power in any department of the govern
ment. The ultimate judgment of the
Supreme Court of the United States may
seem absolute, but if the power of thai
court is abused tie power of impeach-
ment resides in the House to punish it
But the gentleman from Virginia, profes
sing to represent the spirit of Jefferson
says 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 reliet
or review. thank God again that have
not read law in that school. Renewed
plaudits 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 al
him in reply to conversational and under.
tone Interruptions, was not intended to
be in any degree offensive. | thought