New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-03-11
us. SENATE-SpEoIAL SESSION
THE CALDWELL CASE.
WARRINGTON, Monday, March 10. 1873.

ing the President and viee-President OF the United
States together with plan for the ofsan'sion OF
Herewith, and that the COMMITTEES have leave TO SIT
during the recess Of the Senate ADOPTED: tina,
witnesses to ordered by the SEN
ate shall be paid at the rate of each day they were In
attendance and five cents mile each way Tor the us-
tanoe actually travelled but mileage shall be paid TO
summoned at the place OF trial The resolution
MI CHANDLER Qsep., Mich) presented petitions
asking for prohibory liquor LEGISLATION ana MT FEN
TONS wSeh H. HAaLS sS ms iSterpcsed
objected to the reception Of any petitions OF Legislative
The Senate at 1910 D. M. went into Executive Session
When the doors were again opened the SENATE pro,
by the Committee on Privileges and Elections, tna nat
Alexander Caldwell Rep,, kanl was not duiy anu
legally elected TO seat In the Senate by the Kansas
At the request of Mr. MORTON the report In the case
was read
MR. MoRToN's SPEECH.
Mr.. MORTON reoited the points OF MI Caldwelrs de-
fense that his bargain with Gov. Carney was not Illegal
that buying members vote for Senator Is not against
any law OF the United States; that the right 70 inquire il
not for the but the STATE and that the Senate
no power expe a member for anything done peiofo
his admission II the circumstances of the election oil
,t members cannot be inquired into by Senate they
cannot be inquired anywhere. The State may In
yestisate charges but only for the information Of tee
Senate, as was done here. - 49, -''~
TaE RQwkR OF THE SENATE.
By the Consultation tho Senate may inquire:
Fret In regard to his qualification, whether the mem
Der was 80 years old he had been nine citizen
% the UNITED States and was sR tnhaeltant z. the STATE
Second Whether the returns Of the election ale IN due
FORM and show an election by tho lawful Legislature OIL
Third: whether the election was conducted according
law and free attended by circumstances that
would make 1t nvadsuch as by fraud or intimidation
The Senate has no power inquire whether individual
members the Legislature have been lawfully elected
because each House of the Legislature Is invested with
like power Judge OF the election and qualifications OF
its own members The power Of the State Legislature
is exhausted wnen it has elected Senator and 1t has
no right OF the same OF subsequent session TO
amend its action, from any cause and hold new elec
an election OF Senator and bold new one.
membership OF the Senate would not be under
and the Senate would not the judge Of the election OF
its members and IL there be no power either IN tbe
Senate in the state Legislature to inquire Whether
election has been procured through bribery o. fraud
then the evil would be iremedlaDe however gross an
wicked the and II such be the position OF the
senate it s perhaps the only legislative body In the
civilized world IN such helpless condition. Mr. Nor
Carneys withdrawal and support for $1,000 The ground
upon which bribery and Intimidation invadste an cleo
then cited the treatise Of Rogers and Cushing elec
lions corrupting the Will OF the electors brpely
and a violation Of the statute and common
law and when proved In one instance only,
election will BIO absolutely void. Whatever mpars the
freedom OF elections is Illegal and against pubic pocy,
and Lo afs ss onT SPacoes that impair the freedom q
election. They only instances, perhaps the most
heretofore. but may not DC hereafter Laefe y
no difference in principle between buying votes ana
buying influence TO employ persuasI9n anu aIRue t
to secure is legitimate but buying on opposing
candidates much further THIS Is not only the Pur
chase of influence but of that power Thlch man mas
his particular friends spr1gng rom ana
power political leader has over MS rlends ana Ioiiow
who have been for years aeyoeS 70 HIS pHsoai
and attachments and when he Is forced on
stage howIblttery they toward those VINO have
the support Of another who is represented as MS friend
BUYING OFF CANDIDATES.
IT matter of frequent that the result Of
Senatorial and elections is determined by the
withdrawal of q candidate and the casting OF his nfu-
friends sufficient election. This is Of more
frequent occurrence than bribery. ana gen
orally far more effective. It is also far
c vssr part. has
one man 70 e aea worn anu
some character and equally Interested III keeping the
ess than the bribery Of individual voters il
involves turptude The yender OF his friends
those sentiments Of attachment and devotion to him
" hich are honorable TO human nature ana serve
sordd sesnness and AMBITION and the
knows obtained votes under false pretenses and
m ne sas pS Se prce to e although the
money has been paid to another Such transaction is
as m Snd Se e. sea ny
obtained for lucrative consideration paid to another
a candidate, it was equally legitimate to buy
fold to himself by which he would exert quasi
con upon members OF the Legislature to vote for
broadost sense undue influence over susges exerted
for lucrative consideration, and none the less so be-
the character OF the transaction 1t is bribery the
Wholesale rather than retail for the bride Is paid to
voters car all probability control their action. This
sort OF undue influence was recognized in England
being extensive and dangerous to the free
dom Of elections than the purchase OF Individual votes
l quote Shepherd on elections: A..
Of M NOR. II which S n.
.I WAS or .paS,
during The cOnHunes Of the sitting member thu, Pu
tufnos To piess practices Gofse Ill, chapter
y So %
This is but another definition Of RraetiSss, which i'm
ton upon the principle bribery TO the indivd
us voters. The principles OF the common law are ap-
pcabe all civil matters touching the validity Of cleo
lions the tenure OF Office, and 1t s welestablished
principle OF the common law that whatever I'M
pairs the freedom OF elections Is illegal, against
public policy and win make the election VOID Particu-
lar which this is done, such as bribery and In
nearly all the States and ia England the further form
purchasing the influence Of persons who are not cand
ment but the absence Of statute Furnishing these
veral practices inpaing the freedom Of elections in
no wise affects the operation OF the general principle
touching the validity Of elections.
MR.. CALDwELEs TRANSACTION THE MOST DANGEROUS
KIND OF BRIBERY.
has been held in England this country that
the effect bribery in making election void depended
upon the existence OF a statute Furnishing 1t oense
On the contrary stated by Shepherd, 1t invaidaes
On election by the operation OF the ancient laws Of Par
Lament. But If the transaction I considering was
not technically bribery, yet that Is immateria. for
IL is undue influence even more dangerous to the
al elections than purchase OF tndiyid-
votes. aud partakes of the same general nature
for it is begotten by corrupt money consideration In
England bribery held to nvadate the election OF
q member OF Parliament long before there was any
statute Furnishing bribery, upon the general principle
irndf he NJ