The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-04
CONGRESS AND THE STATES.

| CONGRESS AND THE STATES.
| Latter from Senator DooI1ttle.
THE REVOLUTIONARY CONDUCT OF coNaREss-THE
supREME coURT-TE M'ARDLE oAsE-oP-
POSING FoRcEs-JUsTIoE-AL LAST APPEAL.
mA grand mass meeting was held at Cooper
Tnstitute. New York, on Thursday night, under
tho anspices of the Constitutional Union Or
eanisation, to protest against the acts Of the
Radicals in Congress. The chair was taken
by Hugh Maxwell, and several eloquent ad-
dresses were delivered. The following stirring
letter was] read. to the meeting from Senator
Doolitte: .s - 4s.st 81. E::assl.sssssa:
z....--a,...s: WASHINGTON, January az, 1853:
| To HenTu Leibendn and ohers, C0naT'Mee, csc.
GENr1EmEN: Your letter OF invitation is duly
receiyed. III costs me struggle to decline to
.ccent NV whole soul is with you, and with
oil NV countrymen everywhere who are organ
iz;ng IN rescue constitutional liberty from
overthrow by that radicalism which controls
the dominant majority in Congress-. Two
measures are now pending (they have already
passed the Housed, which, u consumma1so, M.
Tend to revolutoni1e the government. Inc
;rst in direct violation Of the constitution,
taLes away from the President the command
| ~ the army and the execution OF the laws IN
fen States of the Union. It places the COM
mapd of the army and the execution OF the
| laws in the hands of the General, Independent
Of the President, who ceases tnereDy 10 De
commander-in-chief. In "otu, IL crea'eo dill
absolute dictatorship.
THE SUPREME COURT.
The other measure aims to subordinate the
judiciary department to Congress also. Inc
Number of iudces Of the Supreme Court ls
e;oht and this bill proposes that no judgment
shall be pronounced against the validity or u
Low of Congress except by two-thirds OF. the
w,.ola number Of Judges. Two-thirds OF eight
ia more than five. To be precise, two-thrds OF
EIGHT is five and one-third. AS the opinion OF
Judge cannot be divided, and must be WhoHy
for or wholly against the val1tS OF Jaw, she
practical effect of requiring tSo-tblrds OF elgnt
iudpes to concur is the same as II three-fourtn5
were required. Six judges must concur IN
opinion to weigh down the opinions OF two.
This ia placing false weights in the balance.
This ia placing in the balance, in favor of any
usurpation Congress may attempt against tne
executive or judiciary department., the welght
of three opinions in advance, n1eoElmmoy-
ably fixed-by law. It leaves the point to De
decided 6y majority of five opinions only. Il
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. "a power always tends TO enlarge itself,
that constitutions are made on purpose u de-
fend minorities from being trampled upon 6y
majorities. Majorities are powerful, ana spie
to protect themselves. n.
1;he Supreme Court was established as the
tribunal Of last resort; to uphold tbs constitu-
tion as tho supreme law over congress, as
well as over all else; to hold o just and even
balance IN our system; and to determine the
boundary line between the powers delegateo py
the people to the federal government, n4q
those which were reserved TO .tne staees; II
the strong language Of him who has ever been
reyered as the father of the constitution:
"The plain fact Of the case is that the con-
stitrtion of the Uuited States was created by
tbe neonle composing the respective States,
who alone had the right; that they organized
the government into Legislative, ,ie1ecunve ana
judicial departments, delegating thereto Ger
tam portions Of power to be e1erolsea over .tne
whole. and reserving the other portions TO
themselves respectively. AS these distinct
portions Of power were to be exercised by the
State governments, BY eech within certain
spheres, and as, Of course, controversies con,
cerning the boundaries Of their power woulo
happen, it was provided tina, they snopio De
decided by the Sgpreme Court W tne UAvou
it could be made by the modaof appointment
ard responsibility otthe judges."EJdnsa @r-
dson,s WasaSqtth saS tthSS Sqsa qsapfe%e Court hold just
ment and State governments, il three Of its
Judges can weigh down FIVE? II, In case OF en-
croachment by Congress upon the rights pre-
served to the States, or upon the liberties OF
the people, il shall require six judges to over
come two2
just Heavenl has it come to this2 that, in
the madness and blind fanaticism which rule
the hour, il requires six judges in favor Of
that constitutional liberty for which our IA
theirs and British ancestors have been strug-
cling for FIVE hundred years to weigh down
the opinions Of two judges in favor OF abso-
lutte military despotism, OF abolishing all civil
law and civil government even, in ten States
OF the Union, and among eight millions OF
peopleP
The case of McArdle is that Of civilian ar
raioned for trial by military commission. 1t is
now before the Supreme 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 1t
NAV be, although five Of the eight judges Of
the Supreme Court shall decide that such an
outrage upon constitutional liberty, In time Of
peace, is forbidden by the express language Of
| the constitution. He shall not be set at liberty
if three of the Judges Of that court shall be Of
| opinion that the constitution OF the United
States is suspended or overthrown in the State
where he resides.
This McArdle case is not all. There are sew
eral now in prison under sentence Of death by
these Radical courts-martial, awaiting death
warrant from the President.
Nv tbe strongest appeals to the Senate when
the military despotism bill passed in 1857, the
minority prevailed upon some of the majority
to vote with them, and provision was insert
ed that no sentence OF death should be exc
cutod without tho approval of the President.
But for that this terrible measure would have
been already stained with blood. The Presi-