The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-03-11
sENATE...ExTRA SESSION.

WASHINGTON, D. O., March 10, 1873.
Mr., Morrill,, of Maine, offered the resO-
luton that the witnesses summoned Ia
investigate, by the Senate, TO be paid q
q day while In attendance, and five cents
a mile, each way, for the distance actual
" travelled. Laid over.
MIR. Chandler presented petitions OF pro
hibitory liquor legislation.
Mr.. Fenton proposed to present other
petitions, when Mr.. Hamlin objected to
The litigation Of any petition OF leglsla-
tive nature.
The Senate at ten minutes past Twelve,
went into an Executive session.
When the doors were again opened, the
Senate proceeded 10 the consideration Of
The resolution reported by the Committee
on Elections, that Alexander Caldwell
was not duly or legally elected to the Sen.
ate by the Kansas Legislature. At the
request Of Mr.. Morton the report Of the
case was read.
Mr.. Morton, alter some preliminary re.
marks, alluded 10 the general denial Of
Mr.. Caldwell that he had bribed any
member ofthe Kansas Legislature to vote
ior him, and then proceeded to argue that
the charge that Mr. Caldwell was elected
by the use Of money was sustained by
the testimony. Hequoted parliamentary
law 10 show that bribery Is not only an
infringement Of parliamentary privilege,
but when q single elector Is prevented
from exercising his right by external vio.
lence, the election Is void without refer
ence 10 the number ol votes. This Is In.
dispenssble TO the freedom OF elections
The man who would purchase one
vote would purchase all he could,
and his corrupt influence would be
limited only by his means Of corruption.
The Senate had q right TO protect itself
against criminal, although the Legisla-
tnre electing him might be Indifferent on
the subject. The power to expel mem
Der was necessary, 10 enable the House 10
perform Its high functions, and was in
cidental 10 the protection OF the State.
In further argument, Mr.. Morton said
this was the most fagrant case Of bribery
In English or American politics, and they
examined the testimony In the case TO
show that such was TACT, and that just
before Caldwelps election, talk Of cor
ruptiou was as common and free In To-
peka as the markets or weather.
Mr.. Caldwell said he had prepared 8
statement 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 ma
ture Of legal argument, There was no
pretence 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 no proof
that there was any restraint in the prem
ises. The election Of a Senator is an act
Of a State in It's sovereign capacity,
with which the o. s. Senate cannot
interfere. Numbers Of precedents are
quoted in support Of this proposition. The
Constitution makes the Senate the sole
Judge Of the qualifications and returns Of
It's own members, but 1t must be governed
by written law. Caldwell insists that the
Senate must be governed BY the law as 1t
existed at the time Of the election.
Before the reading was completed, on
motion of Mr.. Cameron, the Senate went
into executive session and soon afterwards
adjourned,