Middletown transcript., 1868-02-08
publit gfairs.
Letter from senator Doo,,tsle.

q.
A grand mass meeting was held at
Cooper Institute, New York, on Thursday
night, under the auspices of the Constitu-
tional Union organization, to protest
against the acts ofthe 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 Doolittle, Republican, of Wisconsin:
WASHINGTON, January 81, 1868.
q To Henry Leibenan and others, COM
n,ittee, 6c.-Gentlemen Your letter of
invitation is duly received. 1t costs me a
struggle to decline to accept. My whole
soul is with you, and with all my country
men everywhere who are organizing to
rescue constitutional liberty from overthrow
by that radicalism which controls the dom
inant majority in Congress. Two measures
are now pending, (they have already pas
sed the House, which, if consumated, tend
to reyolutionize the government The
first, in direct violation of the constitution,
takes away from the President the COM
mand of the army and the execution of the
laws in ten States of the Union 1t places
the command of the army and the execu-
tion of the laws in the hands of the Gen
eral, independent of the President, who
ceases thereby to be conmander-in chief
In word, it creates an absolute dicta-
torship. -.'ts 9sn
The other measure aims to Subordinate
the Judiciary department to Congress also.
The number of Judges of the Supreme
Court is eight, and the bill proposes that
no Judgment shall be pronounced against
the validity of a 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 a
judge cannot be divided, and must be
wholly for or wholly against the validity Of
a law, the practical effect of requiring two.
thirds of the judges to concur is the same
as if three-fourths were required. Six
judges must concur in opinion to weigl
down the opinions of two. no
This is placing false weights in the bal
ance. This is placing in the balance, il
favor of any usurpation Congress may at
tempt against the executive OF iudiciar,
department, the weight of three opinion
in advance, fxed-immovably fxed-b,
law. 1t leaves the point to be decided b,
majority of Eve opinions only. If thre
of the five shall decide in favor of the va
lidity of the law Congress is to be sus
: tanned in any usurpation it may attempt
We all know, as power always tends t,
enlarge itself, that constitutions are mad
on purpose to defend minorities from beiny
trampled upon by majorities Majoritie
, are powerful, and able to protect them
selves. m ..-.-
The Supreme Court was established a
the tribunal Of last resort to uphold tn
constitution as the supreme law over Con
gress, as well as over all else; to hold
just and even balance in our system an
to determine the boundary line betwee
the powers delegated by the people to tn
federal government, and those which wer
reserved to the States. In the strong Ian
guage of him who has ever been revere
us the father Of the constitution: .1
The plain fact of the case is that tn
constitution of the United States was or.
ated by the people composing the respec
tive States, who alone had the right; tn;
they organized the government into legi
lative, executive and Judicial department.
delegating thereto certain portions of pow,
to be exercised over the whole, and rese
wing the other portions to themselves, r,
spectively. As these distinct portions
power were to be exercised by the gener
government and by the State government
by each within certain spheres, and as,
course, controversies concerning the boun,
aries of their power would happen, it w
provided that they should be decided !
the Supreme Court of the United State
so constituted as to be as impartial as
could be made by the mode of appoin
ment and responsibility of the judges. ~
Lsnses MadiSon's Writings, uot /, % Il
But how can the Supreme Court hold
just and equal balance between the gel
eral government and State governments
three Of its judges can weigh down fiv,
If, in case of encroachment by Congre
upon the rights preserved to the States,
upon the liberties of the people, it sh,
require six judges TO overcome two?
Just Heaven has it come to this ? tina
in the madness and blind fanaticism whi
rule the hour, it requires six judges