New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-24
CALDWELL's CHANCES.

WA0taiNNAbNs D1diCu So-4 no apOiOElstS LOT StD-
ator Caldwell find themselves placed in rather an
unpleasant position by the present form of the
amendments to Mr.. MOrton's original resolution
On Friday, Mr.. Ferry Of Connecticut offered an
amendment TO the original resolution for the pur-
pose Of bringing the vote on expulsion first. This
did not exactly suit Caldwells friends Messrs.
COnkling, Carpenter Stewart g. Co.. and so, led by
the irst-named Senator, they set to work to get
the resolution back as nearly as possible
into its original form. Mr. Conkling wrote the
new amendment but. like the monkey in the fable
who useo the cats paw to get the chestnuts out of
the fire. he always gets other Senator to intro
duoe his resolutions. II they become unpopular his
name is not associated with them; if they are popu-
lar he gets glory enough from his speeches in their
support. The cats paw this Mr.. Ferry of
Michigan, who copied the resolution Mr.. Conkling
gave it to him. and. yesterday morning moved it as
an amendment If the amendment is adopted the
resolution will now read:
Resolred That Alexander Caldwell he declared 10 have
been elected Senator Of the United States by the Leg
tature OF Kansas.
After this had been moved. some of CaldweHs
friends saw that Mr.. Conkling by the maladroit
wording Of his resolution had got them into bad
fix. One of the strongest arguments that has been
urged against Mr. MOrtOns g1nal proposition is that
the Senate has constitutional right to pass it,
matter what the facts may be. This position has
been taken by almost every speaker on that side Of
the question, including many Senators who will vote
for expulsion. and this opinion honestly held makes
il of great Importance to Caldwell that vote shall
be reached upon the original resolution first. But
the last amendment declaring Caldwell TO have been
elected has nothing doubtful about its legality, and
the vote upon it must be governed by the Senators
Judgment of the facts The Morton resolution would
get the support of those only who believe that Cald
wells election was legally void, and at the same
time have no doubts as 10 the constitutional power
of the Senate to pass il in that form. The last
amendment would stand on the question of fact
Alone and would probably receive several less votes
than would be recorded in the negative the
original propositions. When 10 was seen what
tangle the case was in, attempt was made to get
it out by inducing Mr. Ferry Of Connecticut 20 with
draw the first amendment. which would take Mr..
Conklings with it, but be would not do this and so
the matter now stands.
1t was reported to-day that Caldwell viii resign
either after q vote has been taken on Mr. Morton's
resolution or on Mr. Conkling's substitute. He
denies that he has concluded 10 do anything of the
kind but il is known that the Governor Of Kansas
Is here and that some Of Caldwells friends IN the
Senate. who do not desire TO 60 upon the record on
the question of expulsion, viii urge him 10 take
tins course. They say that nobody can doubt that
Mr. MortOn's resolution viii be defeated by an over
whelming majority but that the resolution Of expul-
sion viii get at least half the votes tot the Senate
while it may receive the required twO-thirds. If
majority should vote that Caldwell Is unit TO be a
Senator they say he could not decenty remain. and
he would then 20 out with the record against him
on the Journal of the Senate If he resigns before
the last vote taken the record will be In his favor
As far as the vote goes II is therefore quite proba-
bic that be viii take advantage Of that particular
state of affairs by resgning, and save himself and
his friends who have committed themselves 10 vote
against expulsion from further disgrace.
Senator Morton has the floor Tomorrow, but at the
reopest Of Mr. Caldwell has consented to give the
latter half an hour before he begins the closing
speech. Mr. Morton is ignorant "a TO what use MI.
Caldwell will make of the time. Mr.. Mortons
speech viii occupy about two hours and VIII be de-
voted 10 a more careful review OF the testimony
than has been previously made. HIS speech II Is
understood, will be the last OF the formal debate
How much debate may follow on the various amend
ments and questions relating TO them cannot OF
course be foretold. Mr. PomerOy said in street ear
a dsv OF two ago that he did not doubt that he
yyonld be elected by the present Legislature Cald-
well should be expelled.
The only formal speech made in the Senate on
Saturday was by Mr. Ferry OF CONNECTICUT, VINO
sustained che reputation he before enjoyed OF Deins
one of the clearest thinkers in the Senate. Like
many other good lawyers he does not believe IN the
doctrine on which Mr.. MortOn's resolution is
founded but had hesitation IN saving mat Cald-
well ought to be expelled. In opening his speech
he referred 70 the elaborate argument by MI. COnk-
1;o which occuped the time of the Senate for two
davs hut which in accordance with his custom he
has thus far withheld from publication speech
can be more intelgently revised after it has been
roDGed N. of that speech MI. Ferry said
o,sider the doctrines Of that speech so dangerous
n alcprted 70 subvert all political morality 80 calcu-
lated 10 subver the foundations OF republican govern
rept that although in my view Of the iacts may Oo
,bot irrelevant 20 discuss that argument neverthe-
less uropose 20 soy few words about H. Ihb oeha'o
from New-York arrives at the conclusion a. 'he rosuI'
: a., esesrcb and inquiry. that under our Constitution
in the election Of Senator of the united SoAes ~ INC
Ieo1slature Of a State, even though every uieniD -
that Legislature were bribed 20 cast MS vote lot INC
.,,ber r,turued 10 the Senate, yet that eecuoh py
soroe Of the Constitution of the UnlieH STATES anu
istipg law Is a valid election. and the ooua'e Vi ~"
Tr,,ad STATES Is incapable Of declaring u VOID
r Gerry enuucation Of proposition IKE that seems 10
me 70 indicate that somewhere IN ihe oourse Vi VIC -
e,t nv winch the Senator arrived al thAI fesui' ''
must be roonstrOus falaey; and oir' tnluA SOC ma
,u.cv do not know that l can make IL as oloS' 40
id wish 10 the mind OF Others, but III cOnhiaerhs 'o
-, of tbe Senator from Sew-York the ihilacy
a "a me 10 be plain as 10 DC oaSAiJ
,,anred out His argument suDS'ah'la"S
,hts. We as Judges of Elections are DouHG
- ian, and in that I agree with him The ludieiAi
,rin%pas Of the mother country and OF tn' country
have declared the rules Of law by which they win DC
hound in arriving at their decisions upon the walnut, -
~ enactment Of statute. and in prescribing INC 'l''
which bind them, they have deternineu 'na.
/ 90. ,ronounee a statute invalid though thdt S'"'" w
/ pr,cured by bribery; and the inference - ''D. =,
~, we parliamentary body gifted with the power o.
e,ps Judges Of elections By the Constitution are
! hv the same rule OF law which the ludcl"i -, -
/ :. -. hnro nn..Iled IN themseyo.. ana Lh.-- ~