Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-03-26
20 WEIR OF THE SENATE IN FRAUDU-
LENT ELECTIONS.

POWER OF THE SENATE IN FRAUDU-
LENT ELECTIONS.
The speech of Senator Morrill, OF this
State. on the resolution introduced in the
Senate by Mr.. Morton declaring Mr.. Cald-
well of Kansas not legally elected to o
seat in the United States Senate, dealt
with the question Of the power OF the Sen |
ate over fraudulent elections. He assumed
ut the outset that the election of Caldwell
was fraud, purchased with money, the
facts appearing in the report OF the COM
mite which Investigated the case being
ample proof of its enormity. The next
question then naturally and properly arts
ing was, whether the Senate has any RENE
dy. and it was to this that Mr.. Morrill, con-
fined his remarks.
The defence made by the advocates Of
Caldwell was that the Senate had no right
to 90 behind the certificate of election.
Even though it were admitted that bribe-
~ had been used, the election was certi-
fed under the broad seal of the State, it
was sovereign act, and the United States
Senate had no power to inquire into it.
The State had done all which the Consti-
tuition required and its acts could not be
questioned farther. ....-
=, Mr.. Morrill, in reply to this showed that
the Constitution does not stop by requir-
ing simply the election of Senators.
1t prescribes their qualifications, they must
be elected under the authority of Con-
gress in such manner as that body may
direct, and the Senate may Judge of the
elections, returns. and qualifications Of its
members. He claimed that in judging Of
an election the Senate may 60 behind the
returns and examine the facts. The cases
Of Gallatin and Shields were cited as pre-.
cedents. On this point no abstract can dc
Justice to Mr.. Morrills remarks, which
we quote in full.
It 10 conceded that you may inquire into
the fact of an election, but not the motives o
the electors, because the Constitution does
not say that. Mr.. President, there are twt
sorts Of Consultations in this country and al
ways have been. There 10 the written com
pact, ont Of which springs the Senate of tht
United States and the Government of thu
United States, limited in its capacity and au
thority. There 10 the unwritten constitution
Of the Amsricon people that lies back of it
out Of which the Constitution itself sprang,
and BY which we constantly interpret the tex
Of the written Constitution. 1t is the consti
tuition Of society; it 10 the constitution Of
- sx scS 4, II
compact Of history, on which society is built
up, and by which society interprets itself
inteFpfets oil legislative acts and constitu-
tons, Mr.. President, if there is nothing to
be found in the Constitution that you may in
quire into the motives, there is nothing found
in the Constitution that you may not, while
on the other hand everywhere, among all civ
ilixed people it 10 proclaimed that you may
inquire into the character of an election. You
may inquire whether an election has taken
place or not, and if you find that the elect
ers have been purchased, you have right tc
infer by the teachings of common sense ant
common morality, by the principles of the
common Law back of all constitutions, as vel
~ the practice of all civilized nations, tina
an elect on controlled by bribery or purchas,
Il not valid election. That is what it comes
to. It il in the nature of things. An election
20 be an election In law, must be free. Is il
free when it il purchased
1t has been said here in this chamber this
morning, that if man votes according to his
intent, If he puts in his ballot free, it 10 an
election, it il an election, although it was a
purchased vote. / deny it. 1t is an absurdi-
~. A man who votes on bride does not, in
Law, vote at al in the nature of things he 10
not An elector, but a vender. To be an elect
or and to carry vote he must be free man,
and it must be a free vote; it must be an un-
purchased and an unbribed vote, else he
ceases to be an elector; and, sir, search the
history of the earth and you will ind no in
stance where An election brought about by
fraud, when brought before the competen,
authority, has not been declared invalid.
Does anybody deny that? OF course not.
The only question is, whether this is the body
with the power to examine it and decide it.
This 10 all there is of it. Does anybody be-
lieve that there is an American community,
from town up through the cities, counties,
Slater, and up to this Senate, where bribery
at an election would not be held to vitiate it,,
and where 1t would not be declared to be void !?
OF course not Then here, and here alone,
in the Senate Of the United States, bribery
in elections is to take shelter and be safe. 1t
may be SO; but if it should be determined so,
alas for the Senate, and alas for the country !!
This is high ground, but the one it
seems to US upon which only the purity of
the Senate can be maintained. But allow
ing that the Senate may 60 behind the
seal of the State and inquire into the quail
i6cations of members, can it inquire in
regard TO bribery? On this point Senator
Morrill, says:
Now, sir, if we can inquire into those things
which are not patent on the face of the instru-
ment, shall it be said that when you come to
the question of ascertaining whether MAORI
ty voted you are estopped? That is the argu-
ment here-that you are estopped; and you
are estopped because of what? Because, if
you 60 one step back to inquire how a man
voted. you are in danger of looking into his
motives. Well, now, Mr.. President, do not
choose to speak on the question of motives at
all. 1t il not question of motive; it is sim
ply question Of fact. You inquire into the
faet-how did the man vote on that occasion ;