The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1868-02-11
Crushing Letter of Hon. J.. r.
DOOlittIe Against Radical Usur-
patton I'm Congress.

IL = .
4 On the night Of the 30th, there was
Tremendous meeting held at Cooper In
stitute, New York city. Hugh Maxwell
presided. Strong speeches were mad
and resolutions adopted condenning th
Revolutionary action of Congress, AM
calling on the people to rescue the i'm
lperillad institutions Of the country fron
ruin, and approving the patriotic cours
Iof the President. HonsJ. B. Doolitti
Twas with other distinguished gentlemen
Invited to address the meeting; but founl
j it Impossible to sstess. Instead he sen
THE following lettsr, u 7hieh he crush
Iingly arraigns the Radical usurpers il
Congress: . $
WASHINGTON, January ~, 1868.
! 70 Henry Leibenaa and others, Commit
tee, de-:
GHNrLEMEN: Your letter Of invitation
lis duly received.
1t costs me struggle to decline to ac
lcept. Ny whole soul is with you, anG
with all Of my countrymen everywhers
who are organizing to rescue constitution.
al liberty from overthrow by that Radi
calism which controls the dominant ma,
ljority in Congress. Two measures arc
now pending fthey have already passed
the House,, which, if censummated, tend
| to revolutionize the Government. The
FIRST, in direct violation of the Constitu-
tion, takes away from the President the
command of the army and 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 Pres
ident, who ceases Hereby to be Comman-
der-in- Chief. In word, it creates an
absolute dictatorship.
The other measure aims to subordinate
the Judiciary department to Congress also
The number of judges of the of the Su-
preme Court is eight, and his bill propo-
ses that no Judgment shall be pronounced
against the validity of a law of Con-
gress 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 judge can not be divi.
ded, and must by wholly for, or wholly
against the validity Of law, the practi.
cal effect Of requiring two-thirds Of eight
judges to concur is the same as if three.
fourths we're required. Six judges mus
concur in opinion to weight down the
opinions Of two.
This is placing false weights in The
balance. in favor of any nsurpation Con
judiciary dspsftiss1Gis, tie b NeigEt Tsa q
three opinions in advance, fxed-immo,
vably fxed-.by law. 1t leaves the poini
to be decided by majority of FIVE opin.
ions only. If three of the five shall de.
eide in favor of the validity Of the law
Congress is to be sustained in any usur.
patton it may attempt. We allknow, Al
power always tends to enlarge itself, that
constitutions are made on purpose to de-
| fend minorities from being trampled up.
on by majorities. Majorities are power
ful, and able to protect themselves.
The Supreme Court was established al
tho tribunal Of last resort, to uphold ths
Constitution as the supreme law ovel
Congress as well as over all else; to holt
a just and even balance in our system
and to determine the boundary line be
tween the powers delegated by the peo.
pie to the Federal Government, and thos,
which were reserved to the States. Ii
the strong language of him who has eve
been reyered as the father of the Con
stituticn:
aThe plain Fact of the case is that thl
Constitution Of the United States wa
created by the people composing the re
lspectiye States, who alone had the right
that they organized the Government int
Legislative, executive and judicial de
partments, sdelegating thereto certain por
Itions of power to be exercised over tn,
whole, and reserVing the other portions
to themselves respectively. Asthese dis
ltinct portions of power were to be exer.
Icised by the General Government and b.
the State Governments, by each withil
certain spheres, and as, of course, contro
yersies concerning the boundaries of thei
power would happen, it was provided tha
they should be decided by the Suprem,
lCourt of the United States, so constituted
las to be as impartial as it could be made
by the mode of appointment and respon
si5ility of the Judges. JONES Madi
sons Writings, vol, /, P. 1e.
But now can the Supreme Court hold
| a Just and even balance between the Gen
eral Government and State governments
iif three of its judges can weigh dowr
FIVE?
If, in case of encroachment by Con
gress upon the rights reserved to thu
Estates, or upon the liberties of the peo
1plo, it shall require six judges to over
come two?
just heaven! has it come to this? that
in the madness and blind fanaticism which
| rules the hour, it requires six judges il
favor Of that constitutional liberty fol
(which our fathers and British ancestors
have been struggling for five hundred
years, to weigh down the opinions of two
Judges in favor Of absolute military des
lpetism, of abolishing all civil law ant
lcivil government. even in ten States o
THE Union, and among eight millions o
people.
/ The case of McCardle is that Of civ
lillian arraigned for trial by military com
mission. 1t is now before the Supreme
Court on appeal from decision by tn.
United States Circuit Court for Missis
lsippi, on habeas corpus. Congress pro
lposes to enact that this man shall be de-
prived Of his liberty, and sentenced BY
military court to death it may be, al
though five Of the eight Judges of the