Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-10-30
SECRETARY BROWNING ON THE
CONSTITUTIONAL AMENDMENT

SECRETARY BROWNING ON THE
CONSTITUTIONAL AMENDMENT.
The letter of the Hon o. II. Browning,
Secretary Of the Interior-than whom there
is, perhaps, no member of the Cabinet in
more intimate confidence with the President
is a paper of great ability; and, Of great
significance from the fact that it comes to
the country as the latest expression of the
opinion of the Chief Executive regarding
the proposed constitutional amendment. 1t
is an exhaustive argument against the pro-
position-attacking it in whole and in de-
tail, and establishes irrefulably the fact that
it contains principles, the engraftment of
which into our system Of government, would
certainly destroy its Federal character, and
tend to subvert the power and influence of
the people in directing and controlling the
government.
We published few days since, and be-
fore the paper itself had reached US by mail,
the comments of the leading New York
journals upon it, and we observe from the
latest exchanges received, that it is eliciting
general discussion. 1t is objected to by the
Radical press generally, by the more violent
in terms of objurgation and menace, and by
others, in unsuccessful attempts to refute its
cogent reasoning. The first will not affect
the Presidents course, and the latter, as
error always is, will prove harmless under
the light Of truth. In order to bring before
the reader the strong points Of Secretary
BRowN1NG's argument, we have concluded
not to publish it entire at one time, and
therefore append to-day only the portions
directly referring to the constitutional
amendment, and bespeak for it a studious
reading.
THE PROPOSED AMENDMENT.
If the proposed amendments of the Con-
stitution be adopted, new and enormous
power 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 re-
volutionized. And so with the Judiciary.
II the proposed amendments be adopted they
may and certainly will be used substantial
ly to annihilate the State Judiciaries. The
first section of the proposed article contains,
among others, the following provision: "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? 1t already contains
the following: "No person shall be deprived
of life, liberty or property without due pro-
cess of law" This is identically the same,
except that it is restraint upon the pow
ers Of the General Government alone, and
has no reference or application to State Gov
ernments. And most of the State constitu-
tons, l believe all of them, contain a SINH
lar provision as Limitation upon the pow
ers Of the States respectively.
THE STATES AND THE FEDERAL GOVERN
MEET.
Now when in the Federal Constitution
there is this guaranty against arbitrary and
oppressive invasions of the rights of the
citizens by Federal authority, and a similar
guaranty in the State Constitutions against
like oppressive action by the State
Governments, why insert in the Federal
Constitution a new provision, which has no
reference TO the powers Of the General Gov
ernment, and imposes no restraints upon,
but is simply a repetition Of a limitation up
on the powers of State Governments which
is already present in the State Constitution?
The object and purpose are manifest. 1t is
to subordinate the State judicials in all
things to Federal supervision and control; to
totally annihilate the independence and SOW
ereignty of State iudiciaries in the admins
tration of State laws, and the authority and
control of the States over matters of purely
domestic and local concern. If the State
iudiciaries are subOrdinated all the depart
ments of the State Governments will be
equally subordinated for all State laws, let
them relate to what department Of govern
ment they may, or to what domestic or local
interest, will be equally open TO criticism,
Interpretation and adjudication by the Fed
eral tribunals, whose judgments and DEGREES
will be supreme, and will override the deci-
sions Of the State courts and leave. them ut
terly powerleSS.
The Federal Judiciary has jurisdiction of
all questions arising under the Constitution
and laws ofthe United States, and by virtue
of this new provision, if adopted, every
matter of judicial investigation, civil or
however insignificant, may be
drawn into the vortex of the Federal Judi
ciary. In a controversy between two neigh
bors about the ownership of pig, the I'M
successful party may allege that the State
tribunals have deprived him of his property
without due process of law, and take the
case beiorethe Federal tribunals for revision.
So if a man may be indicted for larceny or
other crime, convicted and sentenced upon
allegation of deprivation of liberty with due
process of law, he may bring the case before
the Federal tribunals for revision and re-
versal So, too, if a murderer be arrested,
tried, convicted and sentenced TO be hung,
he may claim the protection of the new con-
stitutional provision, allege that State is
about to deprive him of his life without due
process Of law, and arrest all further pro-
ceedings until the Federal Government shall
have inquired whether a State has a right
to punish its own citizens for an infraction
Of its own laws, and have granted permits
SIGN to the State tribunals to proceed. I'm
der such system the liberties Of the people
could not long be maintained.
As already remarked, free government can
be preserved only by keeping the power near
the people, to be exercised through local
agencies. Under this new system State and
local authorities would not at once disap-
pear For some time they would contest
Jurisdiction with the Federal Government;
but the inevitable ard constantly increasing
tendency would be for the control of domes-
tic affairs, to steal away from the people the
States and local municipal bodies, and CEN
tralize and concentrate in the hands of the
Federal Government, and as party conflicts
and party victories alternated, the
power would be more and more inexorably
used by the dominant party to punish its en-
emies, reward its friends and strengthen and
its hold upon the power and pa
tronage of the Government. Be assured, if
this new provision be engrafted in the Con-
it will, in time, change the entire
structure and texture Of our Government
and sweep away all the guarantees of safety
devised and provided by our patriotic sireS Of
the revolution.
1t is impossible TO maintain our wise and
happy form of government without preserv-
ing the independence and sovereignty of the
States within their appropriate and consti-
tutional spheres. They are of primary and
vital importance. The States may exist and
perform all their functions without the Union
or the Federal Government. The Union
and the Federal Government cannot exist
without the States, and they must be States
Of equality in dignity, equal in rights,
equal in power, equal in the control, abso-
lutte and unconditional, OF all things per-
tanning to their internal and local policy and