National Republican. (Washington City (D.C.)) 1872-1888, 1873-03-18

The case Of Senator Caldwell, which has
already occupied scycia days Of the time Of
the Senate, grows In Interest as the debate
proceeds. In recommending resolution
that he was not duly and legally elected to a
scat In the Senate OF the United States by the
Legislature Of Kansas, the Committee ON
Privileges and Elections have encountered
obstacles which they did not carefully eN-
anime, although ordered by tho defence Of
Senator Caldwell. The Senate Ia not pre-
pared 10 usurp power to 30 behind the fact
Of au election by q duly constituted Lcglsla-
ture TO inquire into the motives Of the lcglsla-
tors. II ls now plainly seen that TO do ~ would
not only be 10 trample on the rights Of the
States, but also to imperil the rights Of indi-
v'dual Senators by rendering them subject to
tho capriCious will Of majority. Moreover,
II IL perceived that all the fundamental prln-
Ciples Of American law, and all the cOrstitu
tional doctrines Of our Government would be
violated by admitting that the acts Of Parlia-
mcnt for the regulation Of the British House
Of Commons apply to Congress, and even
to the Senate Of the United States. 1t
may be safely predicted, therefore, that the
committees recommendation will not be
sanctioned by the Senate.
Meanwhile there seems to be u possibility
that some Of tho Senators may fall into
another train Of thought Just Us dangerous
and Just Us subverslve Of the true principles
Of tho Constitution. Some very honorable
members Of the Senate arc impressed with the
idea that the Government Is becoming cor
rupt; that the public Interests require that
acts Of corruption, when discovered, shall be
COndlgnly punished that such case has
been established In the transaction between
Mr. Carney and Senator Caldwell, and that
tho remedy Is expulsion.
We think that In all the premises Of the
conclusion there Is much Of oxaggeration. II
the Senators come to the conviction that the
Senate must or can punish with expulsion
every Senator who, although duly elected by
a majority Of votes Of a duly constituted
Legislature, has presumed to rid himself of q
rival by money or by Jdror, trhich is The sam,
hing; and II Senators are In good faith in thl,
theory Of purgution, We imagine they will no
suffer for want Of subjects Of investigation
during the present and the next session Of tn,
Senate. But will the Senate ovcrturn all th,
settled Jurisprudence Of the country I,
cxpel Senator for an act before hi
election? VIII II do In this rsspec
what even the omnipotcnce Of parlia
mentary power does not permit to tn
British House Of Commons Win tn
Senate arbitrarily, aud simply because 1t ha
the physical power to do go, condemn a Sen
ator, and punish him for crime, without al
lowing him that common benefit which be
longs to all-trial by a jury Of his country
IL
evidence, Instead Of the mass Of hcarsay an
rumor which fills the pages Of the report q
the Committee on Privileges and Elections
We confidently trust there are wise an
thoughtful men enough in the Senate to say
Il from the enormous wrong involved In tn
idea Of oXpclling Senator Caldwell uHiricc
for an alleged unlawful act done before h
became u Senator.