Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-06
SENATOR DOOLITTLE's LETTER

night, under the auspices OF tue NoucN
tutional Union organization, TO protest
against the acts OF the radicals in Con-
gress. The chair was taken by Hugh
Maxwell, and several eloquent addresses
we're delivered. The following stirring
letter was read to the meeting from Sen
ator Dooittle:
WASHINGTON, January 27. 1858.
To Henry Leibenan Fad others. committee, etc;
GENTLEMEH: Your letter OF invitation
is duly received. 1t costs me struggle
to decline to accept. My whole soul is
with you, and with all my countrymen
everywhere who are organizing TO rescue
constitutional liberty from overthrow by
that radcalism which controls the dom
inant majority in Congress. TIVE meas
ures are now pending (they have already
passed the House), which, if consum-
mated, tend TO revoutionize the Govern.
ment The first, in direct violation Of
the Constitution, takes away from the
President the command of the army and
the execution of the laws in ten States OF
the Unior. " 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 a word, it
creates an absolute dictatorship.
The other measure aims to subordinate
the judiciary department to Congress
also. The number of judges of the Su-
preme Court is eight, and this bill pro-
poses that no judgment shall be pro-
nounced against the validity of law OF
| Congress except by two.thirds of the
whole number Of judges. Two-thirds of
eight is more than five. To be precise,
two thirds of eight is FIVE and one-third.
| As the opinion Of judge cannot be di-
vided, and must be wholly for or wholly
| against the validity of law, the practi-
cal effect of requiring 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 judicia-
ry department, the weight of three opin-
ions in advance, fixed-immovably fixed
by law. 1t leaves the point to be de-
cided 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 defend minorl-
ties from being trampled upon by major
tiles. Majorities are powerful, and able
to protect themselves.
The Supreme Court was established as
the tribunal of last resort; to uphold the
Constitution as the supreme law over
Congress, as we'll as all else; to hold
lust and even balance in 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.
In the strong language of him who has
ever been revered as the father of the
Constitution:
1.-THE plain fact of the case is that the
Constitution of the United States was
created by the people composing the
respective States, who alone had the
right; that they organized the govern
ment into Legislative, executive and
judicial departments, delegating thereto
certain portions of power to be exercised
over the whole, and reserviDg the other
portions to themselves respectively. AS
these distinct portions of power were
to be exercised by the General Govern
ment 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 de-
cided 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
or the judges" s."-James Madtsons Wri-
tings, vol. l, p. Is.
Bat how can the Supreme Court hold
Just and equal balance between the
general govern ment and State govern
ments if three of its judges can weigh
down five7 If, in case of encroachment
by Congress upon the rights preserved to
the States, or upon the liberties of the
people, it shall require six judges to over
come two2
Just Heaven! has it come to this :?
that, in the madness and blind fanaticism
which rule the hour, it requires six
Judges in favor of that constitutional
liberty for which our fathers and British
ancestors have been struggling for five
hundred years to weigh down the opin-
ions of two judges in favor of absolute
military despotism, even IN ten States OF
the Union, and among eight millions of
The case of McCardle is that of a
civilian arraigned for trial by military
commission. 1t is now before the Su-
preme Court on appeal from the United
States Circuit Court for Mississippi, on
habeas corpus. Congress proposes to
enact that this man shall be deprived OF
his liberty, and sentenced by military
court, to death it may be, although hve
of the eight judges of the Supreme Court
shalldecide that such an outrage upon
constitutional liberty, in time OF peace.
is forbidden by the express language OF
theConstitution. He shall not be set at lib.
erty if three cf the judges of that court
shall be of opinion that theConstitution OF
the United States is suspended or over
thrown 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 martial,
awaiting a death warrant from the Pres-
ident.
BY the strongest appeals to the Senate
when the military despotism bill passed
in 1867, the minority prevailed upon
some Of the majority vote with them, aud
a provision was asserted 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 Presi-
lent though urged by the military COM
- -, ;..,s ,ba order for execution,