The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-02-06
,.en revered . the father Of the canstitu.

Deeu revereu as inc intuoi - ~
ton:
"The plain fact of the case is. that the con-
st;,nt;on of the United States was created by
tho neonle composing the respective states,
vho alone had the right; that they organized
tsa covernment into Legislative, executing,
and iadicial departments, delegating thereto
CERTAIN portions of power to be exercised
aver the whole, and reserying the other por-
t;ous TO themselves respectively. As those
distinct portions of power were to be exef-
cised by the general government, 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 as
to be as impartial as it could be made by
the mode. of appointment and responsibility
of the judges. james Madison's Writings,
roll /, p. Is. a. Ea&@s1% h
But how can the supreme court hold d
Just and even balance between the general
government and the state governments, If
three Of its judges can weigh down fve7
If, in case of encroachment by congress
upon the rights Of the states, or upon the
liberties of the people, it shall require six
Judges to overcome two? T4
Just heaven has it come to this; that IN
kuG iuauICas hAu DiiHu AdudtiNioH WhASAA A'H>
the hour, il requires six Judges in favor OF
that constitutional liberty for which our faith
ers and British ancestors have been sfrug-
Cling for FIVE hundred years, to weigh down
the opinions oftwo judges in favor of abso
lutte military despotism, of abolishing all
civil law and civil government, even in ten
states of the Union, and among eight mil
lions of people?
The case of McArdle is that of civilian
arraigned for trial by military commission.
1t is now before the supreme court on appeal
from a decision by the United States circuit
for Mississippi, on habe1s corpus. Congress
proposes TO enact that this man shall be de-
prived of his liberty. and sentenced by mill
tary court, to death it may be, although five
of the eight Judges of the supreme court
shall decide that such an outrage upon con-
stitutional liberty, in time of peace, is forbid
den by the express language of the constitu
ton. He shall not be set at liberty if three
of the judges of that court shall be of opin
ion that the constitution of the United States
is suspended or overthrown in the state
where he resides.
This McArdle case is not all. There are
several now in question under sentence OF
death by these radical courts martial, await
ing a death-warrant from the President.
By the strongest appeals TO the senate
when the military despotism bill passed in
1867, the minority prevailed upon some OF
the majority TO vote with them, and pro-
vision was inserted that no sentence ofdeath
should be executed without the approval of
the President But for that this terri. le
measure would have been already stained
with blood. The President though urged by
the military commanders 10 issue the order
for has rafraIpa1 from 1osprr 60
In the defence of the great mass of my
rights and liberties, as citizen of Wiscon-
sin, | must rely upon the government of that
state.
First of all, the state defends my life; con-
gress has nothing to do with that.
The state defends my person from assault;
congress has nothing to do with that.
The state defends my reputation; congress
has nothing to do with that.
The state defends my wife and children !;
congress has nothing to do with that.
The state defends nay home from trespass.
from arson, from burglary, and all my prop
erty from theft and from robbery; congress
has nothing to do with that
In all my dearest rights, relations, family,
character, liberty, and life, l am defended by
the laws of Wisconsin, not by the laws of
congress at all.
Nothing is more clear, therefore, than the
necessity of guarding with jealous care
against encroachments by the federal gov
erument upon the Just rights of the state
governments for il IS only under their au-
thority that my most precious interests are
secured. The supreme court is organized
under the constitution for the purpose of
holding, not false balance, but Just and
even balance between those rights which
the state government secures, and certain
other rights, just as sacred, if not so near
and dear, secured to me by the federal gov.
eminent against encroachment by the state,
against instruction Ia the state, against
invasion from abroad, aud in contro-
versies which may arise between me and
the citizens of another state,-all of which
it IS the duty Of congress TO defend or secure
Suppose congress, under political excite
ment, pass a law eneroaching upon my rights
OF life, or liberty, or person, or property,
which belongs to the state to defend and
that a case arises in the supreme court TO
determine whether the state government or
the federal government has usurped power
over the question, shall the supreme court
hold an even balance between the states,
on the one hand, and congress on the other?
Or shall congress held its balance with one
gress IN favor of its own usurpations?
Up this very question of its usurpations
shall congress prevent even-handed Justice,
by placinga manacle upon one Of her hands?
Justice, hitherto represented as q majestic
woman, with eyes bandaged, holding pair
of even balances, must hereafter be repre-
scented with false balances in her band, with
one eye uncovered, with one eye looking
forward in search of truth, bat askance and
obsequious, seeking apologies for the usur-
pations of central power.
In our system, two forces are ever strug-
Cling with each other; one, tending toward
Capitalization, the other toward the states.
Each operating without the other would de-
stroy 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 the system; the centrifugal
force, left to itself alone, would drive the
planets into infinite space, and thus destroy
that system also. But the combined opera
ton of both forces, the one balancing the
other, retains all in their proper orbits. How
long could that system last if the centripetal
forces should be doubled. The other force,
remaining the same, could nolonger balance
it: all would go to the centre. If the cen
trifugal force were doubled, it could no lon
ger 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 politicsl forces in our