Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-02-06

berry; Congress hhb .nOthlnR 10 40 WIN
that In all my dearest rights, relations,
interests, family. character, person, lib
erty and life, am defended by the laws
Of Wisconsin, not by the laws OF Con-
gress at all
Nothing is more clear, therefore, than
the necessity Of guarding with jealous
care against all encroachments by the
Federal Government upon the just rights
Of the State governments, for 1t is only
under their authority that my most pre-
cious interests are secured. The Su-
preme Court is organized by the Consti'
tuition for the purpose Of holding, not q
false balance, but just and even balance
between these 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
ernment against encroachments by the
State, against insurrection in the State,
against invasions from abroad, and in
controversies which may arise between
me and the citizens Of another State-all
of which it is the duty Of Congress to de-
TEND or secure.
Suppose Congress, under political ex-
citement, pass law encroachlng upon
my rights of life, or liberty, or person, or
property, which belong to the State to
defend, and that case arises in the Su-
preme Court 10 determine whether the
State government or the Federal govern
ment has usurped power over the ques'
ton, shall the Supreme Court hold an
even balance between the States, on the
one hand, ami Congress on the other Z
Or shall that court hold its balance with
one side already loaded down by law
Of Congress in favor Of its own usurpa-
tions2
Upon this very question of its usurpl.
tions shall Congress prevent even-handed
justice, by placing o manacle upoa one
of her hands?
Justice, hitherto represented as q ma
iestc woman, with eyes bandaged, hold
ing pair of even balances, iaust here
after be represented with false balances
in her hand, with one eye uncovered, no
longer looking straight forward in search
of truth, but askant and obsequious,
seeking apologies for the usurpation of
central power.
In our system two forces are ever
struggling with each other-one tending
towards Capitalization, the other to-
wards the States. Each operating with
out the other would destroy the system
As in the solar system, there the centri.
petal force, left to itself alone, would
draw all the planets to the sun, and thus
destroy that system. The centrifugal
force, left to itself alone, would drive the
planets into infinite space, and thus
destroy that system also. But the con-
tinuod operation of both forces, the one
balancing the other, retains all in their
proper orbits.
How long could that system last if the
centripetal force should be doubled. The
other force remaining the same could no
longer balance it; all would 90 to the
center. If the centrifugal force were
doubled, it could no longer 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 political forces
in our system, is to be so chained and
manacled, that unless six eighths of the
judges shall decide against it, the deci-
sion shall always favor Capitalization,
how long will it require to concentrate
all the powers of government at Wash
ington, and to practically destroy the
States as part of our system?
And, on the other hand, if it required
six-eighths of the judges to declare the
validity of any law of Congress, would
not this government be in danger of
losing its just authority.
There is another measure proposed in
the House. 1t may pass that body. 1t
has been reported by majority of the
Judiciary Committee
1t is proposed by law to compel the
Supreme Court to dismiss the appeal of
McCardle, and to make all similar ap-
peals to the Supreme Court impossible.
can hardly believe such law can pass
the Senate. 1t is an open confession
that Radical reconstruction is uncon-
stitutional, and that they dare not come
to decision in the Supreme Court
Pass that bill, in addition to the rest,
and the last vestige of civil law, or civil
jurisdiction, is swept away, from the
Potomac to the Rio Grande.
From where l stood this morning,
upon the stems of the capitol, with the
flag Of the Union over me, can look
across a river, and look upon land of
absolute, unqualified despotism. If |
visit Mount Vernon, and sit down by the
tomb of Washington, / sit under the
shadow of military dictatorship, more
unlimited than can be found in any
civilized country upon the globe. Con-
stitutional liberty is already bound,
scourged, and crowned with thorns here
here, in her own sacred temple.
Shall the General of the Army,
urged on by the Radical chief priests,
cruelty hero on this sacred Capitol Hill2
in her own home ? under her own banner2
amid the SCOTS and jeers of all the des-
pots of the world2
Let the people answer.