The Portland daily press., 1873-03-11
EXTRA SESSION OF THE SENATE.
WASHINGTON, D. c., March 10,

SENAlE.
Mr.. Morton offered resolution that the
Committee on Elections be directed to examine
and report at the neat session of Congress the
best and most practicable method of electing
the President and Vice President of the United
States together with plan for the organization
of tribunal, to determine all contested ques-
lions connected Herewith, and that the com.
mittee have leave to sit during the recess OF
the Senate. Adopted
Mr. Morrill, of Maine, offered o resolution
that witnesses summoned to investigation Or
dered by the Senate shall be paid at the rate
of four dollars each day they were in attend
ance, and five cents per mile each way for the
distance actually travelled, but no mileage
shall be paid to witnesses summoned at the
place of trial. The resolution was laid over.
Mr.. Chandler presented petitions asking for
prohibitory liquor legislation and Mr.. FentOn
proposed to present other petitions when Mr.
Hamlin of Maine, interposed and objected to
the reception of any petitions of legislative
nature.
the doors were opened and the Senate proceed
ed to the consideration of the resolution report
ed by the Committee on Elections that Alexan-
der Caldwell was not duly elected to a seat in
the Senate by the Kansas Legislature.
At the request of Mr. Morton the report in
the case was read
Mr.. Morton after preliminary remarks, al
luded to the general denial of Caldwell that he
had bribed any member of the Kansas Legis-
lature to vote for him, and then proceeded to
argue that the charge that Caldwell was elect
ed by use of money was sustained by testimo-
ny. He quoted parliamentary law to show
that bribery is not only the Infringement of
parliamentary privilege, but when single
elector is prevented from exercising his right
by external violence the election is void with
out reference to the number of votes, This is
indispensable to freedom of elections The
man who would purchase one vote would pur-
chase ALL and his corrupt influence would be
limited only by his means of corruption. They
had right to protect themselves against crmi-
nal although the Legislature electing him might
differ on the subject. The power to expel
member was necessary to enable the House to
perform its high functions and was incidental
to the protection of the State. In further ar
cument Mr.. Morton said that this was the most
fragrant case Of bribery in English or Ameri-
can politics, and then examined the testimony
in the case to show that such was the fact and
that just before Caldwells election the talk of
corruption was as common and as free in
Topeka as the markets or weather.
Mr. Caldwell said he had prepared a state
ment which, his voice being affected by cold,
he desired should be read at the Secretary S
desk
The Secretary then read the statement which
was in the nature of legal argument. There
was no pretense that his credentials did not
speak the truth It was an absolute fact that
majority of the Kansas Legislature did vote
for him, while there was not proof of any re-
straining in the premises. The election of q
Senator is the act of State in its sovereign
capacity, with which the Senate cannot inter-
fere. Numerous precedents were quoted in
support of this proposition, the Constitution
makes the Senate the sole judge of the quail
fications, and returns of its own members, but
it must be governed by written care. MI
Caldwell insists that the Senate must be gov
erned by the law as it existed at the time OIL
the election. r.
Before the reading was completed, on Mr.
| Cameron's motion the Senate went into execu-
| tive session and soon after adjourned.