The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1868-02-12
Letter of Hon. J. R.
DOOIittle Againts Radical usur-
nation In Congress-.

patton In Congress.
On the night of the 30th, there was a
tremendous meeting held at Cooper lnsti-
tute, New York city Hugh Maxwell pre-.
sided. Strong speeches were made and re
solutions adopted cOndemining the Revo-
luttionary action of Congress, and calling
on the people to rescue the imperiled in
Stitutions of the country from ruin, and ap.
, proving the patriotic course of the Pres-
lent. Hon. j. H. Dooittle was, with eth
er distinguished gentlmen, invited to ad-
dress the meeting; but found it impossible
to attend. Instead he sent the following
letter, in which he crushingly arraigns tho
Radical usurpers in Congress:
WASHINGTON, January 81, 1868.
To Henry Leibendn and Others, Committee,
DC,
GENTLEMEN Your letter Of invitation
is duly received
1t costs me a struggle to accept. My
whole soul is with you, and with all Of my
country men everywhere who are orgapiz-
ing to rescue constitutional liberty from
overthrow by that Radicalism which con-
trolls the dominant majority in Congress.
Two measures are now pending (tney have
already passed the Housel, which, if con-
summated, tend to revolutionize the Gov
ernment. The first, in direct violation Of
the Constitution, takes away from the Pres
ident the command of the army aud the
execution of the laws in ten States of the
Union. 1t places the command Of the army
and the execution of the laws in the hands
of the General, independent of the Presi-
dent, who ceases thereby to be Commander
in-Chief In word, it creates an absolute
dictatorship.
The other measure aims to subordinate
the judiciary department to Congress also.
The number o. judges of the Suprme Corrt
is eight, and this bill proposes that no judg,
ment shall he pronounced against the valldi-
ty 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 aud ouesthird.
As the opinion of judge cannot be divid
ed and must be wholly for Or wholly
against the validity Of law, the practical
effect of requiring two>thirds ot eight judg-
es to concur is the same as if three>fourths
were required. Six judges must concur in
opinion to weight down the opinions OF
two.
This is placing false weights in the bal
ance. This is placing in the balance, in
favor OF any usurpation Congress may at
tempt against the Executive or judiciary
department, the weight Of three opinions in
advance, fxed-immovably fxed-by law.
1t leaves the point to be decided by "a ma
iority 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
minorites from being trampled upon by
majorities. Maiorties 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 Con.
gress as well as over all else: to hold just
and even balance in our system, and to de-
termine the boundary line between the
powers delegated by the people to the Fed
eral Government, and those which were re-
served to the States. In the strong Ian
guage of him who has ever been reyered as
the father of the Constitution:
1.-The plain fact of the case is that the
Constitution of the United States was crea.
ted by the people composing the respective
States, who alone had the right, that they
organized the Government into legislative,
executive and judicial departments, dele
eating thereto certain portions of power tc
be exercised over the whole, and reservinq
the other portions to Themselves respect.
fully. As these distinct portions of power
were to be ex ercised by the General Gov.
ernment and by the State Governments, by
each within certain spheres, and as, Of
course, controversies concerning the bound
aries 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 il
} could be made by the mode of appointment
and responsibility Of the Judges. .'--Jame'
IMadi$on's Writings, vol. l, p. Is.
But how can the Supreme Court hold 9
} Just and even balance between the Genera
Government and State Governments il
three Of its judges can weigh down five?
If, in case of encrLachment by Congress
upon the rights reserved to the States ol
) upon the liberties of the people, it shal
require sig Judges to overcome two?
. Just heaven has it come to this? that
in the madness and fanaticism which rules
the hour it requires six judges in favor o
that constitutional liberty for which oul
fathers and British ancestors have beer
struggling for five hundred years, to weigl
down the opinions of two judges in favo
of absolute military dcspotism, Of abolish
! ing all civil law and civil Government, ever
! in ten States of the Union, and among
4 eight millions of people.
The case of MeCardle is that Of a civil
r ian arraigned for trial By military commits
sion. 1t is now before the Supreme Cour
f on appeal from decision by the Unitet
5 States Circuit Court for Mississippi, o,
| hnJeas corpus. Congress proposes to enac
! that this may shall be deprived of his lib
7 erty, and sentenced by military court t.
death It may be, although five of the eigh
Judges of the Supreme Court shall decid
that such an outrage upon Constitutions
Y liberty, IN time of peace. is forbidden b.
the express language Of the Constitution
: He shall not be set at liberty, If three q
the Judges of that court shall be Of opinion
n that the Constitution Of the United State
e is suspended or overthrown In the Stat
where he resides. . =
, This McCardle case is not all. There ar
= several now in prison under sentence Q
death by these Radical court martials await
ing death warrant from the President
BY the strongest appeals to the Senatt
; when the military despotisrh bill passed il
D 1867, the minority prevailed upon some o
t the majority to vote with them, and a pro
r vision was inserted that no sentence of deat
= should be executed without the approval Q
: the President. But for that this terribl
S measure would have been already staine
e with blood. The President, though urge
by the military commanders to issue the Oh
der for execution, has refrained from doih
:, So.
In the defense Of the great mass Of NJ
!, rights and liberties, az citizens of Wiscor
! ! Fin, | must rely upon the Government {