The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1868-02-19
Letter From Senator Doolittls.

r sslifr9Uih 7Iil 363YoE-I Il. lll9f'YlsStl
january by7bgul 6eisdt bla fsekg.Gs
24'9aa1 eaWAsHTNeToN, Jan. ~, 1868.
To Henry Lubman and others, Committee.
etc.
GenAemea-Y our letter Of invitation is
duly received. f'"f'1-- &c, Eo&fo.' &N
ut costs me a struggle to decline to &C.
eept. My whole soul u.s. with you, and
with all of my countrymen everywhere who
are organizing to rescue constitutional
liberty from overthrow by that Radicalism
which controls the dominant majority in
Congress Two measures are now pend
ing. (they have already passed the House,)
which, if consummated. tend tolreyolution-
ize the Government. The first, in direct
violation Of the constitution, takes. away
from the President the command OF the
army and the execution Of the lawsin ten
States of the Union. . IT places the com
mand Of the army aud the execution ofthe
laws 10 the hands of the General, indepenI
dent ofthe President, who ceases thereby
to be Commanlerin.Chief in a word, 9it
creates aniabsoi1te dictatorship. 81 hpDef
q The othertmeasare aims to subordinate
the judiciary department to Congress also.
The number tof Judges of the Supreme
Court is eight, and this bill proposes that
no Judgment shall be pronounced against
the validity ofialaw Of Congress, except
bytwel thirds of the whole lnumberl Of
Judges. Fwofhif1s Of eightlns more than
fipp.1Blo be- precise, two.thirdsl of eight
isfveiand one.thifd.j As the 6pinioniof.a
judge cannot be divided, and must he who'll
~ 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 iopinion to
weigh down The opinions Of two. asas III u
This, is placing, false weights in the bal
anee. This is placing in the balance in
favor of any. ,usqrpation Congress may
attempt against the Executive or judiciary
department, thelweiaht;of three opinions
in advance, fxed-impioyably !, fxed-by
law. Il It leaves the point to be decided by
a majority Of five opinions only, If three
iofthe FIVE shall decide in favor of the va
ilidity of the law, Congress is to be sus-
tanned in any usurpation it. may attempt.
We all know, as power always tends to
enlarge itself, that constitutions are made
Oh purpose to defend minofitfes. from be-
ing 'trampled upon by majorties., Maori
ties are powerful, and able to protect them
selves ht5
The Supreme Court was established as
the tribunal of last resort; to uphold the
constitution as the supreme law over Con
eress, as we'll as over all else; to hold a
just, and even balance in our system; and
to determine the boundary line between
the powers delegated BY The people to the
Federal Government, and those which are
reserved to the States, u In the strong Ian
guage Of him who has ever been revered as
the father of the constitution :a 7o e8el
The plain fact of the case il, 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 organized the Government into legis-
tive. executive and judicial departments,
delegating thereto certain portions of pow
er to be exercised over the whole, and re-
serving the other PORTIONS TO thems Ives
respectively. AS these distinct portions
of power were to be exercised by the Gen
eral 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 decid.
ed by the Supreme Cpart gof the United
State, so constituted as to be as impartial
as it could be made by the mode of ap-
poiptment and the responsibility of the
judges James Madison's Writings, vol.
/, p. IS. = : =
But how can the Supreme Court hold a
Just and even balance between the General
Government and State governments il
three Of lis judges can weigh down five? b
If, in case of ENFORCEMENT by Congress
upon the rights reserved to the States, OF
upon The Liberties Of the people, it shall
require six judges to overcome two? s,as.
Just Heaven has it come to this that,
in the madness and blind fanaticism which
rule the hour, itreduires six judges in ia.
vor Of that constitutional liberty for which
our fathers and British ancestors have
been struggling for five hundred years to
weigh down the opinions oftwo judges in
favor of absolute, military despotism, O
aboIishing all civil law and civil govern;
ment even in ten States of the Union and
among eight millions of people.
The case of MeCardle is that of civil.
liam arraigned for trial by military commits.
sion. Ills now before the Supreme Court
on appeal from q decision by the United
States Circuit Court for Mississippi, on
habeas corpus. Congress proposes to ex
act that this man shall be deprived Of his
liberty, and sentenced by military court,
to death, it may be, although five Of the
eight Judges ofthe Supreme Court shall
decide that such an outrage upon constitu-
tioual liberty, in time of peace, il forbid
den by the express language Of the consti-
tntion. He Shall not be set at liberty il
three Of the Judges Of that court
shall be Of opinion that the constitution Of
the United States is suspended or over
thrown in the State where be resides.
This McCardIe 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. If Pt5H .feg nf4 Ell ael:ii
By the strongest appeals TO the Senate,
when the military despotispi, bill passed, in
1867, the minority prevailed upon some Of
the majority to vote with them, and a pro.
vision was inserted that no sentence
lof death should be executed without the
approval of the President. But for that
this terrible measure would have been al
ready stained with blood. The President
though urged by the military commanders
ito issue the order for execution, has re.
Trained from doiug it. I
Ia the defence Of the great mass of nv
rights and liberties, as citizen of Wiscon-
sin. | must rely upon the Government d
that State. iei 324 W sfsti u
First of all, the State defends my life;
Congress has nothing to do with that