The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1868-02-11

4
shall not be set at liberty if three OF the
Judges of that court shall be Of opinion
that the Constitution Of the United States
lis suspended or overthrown in the State
where he resides.
This McC Cardle case is not all. There
areseyeral now in prison under sentence
of death by these Radical courts martial
awaiting death warrant from the Presi-
fdent ggs
By the strongest appeals to the Senate
when the military despotism bill passed
i'm 1867, the minority prevailed upon
some of the majority to vote with them
AID provision was inserted that no
sentence of death should be executed
without the approval of the President
But for that this terrible measure would
have been already stained with blood
The President, though urged by the mil I.
itary commanders to issue the order fas
lexecution; h.s hos ir,esfiFained from doing So.
In the defence of the great mass Of my
rights end liberties, as citizen Of Wis
consin, / must rely upon the Government
of that State.
First Of all, the State defends my life;
Congress has nothing to do with that.
The State defends my person from as
sault; Congress has nothing to do with
that.
The State defends my reputation; Con-
gress has nothing to do with that.
The State defends my wife and chill
dren; Congress has nothing to do with
that. 9I 50 f aoiai as
The State defends my home from tres
pass, from arson, from burglary, and all
my property from theft and from robbery;
Congress has nothing to do with that.
In all my dearest rights, relations, in
terests, family, character, person, liberty
and life, am defended by the laws of
Wisconsin,; not By the laws of Congress,
at all.
Nothing is more clear, therefore, than
the necessity of guaadiug with jealous
care against all encroachments by the
Federal Government upon the just rights
of the State Governments; for it is only
under their authority that my most pre-
cious interests are secured. The Supreme
Court is organizedby the Constitution for
the purpose of holding, not false bal
ance, but a just and even balance between
these rights which the State Government
secures, and certain other rights, JUS. as
sacred, if not so dear, secured to me by
the Federal GsfFernment against encroach.
ments by the State, against insurrection
in the State, against invasions from
abroad. and in controversies which may
other of 81 stsfs-afI q which ff IS tie e duty
of Congress to defend or secure.
Suppose Congress, under political ex-
citement, pass law encroaching upon
my rights of life, or liberty, or person,
or property, which belong to the State to
defend, and that case arises in the Su-
preme Court to determine whether the
State Government or the Federal Gov
ernment has usurpedpower over the ques-
tion, shall the Supreme Court hold an
even balance between the States, on the
one hand, and Congress on the other2-
Or shall that Court hold its balance with
one side already loaded down by law of
Congress IN favor Of its own usurpations9
Upon this very question of its usurpa-
lions shall Congress prevent even-handed
justice, by placing a .manacle upon one
of her hands?
Justice hitherto represented as a ma
ljestic woman, with eyes bandaged, holding
pair of even balances, must hereafter
be represented with false balances in her
hand, with one eye uncovered, no longer
looking straight forward in search of
truth, bat askant and obsequious, seek
ing apologies for the ,usurpations Of CEN
tral power. =
In our system two forces are ever
struggling with each other; one tending
towards Capitalization, the other towards
the States. Each operating without the
other would destroy the system. As in
the solar system, the centripetal force
left to itself alone would draw all. the
planets to the sun, and thus destroy that
system. The centrifugal force, left to
itself alone; would drive the planets into
infinite space, and thus destroy that sys-
tenn also. But the combined operation
Of both forces, the. one balancing the
other, retains all in their proper orbits.
How long could that system last if the
centripetal force should be doubled. The
other force remaining the same could no
longer balance it; all would go to the
centre. If the centrifugal force were
doubled, it could no tlonger be counter
balanced by the other, and the planets
would leave their orbits and wander
through space.
So if the Supreme Court, which holds
the balance between these political forces
in our system, is to be so chained and
manaeled, that unless six. eigtths of the
Judges shall decide against it. the de-
cision shall always favor Capitalization,
how long will it require to concentrate
all the powers of Government at Wash
ington, and to practically destroy the
States as part of our system?
And, on the other hand, if it required
six -eights of the Judges to declare the
validity Of any law of Congress, would
not this Government be in danger Of
loosing its just authority
There is another measure proposed in
I the House. Itmay pass that body. 1t
has been reported by majority Of the
Judiciary committee.
1t is proposed by law to compel the
Supreme Court to dismiss the appeal Of
McCardle, and to make all similar ap-
peals to the Supreme Court impossible.
I can hardly believe such law can pass
the Senate. 1t is an open confession that
Radical reconstruction is unconstitution-
al, and that they dare not come to de-