Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-03-10
EXECUTIVE SESSION or THE SENATE
MONDAY, March 10.
Mr.. Morton o.ered the following:


Rssoluea. Tat the committee projections and
privileges be direeted to prepare and report at
the next session, the best practical method OF
electing the President and Vice President OF
the United States, together with plan for the
organization of a tribunal TO determine all con-
tested Que stiens connected herewith, and that
the committee have leave 10 sit daring the re-
cess OF the Senate. Adopted.
Mr.. Morrill, (Naine) offered n resolution that
witnesses summoned TO attend investigations
ordered by the Senate shall be paid at the rate
OF 81 for each day they were In attendance, and
cents per mile, each way, for the distance ac-
tuallv Travelled, hut no mileage sl.aiI be raid 10
a witness summoned at TIE place of trial.
The resolution was laid over.
MI: Chandler presented petitions asking for
prohibitory liquor legislation, and Mr.. Fenton
proposed to present other petitions, when Mr..
Samlim interposed and objected 10 the recep-
ton of any petitions Of a legislative nature.
The Senate, at ten minutes past u, went into
executive session.
At twenty minutes to one the doors were re-
opened.
Mr.. Morton then called up the resolution de-
claring that Alexander Caldwell was not duly
and legally elected to a seat i'm the Senate by
the legislature of Kansas
MIR. Morton then called for the reading OF the
report made in the case OF Caldwell by the com
mittee on privileges and elections at the last
session.
Mr.. Morton then briefly summed up the posi-
ton Of defense assumed by Mr.. Caldwell. Mr..
Mr.. Caldwell had secured his election by the
use of money were fully sustained and he main
tanned that judgment on Cadwells conduct
properly came within the jurisdiction of the
senate. quoting from precedents to sustain this
jurisdiction, which is denied by Mr.. Caldwell
and his counsel. He dwelt at some length on
the arrangement made between Mr.: Caldwell
and eN-Governer Carney, by which the latter,
for q certain sum paid TO him, agreed 10 retire
from the senatorial contest in Caldwall's favor
He quoted from various English authorities
that the effect Of proof of bribery in election
was to yacate the seat of the member guilty of
such bribery, and to absolutely inyalidate the
election. To employ persuasion to influence
votes is legitimate, but to buy of opposing can
,iidates is bribery. II II was legitimate for Mr..
Caldwell to buy of Mr.. Carney, it was equally
legitimate fo him to buy of all the other OPP
posing cand iates, and thus exert quasi kind
of coercion Q eI the membersof the legislature,
as they woult. have no other candidate 20 give
their suffrages to. II was exercising an undue
infiuence-it was bribery by the wholesale.
IL was undue influence, even more dangerous
of individual votes. A corrupt bargain with an
opposing candidate must be held a. culpable as
If punishable by the common law, and las been
so held by the English authorities. The doc
trine that the bribery of a single vote inv ALI
dates an election, although the candidate may
have had large majority, is necessary TO pre-
serve the freedom Of An election. The man who
purchases one vote shows himself ready to pur-
chase all votes, and his corrupting influence is
only limited by his means aud ne
cessities. The position assumed by Mr..
Caldwell that the Senate can only expel
a member for acts after he has been al mitte.i
has no force. It has been argued that III the
legislature of Kansas should chose to send no.
tOriOus criminal 10 the Senate, that was the
business of the state, and not Of the Senate. lie
(Mr. nj. dissented in toto frem this doctrine. He
held that the Senate had right to protect itself
from association with improper persons. Ii the
power of protection; member NAV be physical
ly, morally, or mentally unit The right TO evpel
or commit has been uniformly admitted in Par
lament.