The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-24
TIE POLITICAL SITUATION.
LETTER FROM MIR. BROWNING

LETTER FROM MIR. BROWNING
OF the Powers of the seve-
raj Branches Of the GOvernment-Rep-
resentatiOn In the South, Etc.
WASHINGTON, D. c., October 23.-The follow
ing important letter from Hon. o. lH. Browning,
Secretary of the Interior, will appear in the
National InteUigencer tomorrow. II was writ
ten TO some of his former constituents, and on
being submitted to the President he fully ap-
proved It, and desired IL to be made public,
with the understanding that it fully represented
his present position:-
SECRETARY BRowNING's LETTER.
WASHINGTON, October I9.-To Colonel w. II.
Benneson and Major II. V. Sullivan, Quincy, Ill.
- Gentlemen:-It would give me great pleasure
to comply with your request, and visit Illinois
and meet my old friends and neighbors, and talk
to them face TO face upon the great questions
now before the country. But IL is not practi.
cable fol me to do so. My public duties forbid
it. Our Government is worth preserving. No
people we're ever blessed with one better worth
It, But it is not certain that we will save it,
There are now two tendencies in public affairs
both of which are fraught with danger. One Is
to a centralized power in the General Govern
ment; the other an absorption by the Leglsla-
tive Department OF many of the powers and pre-
negatives of the Executive and the Judiciary.
The safety of free Government is in keeping
the power near the people. This was well u1-
derstood by the statesmen who formed the
original thirteen States, and united them and
their people in one Federal Government They
gave to the Government only such powers as
were necessary for the welfare of the whole
people of the United States, reseIving all other
powers to the States respectively and to their
people, and in framing State Constitutions and
laws they placed as much power as was COM
patible with the general welfare of the State IN
The government of counties townships, and
lesser municipalities. To guard still further
against abuse, or too great concentration of
power they distributed the functions of Govern
ment, Stats,,and Federal, in separate bodies of
magistracy.
The natural tendency of po wer is to strengthen
its hands and enlarge Its sphere of action, and
il the Federal Government absorb great powers
heretofore reserved to the States, or If one
department usurps important functions OF the
will be radically changed, and our free Govern
ment will descend into despotism. The Legsla-
tive 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 for acts of usurpaton. 1t is
the only department from the encroachments 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
the judiciary.
1t has sometimes impressed pernicious in
fuence upon judicial action, and where it has
failed to accom- plish that, in advance of judg.
ments has subsequently, overruled and annulled
them. And without at all impugning the
motives OF leSISldUOTB, 4 NAV venture TO say
that if the present Congress were not restrained
by positive and emphatic provisions OF the Con-
stitution they would greatly abridge, If they
did not altogether her anls a9nihilsste, the Rowe OF
cOn6ded to the Executive, and the salutary
restraint which he holds lover legislation
through the veto, power This Is danger
always present when the Executive and the
Legislative departments are in antagonism, and
it is certain in times OF high party excitement
to manifest itselt no matter what party may be
sr GOfn ~ 10 tI he nd nTNlu in hnl
ing each department firmly and closely within
it's orbit.
If the proposed amendments of the Constitu-
ton be adopted, new and enormous power will
be claimed and exercised by Congress, as war
ranted by such amendments, and the whole
structure of our Government will perhaps
gradually but yet surely be revolutlonized. And
so with the Judiciary. If the proposed amend
ments be adopted, they may and certainly will
be used substantially to anuihilate the State
judiclares. The first section OF the proposed
article contains, among others, the folio wing
provision:-Nor shall any State deprive any
person of life, liberty, or property without due
process OF law Why insert such provision 10
the Federal Constitution? 1t already contains
the folio wing mo person shall he 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 General Gov
ernment alone, and has no reference or applca-
tion to State Governments. And most OF the
State Constitutions, 1 believe all of them, con-
tain similar provision as limitation upon the
powers of the States respectively. Now, when
in the Federal Constitution there is this guarl
tee against arbitrary and oppressive invasons
of the rights of the citizen by Federal authority,
and similar guarantee in the State Constitutions
against like oppressive action by the State Gov.
| ernments, why insert in the Federal Constitu-
ton new provision, which has no reference
TO the powers of the General Government, and
imposes no restraints upon It, but is simply a
repetition of limitation upon the powers Of
State Governments which is already present Ia
the State Constitutions? =? The object and pur-
| pose are manifest. II Is to subordinate the
State judiclaries in all things to Federal super
vision and control; TO totally annihilate the
independence and sovereignty of State Judi
carries in the administration of State
| laws, and the authority and control ol
mestic and local concern. If the State
judiciaries are subordinated, all the departments
of the State Governments will be equally
| subordinate1; for all the State laws, let them
relate to what department of Government they
may, or to what domestic or local interest, will
/ be equally open to criticism, interpretati on
and adjudication by the Federal tribunals
/ whose judgments and DEGREES will be supreme
aud will override the decisions OF the Stale
Courts and leave them utterly powerless.
The Federal judiciary has jurisdiction of all
/ questions arising under the Constitution ano
laws Of the United States, and by virtue OF this
new provision If adopted, every matter OF judi
cial investigation, civil or criminal, however
Insignificant, may be drawn into the vortex o
the Federal judiciary In a controversy between
two neiPhbors about the ownership OF pig
the unsuccessful party may allege that the
State tribunals haze deprived him of his pro
perty without due process of law, and take the
case before the Federal tribunals for revision
SO if man be indicted for larceny or Other
crime, convicted aud sentenced upon allegation
70 deprivation of liberty, with due process o.
law, we may bring the case before the Fedora
tribunals lor revision and reversal. so, too. If {
murderer be arrested, tried, convicted, and sen
fenced to be hung, he may claim the PROTECTOR