, 1873-03-23

/ A0S9%SA VI 4@Hs ~ GO q 94CoA4t1A VI AaCit I'LL
(3) as question of public policy. In regard tt
| tho law, he did not pause to go oyor th
ground of English prceedents, assuming til.
more independent and respectable posi-
ton that thcro is no higher Legislative
body in the world than tho Unitci
states Senate, and none other with .
better right to establish its own preceaonts
The law Of the case he conceived to be clearly
enunciatod in that clause of tile Constitution
which provides that "cach House shall bo the
judge Of the election, returns, and qualities
tiona Of its own members" Tho House OF Rep
re6cntatiTes has repeatedly acted under this con-
| etitutlonal provision and the language leaves no
doubt that the Senate has equal power in the
case OF its Own members. In answer to the
| point, urged by those who oppose tho resolution
| that the bribery occurred before the election
| actually occurred, Mr. schurz held that tho
fraud wns Of e nature to ritiato the contract
and that the constitutional provision clearly
gave the Senate authority to 80 back Of tho cleo
tion to ascertain the means by which it was
brought about, when it prescribed the preroga-
tive of Judging not only Of the returns and the
qualifications, but OF tho election itself. I. was
an anomalous position in which certain Senators
wsre found, insisting that the yacatins Of llr.
Caidwells scat was encroach,ncnt on State
Sovereignty, when tho eame gontlemcn had
openly advocated measures, the encroachment
Of which Was not even denied. Senators
ant ~F f1,o
Of their Stats Governments and become 4
part Of tho Federal Government. It is only
under tho constitutional clauso making eacl,
Houso the judge Of its own membership that
Senators are amonable to anycontrol The facts
Ill the Caldwell caeo have beon reviewed carefully
by Ar. Schurz, who finds that tile n,a1 was dis |
tiuguishel by only ono thing-an uncommon |
abundance Of money. His election waH managed |
by = horde OF political managers, vorsed i'll the |
law tricks OF the trade and familiar with tlo np-
pliances OF corruption. Back of him was huge
moneyed corporation, prepared to extend its
power with the employment OF ts funds. One
candidate Was bought of for $4,000; it became
known that there Was money in tho
election If one mans vote was
worth certain SUN, anothor's was
worth IS much The contagion spread, and,
n the words Of 3fr. schurz, tho frequency Of
the practice blunts the individual conscience,
and the Legislature Vas transformed into q
market whero votes are bought aud sold" Such
are the law and the facts of the Caldwell case.
The question Of public policy involved in
the Caldwell case is one that reaches beyond the
immediate action OF the Senate. It Affects the
morals OF the whole country. II it bo cstab-
hahed that scat in the Senate obtained by
purchase may not be vacated By majority vote,
then purchasers will become moro numerous.
The ginnt moneyed corporations, which already
own. Legislatures, will extend their power By ro-
tanning seats In the United States Senate. The
precedent would inaugu1ato policy whereby tho
Use Of money to control Senatorial elections
would no longer nced to be covered up, whereby
the acts of Congress would bo shaped in the
interests Of private individuals, and whereby
money would be taken out Of tho pockets OF the
people to be transferred to the pockets OF the
favored few. Mr. Schurz pointed to the Credit
Mobllier developments End tho comments
thereon to prove that the confidence of tho
American people WAS already shnken |
as to the integrity Of our public men.
The confessed inability OF unwillingness
of the United States Senate to rebuko tho use Of
money III the control of elections, aud to refuse
:he recognition Of m election procured,
Sould weaken public confidence still more, be-
sides encouraging the practices thus virtually
:ondoncd. In this way the character Of repre- :
sentative government is at stake. When it has !
:ome to be known that no penalty awaits the
purchase Of seat in the Senate; that it is only :
Necessary to get there by fair means or foul in !
rdar to hold the cent with the full privileges aud
lowers Of membership, it is useless to deny ,
hat the efforts to purchase will increase.
With tho increase Of these efforts, and the g
ecognition Of q common practice of buying aud | =
cling, the temptation will lose all the essence q
its warning, the yielding will be unaecompa- &
led by remorse, and the opprcsso:e of the reo- n
10 will buy themselves the power necessary to u
|e Caldwell case is thus clearly and eloquently r.
atod By Senator Schurz: =,
Sir, whatever personal disagreement .cha.eYc7 p2g- u
'an quzrre:a may divide us, upou t; 1t 1es=t, I'll
nercan Senators should be una1irsoua. For en- CT
aat you not to forget-arl who has read the
story Of the world With profit will or cen forget ~
At when, in Republic circums:ancea Ike this
q power OF corruption has grown greet, sud q
reatens to become overwhelming, AID Il move d.
INT OF the popular mind has Eprng to resist nnd II,
eek It, one Of two results will follow: either that