Year: 1873

WASHINGTON March l4.-iD the debate IN the Sen
ate to-day, On the Caldwell case, Nj. SchuTz spoke
substantially as follows:


This was painful subject, which he approached with
reluctance In considering it neither personal nor po
Heal bias had any influence, but the case was TO be
treated purely It's merits The question before the
senate was question Of law question of fact, and
question Of public policy the rigorous or lenient
application law facts in the In discussing
the question Of law. he said let US suppose certain
state of fully established person takes ms seat
bere elected by State Legislature presenting regular
credentials showing that all the forms Of election pre-
scribed by law have been fully complied with 1t is sub
sequentiy shown that his election effected by
bribery clear case OF purchase OF seat The question
arises Hss the Senate any power 70 protect itself
In the argument presented by Mr.. Caldwell II IS laid
down as principle that the Senate cannot uDseat that
person because II behind the regular cerh
cate Of election The senate cannot expel such person
because the act OF bribery committed before he was
asenator ana the Jurisdiction Of the Senate does lot
GATE back. Ergo the Senate is absolutely without
power IN the premises. The Senate must sit still and
quietly suffer after another Of these seats 20 be filled
By men who have acquired them by bribery, purchase
and fraud. However outrageous the proceedings. we
mnst greet such political merchants brother Senators
without question We must suffer them to exert their


Influence upon the laws Of the country, no matter what
becomes OF the honor Of the highest legislative body OF
the Republic matter what becomes Of the confidence
the people in their lawmakers and OF the respect for
the lave no matter what becomes OF the very life OF
representative government and republican institutions
ris is the argument submitted by Mr.. Caldwell. The
statement Of its consequences Is sufficient TO


prove in the very Of things II cannot be so
that cannot have the intention OF the trainers OF
The Constitution leave the Senate III so helpless con-
dOn The suppOsiton appears absurd on ITS face
rHR FOwER OF THE sEEATB UNDER THE CONSTITUTION.


In nqunng into the power Of the Senate Will not dis
hut
Constitution Of the United states. That Constitution
gives each House absolute power 70 expel by twotards
for bribery That Constitution provides that each
House shall the judge Of the election returns ana
qualifications Of its own members. One thing has been
overlooked tins debate with regard 70 the meaning OF
ols clause IL applies both Houses exactly alike its
meaning both Houses exactly the same. II II were
ROt intended he difference would have been stated
What mean then Each House is made judge Of
three different things: qualifications" stated IN
the Constitution returns" proceedings by which
NE election has been duly certified but also eiec-
aOns" kept distinct from qualifications and returns
Qualifications may ~ complied with returns may be IN
perfect order their face but still the election is
subject 70 Judgment Must II not that the jude-
nen Of each House shall not only 10 the FORMS but
also 70 the Of the election Has not each House
tOJudge whether thai which pretends 10 be election
is election IN truth and reaiyi II the word cleo
ton" IN the constitutional provision does not that





m the House OF representatives n has al
ways been held under the constitutional
provision applying 70 both Houses allie
The House Of Representatives has always exercised
under this clause judge whether member had
been really elected by majority OF legal votes Has IL
ever been questioned thai the House OF Representatives
had the UNDER this clause declare an election
fga and vod. II that election found controlled by
bribery and fraud II Old legal maxim that fraud
utstes everything, bond ana contract Who viii deny
that fraud vates alsO. the relations between cosstu
eney ana representatives. electi0Bi Now II each
House u eOnsut1tOnay the judge not only OF quanc
aud retarns but Of the essence OF elections
u not have the power 70 judge whether an
eeoton vitiated by fraGd The House Of Representa-


has always acted upon that principle by virtue Of
tbe very power conferred by the Constitution
the Senate exactly alike. Why not the senatef II
AOn9ected that the position OF Senator Is different
hat Senator represents State; that the election Of


Senator by State Legislature, according 70 law is the
eoaeiusive Of STATE sovereign IN it's sphere and
esy certified cannot be subsequently, questioned The
hsasie, BY sRaaiiBE an eioetioa carried w hsaS VI