Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1868-03-28

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cui1 Court &c Mi--s~~slfs- on AaAae~
cs~pas. tongrc-~ p-ui-.~s- 9" elazisi
tia, tia. man .llAli b. deprived Il hi>
nl--rlv AID sentenced by military
court u death. ~ NAV -. al'hough
Eve Of the eight judges Of the 81
prcme Court -hall decide that such
an outrage upon constitutional lib
crty. in time of peace, is Forbidden
h- the express language ofthc con-
s,itution. lie shall not be set at
liberty ifthrce of the judges of that
Court shall be of opinion that the
Constitution of the United State. is
suspended or ovcrthrown in the State
where he resides. This McCardle
case is not all. There are several
now in prison, under sentence of
death by these Radical courts-mar.
tial, awaiting a death warrant from
the President. by the strongest ap-
peals to the Senate, when the mill
tary despotism bill passed in 1867,
the minority prevailed upon some of
the majority to vote with them, and
provision was inserted that no SEN
tcncc of death should be executed
without tho approval of the Presi-
dent. But for that this terrible
measure would have already been
stained with blood. The President,
though urged by the military COM
manders to issue the order for the
execution, has rcfrained from doing
so. In the defence of the great mass
Of my rights and liberties, as citizen
ofWisconsin, ! must rely upon the
government Of that Stare. 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 my home from trcspass, from
arson. from burglary, and all my
property from theft and robbery:
Congress has nothing to do with that.
In all my dearest rights, relations,
interests, family, character, person,
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 ncces-
sity of guarding with jealous care
against all encroachmcnts by the
federal government upon the just
rights of the State governments; for
it is only under their authority that
my most precious interests arc Sc
cured. The Supreme Court is Or
ganizatcd by the Constitution for the
purpose of holding, not II false bal
ance, but just and even balance be-
tween these rights which the State
government secures, and certain 9TH
er rights, just as sacred, if not so
near and dear, secured to me bv the
federal government against encroach-
mcnts by the State, against insurrcc-
ton in the State, against invasion
from abroad, aud in controversies
which may arise between me aud the
citizens of another Sta,e-all of
whic;. j; Is the duty of Congress to
defend or secare. SUPPOSE Con
gress. under political excitement.
pass a law encroaching upon nay
rights Of life. or liberty, or person.
cr property. wkich belong 20 the
State - drfesi- znl thzs the cz-e
ari~es "a th~ S1Ssr~me Cenrs 20 de-
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