New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-22


Mr.. SHERMAN rep, Ohio offered a resolu-
non. which vas referred 70 the Committee Printing,
pruvrin that two bound copies Of The Congressional
Record for this be furnished 10 each Senator
TIE CALDWELL CASE.
NJ GERRY Eep. Conn., offered an amendment 10 the
pending resolution. that instead Of declaring that
Alexander Caldwell not duly elected the resolution
should read:
Re- red r Alexander CaIdvtb be is hereby sTe,sa from
~ hsl.it of ilt ll.i-i Nisies
NJ FRELEGHUYsEN rep. Y j. rose 70 make a
few suggestions rather than an elaborate argument.
This was he sid. Of the most important and delicate
mat had come before the senate since be had
been member Of It. he considered the Senate the best
organized parliamentary body III the world but The
Previous Question should be adopted its power and ID
nnence would from that moment begin % wane. The
Senate however as he proceeded 70 show was the poor
sst judicial tribunal in the land, as here Senator
may be nut on trial without a formal present
meuf, jury. or toe examination OF witnesses.
Contrary 70 the usages IN courts 'ne 20 a.
not responsible for maintaining tAe malt! o me
Law; that belonged % the judicial power. II a man
charged with murder forgery or conspiracy Nere
called upon try these charges away from the YicluaRe
a formal presentment sndtwlth0ut Jury, u
would b. psruaton 10 assume judicial functions under
the that Constitution which gives the senate
TIE power Judge OF the election qnncauohs anu re-
turns of ne members. He maintained that the Senate
nav expe. member where the charge OF MS
udcay determined plain that 40 out OF 60 OF 30 out
u 20 may The Senator IN such case may De e1
PEELED ID order 70 the publication OF the body II was
The law Of Kansas which had been violated not the laws
Of TIT United states There was no DOUBT OF Jhe iset
that Mr. Caldwell paid Carney $1,000 but THIS was not
crime Congress and all the powers OF the nation
eould not make II crime, and because the OOhsutl9h
that post fGctO law shall be passed ana the
supreme Court had pronounced the test Oath uncOn-
tlODa He however, considered this act OF MI Caia-
Vel dsrepuabie oOgnected with the obtaining OF ms
Senatorial 0Ce but asO the election OF MI CaldBen'
the electors legal voters, voted freely ana under
ssndgy and therefore TIE election was valid and or
thai should not vote 70 declare That MI Cd"
vel was nos duly AMI legally elected.
Nj. ROWE rep, WIS., confined himself principally 70
the pOiut that the evidence was overwhelming that
taowe was duly ana legally elected ana theteiore ne
should vote Tor the resolution OF the Committee
The ease Of election IL determined by mere major
tty, but n deciding upon expulsion vote OF twO-thrds
kreguired Il they found the unit for Senator,
they could expel him. but IN dong TINS tnsy
Legislature. DE should be prepared 10 meet the
question OF expulsion when II rose and ne wanted 70
which he would shelter BE would have 20 srand
for himself whether the public welfare demanded the
expulsion Of the senator nom Kansas, or whether lie
should ue permitted 70 retain his seat
M. LOT N. MORRILL, sUsTAISs THE REPORT
Nr. MORRILL, Rep, Me- said among the things
which obvious the great fact not debated or
denied but conceded Oh all sides, deprecated condemned
and den0uncedIby all that IN Kansas IN 1871 the
eou o. the election Of Senator there were and
eseniIy al 4rge and that TIE legitimate consequences
welfare On tins faot hinge and the great funda
ueuts4 principles OF The Government II would 1--we
and not PERISH Ve must see that such things
are. not repeated in any Of the States. PROM
NE time Tie report OF the Committee
made the senate had been uuder the shadow Of great
political euOrnity. The Senator from Indiana (Nr Nor
Ioul hdu 20 characterized H. and u treated a hike
ihAhnei ~ senators On al SIDES Let 10 10 the
bOoI ea credit o. The Senate that nothing OF partisan
character hdQ been exhibited during tins debate II the
iscts we're not msstated la lie report Gf
tie 0onlHlltce' what took place IN kansas was
Grotcs4hc sarcasm on lie election Of a senator
dc would assume what the Committee re,rteI ratreIv
that the election IN Kansas controlled by me biiTy
al nfa eaAh0ase WIZ large sum O money. ia order
70 secure his support and that Of his fojievers ~
bribery d another cand tate; the bribery OF elet0rs
directly DY the pa4 neut Of money, and tne atlut IA
bride Other electors. Tho Of choosing Senators as
q sovereign and unqualified act u TIE staIes me
Of the State u tie act Of the State IA the Union under
the Constitution, and ~ not right Oifsds Of
the Constitution. state lad 30 right 10 senator
here except a. directed by the Constitution All
fhc limitations Of the power Of the States choose
Senators came also gudor Tie provisions Which make
snr House OF Congress not Only the judge OF the quail
nsatoEs and returns, but the election Of ia members
Ia .De Interpretation OF the Consultation fire.
geAy necessary 20 refer 20 the principles Of the
aaSL laN and the unwritten consultation OF society.
y Il 10 found tho eiec.On have been purchased