Wilmington daily gazette., 1873-03-26
From the N. Y World.
CALDWELL's RESIGNATION.

The long debate which has consumed so
much OF the Senate's time was brought to a
sudden close on Monday by the resignation of
pALRWELL. 3 resignation under such cir
eumStances can bear no other Interpretation
than q confession OF guilt. 1t Of course nut
Ap end to all further proceedings in the case.
There can be no question of expellIng man
who Is not Senator, nor any grou nd for in
quiry into the validity Of his election.
1t Is tObe regretted that this case has reach
ed such termination. A Senator who re-
signs to escape impending expulsion is like
murderer who escapes the galOWs by COM
mitting suicide just on the eve of the appOin-
ted eXe:HtiOn.
The reason why this is regretable is not
merely that this Gnlpfn escapes the IVnotninv
6f formal condemnation, but that his case
Involves sOme'unsettled questions which it is
important to have decided by the Senate ac-
lhg IN IFS judicial capacity The occasion was
fayotahle one for DECIDING those questions
fairly and setting sound precedent In the
prOtraCted debate on CALDwRLLs case the
dlSputants have not been divided bya party
line. Democrats and Republicans on one
aide were arrayed against Democrats and Re-
publicans on the other, separated by conflict
ing views as lawyers and not as politicians
CALDWELL Is indeed q Republican, but the
Republicans had no party interest 10 clearing
him, as the State from which he comes Is
certain to send a Republican successor. But
II was important for the Senate to protect its
own character and to settle the questions of
lay involved in this case.
Those questions are two: first. whether the
senate can declare a member not elected on
the ground that members OF the Legislature
were bribed; and, second, whether Senator
can be expelled for acts done before quality
ing and taking his seat. 1t is the first of these
questions that has been debated at such
lenRth. The drift Of sentiment was towards
its decision In the negative, and in that event
the other, but less difficult, would have imme-
diatelY come UP for argument. Unfortunate
n0precedent has been made respecting
either,
had decided (as 1t probably would had the
case prOceeded) that the election Ut Senator
cannot be adjudged invalid by reason Of bri-
berry, IL would have made correct decision.
The election Of the United States Senator is
an act Of the Legislature, and it seems to us
that the right point Of view in conducting this
inquiry would have been to examine what Is
the eject OF bribery on other acts OF Legis-
lAture. il strikes vs. that the whole question
which has been so Wearily debated, turns on
that one priY0t. IL proofs that money was
spent to procure the passage Of law do not
nullify that law, 1t would seem by parity OF
reasoning that money spent 70 procure the
election OF q Senator does not invalldate his
election. Now We suppose 1t to be q well
settled principal that law cannot be set aside
ON the ground that members OF the LegiSla-
ture were bgihed toVQte for 1t. Were 1t other.
wise, the TWEED charter, for example, could
not have stood for q day. How many railroad
acts, both In this and nelghbOrlng States, have
been passed by notorious bribery; but nc
person aRglieVed was ever advised by cOmpe
tent counsel to 20 into court and seek to have
such acts declared void on account Of the Drl-
berry. Bat II bribery during its passage does
not nullify law, why should Il nulllty Al
Gleetlon2 All the members elected TO Legs
lature are entitled TO vote on every question
which comes before their branch OF 1t, until
they are expelled. And after an act has pas
Sed It's validity In no degree depends on th'
motives OF the members who voted for IL
This Is universally acknowledged In respec
70 law, and no sound distinction can b
drawn which would exclude the election OF
Senator from the rule. The persons Offering
and receiving the brlbeS can be punished un
dePthe statutes Of the State, and II members
az the Iaglslature they can be expelled; bu
th0 acts q the Legislature In which they nay
participated viii nevertheless stand.
IfO1LDWELL had not resigned, the prOpei
proceeding against him would have been
voio Of expulsion. When the attempt TO SO
I'D hls Sleetl0n had broken down, As IL wa
likely do, expulsion would have been tried
with prospect Of combining . larger nun
baF Of votes In Its favor. We are sorry tina
the Senate hAs been PEecluded from Settinl
psOgsd0ut ca ether Of these questions.