New-York tribune., 1873-03-13
WASHINGTON.
TIE CALDWELL CASE.

THE CALDWELL CASE.
DEVELOPED BY YESTERDAYS DEBATE
JPoINIss.,sD1CTrON OF THE SENATE - SENATOR
goco1Sis ACKNOWLEDGEMENTS or THE
LsocRATS-sENATOR MORTON'S RESOLUTION
IosISG FRIENDS.
'pf rEIRGRAPH TO THE TRIBUNK
,,...y,NGroN March l2.-As the Caldwell debate
"no. II becomes moro and more evident that
coA', ,,o-,ou snd the majority of the Committee on
o.,I,s,s and Elections made mistake IN report
"s.alution declaring SIR. Caldwells election to
is sson Illegal. instead of recommending expul-
~ ~ n indeed. they were not the victims of trick
-,-,,oai by some Of the minority Ofithe Committee
m haoouing Senators. The debate to-day disclosed
- things: First that many senators who believe
n, Caldwell guilty and would vote to expel him do
"a baieve that the Senate has right to go behind
h. certificate of election and examine the
-,s+yes that influenced members of the Legis-
1.ture in voting for him. They hold that
.te only questions the Senate can ask are
rbether the body choosing the Senator was the
ir Legislature Of the State and whether the legal
arms were complied with. II both of these dues-
ions are answered in the Affirmative then tue sen
stor who received a majority OF the votes was uuly
snd legally elected. no matter what may nave Deeh
tbe character of the motives that influenced mem-
b-rsin their votes. The United States Senate they
-. caDnot tryr the members of the Legislature and
,svew their action; there is no power in the Land
that can set aside that action; IL would De Just as
,roner 10 say that law passed by the Legislature
ard signed by the Governor could be declared VOID
baeause some of the members who voted for II were
-ibed 70 do So In either case these Senators say
e legislature can punish its members for receiving
brbes. and the Senate. without passing on the
vaidity of the election Of a Senator. may purify
;tself by expellng man who has obtained his cleo
tion by bribery
The other thing disclosed by the debate to-day
rss that some members Of tie Committee who are
now most strenuously opposing this resolution on
-s9unt Of its form. favored the presentation of II
bsf,re IL was reported TO the Senate. Mr.. Logan.
VINO Is understood TO have assisted IN the prepara-
con Of the majority report though he did not sign
= lab0red through long speech this afternoon-lt
oorld hardly be called an argument-in which
IA took up the principal witnesses against Mr..
Caldwell. one after the other, and attempted
IN throw discredit on their testimony He,
a. well ~ Mr. Carpenter in his speech yesterday,
insisted that no evidence which would not be ad-
-ntted 10 court of justice ought 10 have any weight
IN this case The faacy of this position lies in the
fact that from the nature Of the case there gen
srsIly but two witnesses 20 an act of bribery, the
man who offers or pays the bribe, and the one who
III %
al these crimes viii not hesitate TO forget all about
il when called TO the wirness-stand, OF else abso-
luteiy deny It.
That was exactly what they did in this case.
large sums of money We're drawn by Mr. Caldwell
and Lis friends. the disposition Of which they did
not satisfactorily explain. Witnesses swore that
they had been told by the persons who were sus-
ected of paying il to members OF the Legislature.
o. by the members who were reported TO have re-
oevod It, that the funds we're spent IN cOTTupting
members. When these persons were called. of
course they denied the reports and their denals are
taken by such men as MessFs Carpenter and Logan
u 10 q sufficient answer 70 a whole chain Of crcum-
stantial evidence. supported by admissions made by
the guilty persons themselves after the election
Of Topeka. Mr. Logan would not believe any witness
Who swOre against Mr. Caldwell. but he did believe
II Anderson and held him up model of truth.
Wien the fact is that the whole Committee. Mr..
Logan with the rest Of them favored putting into
-be report paragraph declaring it 20 be their belief
tH Anderson DeTjured himself from the beginning
% the end Of his testimony. When Mr.. Morton re-
minded Mr.. Logan of this and also that be had
agreed IN Committee that the resolution of the ma
jonty was proper one, Of course he had reply TO
make
Mr. stockton made an able speech. setting forth
fe views already explained in regard TO the power
Of the Senate to judge of the motives Of the mem-
bsfs Of the Legislature. and his opinions under
stood 20 be concured in by the majority Of the Dem
ocrsts. substitute for Mr.. Mortons resolution to
expel Mr.. Caldwell viii be offered. and viii prob
abr receive the support Of majority OF the Senate.
NJ Mortons resolution seems TO be losing friends.