Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-10-29

= The Washington National IntelIigencer Of
the oath OF October publishes the following
| important letter from Judge BROWNING,
Secretary of the Interior. 1t was written
to some of his former constituents in Hi
nois. The Washington correspondent of the
| NeD York Times states that the President,
on being shown this letter, fully approved
it, and desired it to be made public, with
the understanding that it fully represented
his position: . I.g
WASHINGTON, Oct. 13, 1865.
To Col W. II. BenneSOn and Major II. Y.
Suluvan, Quincy IH"
GENTLEMEN-It would give me great
pleasure to comply with your request and
visit Illinois to meet my old friends and
neighbors and talk to them face to face up
on the great questions now before the
country. But it is not practicable for me
to do so. My public duties forbid it, Our
| Government is worth preserving. No peo-
pie were ever blessed with one better worth
1t. But it is not certain that we will save
it.. There are now two tendencies in pub
lie affairs, both of which are fraught with
danger. One is to centralized power in
the General Government; the other an alb
|
many of the powers and prerogatves of
the Executive and the Judiciary. The
safety of free Government is in keeping
the power near the people. This was we'll
understood by the statesmen who formed
the original thirteen States and united
them and their people in one Federal Gov
ernment. They gave to the General Gov
ernment only such powers as were neces-
sary for the welfare of the whole people of
the United States, reserving all other pow
ers to the States respectively and to their
people, and in framing State Constitutions
and laws they placed as much power as was
compatible with the general welfare of the
State in the government of counties, town
ships, and lesser municipalities. To guard
still further against abuse, or too great
concentration of power, they distrib-
uted the functions of Government,
State and Federal, in separate bodies
of magistracy. The natural tendency
of power is to strengthen its hands
and enlarge its sphere of action, and if the
Federal Government absorbs greater pow
ers heretofore reserved to the States, or if
one department usurps important func-
tions of the others, the structure of our
complex system will be radically changed,
and our free Government will descend into
i despotism. The Legislative is much the
/
i aggressive, because its members are respOn-
sible to no power but the will of the dom
inant party for acts of usurpation. 1t is
the only department from the encroach-
ments of which any serious danger to our
institutions is to be apprehended. 1t has
heretofore exercised more influence than is
compatible with safety and entire freedom,
over both the Executive and judiciary. 1t
has sometimes impressed a perniciOus in
1luence upon judicial action, and where it
has failed to accomplish that in advance of
judgments, has subsequently overruled and
annGlled them. And without at all im-
pugning the motives of Legislators, may
venture to say that if the present Congress
were not restrained by positive and en-
phatic provisions of the Constitution they
would greatly abridge, il they did not al
together annihilate, the power of appoint
ment to and removal from office now con-
fided to the Executive, and the salutary re-
straint which he holds over legislation
through the veto power. This Is a danger
always present when the Executive and
the Legislative departments are in antagon-
ism, and it is certain in times of high party
excitement to manifest ITSELF no matter
what party may be in power. Safety is to
befound only in holding each department
firmly and closely within its orbit. 1t the
proposed amendments OF the Constitution
be adopted, new and enormous power will
be claimed and exercised by Congress as
warranted by such amendment, and the
whole structure of our Government will,
perhaps gradually but yet surely, be revo-
lutionized. And so with the judiciary. If
the proposed amendments be adopted, they
may and certainly will be used substantial
ly to annihilate the State judiciares. The
first section of the proposed article con-
tains, among others, the following pro-
vision: "Nor shall any State deprive any
person of life, liberty or property without
due process of law" Why insert such a
provision in the Federal Constitution? 1t
already contains the following: "No per-
son shall be deprived of life, liberty or
property, without due process of law."-
This is identically the same, except that it
is restraint upon the powers of the Cen
eral Government alone, and has no reter-
ence or application to State Governments.
And most Of the State Constitutions, [
believe all of them, contain a SINH
lar provision as limit .tiOn upon the
powers of the States respectively. Now.
when in the Fe leral Constitution there is
this guarantee against arbitrary and OPP
pressive invasions of the rights OF the citi-
zens by Federal authority, and similar
guarantee in the State Constitutions against
| ike oppressive dcIlOn ny Lie DLdJ6 OOVeTu-
ments why insert in the Federal ConstitlU-
tion a new provision, which has no refer
ence to the powers of the General Govern
ment and imposes no restraints upon it,
but is simply repetition of a limitation
upon the powers Of State Governments
which is already present in the State Con-
stitutions? The object and purpose are
manifest. 1t is to subordinate the State
iudiciaries in all things to Federal super
Vision and control; to totally annihilate
the independence and sovereignty OF State
| jndiciaries in the administration of State
l laws, and the authority and control of the
4 States over matters of purely domestic and
| local concern. If the State judiciaries are
| subordinated, all the departments of the
H State Governments will be equally subor-
II dinated, for all State laws, let them relate
II to what department of Government they
i NAV, or to what domestic or local Interest,
| will be equally open to criticism, interpreta-
i ton and adjudication by the Federl tribu-
4 nails, whose judgments and DEGREES, will be
II supreme, and will override the decisions OF
the State Courts and leave them utterly
powerless. The Federal judiciary has ,ju-
i risdiction of all questions arising under
II the Constitution and laws Of the United
States; and by virtue of this new provision,
Il if adopted, every matter of judicial inves-
tigation, civil or criminal, however insig-
II niicant, may he drawn into the vortex of
II the Federal judiciary. In controversy
between two nelghbors about the owner