Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-03-20
THE RUTLAND HERALD
TUESDAY, MARCH 10, 1873.
CaIdwellss Case

questions that has agltateu tne PuoiiO
lind and occupied the attention OF the
senate il the case of Alexander Caldwell,
oloiroinr to be Senator from, and, at
resent representing the State of Kan
-. n the United States Senate. Prior
- his election to the Senate, he had been
resident of Kansas some ten years and
had been engaged in the transportation
If military supplies to the several posts
IN the plains, and was, afterwards large
IL interested in the building of railroads
md railroad bridges. He had never held
,nv political Office and had not, indeed,
taken any great interest in political af-
fairs. His acquaintance even, outside
# Leayenworth, the place of his resi-
jence, was very limited, and he was un-
known personally, or even by name, to
Int handful of the members of the
Kansas Legislature. He had, however,
acquired large wealth in his business,
and it was his desire to add the position,
dignity and influence Of a Senator of the
United States to his great fortune. Tie
became a candidate for that position,
md, as might have been expected, his
-0mpctitors We're numerous, while lis
supporters were few and far between.
Nothing daunted, however he keeps on
his course, determined to win One af-
ter another Of his opponents go down
before the power of his gold, and, at
last, he stands the sole candidate for the
august position. Money flows from his
Golfers as freely as the rain from the
surcharged cloud, and with each rivulet,
new supporters are brought into his
train. The flow of gold, silver and
zrcenbacks, accompanied by honied, yet
tainted peIsuasions and promises of Office
and patronage, is increasingly kept up,
until the whole body Of the free legisla-
tors of the sovereign State of Kansas are
corrupted and the preparations are COM
1lcte for the final act in the foul drama.
The ballot is taken and, as the result
thereof, Alexander Caldwell is declared
duly and legally elected United States
senator from Kansas for the term Of six
wears from the fourth OF March, 1871.
lie takes his seat, because his creden-
.ials are full, regular, and fair ON their
lace The mode, manner and means of
his election are brought to the attention
# the Senate, and the undisputed, I'M
1ontradictcd testimony, Of friends and
foes alike, show, in his election, if such
It may be called, the most reckless bribe-
.N the most open and shameless Corrup-
lion, and the most unblushing buying
and selling OF their own manhood and
honor Of their constituency, on the part
Ut Kansas legislators, ever recorded in
ihe history of this or any other country.
The only defense attempted or pretend
ed, on the question Of fact, is that set
up by Caldwell, that the acts were com
mitted by his friends and not by himself
individually. As If Caldweu's money
could he expended for his benefit, with
ont his actual knowledge and consent.
But we aPprehend that, the facts of
bribery being established, it would make
no difference with the legal result wheth-
sr he or some one else furnished the
hribe SO long rs he alone was to receive
the benefit OF such expenditure. These
being the facts substantially, although
summarized in the briefest and mildcst
possible manner, the question arose,
how should he be disposed of ? OF his
total unttness to hold a seat in the Sen
ate, there is or should be no question.
Neither should there be any question Of
The power or disposition of that body to
-ummarily dispose of the case and of
Caldwell Unfortunately for this par
ticular instance, although it is ordinarily
q wise provision, under the constitution
it requires a two-thirds vote to cxpel.
Anticipating the difficulty Of obtaining
this vote and subsequent developments
have proved the fears of the committee
to have been well founded following
the presidents established by the British
Parliament, the committee reported a
resolution, in substance and to the effect,
that Caldwell was not duly and legally
elected and that, therefore, his seat was
vacant The unftncss of the incumbent
being paipahle, the bribery by which
the seat was obtained being fragrant, and
the precedents seeming to be clear, legal
and unquestioued, it seemed hardly to
admit Of doubt that the necessary ma
ority would be easily obtained, aud one
Incubus on the honor, dignity and fair
tame OF the United States got lid Of.
No sooner, however, does the debate
open, than the pernicious doctrine of
State rights lifts one of her hydra heads,
IN Caldwell's defense, and it is to be
feared, although hope is not yet past,
that it, united with other elements, may
succeed in saving him the disgraced pos
session Of his purchased seat. The argu
ment coucisely stated is that the election
Of Senator by State Legislature, like
the enactment of an ordinary law by the
same body, is the act of sovereign
State, acting in its sovereign capacity,
and the motives of the members voting
cannot be inquired into for the purpose
Of invalidating 1t. Second, in judging
Of the qualifications of a Senator, the
Senate cannot add to those prescribed
by the constitution; in judging of the
returns, the legal requirements can only
be looked at and cannot be amplifled;
and in judging of the elections, the only
questions to be considered are, was it the
Legislature of the State that made the
election, was it held at the time, at the
place and in the manner prescribed by
the law of Congress, and did the person,
who bears credentials regular on their
race, receive majority of the votes.
In other words, the whole argument is
that the power of Congress to judge of
the return, election and qualifications of
its members Is all blind and sham.
IT,, i. Gsaao