Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1835-04-07

round and accosting MIR Ewing in mild tone Of voice
stated IN terms, his purpose of nicng psiSlsaet or
chast'scncnt Mr. Ewing having naturally manifested sur
PRISE ana resentment at this declaration and showing
disposition TO defend himself Lieut. Lane with slender
IRON cane OF less than six in weight hastily struck
MIR Ewing just above the left eye The blow cut the
skin of the orehcao causing an cfuson of blood and
momentary staggering This advantage in the contest
docs not appear to have been followed up by the
saant on the contrary, he remained firm in the same
position Mr. Ewing also had walking stick in his hand
oil The description called Ssr0rd-ca This as soon as
he had recovered himself little he attempted to use
when the wooden case, orscabbard, Immediately flew off,
lie next underworld 10 himself with the nake
oade or rapcr; but this was broken in few trials eli
,her oy being parted by Lieut. Lanes stick or by his
hands Alter the first blow inflicted by Lieut. Lane he
appears to have acted mainly, if not entirely on the de-
iensvc Ills stick flew his hand early in the con
met when, remaining in his positions he continued TO
defend himself, either with his hands against the blows
ana !hrusis aimed by Mr.. Ewing with his rapier or with
ms hs hc Knocked Mr. Ewing back, his attempts to
close m On one occasion when MIR Ewing came with
IN the guard OF Lieut. Lane, the latter the former
whose hat had fallen off, by the hair and gently shook
nun. Another witness added, that Lieut.. Lane struck
Dir Ewing at the time. This incident terminated
The contest, which happened within the view of many
Witnesses members OF the House OF Representatives and
who were more or less distant from the scene.
III does not appear that the parties used or had about
them, any weapon other than the sticks described.
The evidence but very slightly dscloses the cause
or provocaton which led to the assault made by Iicut
Lane No witness could trace it to any thing said or
Gone by Mr.. Ewing in the honorable House of which
ne was a member. One of the gentlemen examined
who had been member of the same House. testified
that on being called upon by Lieut.. Lane, about
before the contct friend, TO bear to Mr. Ew-
ing demanding that the latter should withdraw some
tng SAID by HIM, on former OCCASION he the wit
ness distinctly understood from Lieut. Lane the of
fence complained of was given by MIR Ewip1 in
ms representative character. On the other hand AIr
Ewing strongly testified before the Court (bavin bcon
requested To attend witness, in common with MANY
other members OF CongresS that he never had had the
slightest personal alteration with Lieut. Lane or an un
pleasant interview with him prior to the
under the consideration of this Court is proner IN
add that Lieut. Lane induced by the persuasion or
MIR Ewing. - ~
Lieut. Lane, at the time he stated to Mr. Ewing the
purpose OF puiSh'ag chassiag the latter assigned no
cause Tor that Intention On the termination the con-
hic he declared that his purpose had been DIS
grace Mr. Ewing and added, that he had lin lis view of
the case,) so dtSggaced him
"Ihe Court, in common. no doubt with the ,vbole
Army, probably including Lieut.. Lane himself deeply
regret the rash ransacton the particulars of which have
thus been briefly recapitulaed
by the Constitution of the United States il is de-
clared that members of Congress shall in all cases ex
cept treason, felony and breach the peace be prv
legged from arrest during their attendance at the session
OF their respective Houses and going returning
from the same
"The cases here enumerated show the high Importance
the people and the States attach to the unnierrnnd
services OF their representatives in two Houses of
Congress, and fthose representatives cannot no bnd
ed from attendance by the process of the Courts
oil law In some criminal and in all civil cases il would
seem against the SPIRIT fnot the letter the Constitu
on that officers, set apart for the armed defence of the
nation, and under the highest obligation to suppor te
Constitution, should be liberty from any cause TO
prevent the attendance omembers by ncting injuries
on their persons.
The conduct under consideration seems to be eouoIl
hostile to the spirit of the fifth Article of War in which
onsress has enacted that officer shalt disresDect-
at cords against Me Congress Of Ucd States under
the penalty OF being severely punished by Court Mar
tial
'The Court of Inquiry will not say that L;cnt Lana
might be arragned for the conduct In question nnder
this Article of the Rules and Articles OF War because
It's constructions may only apply dsespectfu words ut
tered against the members of the two Houses collective
ly, and not against individual member The Article
is cited only to show the spirit of the legislation of the
country on the subject, and serving that de-
ference or forbeaance which military men owe to the
National Legislature, and, by consequence to its mem
beers individually, whilst the latter in the per-
formance OF their high functions"
In concusionit may be proper OF expected that
tins Court should say that in its opinion there is or is
not ground Tor sending the to General Court Mar
hal but, whatever may be its impression ON this pont
it is sincerely hoped that nothing similar will ever
occur Tor legal Investigation OF P Ss1s, ms
Major General and President of Mc Couyit'
H. The proceedings the foregoing case havng been
General-in Chief has received through the War Deno,
men the following directions of the President thereon
WAsHIYGroH March 18th lS35
Sir: have perused with great care the PROCEEDINGS Of
the Court of Inquiry in the of Leut Lane o the
United STATES Army, accused of having committed an
assault and battery the person of the Hon John E-
lng member of Congress from the State of Indiana
The cause which led to tc unpleasant d culty bel
tese gentlemen does not appear from the evidence in
positive terms; but may be inferred from the estmonv
ofthe Hon Robert u Ly tie, of Ohio tn il arose from
IeIhhrks made by hlr Ewing relative
beTs OF the family of Lieut. Lane But on the other hand
IN contradiction to this, is the testimony of Mr. Ewing
lie the cause what it may, the attack of military officer
OF The Government member of Congress during lis
session. was highly improper and deserves reprooE but
as neither the Committee of the House of Representa-
tives nor the Court of Inquiry by whom the whole mat
Ter has been examined, have thought the conduct OF
Lieutenant Lane deserving further investigation the
Secretary of War will the result be made known
by General Orders public reprmand TO Lieut. Lane
and direct him to be relieved from his present duty and
report to his Regiment.
Respectfully, your obedient servant
ANDREW JACKSON
TIE SECRETARY WAR
Ill Lieutenant Lane appointment of Assistant mr.
termaster, IS accordingly revoked. He will be relieved
from duty at the Delaware Breakwater and proceed 10
join his Company without delay.
The Court OF Inquiry is dissolved aud the members
thereof will repair to their respective stations
BY order OF ALIEN. MAcoND
Afajor- General, Commanding in Chief
ROGER JONES,
AcJatant General
The UNITED STATES AND THE CHERoKrEs-Tbo
Official journal of yesterday contains the draft of ssa
Treaty agreed upon at the City Of Washington March
18th 1888, between j. r. Schcrmerhorn on the pnrt Of
the United States, and Delegation of the Cberokee
Tribe of Indians which, by the President of the IT, States
IS directed to be submitted TO the Cherokee Nation for
their consideration and APPRECIATION This Treaty is 10