The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1868-02-12
MASS MEETING IN NEW YORK.
Great Letter from Senator DooIittle.


Institute. New York, on Thursday night
week, under the auspices of the Constitution
al Union organization, to protest against the
acts of the radicals in Congress. The chair
was taken by Hugh Maxwell, and several
eloquent addresses were delivered. The fol
lowing stirring letter was read to the meet
ing from Senator Doolittle:
WASHINGTON, January 81, 1868.
To Henry LeiJenan and Others, Commit
tee d:c-Gentlemcn Your letter Of invi-
tation is duly received. 1t costs me strug-
gle to decline to accept. My whole soul is
with you, and with all my countrymen every
where who are organizing to rescue consti-
tutional liberty from overthrow by that radl-
calism which controls the dominant majority
| in Congress. Two measures are now pend
ing. (they have already passed the House. J
which il consummated, tend to reyoutionize
| the government. The first. in direct viola
ton Of the constitution, takes away from the
President the command Of the army and the
execution Of the laws in ten States of the
Union. 1t places the command Of the army
and the execution Of the laws in the hands
of the General, independent of the President,
who ceases thereby to be commander-in chief.
In word, it creates an absolute dictatorship
The other measure aims to subordinate the
judiciary department. to Congress also. The
number Of Judges Of the Supreme Court is
eight, and this bill proposes that no judgment
shall be pronounced against the validity of
law Of Congress except by two-thirds Of
the whole number of judges. Two-thirds Of
| Jnh h.
two thirds Of eight is Eve and onc-third -
As the opinion of judge cannot be divided
and must be wholly for or wholly against the
validity of law, the practical effect of re-
curing two-thirds Of eight judges to concur
is the same as if three fourths were required
Six judges must concur in opinion to weigh
down the opinions of two.
This is placing false weights in the balance
This is placing in the balance, in favor Of
any usurpation Congress may attempt against
the executive or judiciary department, the
weight of three opinions in advance, fixed
immovably fixed by law. 1t leaves the
point to be decided by majority of five
opinions only. If three Of the FIVE shall de
CID. in favor of the validity OF the law, Con
gress is to be sustained in any usurpation i
may attempt We all know, as power always
tends to enlarge itself, that constitutions ar,
made on purpose to defend minorities from
being trampled upon by majorities. MAORI
ties are powerful, and able to project them
selves
The Supreme Court was established as tn,
tribunal of last resort; to uphold the consti
tuition as the supreme law over Congress-, a
we'll as over all else; to hold just and ever
balance IN our system; and to determine tn
boundary line between the powers delegate,
by the people to the federal government, an,
those which were reserved to the States. Il
the strong language of him who has eve
) been reyercd as the father of the constitu
!, ton:
The plain fact of the case is that the con
stitution of the United States was create
by the people composing the respective States
who alone had the right; that they organize
the government Unto legislative, executiv
and judicial departments, delegating theret
certain portions Of power to be exercised owe
the whole, and rcserving the other portion
to themselves, respectively. AS these dis
tlnct portions OF power were to be exercise
by the general government and by the Stat
governments, by each within certain spheres
aud as, Of course, controversies conceroin
, the boundaries Of their power would happier
it was provided that they should be decide
by the Supreme Court of the United States
SO constituted as to be as impartial as it coul
be made by the mode Of appointment an
responsibility Of the judges Flames Mad
sons Wvitings, col. l, p. 10.
But how can the Supreme Court hold
just aud equal balance between the genera
government and State governments if tire
of its judges can weigh down five? If, i
case Of encroachment by Congress upon tn
rights preserved to the States, or upon tn
liberties of the people. it shall require ST
Judges to overcome two?
Just Heaven has it come to this ? that
in the madness and blind fanaticism whic
rule the hour, it requires in favor of that con
stitutional liberty for which our fathers an
British ancestors have been struggling 70
FIVE hundred years to weigh down the opin
ions Of two judges in favor of absolute mill
tary despotism, of abolishing all civil law an
civil government even, in ten States of tn
5 Union, and among eight millions of people
The case of McArdle is that of a civilian
arraigned for trial by military commission
1t is now before the Supreme Court on ar
; peal from the United States Circuit Cour
for Mississippi, on habeas corpus. Congress
proposes to enact that this man shall be dc
priyed Of his liberty, and sentenced by mill
tary court, to death it may be, although tiv
Of the eight judges of the Supreme Cour
shall decide that such an outrage upon con
) stitutional liberty, in time of peace, is to1
hidden by the express language of the con
stitution. He shall not be set at liberty
three Of the judges of that court shall be 0
opinion that the constitution of the Unite
States is suspended Or oyerthrown in th
State where he resides
This McArdle case is not all. There ar
several now in prison under sentence Of dealt
} by these radical courts martial, awaiting
death warrant from the President.
By the strongest appeals to the Senat
when the military despotism bill passed il
1867, the minority prevailed upon some @
the majority to vote with them, and a pre-
vision was asserted that no sentence Of deaf
should be executed without the approval q
the President But for that this terribl