The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-02-18

and Caldwell further said if I found any
members that wanted a little money for
votes to send them to him, and Smith.
Caldwell also told him that there was
another class Of high toned gentlemen in
the Legislature that would not sell their
votes but wanted their expenses paid,
and If he met any OF them send them to
the House iorSmith. The Committee
say the testimony Of Mr.. Sprigg
shows the cauVsssof Caldwell was
thoroughly corrupt and that money
was the chief argument relied upon;
among other things Mr.. Anderson
told him that Mr.. Crocker was
paid $1,000 for his vote, but afterwards
backed out and gave the money TO Mr.
Carson to return, but the latter kept It for
his own services to Mr.. Caldwell. Mr..
Carney testified that Mr.. Caldwell told
him he paid Mr.. Bayard 81, 500 and James
F Legett ten thousand for vote, and
there Is much testimony showing that
'Caldwelrs friends during the canvass
admitted as having offered aud paid
money for votes In the same cases, speci.
flying the names that offers have been
made that were not accepted, and that
negotiations were on hand in other
cases. These men have denied before
the Committee all conversations and ad.
missions Of this character and all payment
OF money to members or offers to pay
them. Several members Of the Legtsla-
ture, who were implicated, expressly de.
MED that they received money, or that
offers were made TO them.
Caldwell offered testimony showing
that Carney had made threats to have
him ousted from the Senate; that An.
th0Dy was hostile to him, and that Burke
had law suit with him growing out OF
money furnished TO Burke about the time
OF the election, and to contradict several
statements OF Clarke. The most import
ant contradictions Of the testimony pro-
duced against Caldwell are made by the
agents Of Caldwell, who were themselves
implicated, or who were directly charged
with taking part in those corrupt prac.
tlCes, and there are some contradictions
made by witnesses, against whom there
is no cause for suspicion, but taking
the testimony altogether, the committee
cannot doubt that the money was paid to
some members Of the Legislature for
their votes, promised to others which was
not paid, and offered others who did not
accept. By Constitution each House
of Congress is made the judge Of election
returns and the qualifications Of its mem
hers. II person elected TO the Senate
has not the constitutional qualifications,
or II elections are invalid by reason oi
fraud or corruption, the jurisdiction to
examine and determine Is expressly vest
ed in the Senate. Another clause OF the
Constitution authorizes the Senate to ex-
pei member by two.thlrds vote. The
causes for which o Senator may be ex-
PEELED are not limited or defined, but rest
in the sound discretion ot the Senate. II
was discussed in the committee whether
the offences oil which they believe Csld-
well TO have been guilty should be pun
ished by expulsion or go to invalldate his
and majority are OF opinion
that they go to invalidate his election and
had the effect to make it void. Therefore
the committee recommend to tho Senate
the adoption Of the following resolution:
Rcsolud, That Alexander Caldwell
was not duly and legally elected 10 seat
in the Senate Of the United States by the
Legislature oI Kansas"
In conclusion, the committee remark
that while Caldwell did things to procure
his election which cannot be tolerated by
the Senate, they believe he was as much
sinned against as SHINING. He was q
novice in politics and evidently in the
hands of men who encouraged him in the
belief that Senatorial elections in Kansas
were carried by the use Of money.
BILLS SIGNED.
The President, to-day signed the act
making appropriations for current and
contingent expenses Of the Indian Depart
mont, and for the fulfllment of the treaty
ofstipulations with various Indian tribes,
for the year ending June so, 1874, and for
other purposes. The President also
signed the act iorbidding gift enterprises.
In this District, the President sent the
following nominations made by the Sen
ate to.dsy-William Mcpherson, for
Postmaster, Of Eflnghsm Illinois.
This afternoon Frelinghuysen announc.
ed that the Committee had resolved to
make investigation in public and TO allow
one counsel 10 appear on either side. b.
F. Simpson appeared as counsel for York
and Gushing said that he had proposed
to appear as counsel for Pomeroy but as
the Committee had decided to allow but
one counsel on either side, he deemed 1t
advisable to withdraw since Horton, the
United States Attorney Tor Kansas, was
perfectly familiar with the case and
that therefore he should only advise with
Pomeroy and Horton and take no active
part in the examination.
Senator York was the first witness
called, and repeated substantially the
testimony given by him at Topeka.
Mr.. Sharp was cross.examined by
Horton and failed TO shake the testimony
Of York.
Mr.. VIM. A. johnson was sworn, and
corroborated the statements Of York as to
the plot to defeat Pnmeroy, but knew
nothing personally Of the bribery except
what York told him.
Adjourned till tomorrow.
It Is learned that the loss Of $271 900,
from Phelps, Dodge & Co, to the Treas.
urey Department will be accepted upon
certain conditions, not yet ascertained.
Francis W. Sykes, Of Alabama, will this
week present creden tials to the Senate as
a Senator from that State, for the term
commencing on the fourth Of March, &C.
compauied by a memorial, setting forth
tho grounds tor his claim. he Is attended
by Counsel Sykes, who was elected BY
what is known as the Capital Legislature
The points TO be presented involve
the legality Of both bodies claiming to be
the Legislature Of the State.
The Presidents southern Tour.