The New York herald., 1868-01-31

Onion orsanissios win lose opportunity Of sustaining
sS Tss As s: e.: 70 s q.
r. sis Ct q. .:sq' : e. e
indirectly the name OF any candidate for thA, ONCE.
LITTER OF sENAToR pooLrrLR.
The Following letter from Hon. J. R Doolt,le was
then read -
WASHINGTON, JAN a. 1883.
GsNLKhKS or rHg CohMIrrEE-Your letter OF invita-.
ton duly received mes struggle to decline
70 accept by whole soul Ia with you and with all OF
cue constitutional liberty from overthrow by that radi
caiism which controls the dominant majority IN Con-
ready passed the House. which, consumma.ed,
tend 70 revoluilonize the government. The
from The President the command Of the army and .hs
execution OF the laws In ten States OF the Union II
PAGES The command Of the army and the execution Of
we laws IN the hands OF the General Independent OF
hs President who ceases thereby to be commanderin.
cnisf In word IL creates an absolute dictatorship
Tho other measure sims TO subordinate the judiciary
department. to Congress also. The number OF judges OF
hs supreme Cour, eight and this bill proposes thai no
judgment shall be pronounced against the validity OF
beE OF udgea Two-hirds OF eight than Gve To
Do precise twothds OF eight are Ave and ono third A.
The opinion OF judge cannot be divided, and must oe
wholly for or wholly against the validity OF law the
practical effect OF requiring tvothrds OF eight judges to
judges must concur In opinion TO weigh down The opin
tons OF two Ths placing false weights in the balances
ton Congress may attempt against the Executive or
Judiciary department the weight Of three opinions in
uxeo-immovaOy nX0d-Oy
the point 70 bs decded BY majority Of 1--WE opinions
only II three OF the Eve shall decide In favor OF the
validity OF the law Congress is TO be sustained In any
usurpation II may attempt We all know, power
always tsnds TO enlarge ITSELF that constitutions
maze on purpose TO defend minorties from being
trampled upon bv n,ajorites. Majortes powerful
and able TO protect themselves
The Supreme Court established the tribunal Of
last resort 10 uphold the constitution the supreme
law Congress well as over all else; to hold
just and even balance in system and to determine
the boundary line between the powers delegated by the
nant and uVh
reserved to the States In the strong language Of him
who has ever been reversd the father Of the cons
tution:-
The plain fac. OF the that the constitution OF the
created By s he people the
psrments aeesans thereto certain porons sf power
~ irons 70 e !, ,respssys A. these distinct portions
BY Within
spheres. and of course. controversies concerning
should
partial Ds made Sy the mode Of appointment % % and
rssponsi9Slity Of the judss'-Ja"' aadi'ons Writings
But how can the Supreme Court hold just and even
balance Detweon the general government and the State
fve9-if, in case Of encroachmsnt by Congress upon
the rights reserved to the Statos upon the liberties
the people, It shall require six judges to overcome two
just Heavenl has II come to ths9 that in the mad
ness and blind fanatcsm which rule the hour requires
SIX judges in favor of that constitutional liberty for
which our fathers and British ancestors have been
struggling for i've hundred years weigh down the
opinions Of two judges in favor OF absolute military
despotism. of abolshng all civil law and civil govern.
men, in ten States Of the Unon and among eight
millions OF people. The of McCarde ia that OF
Givhan arralgned for trial by military commission.
II Is now before the Supreme Court appeal from
decision by the United States Circuit Court for Msss
sippi, on habeas corpus. Congress proposes to enact
fenced by military court TO death, 1t may be, although
five OF the eight judges Of the Supreme Court shall de-
time Of Peace is forbidden by the express language Of
the constitution He shall not be set at liberty
ns 'ale0 ,onr,on me 5aoses OF anas court shall
United States is suspended overhrown in
the State where he resides. This MccardIe is
not ALL There are severa now in preon under sentence
OF death by these radical courts martial awaiting
death warrant from the President
BY the strongest appeals 10 the Senate, when the mill
tary despotsm bill passed in 1867 tho minority pre-
vailed upon some OF the majority to vote with them
and provision inserted that sentence of death
should be executed without the approval OF the Pres
dent But for that this terrible measure would have
been already stained with blood The President though
urged bv the military commanders TO issue the order
execution, has refrained from doing
In the defence OF tho great mass of my rights and
liberties "a citizen Of Wisconsin, must rely upon the
government OF that State FIRST of ALL the State de.
fends my life; Congress has nothing to do with that
has nothing to do with that. The State defends my
reputation; Congress- has nothing to do with
arsn; Congress- has nothing TO DO wish @ .ha
The State defends my homo from trespass,
Ss e% a% and 81 my a
with that In all my dearest rights relations, inter-
ests. family character, person, liberty and life, am
defended By the laws Of Wisconsin, not by the laws Of
Nothing is more clear therefore than the necessity
Of guarding with jealous care against all encroach
ments by the federal government upon the just
rights OF ihe State governments for IL is only under
their authority that my most precious interests
secured Tho Supreme Court is organized by
the constitution for the purpose OF holding, not false
balance but lust and even balance between these
rights which the state government secures and certain
other rights just sacred II not and dear,
cured 10 me by the federal against encroach
hy fha fatA atnQt tn1p rrnCffnr &fufa
against invasons from abroad, and in controversies
which may arise bstween and the citizens Of another
State all OF which Is the duty Of Congress TO defend
secure.
suppose Congress, under political excitement pass
law encroachiug upon my rights OF life, or liberty
person. property which belong the State 10 defend
and thai the the Supreme Court to deter
crnment has usurped power the question: shall the
Supreme Court hold even balance between the state
on the one hand and Congress on the othcrf or shall
that hold Its balance with side already loaded
down by law of Congress in favor OF. Its own usurpa
y0osy
gross prevent even-handed justice by placing manace
upon one OF her hands2
Justice. hitherto represented as majestic woman,
with eyes bandaged, holding a pair Of even balances
must hereafter be represented with false balances In
hand with one eve uncovered, no longer look ing
straightforward in search of truth but askant and OBJ
sequious seeking apologies for the usurpaons OF cen.
In our system two forces are ever struggling with
each other-onc tending towards Capitalization, the
other towards the States. Each operating without the
the cen.rpeal force les to hself alone would draw all
tho planets 10 the and thus destroy that system.
The centrifugal force LETT TO itself alone word drive
the planets into space and thus destroy that system
also. But the combined operation Of both forccs-thc
balancing tho other-retains oil in their
proper orbits How long could that system
if the centripstai force should he doubled The
oiher force remaining the same could no longer balance
It, all would 90 10 the CENTRE II me centrifugal force
doubled It could longer be counterbaanced by
the other and the planets would leave their orbits and
wander through space so II the Supreme Court which
holds the baance between these poics forces 10 our
system Is TO be chained and manaclcd that unless six
sghhs OF the judges shall decide against H. the decision
shall always favor Capitalization, how long will II re-
qure 70 concentrate all the powers or government at
Washington and TO practically destroy the States as
part OF system And, on the other hand u " re-
qured reighths OF the Judges to declare the validity
OF any Law OF Congress- would not this government be 10
danger OF losing It's just authorityY There another
measure proposed In the House may pass that body
II has been reported by majority. OF tho judiciary Com
mtiee. IL s proposed by Law TO compel the supreme
Cour, TO dismiss the appeal OF McCardIe, and TO make
all similar appeals 10 the Supreme Court Impossible.
hardly believe such 4 Law pass the Senate 10