Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-01
Crushing Letter of Hon. j. h.
Doolittle Agalnst Radical Usur.
patton In COugress.

presided. Strong speeches were made ard
adopted condemning the Revo-
lutionary action of Congress, and calling
on the people to rescue the imperilled in-
stitutions of the country from ruin, and
the patriotic course Of the Pres
ident. Hon. j. r. DooLrrrLE was. with
other distinguished gentlemen, invited to
address the meeting; but found it impos-
sible. 20 attend. Instead he sent the follow
ing letter, in which he crushingly arraigns
the Radical usurpers in Congress:
: ~ WASHINGTON, January "a, 1868.
To Henry Leibennn and others, Committee, &C.:
GENTLEMEN Your letter of invitation
is duly received.
1t costs me a struggle to decline to ac-
cept. My whole soul is with you, and with
all of my country men every where who are
organizing 10 rescue constitutional liberty
from overthrow by that Radicalism which
controlsthe dominant majority in Congress.
Two measures are now pending (rhey have
already passed the House), which, if con-
summated, tend to revolutionizr the Gov
ernment.-s The first, In direct violation of
thes Constellation, 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
President, who ceases thereby to be Com
mander- In Chief. In q word, it creates an
absolute dictatorship.
y The other measure aims to subordinate
the judiciary department to Congress also
The number of Judges of the Supreme
Court is eight and this bill proposes that
no Judgment shall be pronounced against
the validity of law of Congress except by
twO-thirds of the whole number of judges.
Two-t thirds of eight is more than five. To
be precise, two-thirds of eight is five and
one-third. AS the opinion OF judge cam
not. be divided, and must be wholly for, or
wholly against the. validity. of a law, the
practical effect OF requiring two-thirds OF
eight judges to concur is the same as If
three-fourths were required. Six judges
must concur in opinion to weigh down the
opinions of two.
|; This is placing false weights in the bal
ances. This is placing in the. balance, in
favor of any usurpation Congress may at
tempt against the Executive or judiciary
department, the weight of three opinions
In advance, sfxed-immovably fixed-by
law. 1t leaves the point to be decided by
a majority of five opinions only. II three
of the five shall decide in favor of the
validity of the law, Congress is to, be sus-
tanned in any usurpation it may attempt.
We all know, as power always tends to en-
large itself, that constitutions are made on
purpose to defend mino tiles from being
trampled upon by majorities. -Majorities
are powerful, and able to protect them
selves. 500 I'D - a.. x ssscl1sii- tfa
The Supreme Court was established as
the tribunal of last resort. to uphold the
Constitution as the supreme law over Con-
gress as we'll as over all else. to hold a just
and even balance In our system, and to de-
49, r., .1a~. ls.,a h<akx 1.
powers delegated by the people to the Fed
eral Government, and those which were
reserved to the States. In the strong Ian
guaee of him who has ever been revered
as the father of the Constitution:
1.-The plain fact of the case is that the
Constitution of the United States was ere
ated by the people composing the respect
i've States. who alone had the right; that
they organiz.d the Government into legis-
lative, executive and judicial departments,
delegatiDg thereto certain portions of DOW
er to be exercised over the whole, and re-
serving the other portions to themselves
respectively. AS these distinct portions Of
power were to be exercised by the General
Government and by the State Govern
ments, by each within certain spheres, and
as, of course, controversies concerning the
boundaries of their power would happen,
it was provided that they should be decided
by the Supreme Court OF the United States,
so constituted as to be as impartial as it
could be made by the mode of appointment
and responsibility of the Judges.n-J dnes
Madison's Writings, vol. /, p. 49, 1g.,'f
But how can the Supreme Court hold q
just and even balance between the General
Government and State governments if
three of its judges can weigh down five?
II, in case of encroachment by Congress
upon the rights reserved to the States. or
upon the liberties of the people, it shall
require six judges to overcome two? ri
Just heaven has it come to this that,
in the madness and blind fanaticism which
rules the hour, it requires six judges in
favor of that constitutional liberty for which
ouf fathers and British ancestors have
weigh down the opinions of two judges in
favor of absolute military despotism, of
abolishing ait civil law and civil govern
ment, even in ten States of the Union, and
among eight millions of people.
The case of McCardle is that of civilian
arraigned for trial by military commission.
It is now before the Supreme Court on ap-
peal from decision by the United States
Circuit Court for Mississippi, on habeds COR
man shall be deprived of his liberty, and
sentenced by military court to death it may
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 Con-
stitution of the United States is suspended
or overthrown in the State where he re-
sides. a+
This McCardle case is not all. There are
several now in prison under sentence of
death by. these Radical courts martial
awaiting death warrant from the Presi-
dent.
By the strongest appeals to the Senate
when the military despotism bill passed in
1867, the minority prevailed upon some OF
the majority to vote with them, and pro-
vision was inserted that no sentence OF
death should be. executed without the ap-
proval of the President. But for that this
stained with blood. The President, though
urged By the military commanders to issue
the order for execution, has refrained from
doing SO. 81 s., asaie - ifa.ais f.as aasi -zif.
In the defence Of tho great mass of my
rights and liberties, as citizen OF Wiscon-
sin, must rely upon the Government OF
that State. aa >Hs1s ssasi sa5 A-N7. i'
Congress has nothing to do with that. 4
The State defends my person from as
sault; Congress has nothing to do with
that.
| The State defends my reputation Con-
gress has nothing to do with that.
The State defends my wife and children
Congress has nothing to do with that.
The State defends my home from tres.
pass, from arson, from burglary, and al
my property from theft aud from robbery
Congress has nothing to do with that.
In all my dearest rights, relations. inter
ests, family, character, person, liberty anG
life, am defended by the laws of Wis.
consin; not by the laws OF Congress, al
all. ,,,s1
Nothing is more clear, therefore, thar
the necessity. of guarding with jealous
care against all encroachnents by the Fed
eral Government upon the just rights oi
L ii 70 10 for 10 ,lxr,