Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1868-02-11
Tn the defence of the great mass of my rights

In the defence of the great mass of my right
| and liberties as a citizen of Wisconsin, I mus
rely upon the government of that State. ..ra
First of all, the State defends my life; Con
gress has nothing to do with that. z9l.l
The State defends my person from assault
Congress has nothing to do with that. 1o n9l
The State defends my reputation; Congress
has nothing to do with that. o3i 4, szsg7ds q
The State defends my wife and children
Congress has nothing to do with that.
The State defends my home from trespass
from arson from burglary, and all my property
from theft and from robbery; Congress has
nothing to do with that. ag0Is 53zo zaf
In all my dearest rights, relations, interests,
family, character, person, liberty, and life, ]
am defended by the laws of Wisconsin not by
the laws of Congress, at ALL sr5is
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 it is only under their authority that my
most precious interests are secured. The Su.
preme Court is organized by the Constitution
for the purpose of holding, not false balance,
but just and even balance between these rights
which the State government secures, and GER
tain other rights, just as sacred, it not so near
and dear, secured to me by the Federal Gov
ernment against encroachments by the State,
against insurrection in the State, against inva-
sions from abroad, and In controversies which
may arise between me and the citizens OF
another State--al Of which it is the duty OF
Congress to defend or secure.
Suppose Congress-, under political excite
ment, pass law encroaching upon my rights
OF life, or liberty, or person. or property, which
belong to the State to defend, and that case
arises In the Supreme Court to determine
whether the State government or the Federal
Government has usurped power over the ques-
ton, shall the Supreme Court hold an even
balance between the States on the one hand,
and Congress, on the other? Or shall that
court hold its balance with one side already
loaded down by law of Congress an faror OF
its own usurpations?
Upon this very question of its usurpations
shall Congress prevent even handed justice, by
placing manacle upon one of her hands?
Justice hitherto represented as majestic
woman, with eyes bandaged, holding pair OF
even balances, must hereafter 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 usurpations of central
power.
In our system two forces are ever struggling
Hitil<CdCN UGuCI OUC tclulIlS lOWdTuS CeDCFdfI-
cation, the other towards the States Each
operating without the other would destroy the
system. As In the solar system, there the CEN
trlpetal 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 continued 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 bal
ance it; all would go to the centre. If the
centrifugal force were doubled, it could no
longer be counterbalanced 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 decision shall always favor CEN
tralization, how long will it require to concen-
trate all the powers of government at Washing
ton, and to practically destroy the States as a
part OF our system?
And, on the other hand, if it required six
elghths OF the judges to declare the validity of
any law of Congress, would not this Govern
ment 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 a majority of the Judiciary Com
mittee.
1t is proposed by law to compel the Supreme
Court to dismiss the appeal of McCardle, and
to make all similar appeals to the Supreme
Court impossible. can hardly believe such a
law can pass the Senate. 1t is an open con
fession that Radical reconstruction is unconsti-
tutional, and that they dare not come to de-
cision in the Supreme Court
Pass that bill, In addition to the rest, and
the last vestge of civil law, Or civil jurisdiction,
is swept away, from the Potomac to the Rio
Grande
From where [ stood this morning, upon the
steps of the Capitol, with the flag of the Union
over me, | can look across river, and look up
on 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. Constitutional 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 her on this
sacred Capitol Hill Pin her own home Pun
der her own banner ?-amid all the SCOTS and
jeers of all the despots of the world
Let the people answer
Respectfully, yours,
r DOOT ITrTE