The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-25
JUDGE Il. w. BROWN.
His Argument in support OF Con. chal.
msr's Bin.

JUDGE 7. w. BROWN.
His Argument in support OF Con. Chal-
mor's Biz.
An APPEAL reporter learning that Judge
r. w. Brown held opinions different from
General Chalmers on the subject OF Fed
oral interference with elections in the
Southern States, met that gentleman yes
torday and asked him to give his views
concerning the matter. In reply TO the
question Judge Brown gave the following
answer:
~ have carefully read every article in
The ArPEAL ami every communication
touching the subject referred 10, have also
read tho COmnac.l' Gd;e'e anl the
voluminous correspondence in It's columns
invoked by Mr.. llal,tcld touching the
same matter. Indeed, how 20 deal with
the coniesscdly unfair elections in certain
oi the late Confederate States has been for
several years a perp,cXng theme OF study
with me. Two years ago Gen. Chalmers
invited me into conference about it, aud n
bill was then prepared by him. which,
however, came Ia nothing. have care.
fully considered hi. recent bill to which
hc has invited public attention. Thus,
YOU see, You have not caught mo nj ran
dom, rs you reporters 80 love 10 do with
us poor morlals.
"Now, MS 10 any views, YOU viii observe
that in the North the discussion turns
exclusively on question OF policy, while
in the South tn 'Old Adam vi States
rights minglcs. in the debate Has the
Federal Government the right. under any
conditions, TO hohl the elections ior Rep
resentatives In the Congress OF the United
/ States? The rlght plainly exists, la my
/ opinion. tl), The Constitution, Section .
Article /, provides that Representatives
shall be- Gibson by tho people OF the sew
cril States. Thus the constituencies choos.
ing the Lowor House Vi Congress, when
acting for that purpose, are necessarily
directly aud eNclu lycly the constituencies
ul the Federal Government The Federal
Government has ~ much right
~ the state Governments TO acI
/ directly on and with its own
constituencies. Hence, II there hat
been no other constitutional provision
than Section > OF Article !, Congressional
elections could only be held by Federal
agencies. hut Section Of same articl,
provides that the times, places aud man
/ ne ul holding elections for Rep
rcscnialivos, shall be- prescribed in cicl
STATE 10y the Legislature thereof. Thi,
| would have been % conclusive Limitation
| ON the right aud duty oi the General GOV
crnmcnt existing under the preceding see
ton >, 10 hold by us own agencies th,
elections for the Lower House Ui Congress
il there was no other provision touchin.
this natter
-. There l., however, In this very Sec
| ton I, Article l, q reservation OF power {,
make or alter such regulations. Thus
whenever the Fcdrml Government choose
20 resume the duty aud rights 10 conlro
the holding elections for me nbcm OF thl
Lower llous' OF Congress, Il can do so
This will only be- denied by those grass
| covered antiquilics Of the Democrats
party whose brains have been added b.
the political distractions Of Calhoun, n
were those OF the poor knight OF J..
Mancha by the legends OF Amads a,
Gaus. They are dcslmught doc
tranaircs, who, ike Don QuiNo.c
! would mistake tho bankers BASH
ir the Helmet OF Mambrisio.
However. u II quito different question r,
FAR ~ concerns United states Senators ant
members Of tho Electoral College IL i
clear that the poop. Ut the several State
a. 10 these are not tho constituencies uf thl
| Federal Government The constituencies
of the Federal Government In these Ia
stances are unmis,aaubiy the States, an,
not the people Thereof Hence | am un
able a. lnd the power In the Constitution
for control IN the election of these officers
Vet this Wow does not initiate against tn
investigation by the Federal Goyurnmcn
by appropriate Laws as 10 the truthiulncs
and legality Of thtsr Senatorial and Elcc
toml returns. The Federal Government
may protect both The senate aud the Elcc
toral College from fraudulent intrusion
This power can Ouly be exercised Judi
cially as In any cas- VI contested election
No right exists In lhc eases Of senators o
members Of the Electoral College 10 pro
vide In advance what evidences shall b
conclusive, and exclusive OF all other cvi
dcncc us 10 whore th1 tile OF the Office Is
Then comes the question Of policyin On
exercise Of the poHcu lind IN the fcd
Crl Constitution b. Interfere with the oil
methods our Federal system has beet
one Of development, ~ h historic wit
and peculiar 10 the Anglo.saXon race. !
is TIL, characteristic witch has made ih
race the founder and builder OF free go,
ornmcni safely Whenever force has b,c
used there Is always law behind H..
"rho Federal Government has AWAY
found law 20 pfJicc, itself against III
use or abuse Of Sla,D autonomy 10 resist q
cyade the execution Ut IT, luNB cousiitu
iional OF legislative The administration
OF jackson succcslul.y found q law
aud enforced il against qualification
oi Federal law by O State in lhc Union
Later fcdcmlsdmiui.mLuns found mean
to enforce the fugitive sa,' Ilss. nl,wilh
standing tho SnunsI ibrty b.l. ol coi
tain Norlhcr Siaics. ilaroln lound a ia,
against resistance 20 Federal law T.
States claiming to be- out ul the Unio
aud freed by sco'ss.on from fcdcri
obligation. so. IL mus, be aeccple