Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1868-02-11


The Governor shall reside at the seat of gov
ernment shall receive $4,000 for each year of
his service, and while in Office shall receive no
other emoument from this or any other gov
ernment. ~ sAsfs 5lAi
1t was proposed to make the salary $4,000,
and by another member $4,000 per annum.-
Both were voted down. z-..,,ss-,r
Pending the discussion of the next section,
Mr.. Parr endeavored to get the floor, but the
temporary chairman Mr.. Hine) did not OBJ
serve him, whereupon, Mr.. Gibson, of Kappa
hammock, called his attention to the fact. This
gave offence to Mr.. Platte, who replied angrily.
Mr.. Gibson-l was not talking to you.
Mr.. Platte-But was talking to you.
Mr.. Gibson asserted that he intended to pro-
tect the rights of members To which Mr..
Platte replied that if he espoused the quarrels
of others he had no objection to quarreling with
him.
/ Mr.. Gibson-If the gentleman wants per-
sonal difficulty am ready for him.
Mr.. Platte-I am ready for you, too.
AS soon as the sensation produced by these
belligerent remarks subsided and quiet restored,
Mr.. Gibson went to MIR. Plates seat and said
something in whisper, and then left the hall.
Mr.. Platte got up to follow, but the Chair or
dered the door to be closed, and Mr.. Platte,
consequently, could not get out. Before the
convention adjourned we are happy to state,
the difficulty, through the Intervention OF their
friends, was settled.
Senator Doolittle on the Infamous Con-
gressional Despotlsm.
Through the courtesy Of the Hon. James r.
Doolittle, United States Senator from the State
of Wisconsin, we are enabled to lay before our
readers this week, his mastery production in
the shape of letter to the committee of invi-
tation Of the great Conservative meeting which
came off last Thursday night week, in New
York. The country has but few greater States
men, nor the people more fearless advocate
of freedom, liberty of speech and Of Consti-
tutional rights than Senator Doolittle Would
to Heaven there were many more like him In
the Rump Congress
WASHINGTON, Jan. 81, 1868.
To Henry LesJandn and others,
Committee de-, &c ::
GENTLEMEN Your letter of invitation is
duly received.
1t costs me struggle to decline to accept
My whole soul is with you, and with all of my
countrymen everywhere who are organizing to
rescue constitutional liberty from overthrow by
that Radicaism which controls the dominant
majority in Congress. Two measures are now
pending, (they have already passed the House,
which, If consuulmated, tend to revoutionize
the Government. The first, in direct violation
of the Constitution, takes away from the Presi-
dent the command of the army and the execu-
ton of the laws in ten States Of the Union. 1t
places the command Of the army and the exc
cution of the laws in the hands of the General,
independent Of the President, who ceases there
by to be Commander 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 a
law of Congress except by two-thrds of the
whole number Of judges. Two thirds of eight
is more than FIVE 70 be precise, two-thirds of
eight is five and one-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 requiring two-thirds of eight
judges to concur Is the same as if three -fourths
were required. Six judges must concur in opin-
ion 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
of three opinions in advance, fxed-immova-
bly, fxed-by law 1t leaves the point to be
decided by majority of five opinions only
IF three of the five shall decide in favor Of the
validity of the law, Congress is to be sustained
in any usurpation it may attempt. We all
know, as power always tends to enlarge itself,
that constitutions are made on purpose to de-
fend minorities from being trampled upon by
majoritie3. Majoritie5 are powerful, and able
to protect themselves.
The Supreme Court was established as the
tribunal OF last resort to uphold the Constl-
tuition as the supreme law over Congress, as
well as over all else to hold just and even
balance is our system; and to determine the
boundary line between the powers delegated by
the people to the Federal Government, and
those which were reserved to the States La
the strong language of him who has ever been
revered as the father of the Constitution:
''The plain fact of the case is that the Con-
stitution of the United States was created by
the people composing the respective States,
who alone had the right; that they organized
the Government into legislative, executive, and
judicial departments, delegating thereto certain
portions Of power to be exercised over the
whole, aud reserving the other portions to them
selves respectively. As these distinct portions
of power were to be exercised by the General
Government and by the State governments, by
each within certain spheres, and as, of course,
controversies concerning the boundaries of their
power would happen, it was provided that they
should be decided by the Supreme Court of
the United States, so constituted rs to be as
impartial as it could be made by the mode OF
appointment responsibility of the judges. =
james IMadisons Writings, vol. l, p. Is.
But how can the Supreme Court hold just
and even balance between the General Govern
ment and State governments If three OF Its
judges can weigh down five?
Ii, in case of encroachment by Congress upon
the rights reserved to the States, or upon the
liberties of the people, it shall require six judges
to overcome two?
Just Heaven has it come to this? that, In
the madness and blind fanaticsm which rule
the hour, it requires six judges In favor OF thai
constitutional liberty for which our fathers and
British ancestors have been struggling for five
hundred years to weigh down the opinions o
two Judges In favor of absolute military despot
ism, of abolshing all civil law and civil govern
ment even, in ten States of the Union, and
among eight millions of people.
The case of McCardle is that of a civilian ar
raigned for trial by military commission. 1t is
now before the Supreme Court on appeal from
decision by the United States Circuit Cour1
| for Mississippi on habeas corpus. Congress
proposes to enact that this man shall be de-
prived of his liberty, and sentenced by military
court to death it may be, although five of the
| eight judges of the Supreme Court shall decide
| that such an outrage upon constitutional liber
ty in time of peace, is forbidden by the express
| language of the Constitution. He shall not bt