The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-11-14
ESTABLISHED A. D.. 1882.
THE POLITICAL SITUATION.
LETTER FROM SEC'Y BROWNING.
Examination Of the Powers OF
the Several Branches Of
the Government Rep
reseRtatiOn in the
South, sc.
SECRETARY BRowNING's LETTER.

SECRETARY BRowNING's LETTER.
WASHINGTON, October, 13.
To Colonel ". H. Bennesn and Major II
v Sutttrdn, Quincy, LHiRots;
GENTLEMEN:-It would give me grea
pleasure to comply with your request, anc
visit Illinois to meet my old friends and
neighbors, and talk to them face to fac,
upon the great questions now before the
country. But it is not possible for me to
do so. My public duties forbid 1t. Oul
Government is worth preserving. No REQ
pie we're ever blessed with one better worth
it. But it is not certain t. at We will save
it. There are now two tendencies in public
affairs, both of WHICH are fraught with dan.
d, yer. One is to centralized power in the
General Government; the other an absorp,
tion by the legislative department of many
of the powers and preroyatives of the Tx.
ecutive and the Judiciary. The safety of q
free Government is in keeping the power
nea, the people This was well understood
by the statesman who formed the original
thirteen States. and united them and their
people in one Federal Government. They
ga, to the General Go ernment only such
powers as were necessary TOR the welfare OF
the whole people of the United States, &C.
serving all other powers to the States re-
spectvey and to their people, and in fam
ing the State Constitutions and laws the
| placed us much power as was compatible
with the general welfare of the State inthe
government of counties townships aud less
cr municipalities. To guard still further
t against abuse or too great concentration Of
rover, they distributed the functions #
Government, State and Federal, in separate
bodies of magistracy. The natural tcnden.
cy of power is to strengthen its hands and
enlarge its sphere Of action, aud if the
Federal Government absorb great pov ers
heretofore reserved to the States, or it one
department usurps important functions OF
the otl ers, the structure Of our complex
system will be radically changed, and our
free Govcrpmcnt will descend into despot-
! ISM The legislative is much the strongest
of the departments, and the most aggressive
| because its members are responsible to no
power but the will of the dominant party
tor acts ii usurpatlon, 1t is the only de-
partlnent from the encroachments of which
any serious danger to our institutions is Ia
| be apprehendrd 1t has heretofore exer-
ciSed more influence than is compatible
with safety and entire freedom over both
| the Executive and judiciary. 1t has some
|
4 on judicial action, aud where it has failed
to accomplish that in of judgments has
| subsequently overrulled and annulled them.
And without at all impugning the motives
of Legislators, may venture to say that il
the present Congress were not restrained by
| positive and emp hattie. provisions OF the
Constitution they would greatly abrige, il
they did not aithogether annihllate, the
| 10, nxr.lt
office now confdeG, to the Executive, and
| the salutary restraint which he Eolds ovel
! legislation through the veto power. This
| is a danger always present when the i''xecu
tive and the Legislative departments are in
antagonism, and it is certain in times OF
high party excitement to manifest itself, nc
matter what party may be IN power. Safe
ty is to be found only in holding each de-
partment firmly and closely within its orbit.
If the proposed amendments of the Con
stitutinn be adopted, new and enormous
power will be Gained aud exercised by Con
grcss. as warranted tuch amendments. and
the old structure OF our Government vii
perhaps gradually but yet surely be revolu
tioaized And SO with the Judiciary. Ii
the proposed amendments be adopted, they
may and certainly will be used substantially
to aanhilate the State judiciaries. The
first section of the proposed articles con
tains, among others, the following provi
sons: Nor shall any State deprive any
person of life liberty or property without
due process of law. Why insert such I
provision in the Federal Constitution. L
already contains the following: mo perso,
shall be deprived OF life, liberty or property
without due process Of law. ~ This is iden
tically the same except that 1t is a restrain
upon the powers of the General Govern
ment alone, and has no reference or applica
ton to State Governments. And most o
the State Constitution. | believe o. of then
contain singular provision as Limitation
upon the power OF the States respectively
Now when in the Federal Constitution ther
is this guarantee against arbitrary and op
pressivc invasion of the rights of the citi
zen by Federal authority, aid simila
guarantee in the State Constitutions agans
like oppressive action by the State Govern
ments, why insert in the Federal Constitu
tion new provision, which has no referenc
to the mowers OF the General Government
J and impose no restraints upon ii, but is sim
: ply repetition of limitation upon tn
powers Of State Governments which is al
ready present in the State Constitutons?-
| i
to subordinate the State Judiciaries in q
= thinrsto Federal supervision and contro
10 totally annihilate the independence an
sovereignty of State iudiciarles in the ad
mipistration Of State laws, and the author
ity and control of the States over matters c
!. purely domestic and local concern. If tn
State iudciarics are subordinate. all tn
: departments of the State Governments wi
! |. ,hnr for all tafa Iavps
: let them relate to what department of Gov
: ernment they may, or to what domestic @
d local interest, will he equally open to crit
d cism, Interpretation and adjudication
the Federal tribunals, whose judgments an
DEGREES. will be supreme and will overrid
the decisions Of the State Courts and lcav
y them utterly poweress
The Federal judiciary jurisdiction of a
questions arising under the Constitutio
T and laws of the United States, and by virtu
of this new provision, if adopted, ever
matter of judicial investigation, civil ,
se criminal, however Insignificant. may /
drawn into the vortex Of the Federal judi,
1t iciary. In controversy between tw
l. peighbors about the ownership of pig, til
ID unsuccessful party may allege that til
State tribunals have deprived him of h
property without due process of law, an
take the case before the Federal tribuna
IL for revision. So ifa man be indicted fC
~ larceny or other crime, convicted and sci
tenced upon allegation of deprivation
49, lit erty without due process law, we ma
- bring the case before the Federal tribuna
9or revision and reversal So, too, if
murderer be arrested, tried, convicted an
In senterced to be hung, he may claim Il
. protection OF the new Constitutional mr.
vision, allie s,sge ct fhGt s stdte IS s about to
s's sw. and nd arrest ali further 'I proeeedin, Stis