The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-10-31
Letter from secretary
Browning ON the Con-
stituti0nal Amend
GmGNtS.
Their Adoption Would Result in a
Revolution Of the Whole Struct-
Hre OF the Government.
WASHINGTON, D. c., Oct. 70, 1866.

WASHINGTON, D. c., Oct. 13, 1866.
Colonel W. H. Benneson and Major H. V Sullivan
Quincy, H.:
GENrLENEN-It would give me great pleas
ure to comply with your request. and visit
Illinois to meet my old friends and neIghbors,
and talk to them face to face upon the great
questions now before the country. But it is
not practicable for me to do So NV public
duties forbid It,
Our government is worth preserving. No
people were ever blessed with one better worth
it. But it is not certain we will save it
There are now two tendencies in public sf
fairs, both of which are fraught with danger.
One is to Capitalization of power in the gen.
eral government; the other, an absorption by
the Legislative department OF many of the
powers and prerogatives Of the executive and
the judiciary.
The safety of free government is in keep
ing the power near the people. This was
well understood by the ssatesmsn who formed
the original thirteen states and united them
and their people in one federal government.
They gave to the general government only
such powers a. were necessary for the welfare
of the whole people o. the United States re-
serving all other powers to the states respect
lively, and to their people. And in framing
state constitutions and laws they placed as
much power was patib!e with the gen
eral welfare of the state in the government
of counties, townships and lesser munci-
palities. To guard still further against
abuse, or too great concentration of power
they distributed the functions of government
state and federal, IN separate bodies of mags-
tracy. The natural tendency of power is to
strengthen It's hands, and enlarge it's sphere
OF action ; and II the federal government alb
sorb great powers heretofore reserved to the
states, or II one department usurp important
functions OF the others, the structure of our
complex system will be radically changed,
and our free government will descend into
despotism.
The Legislative Is much the strongest Of the
departments-and the most aggressive, be
cause its members are responsible to no pow
eP but the will of the dominant party for acts
OF usurpation. 1t Is the only department
from the Entertainments of which any serious
danger to our institutions is to be apprehend-
ed. 1t has heretofore exercised more inhu-
encethan is compatible with safety and entire
freedom over both the executive and the ju-
dietary. 1t has sometimes impressed per-
nlclous influence upon judicial action, and
where it has failed to accomplish that in ad-
vance OF Judgements, has su subsequently, over
ruled and snnulied them. And, without at
all lmpugning the motives of legislators, ]
may venture to say that if the powers OF con-
phatc provisions of the constitution, they
would greatly abridge, if they did not alto
gether annihilate the power of appointment
and removal from office, now coniided to the
executive, and the sslutary restraint which
he holds over Legislation through the veto
power. This is danger always present
when the executive and the legislative de-
partments are N antagonism, and it is certain
IN times OF high party excitement to mani
lest Itself, no matter what party may be in
power. Safety is to be found only in holding
each department firmly and closely within
it's orbit
Ii toe proposed amendments of the consti-
tuition be adopted new end enormous
powers Will be claimed and exercised by con
gress as warranted by such amendments and
the whole structure of our government will
perhaps gradually, but yet surely, be revolu-
tlonlzsd. And 30 with she Judiciary if the
proposed amendments be adopted, they may,
ana certainly VIII, be used substantially to
snnlhilate the state judiciaries.
The first section of the pronosed a,t;oIa
contains, among others, the following proyis |
ion:
"Nor shall any state deprive any person of
life, liberty, Or property without due process
of law"
Why insert such provision in the federal
constitution It already contains the follow
ing mo person shall be deprived of life |
liberty or property, without due process of
law" This is ideAtically the same, except
that it is restraint upon the powers of the
general government alone, and has no refer
enoe or application t. state governments.-
And most of the state constitutions, / believe
ell of them. contain similar provision, as q
limitation upon the powers of the states re.
spectively. a
Now, when, in the federal constitution. |
there is this guaranty against arbitrary and |
oppressive invasions Of the rights of the citi |
zen by federal authority, and SIMILAR guar
antse in the state constitutions against like. |
oppressive action by the state governments
whv insert in the federal constitution new |
provision which has no reference to the pow
ers of the general government, and imposes |
no restraints upon it, but is simply a repiti-
ton of Limitation upon the powers of state
srnments which Is already present in the
tate constitutions? The object and purpose
ne manifest. II is to subordinate the state
udiciaries, in all things, to federal supervis-
ON and contro-to totally anpihilate the in
lsuendence and sovereignty of state judiciar-
"a in the administration of state laws, .and