Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1873-03-28
Corruption in a senatorial Election.
THE CALDWELL cAsE.-sPEEcH OF SENATOR
MORRILL,, OF VERMONT, ii THE U. s. SENATE,
MARCH IL 1872

/ AOhhilL- Vi fkhNONT- IN TIL u =. Small
MARCH IA, 1873.
Mr.. Morrill,, of Vermont.-Mr President
this Is case involving the largest amour
of alleged corruption of any in.the history o
senatorial elections. The payment of som'
part Of a considerable sum of money is open
ly confessed. 1t would be strange if such ;
case did not admit of just, legal and def
mite solution. The highest pleasure anC
duty of Senators will be to shield the limo
cent in spite of all clamor, and in spite o
all unsupported charges; and it will b
equally their solemn duty not to clear tn
guilty in spite of all personal friendship
and in spite of all party attachments.
regret that such task, through no fault o
ours, has been imposed upon the Senate
but, being imposed, it must be met
The party involved here seeks to avoid oul
| jurisdiction by setting forth the fact tina
be made the contract for the payment o
money when be was a private citizen anC
before his election. Pray, when would sucl
q contract or such bride be made? The
absurdity of making it after the election i,
sufficiently obvious. The money must be Sc
cured previous to the election or not at all.
itappears to me that this plea of lack Of
! jurisdiction on such grounds is too untena
bic to be worthy of further notice. Again
our jurisdiction is sought TO be avoided I'M
der the plausible argument of State rights,
or the plea that State legislature has the
right, if it 50 pleases, to be corrupted with
out let or hinderance, and that candidate
for the Senate, being a citizen and of proper
age, cannot 50 far disquaify himself by any
conduct, however disreputable, that the
certificate ofelectiOn, under the broad seal
of the State, will not secure and hold for
him seat as the peer of all the other Sena-
tors. Reasonable claims for State rights
are to be respected, but this is so clearly a
claim for State wrong that | cannot think
it should be COMPOUNDED with any idea of
State rights. In such case the State may
have been cruelty defrauded the investiga-
ton of the proper committee may subse-
quently prove it; and yet, without the req
uisite action on the part of the Senate, there
Is no power left to the State for redress.
The Senate must act as the guardian of the
rights Of the State.
There is only one point IN the case which |
care to consider. While there Is abundant
testimony tending to show that money was
expended profusely in the Kansas senatorial
election, by which, if true, the legislature
was largely debauched, and while | am in
clined to dispute the legitimacy and pro-
priety Of all such expenditures by candidates
as immoral and unrepublican, yet the fact
disclosed by a written contract, proven by
witnesses, and avOwed and defended by Mr.
Caldwell, by which he agreedIto pay and did
pay to Thomas Carney the sum of SIS 900 in
consideration that Carney should withdraw
from being a candidate against him in 1871,
Is the chief fact upon which feel it to be
my duty to make some comments. The
question i, viii the Senate suffer this record
to stand u precedent which may be safely
followed for all time TO come by such as
have the means and are not restrained by
other virtues, or shall it be promptly
stamped with the disapproyal Of the Senate
a. a corrupt bargain that makes the election
which follows one which should neither be
tolerated OF defended?
Technically, the payment Of the'large sum
Of money to which have referred may or
may not amount 20 the crime Of bribery, to
be punished under statute law. Yet to me
it wears the livery Of bribery, and can those
who think otherwise assign it to any ele-
ment of greater purity? 1t Is not, it is
true, the direct price paid per capita for
votes, but it was a lump sum paid to con-
tracing party for the same object, and cal
culated to be even more potential and sue
cessful in practice. II was to seduce and
capture by wholesalerather than detail The
winner OF the race need have little merit if
his competitors should all, one after another.
be held back by fifteen thousand dollar gifts
OF brides. Such brides can be made for no
other purpose than to purchase the good
will and influence of a party supposed to be
able and willing to transfer support equal in
value to the money received. The party who
accepted in this case such shameful gains,
Mr.. Carney, with a vulgar venality that
would be discreditable among jockeys at
horSe-race, perpetrated. with the direct aid
of Mr.. Caldwell, gross fraud upon those
members Of the legislature who were elected.
or who might reasonably be counted upon
As his supporters, OF over whom he had any
influence, and who were kept in
innocent ignorance of the way and manner
in which they had been bought and sold.
But it may be asked was this fifteen
thousand dollar payment a bride, or any
thing wrong, after all. | will not insult
the Senate by saying to Senators. . Put
yourself in his place and asking if any
one of You could do such a thing For
while none would ike TO do it. some might
still think ii not 80 very wrong for some
body else to do. definition Is of little
where the facts Of the case
furnish a definition. but let Us look for n
moment at the definition of the word
- bride; and one Is set forth 10 be. . to
peryert his judgment or corrupt his action
by some gift or promise" If the money
paid by Mr.. Caldwell was not TO pervert the |
Judgment Of Mr.. Carney, for what purpose |
was 1t paid? Before the money was paid, |
very clearly Mr.. Carney and his friends in |
The legislature considered Mr. Caldwell /
ess fit for the place of Senator than himself /
he may have been mistaken. and | think |
he was-but his Judgment was perverted, |
changed in the twinkling of an eve, and |
he fifteen thousand dollars not only wrought |
hat miracle with Carney, but with his
legislative friends and supporters. 1t is
1laIn that Mr.. Carney's judgment was per
'erted. a. well as that Of those over whom
ie welded any control. The action log
cally requlred.and expected at.his hands was
Orrupt. Ii was not that he should retire
IS candidate from any convictions of per
onal propriety or political rectitude, or
rom sense of honorable duty to the State
f Kansas, but that he should retire as the
purchased tool of Mr.. Caldwell tool
nth which to make tools of the legislature
{ Kansas.
hen an election has been made under
uch circumstances, it Is tainted at the
luntain, and the least, the very least, the
enate Of the United States can do. i to
i've the legislature of Kansas the power TO
eyise its action in view of the facts which
ave been uncovered, and which at the time
the election was as much unknown TO ,he
,gislature as TO the Senate
The Senate of the United States has often
cen claimed TO be the first deliberatiye body
! the world. but that claim could not long
: maintained after it shall have been
'certalned that il can most surely be
alsl 49, 81. u /
ost INSCRIPTIONS purse. Wealth honestly
,quired Is not a crime. nor a disqualified
on: it i often indicative of wisdom. in
gritty, and economy out wealth honestly !
,quired must not be permitted to be used .
r a dishonest purpose-must not be per-
lifted TO buy its way into the Senate d. ,
city or indirectly, or by bribing legisla-
We electors slngly or in squads ANY per-
N who gains an entrance into the Senate =
: the expenditure Of large sums Of money
buy oil opposition, not only inhicts an =
durable wound upon our form Of govern
ent. but he cannot avoid the suspicion, :
neither II he just or unjust, that personal ?
Will be sought at the very I
st opportunity. Using money 10 get office I,
absolutely no worse than using Office to h
t money. The party who does not shrink o
pm the first cannot logically be expected
shrink from the last. The discovery of
ch facts destroys the usefulness of Sena-
r. 1t IL impossible that it should be I
herwise. /
The Senate Of the United States makes its Of
n precedents and erects its own standard. "
is is its duty, and it cannot be shirked by 10
nping behind the screen of any foreign al
thority. The Senate has been consti- b,
ted the sole judge of the election, re- Ii
ms, and qualifications Of its members.
e are to judge Of elections, and may or
y not accept of what a legislature calls
election. \ Senator once admitted can
be removed by a State Legislature. Any
ongful act in the premises must be re.
'sSed by the Senate itself. or 90 unre-
,ssed and the Senate is clothed with
pie constitutional authority, not only to
dictate its own honor, hut to protect the
lor Of the State which may have been
0nged in any real or pretended election. an