The sun., 1873-03-11
THE SENATE ON BRIBERY.
NOW TILE NEW SENATE KEEPS THE
OLD sEN1TEts word.
Mr.. Morton Declaring CaIdwelpr Election
the Most FIagraut Case of Bribery In
English or American Politics.

EnRitsh or American fOitcs.
wAsHINeToN, March 1O.-Mr. Morton
CRep., Tnd.) offered q resolution that the Com
mittee on Privileges and Electlons be directed
TO examine aud report at the next session Of
Congress, the best and most practical method OF
electng the President and vice-Presdont OF
the United States, together with plan for the
organization OF tribunal to determine all con-
tested questions connected Herewith, and that
tho Committee have leave to st during tho re-
cess OF the Senate. Adopted.
Mr.. Morrill,, dep, MeD offered a resolution
that witnesses summoned to Investigations or
dcred by the Senate shall he paid at the rate Of
81 each day they were IN attendance, and . cents
per mile each way for the distance actually trav-
ollod, but no mileage shall be paid to n witness
summoned at the place. Of trial. The resolu-
The Senate, at R;io went into Executive ses-
sion.
THE CALDWELL CASE.
When tho doors were again opened, the Senate
Proceeded TO the consideration Of the resolution
reported by the Committee on Privileges aud
and legally elected to seat in the Senate by the
Kansas Legislature. At the request OF Mr..
Morton, the report In the case was road.
Mr.. Morton, after preliminary remarks, alluded
to the general denial of Mr.. Caldwell that he had
brbed any member Of the Kan as Legislature to
vote for him. and then proceeded To argue that
the charge that Mr.. Cildw ell was elected by the
use Of money sustained 10y the testimony.
bribery Ia not only the infrinp. nsnt u7 parlia-
mentary privilege, but when = single elector is
prevented from exercising has right by external
violence. the election IA void, without reference
to the number Of votes. This Is Indispensable
to the freedom Of elections. The man who
and his corrupt influence would be limited only
by his means Of corruption The Senate has a
right to protect itself against n criminal, al
though the Legislature elccung him might be
Indifferent on the subject. Ine power to expel
member was necessary to enahle the House TO
perform Its ligh functions, and was incidental
To the protection OF the state.
In further argument Mr.. Morton said that this
was the most hagrant case of bribery in English
or american politics, and they examined tho
fact and that Just before Caldwell's election the
talk Of corruption was common and free in
Topeka as the markets or the weather.
THE POWER TO ExPEL.
nj. Mr. h9rtom reeited INC points , 81 Mr: Ceid-
cy was not Illegal that buying members 10
vote for Senator Is not against any law Of the
for tho Senate, but the state, and that the
senate has no power 70 erpei member for
circumstances of its members election cannot
be inquired into by the Sci ate they cannot be
gate charges, but only for the Information Of
the Senate. "a was done here. By the COnstitu-
tion the Senate may inquire:
the member was thirty years old, II he had
been nine years a citizen Of tho United states,
and was an inhahitant Of the state.
Sccond-whether the returns Of the election
are in due form and show an election 10y the
lawful legislature OF the state, certified as re-
Thlrd.whether the election was conducted
according to law aud was free, or was attended
by circumstances that would make IL invalid
sdch as 10y fraud or intimidation. The senate
has no power to inquire whether individual
members OF the Legislature have been lawfully
elected. because each House OF the Legislature
T. invested with like power to Judge of the elec-
tiun and qualification of its own members. The
power ~ a State LEGISLATURE Is exhausted when
II has elected a senator and IL has no right at
the Same or at n subsequent session tn amend It's
uTF a. "a IA lnl "A fRkg al,apfi inn
II the state Legislature could afterwnrd annul
mn election Of senator and hold a new one, mem
bershp of the senate would not be under the
control of the senate. nut Of the several states,
aud the senate would not he the judge Of the
power either In the senate or In the state Lcgis-
lature 10 inquire whether an election has been
procured through bribery or fraud, then
THE Evil WOULD BE IRREMgDIABLE,
however gross and wicked the instance, and II
such hc the post ION Of tho senate II IA perhaps
the only iegs.ative BODY In the civilized world
rec,ed re- prS,se by 1 we NL Mpop % STe
Carncy's withdrawal and support for $500.
The ground upon which bribery and intimida-
sion invalidate an election is that they impair
the freedom ~ election. lie then cited the
treaties Of Rogers and Cushing on elections. cor
ruIting the viii of the electors. Bribery Ia de-
strucuve Of the freedom of election. and a viola
tion Of the statute and common law and when
proved in one Instance only and though a ma
jorty Of unhribed voters remain, the election
Will he absolutely void. Whatever impairs the
freedom OF elections IL Illegal aud against pub
datiOn and bribery are not the only practices
that impair the freedom OF election. They are
only Instances, perhaps the most common here
tntnre, but may not be hereafter There IL no
difference in principle between buying votes and
buvlng influence 70 employ persuasion and
argument To secure votes Is legitimate, but buy
ing of opposing candidates guos much further.
This IL not only the purchase Of influence, but
of that power which a man has over his pArticu-
lar friends, springing from personal and politi-
cal relations. We know from observation
WHAT POWER A POLITICAL LEADER HAS
over HE friends and followers, who have been
for years devoted 20 his political fortunes; ; how
thev enter into his rescntments and attach
mcnts, and when he Is forced on the stage how
bitterly they feel toward those who have forced
him Oh. and how naturally they 90 with him to
the support OF another who is represented as his
that the result of Senatorial aud other elections
is determined by the withdrawal Of a candidate
other, thus transferring a body OF friends sum
cirnt 10 secure an election. This s OF more
frequent occurrence than bribery, and generally
far more effective. IL II lso far less trouble
some and dangerous than the bribery Of indi-
udual voters. The purchasing party has but
man to have friends worth buying must he a
man Of some character and equally Interested
m ~ heep'nG the secret; W ME such an operation
bribery Of individual voters, IL also
INVOLVES MORE TURPITUDE.
The yender If his friends aud influence is bs-
traying ana making merchandise of those senti-
mcnts Of attachment and devotion IN him which
are honorable to human nature and ser, To ele-
seihshncss and ambition; and the purchaser
knows he has obtained votes under false pre-
tences and that he has bought them lust as
crectually Is though he had paid the price 10
them, although the purchase money has been
pad To anct cther. such a transaction Is within
the very definition Of bribery as given by the
law books. IL is an undue influence over suf-
frages obtained for a lucrative consideration
paid To another. As stated in the committees
report, u II were legitlmate for Mr.. Caldwell 10
buy % Mr. Carney as a candidate, IL was equally
legitimate To buy OF all the other candidates
and have the field TO himself, by which ne would
exert quasi coercion upon the members Of tho
Legislature to vote for him, having no other can
diddte 10 vote for. 1t Is
IN THE DRoADEsr SENSE UNDUE INFLUENCE
over sufrrages, exerted for lucrative consider
alton, and none the less so because the persons
upon whom eXertod were ignorant of the char
actcr of the transaction IL II bribery in the
wholesale rather than retail for the brihe Is paid
to man who, from his peculiar rclat ons to a
number OF voters can in all probability control
their action. This sort of undue influence was
recognized in England as being more extensive
and more dangerous to the freedom Of elections
than the purchase Of individual votes.
quote shepherd on elections: Besides the
practice OF purchasing individual votes,
thcre springs up a system OF corruption
lar more extensive, In which the commanding
influence In borough transferred either
for sum OF money paid down AZ once or, with
more accurate calculation of traffic for an an