Savannah morning news. [volume] (Savannah) 1868-1887, 1882-07-25
AM ImpOrtant Question settler.

An important question Settled.
1t has, ever since the war, been
mooted question in this country whether
or not Representative in Congress is
State or Federal officer. The Republi-
caus, true to their centralizing tenden-
cies, and their anxiety to absorb The Re
public into ''the Nation" have always
maintained that our Senators and Repre-
sentatives are Federal officials, and that
the time and date of their election, and
indeed all the rights and privileges per-
tanning to their positions, are mat;
tiers to be decided upon by
the Federal Legislature alone, and
with which the States have nothing what
ever to do. In short, it has all along
been assumed by the Republican party
that Congress is superior in every partic'
ular to the States, and that the latter have
no rights which the former is bound to
respect 1t was upon this theory that the
right of the government TO send United
States soldiers to supervise and con-
troll elections for members of Con
gress in the different States was in
sisted on until a Democratic Congress
stopped the practice by legislation. and
it is upon this pretext that United
States supervisors of elections at this day
claim the right to interfere with State
registrations and State Congressional
elections.
On the other hand, the Democrats
have always maintained that members of
Congress are essentially State officers;
that they are elected solely by citizens of
the State from which they hail; that
their special functions and duties are to
guard, first of all, the interests of their
States while legislating for the general
welfare, and that they are directly re-
sponsible 10 their constituents and fellow
citizens for their action. Upon this
theory the Democracy have contended
that elections for members of Congress
were distinctly affairs of the State, and
that, therefore. the interference with
such elections by Federal soldiers, Fede-
raj officials or Federal courts were arbi-
trary, unconstitutional and meddlesome
usurpations of authority.
The Democratic theory has received
Endorsement from a source which was
never anticipated-no less than from the
Republican Attorney General of the
United States, who has recently made
himself conspicuous in prosecuting cleo
ton managers in South Carolina. In
the issue raised between George William
Curtis, President of the Civil Service
Reform Association, and Jay Hubbell, the
champion political assessor of the age,
as 10 the legality of Hubbells calling
upon Congressman for contributions to
his corruption fund, that official de-
cides that HubbelIs conduct was not
illegal. He holds that a member of
Congress is not an officer of the United
States, and that, therefore, ga gift" from
him for campaign purposes does not fall
within the scope of the statute regula-
ting political assessments.
This opinion of our stalwart Attorney
General is in exact accordance with the
views of the Democratic party on the
subject of the status of a member of
Congress, and if it is sustained by our
stalwart Cabinet-as it doubtless will be
the Democrats should hold the Repub.
licans forever bound thereby. Hereafter
when a Radical Congress attempts
to authorize Federal interference with
Congressional elections in the various
States, or when Federal election super
visOrs obtrude themselves upon the man
ayers of registration or elections in such
States, or when Federal courts claim iu-
rIsdiction over managers of Congress
sional elections, let the Democrats quote
this opinion of Attorney General Brew
ster to show the uniustifability and lille
gality of any such course. HencefOrth
members of Congress must be recOg-
nized to be as thoroughly State
officials as our Governors and members
of State Legislatures, for the absurdity
of claiming that they are not Federal
officers when it comes to their being
assessed for campaign purposes, but that
they are Federal officers when interfer-
ence with their elections are concerned,
is too manifest to be considered Mr.
Brewster has unwittingly settled a very
important question, and though he has
rendered an opinion which stultiies
himself, it nevertheless sis an opinion
as is an opinion" and it must hereaf
ter be recognized by his party as official
and binding.