The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-07-16

the same time The father and son lived
together in the same house. The son testified
that he did not know where the father got the
money to pay the s. 1000: the father refused TO
state where he got his 81. 900, and said he did
not know where the son got the 81, 600. and If he
did he would not tell. The same member also
made other large payments OF money about the
same time Another. who had to borrow money
when ne went to Columbus, and changed sud.
denly from Pendleton to Payne, was shown, just
after the election, TO be- In possession OF some
money TO purchase property refurnish his
house, ETC. He was denounced by another mem
Der as having solo his vote lie turned exceed
ingly sick. made denial, and was taken away.
Two Others elected as aEti-monopolists, be-
came supporters Of Dir. Payne, and were
heard discussing together the amount OF
money each had received Another, who had
before been for another candidate. but voted for
MIR. Payne. received from Oliver b. Payne,
$500, whick he said was enough. Another,
who had been very earnest in support OF Pendle-
ton, visited the room OF Mr.. Payne's managers.
where the large sums of money alleged TO
have been seen, and immediately afterwards
voted for DIR. Payne
The report ereinserts the letter from Messrs
Butterworth and Little, supplemental to their
statement before the committee, which has al
ready been published in full
sIt is said that much of this is hearsay. and
that taken together it is insufficient to establish
case which will overcome the presumption
arising from the certificate of election. We are
not dealing with that question The Senate IS
to determine whether there is probable cause for
an inquiry Any man who lays claim to any
property real personal, may institute his
process at pleasure, and compel the courts to
hear and try the case. Even criminal ac-
cusation requires only the oath of the as-
cuser, who is justified, if he have probable
cause. 1t will not be questioned that in every
one of these cases there is abundant probable
cause which would justify complaint and com.
pei grand jury or magistrate to issue process
and make investigation Is the Senate to
deny to the people of great State, speaking
through their Legislature and their representa-
tive citizens, the only opportunity for a hearing
OF this momentous case which can exist under
the Constitution We have rot prejudiced the
case; nor do mean to prejudice it. We sin
cerely trust that the investigation which is asked
is as much to defend the honor of the sitting
member as that of the State. But we cannot
consent to be accomplices In denying justice to
either. We do not belieys the American people
will be satisfied that the Senate should refuse to
hear this case, either on the ground that some
tribunal has tried some other the
ground that it has already been decided, without
hearing or evidence, or on the ground that
a bride paid for vote in a legisla-
tive caucus is not understood by both
parties to include vote in the Legislature for
the candidate of that CAUCUS How can a ques-
ton of bribery ever DE raised, or ever be lnves-
tigated, If the arguments against this investiga
who BRIDE or the men who are bribed, will vol
unteer TO furnish evidence against themselves.
You do not expect that impartial and unimpeach-
able witnesses will testify to the transaction
From the nature of the case, the process of the
Senate must compel the persons who conducted
the canvass, and the persons who made the cleo
tion to appear and disclose what they know:
and, until that process issue. you must act upon
such information only as is enough to cause in
quiry in the ordinary affairs Of life The ques-
ic hath ic Ic
only whether il shall beinquired into. That has
never yet been done. 1t cannot be done
until the Senate issues its process. No
unwilling witness has ever yet been
compelled to testify no process has
gone out which could cross State lines. The
Senate is now to determine, as the law of the
present case and as the precedent for all future
cases. as to the great crime Of bribery, crime
which poisons the waters of republican liberty
in the fountain, that the circumstances which
here anpear are not enough to demand its at
tention. 1t will hardly be doubted that cases of
purchase of seats in the Senate will multiply
rapidly under the decision proposed by the
majority of the committee The first great pre-
cedent to constitute the rule under this branch
of law is to be this: Held by the Senate of the
United States, that a charge made by the Legis
latnre Of State aud by the committee of the
political party TO which the larger number OF its
citizens belong and by ten of its representa-
tives in Congress, that an election of Senator
was procured by bribery, does not de5erve
the attention of the Senate, and this
although it also appears that there is general
and widespread public belief in the truth of the
charge; that there sudden and unex-
pected, and unaccoun table change to the sitting
member from another candidate to whom ma
jority of the eleeting body had been previously
pledged; that large sums of money We're brought
to the place of election just before the choice oy
the managers of the canvass for the person
elected; that there is evidence tending to show
the bribery of several members and the aequisi-
ton by others, who so changed their support,
after such change affecting at least ten mem
bers of said Legislature; that a change by cor
rupt means of the votes of six persons would
have changed the result in legislative caucus,
aud thereby bound and committed the vote,
in the Legislature of eighty-two persons
who were large majority of such Iegis
lature; provided it also appear that one
branch Of a subsequent Legislature OF the same
State have, in investigating charges against four
of their members, incidentally inquired into
charges against other persons so far as they
could without compelling unwilling witnesses to
answer questions. and without following out
many clews which they did not follow because
they were convinced that they would lead only
to points at which further pursuit would become
necessary We recommend the adoption OF the
accompanying resolution:
Resolved, That the committee or privileges and
elections or of any subcommittee thereof be
thorzed to investigate the charges affecting the title
of the seat of the Hon Henry B. Payne and to send
for persons and papers administer oaths and employ
clerk and stenographer and to sit during the re-
of the Senate and that the expenses of the in
vestigaton be paid out of the contingent fund of the
Senate
THE OTHER REPORTS.
Finding of the Democrats, and of Senators