Year: 1873

20 be desirous doing. but has no power 10 uoi anu
finally in the election following the state exercises
it's sovereign function by filling the place so Vaea'eu
with whomsoever It pleases. thus acting as the nnA
arbiter The exercise OF this power by the senate
therefore does not impair but it does virtually protect
the nights of the state have thus endeaVoreu "
show: -, a.. %, ,,o e,oc
ton OF its members means the same tnihs ioi O0
Houses OF Congress


Second That IL for both Houses ahke 'ne
power TO seat hled by an election carried py
fraud OF bribery.


Third That by the exercise of that power oy tle
Senate no constitutional right Of the states is impaired
THE STATE has NO sovKREIGS CONTROL OVER ITS SEN


AToRs.


am as firm an advocate and defender Of Constitutions
and State rights anybody, but maintain that the
Constitution does not give sovereign control OF
its Senators True Constitution provides that Sen
ators snail elected by the Legislatures On the States
in 40 far Senators may be regarded representatives OF
their respective States But the Constitution does not
regard the election of Senator in every respect
matter OF discretion with state. 1t does not permit
State appoint Senator It pleases. 1t gives Con-
gress the power 10 regulate by Law the manner OF
eecng Senators as we'll as Representatives, Congress
has made such laws prescribing the time in the session
of the Legislature etc. Why does the Constitution put
the election Of Senators thus under the control OF Con
gress lust as that OF Representatives. Because the
Constitution regard Senator as mere dipiO
mato agent OF state Of sovereignty near another
sovereignty appointed to take Of the respective
state only aud remaining under the control OF that
state The Constitution regards the Senate branch
OF the legislative department of the General Govern
and Senator being appointed 10 take part IN
legislation concerning the interests OF all the
States and all the people, and when once
elected as a member of that legislative depart
ment he is during is constitutional term entirely out
Of the control Of his State. The Constitution. indeed
provides that the number OF Senators for each state
shall two, TO preserve as much as possible 10 tne
States an equality Of influence in the legislation OF the
common Union. 1t provides that Senators snail De
elected by the State Legislature 70 possible,
superior class OF men for the highest branch OF the
legislative department Of the General Government
But in point of fact IL is certain that the election of
Senator puts him in exactly the same relation 10 MS
constituency which the election OF Representative
puts him to his. Neither the Senator nor the
Representative be recalled. The Repre-
senatiyes and the Senators are equally out
of the reach and control Of their respective
constituencies With regard 70 the therefore
the sovereignty State becomes utterly imperative
as soon as the fact OF his election If once accomplished
II cannot be recOnsdered by the state And now when
it discovered that the election of Senator has been
effected by fraud, the sovereign state undo It's
actf Not at all not if the discovery be made be-


fore the Senator has taken his oath 1t cannot set
aside the election nor recall the Senator. It can only
memoalize the Senate setting forth the facts but only
the Senate can act upon its own knowledge for
the Senator has passed under its exclusive con-
troll. Thus when the people OF State nave
been defrauded by the purchase of Senatorial election


they are with all their sovereignty, bound hand and
foot and not but only the Senate can furnish
the needed relief the Senate by virtue OF its
constitutional power, does declare fraudulent election
invalid does that constitute encroachment upon the
rights Of the State In what should such encroachment
consist Not this that the Senate In declaring such
an election invalid, assumes power which belongs TO


the State for no such power belongs 70 the State and
you cannot encroach upon power which does not exist
Nor does that consist in this that the
state is thereby deprived Of its elected representative;
for,


First That representative was not rightfuy elected


SeooRd. Ii must be presumed in common sense and
decency that the State will desre 10 be relieved Oh rep
annul the election had it the power 20 do 50.


Tatrd: The whole matter Is remited tOthe state by
man II il sees t The whole pretense OF an encroaeh
ment upon the rigntful powers OF sovereign STATE
therefore dissOlves nothing. The State retains un
Impaired full ana exercise Of ts constitutional
rights.


TINE TO ESTABLISH PRECEDENT FOR LIKE CASES.


1t said that there precedent for the resolution
Admitted But the disclosure this has prece-
dent for the honor of the American people let me
sumo II a precedent for had occurred, precedent
for the other would have been made The question now
whether II high time TO establish one. If 80, we
must not shrink from duty II is said that the ac



based would the majority with dangerous
mower. that there would be a possibility of its
abuse That may be but what Will be
the consequence if under the circumstances now
surrounding that dOcrre be not adopted ana acted
upon Look around you. RumOrs Of corruption IN sen
aoral elections heard from different parts OF the
country; some groundess, doubt others serious in
appearauee Ia two cases Senators arrested
after their election. He far from desiring 10 pre-
Judge any but in the testimony before
he said we discern tendency OF most alarm
ing nature which I fear is by means confined
10 one state He had followed the advice OF the
Senator from Wisconsin Carpenterl and read the tes-
timony He continued: Here is what ind.
Mr. Caldwell was unknown in the political world;
he had performed no public service; he had fame
there was no evidence OF uncommon ability drawing
upon him the eyes Of the people but there
abundance OF money He appears as a candidate for
high office around him a band OF political managers
whose whole political wisdom consists IN the low tricks
Of the trade and the appliances Of corruption Behind
that group looms upone Of these great mOneyed corpora
tions whose power is so fearfuliy spreading,
and which exercise so dangerous Influence
In our public concerns. lie has already bought
off with $4,000, cash down, competing
candidate who IL to transfer him his following in the
Legislature like many head OF cattle so armed aud
surrounded he steps upon the she cry goes forth
that there is money, much money in the election. Tie
presence Of the temptation stimulates at once every
vicions appetite One man who has a vote that
another is paid for The frequency of the practice
bunts the ind vidual conscience. The Legislature is
transformed into market where votes are bought and
sold and thus Mr.. Caldwell is elected Senator That
what I read N this testimony Not a mere $50
lated case Of indscretion On the part OF an
overzealous friend and supporter. but an organized
svste,n of bribery Bacchanalan of corruption II
is clear 20 my mind that Mr. Caldwell would never have
been elected but for the money used The money