The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
THE POWER OF THE SENATE.
Necessity for Stemming the Tide of
Fraud and Corruption.
A SAD PICTURE PRESENTED.
ut Takes More to Make and Preserve Re.
public than the Mere Absence of O King"


This was painful subject, which he approached
with reluctance. In considering it neither per-
Sonal nor political bias had any influence; but the
case was to be treated purely on its merits. The
question before the Senate was question OF law,
question OF tact and a question OF public policy
as 10 the rigorous or lenient application OF the law
TO FACTS III the case In discussing the question Of
law, he said, let US suppose certain state OF TACT
fully established person takes his seat
regular credentials showing that all the FERNS OF
election prescribed by law have been fully COM
ton was effected by gross bribery; a clear case OF
purchase oil a seat The question arises, Has the
Senate any power to protect itselrY In the argu-
ment presented by Mr.. Caldwell 1t Is laid down as
principle that the Senate cannot unseat that
person, because 1t cannot go behind the regular
certificate of election. The Senate cannot eXpel
such person because the act Of bribery was CON-
mitted before he was Senator, and the lursdic-
Senate is absolutely without power the premises.
The Senate must sit still and quietly suffer one after
another OF these seats to be filed by men who have
BRIBERY, PURCHASE AND FRAUD
However outrageous the proceedings, we must
greet such political merchants as brother Senators
without question. We must suffer them TO exert
their influence upon the laws of the country no
legislative body OF the Republic; no matter what
becomes of the confidence OF the people in their
lawmakers and OF the respect for the laws; mat
ter what becomes or the very life representative
government and republican institutions. This IS
the argument submitted by Mr.. Caldwell. The
mere statement OF it's consequences Is sufficient to
prove that in the very nature OF things 1t cannot
be So that 1t cannot have been the Intention of
the trainers OF the constitution to leave the Senate
In SO helpless cOncitlOn. The mere SuppOsitlon
appears absurd on its face. In inquiring Into the
power Of the Senate will not discuss old English
precedents but conflne myself to the constitution
Of the United States. That constitution gives each
house absolute power to eXpe by N
each House Shall be the judge OF the election
turns and qualifications OF It's own members. One
thing has been overlooked in this debate with
gard to the meaning OF this clause. 1t applies TO
both houses exactly alike; its meaning for both
tended the difference would have been stated.
What does it mean, thenY Each House is made
SHase saseS the
returns" proceedings by which the cleo
turns. Qualifications may be complied with, re.
turns may be in perfect order on their face but
It not mean that the judgment Of each House shall
20 not only TO the FORMS but also to the OF
whether that which pretends to be an election is
an election in truth and reality ? If the word
THE CONSTITUTIONAL PROVISION
does not mean that it means nothing. Does any
body question that in the House of Representatives
provision applying to both houses alikeY The
House of Representatives has always exercised
power under this clause to Judge whether
majority OF. legal votes. Has it ever been
questioned that the House OF Representatives
ton illegal and void, II that election was found
controlled by bribery and fraud9 1t is an old legal
contract. who viii deny that fraud vtiates. also.
the relations between constituency and Represent
ative1an electionF Now, ii each House is consttu-
turns but OF the essence OF elections, must
II mot have \, ., the power to Judge whether an
sentatives has always acted upon that principle by
virtue OF the verypOwer conferred by the consttu-
ton upon 1t and the Senate exactly alike. Why
not the senator 1t is objected that the position Of
Senator Is dlnerent that Senator represents
state; that the election of Senator by State
Legislature, according to law. is the conclusive act
Of State sovereign in IT'S sphere and If duly GER
titled cannot be subsequently questioned.
THE POWER OF THE SENATE.
The Senate, by annulling an election carried by
fraud or bribery only does, by virtue of Its consti
no power TO do; and finally, in the new election
following, the State exercises its sovereign func-
ton by filling the place so vacated with whomsO-
ever II peases thus acting as the final arbter.
The exercise OF this power by the Senate, there
the rights Of the State. have thus endeavored to
show
First-That the power to act as the Judge OF the
election of Its members means the same thing for
both houses Of Congress.
Second-That 1t comes for both houses alike the
power to vacate seat nlled by an election carried
by fraud or bribery.
Ttiru-That by the exercise OF that power by
the Senate no constitutional right Of the States is
impaired.
am as firm an advocate and defender of consti-
buttons and state rights as anybody but main
tain that the constitution does not give State
ereign control OF Its Senators. True, the constitu-
ton provides that Senators shall be elected by the
Legislatures OF the States. In so far Senator'S may
be regarded as rcpresen tatives OF their respective
States. But the constitution does not regard the
OF discretion with State. 1t does not
permit State to appoint Senator as
T. pssss,s 1t gives Congress the power
electing Senators as well as Representatives. Con-
Rress has maize such laws, prescribing the time in
the session OF the Legislature &c. Why does the
constitution put the election or Senators thus
under the control OF Congress, Just that Rep
resentatves2 Because the constitution dses not
regard Senator as a mere diplomatic agent OF a
state OIL one sovereignty near another sovereignty,
appointed to take care OF the respective State
only and remaining under the control OF that state.
the constitution regards
THE SENATE AS A BRANCH OF THE LEGISLATIVE
DEPARTMENT
OF the general government, and Senator as being
appointed to take part IN legislation concerning
the interests OF all the states and ali the people,
and wien once elected as member of that leglsla-
tive department he Is, during his constitutional
term, entirely out OF the control OF his State.
The constitution, indeed, provides that the
number oil Senators for each state shall be
two, to preserve as much as possible to the
States an equality OF influence in the legislation OF
the common Union. 1t provides that Senators
shall be elected by the State Legislature. to secure,
branch Of the legislative department OF the general
government. But, in point Of fact, it Is certain
that the ,s election of Senator puts him in
ency IN which the election OF a Representative
puts him to his. Neither the senator nor the
sentaJlves anu the Senator'S equally out Of the
reach and control OF their respective constituent
cies. With regard to the Senator therefore, the
sovereignty Of the State becomes utterly nopera-
tive the fact Of his election is once ac-
cOmplshed 1t cannot be reconsidered by the
state And now when it is discovered that the
election oil a Senator has been accomplished by
fraud can the sovereign state undo It's actY Not
At all; not even IL the discovery he made be-
lore the Senator elect has taken ms oath. IL can
not set aside the election nor recall the senator. IL
can only memorable the Senate, setting Ierth the
knowledge for the Senator has passed under its
exclusive control. Thus, when the people OF
St2te nave been defraudcd by the purchase OF O.
senatorial election they are, with all their sover-
sighty, bound hand and loot; and not the state,
yues GUY tne senate can furnish the needed re-
nef Now, II the senate. by virtue OF ITS
consttuslenal power does declare fraudulent
siccuon invalid, does that constitute an encrOach-
nent upon the rights OF tie State In what should
snch encroachIoeDt consistY Not In this that the