The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1866-11-16
Che 8edfQra Gazette.
The Constitutional Amendment.
LETTER FROM
HON, O. 3. BROWNING,
Attorney General Of the United States.
Attorney General Of the United states.


Col. ". II. Be,mesoa and Maj. II. z.
SiHfirom, Quincy, Illinois:
GENTLEMEN: 1t would give me
great pleasure to comply with your re-
quest, and visit Illinois to meet my
old friends and neighbors, and talk to
them face to face upon the great ques-
tions now before the country. But it
is not practicable for me to do so. My
public duties forbid it.
Our Government is worth preserv-
ing. No people were ever blessed with
one better worth it. But tits not certain
that we viii save it. There are now
two tendencies in public affairs, both
of which are fraught with danger. One
is to centraliZation of power in the
General Governments; the other an alb
sorption by the legislative department
Of many Of the powers and preroga-
tives Of the executive and the judi
ciary.
The safety Of a free government is in
keeping the power near the people
This was we'll understood by the states
men who formed the original thirteen
States, and united them and their peo-
pie inone Federal Government. They
gave to the General Government only
such powers as were necessary for the
welfare Of the whole people Of the Uni
ted States rpserving all other powers to
the States respectively and to their
people. And in framing State consti-
tutions and laws they placed as much
power as was compatible with the gem
eral welfare of theState in the govern
ment of counties, townships and lesser
municipalities. To guard still farther
against abuse, or too great conceutra-
ton Of power, they distributed the
functions of Government, State and
Federal, in separate bodies Of magis-
tracy. The naturaltendency of power
is to strengthen its hands, and enlarge
its sphere Of action; and if the FEEDER
al Government absorb great powers
heretofore reserved to the States, or if
one department usurp important func-
tons Of the others, the structure Of our
complex system will be radically chan
ged, and our free government will de-
scend into despotism.
The legislative is much the strongest
Of the departments-and the most ag-
gressive, because its members are re-
sponsible to no power but the will of
the dominant party for acts Of usurpa-
ton. 1t is the only department from
the encroachments of which any seri-
Gus danger to our institutions is to be
apprehended. 1t has heretofore eXer-
cised more influence than is compati-
BILE with safety and entire freedom over
both the executive and the judiciary.
1t has sometimes impressed a perni-
cious influence upon judicial action,
and where it has failed to accomplish
that in advance of judgments, has sub
sequently OvGrruledan annulled them.
And, without at all impugning the
motives Of legislators, l may venture
to say that if the present Congress
were not restrained by positive and
emphatic provisions of the COnstitu-
ton, they would greatly abridge, if
they did not altogether annihilate, the
power of appointment to and removal
from Office, now cOnfided to the Exec
utive, and the salutary restraint which
he holds over legislation through the
veto power. This is a danger always
present when the executive and the
legislative departments are in antago-
nism, and it is certain in times Of high
party excitement to manifest itself, no
matter what party may be in power.
Safety is to be found only in holding
each department firmly and closely
within its orbit.
If the proposed amendments of the
Constitution be adopted, new and enOr-
NOUS powers will be claimed and eXer-
ciscd by Congress as warranted by such
amendments, and the whole structure
of our Governmentwill, perhaps grad
ually, but yet surely, be revolutioni-
zed. And so with thejudiciary; if the
proposed amendments beadoptcd, they
may, and certainly will, be used sub
stantially to annihilate the State judi
Charles.
The first section Of the proposed arti-
Gle contains, among others, the follow
ing provision:
"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 con-
tains the following: "No person shall
be deprived of life, liberty, or proper
ty, without due process of law" This
is identically the same, except that it
is a restraint upon the powers of the
General Government alone, and has no
reference or application to State Gov
ernments. And most of the State con-
stitutiOns, ! believe all of them, con-
tain a similar provision, as a limitation
upon the powers of the State respect
lively. Now, when, in the Federal
Constitution, there is this guaranty a.
gainst arbitrary and oppressive inva-