New-York tribune., 1873-03-20
IFGISLATIVE PROCEEDINGS.
Y. s. SEEATE-SPECIAL SESSION.
WASHINGTON. Wednesday. March 10. 1871

n, WRrGHT (Rep., Ia.) moved that the SEN
a.. take up for consideration the resolution submitted
- h,m proposing that the previous question may be De
.nsed either by a majority vote, or in some modified
fern, sc. -, ,,o.
shSn 81 SsFRMAN dSep ohio hoped the resolution would
- taken mn aud referred to the Committee on Rules
ithont debate and let them examine the whole subject
Ap& ~ IBSYARD CDem. DELI and Mr.. CARPENTER GeP.
Wis were opposed 10 any proposition which undertook
10 limit debate against the lust discretion OF the Senate
MT CASSERLY (Dem., CALI opposed to that part
the resolution pToposing the previous question ne
or the previous question should be called IN ths
BODY the establishment of such rule would place u
IN tie power Of the majority destroy free discussion
and thus prevent the minority IRON Oeing hedru. ~
was however in favor OF establishing the rule proposed
Nth respect 10 the order OF considering business.
Mr THURMAN sald the moment the senate s%houio %
and influence OF the senate would begin to decline
There necessity for IT, TIE senate; nhe nc ]
could always transact the most business win the eWcst
Tules Tbe more Won trust to character reputation
and responsibility Of senators, 'no Hofo i''u"' '"0
Mr. WRIGHT said II he debate had satisfied him of
cd m 9s a" e 10 tTs aSeiRoh wa whether the Senate
Wsuld up the resolution and yet IN the lace OF e
merits of the resolution ITSELF which showed there ought
to he rule by which legislation should De restrained
ms WAS the first time resolution Of simple inquiry
s,,ed NEON its merits although report was not to be
made uuti session. When the report should come
TO- could be discussed, when he had doubt just
seeislon would be made.
Mn. STEWART Rep., New hoped the resolution would
no referred although he did not know whether the rules
sond be 80 amended 10 avoid the difficulty. 1t was
ebyions that Important measures could not always be
considered because single objection would carry them
public character could acted deliberately, that
iucl errors as making two appropriations in the same
Mr. ANTHONY Qiep. r.. H. was not in favor OF limit
ing but IN favor OF referring the resolution
20 The Committee on Rules.
Ta senate 6y a vote OF So against So refused to take
up and thus refer the resolution.
NR. CONRLING on THE CALDWELL CASE.
I'M. he
Senator Caldwell Rep., Kan)
MI CONKLING Q;cp., N " said they had been told
thst the stufing Of ballOtbOxes, the employment of
rancs Of repeaers alsying counts forging returns,
deang elections Legislatures and elsewhere with
biDeTy or other Ike appliances an thsSe must oe
stamped out if free institutions are TO be preserved
tbt Committee In this case had shown the Senate now
70 strike this detestable abuse, the blow ought
~ fail crush whom IL might more sinned against tIan
but the pary incident which preceded the blow; but
tbcy mus, Keep within the law. II they go beyond the
wrong II they transcend the law they become
the enemies OF order and public virtue They
They were perform great and solemn Judicial act
They steel their hearts against sympathies and
emotions side and be deaf TO sensation ana
oamur the other They were 10 hold with unieNeed
teginr nothing but the law and the evidence. They
T and they were sworn TO do this If the resolution
we're one OF expulsion. the question would be radically
different Tue appeal would be made 10 the great right
Inherent in every body, namely, the first law OF nature
characterization. Chief-Justce Shaw, in the
ease heretofore cited from l. Gray, SAID there
bodies 10 preserve protect aud purge themselves.
Rason told So and the Constitution told Us So and
here the test Tie majority OF the Committee had
net invited prompted Senators to proceed under the
constitutional power and inquire whether the at
resolution they interpret the power never
interpreted before, either IN the House OF Bcpresela-
Repabhc
possessed every qualification into when the senate nave
the power to examine. He was elected by the Kansas
aHd IN the manner It9uired by law. Every man Who
voted for him had the right 10 vote and at the time
and place, and in the manner IN which he voted.
Every did vote and voted inteligenty; Ihe votes
we're honestly counted ana legally returned Iet ah9 now,
asked 10 declare he never was elected at all,
plce aud that in law the seat has been vacant all the
time (CODklingl could not pronounce. His oath,
ashe understood it, forbade him doing Every time
the Senate transcribed the law in order that parteu-
NJ good might come they gilded with new light the
crimes are committed IN thy Dane.'
REMEDIES FOR BRIBERY NOT WANING.
MT Conkling argued length, quoting distinguished
authoncs in support Of his position IL the course OF
his remarks he asked audIng what had been said by
Senators had preceded him in debate whether there
was no remedy for brbeTyl Did not the storm sumber
somewhere with power burst upon those who would
buy seats in the Senate Should they tOld their arms,
and SIT quietly by while corruption staked highheaded
In the puDc waysi Remedies were not wanting First,
the state had power TO deal with and punish every actor
any member OF the Legislature who accepts
= bribe, but the cXpectaut Senator who sinks
80 low rs to oer IT. In the second place congress may
do the thing. The TWO Houses have power 10 en-
statute under which every man VINO oilers DIlDei
whether he succeed obtaining the Senatorship not
may punished; a statute which may also enact that
such person shall forever be disqualified from holding
lOOr though he be crowned by election pled
election, long the National Legislature shan
endure. In third place, the senate may expel the
facts bringing the WITHIN the jurisdiction vi the
senate Eich OF these remedies would remove the Of
Mr. FERRY rep, Conn., said CIr. Conkling yielding
the hOOr suppose the member elected was abroad aud
knew nothing the election but that parties IN his
sa believing him TO be best qualified tor the Senate, had
bnbed controlling majority and thus secured his cleo
Mr. CONKLING replied that IL was proper and
pregnant question. II tested IL sfed, the argument
when The senator spoke OF the eecuOh itseu, anu IN
CURED whether II valid or YOld the criterion was 10
be the pTiylty Of the member II the senate cOulu H.
qure into the election the ground or alleged bribery
IN the Legislature, 10 was matter or supreme mulneE
whether money paid by the member or whether
he departed the realm and rowing beyond the seas
II far distant Lands leaving some OyerzeaoQs or corrupt
friend 70 employ money for him. He could not una the
power 10 inquire into the motives VI members OF the
legislature.
Nj FERRY-Then you answer in the negative. There
l. no mode Of redress under the existing laws
Mr. CONKLING-f there be no statute IN the state
which punishes deals with the case, and the mem
Der elected has done nothing III consequence OF when
you lay hold him under the expulsion clause OF
TIE Constitution then within the limits OF my present
position there is no mode OF reaching such case.
MI CONkLlNG, during his suDsequent REMARKS, salu
The Senate could not hold that MI. Caldwell was not
elected and at the time maintain that they could
e1pel him. They could eXpel no one except ne DC
member and could be Senator unless ne was so
elected But for tire purpose OF expelIng INN, would
the Senate hold him up for awhile az Senator for the
purpose OF knocking him DOWN. ELMER Mr.. CaldWeu
MAS elected the senate have 90 power 10 eXpe MIN.
Mr. CONKLING, without concluding hls remarks gave
way at 40 p ~ for an executive SESSION. al tbe e1PHa-
I0n VI which the Senate adjourned
THE STATE IEGTcI ATTIRE