The New York herald., 1850-04-25
WAsHiScroy, April 20, 1850

IN the Coeod-Nut, 9c. &c. &c.
If the late affair between Messrs Benton and poots
on the floor Of the senate, mere nine days won
der, it would scarcely be entitled to further notice
But it is something more. Iok a thing which should
not out of tho country upon the mere r par state
ments Of either side and the pa,te explanations
| which accompany them.
Among these yarte letters take it, was a recent
letter in the New York Herald and, venture to say
by witness who was not witness, by writer who
was not there The facts, however very mate
rally missatcd but the conclusion that the drawing
OF the pistol by Footc is universally justified, as on
act Of self defence we pronounce exaggeration
There always two parties in such cases and the
public opinion is divided between them but there arc
two points we apprehend upon which there Is no d.
vision.
l. Nobody approves Of the proceeding of Benton IN
leaving hs seat for the object apparently Of personal
assault upon Fooe, while he engaged in debate
and before he had made of any really personslly
offensive language towards Benton.
Upon this point opine there is division of the
Puhhc Judgment. Benton had given very distinct
and very emphatic notice to the Senate that if thoy
did not choose to protect him against the
Of Poote, he should take the matter into his own
and this standing declaration goes to establish the
fact that when he moved towards Foote it was TO in
was no provocation-Foote had not uttered anything
expressly offensive He was probably coming to that
prsed everybody. He should at least have waited
few moments longer, for when mans mind Is dobe-
IL
ton. SO much for the first point
We do not suppose that any man. who feels any
degree of national pride in the dignity and decorum
which should ever characterize the American Senate
will Justify the drawing Of the pistol upon Benton.
This deponent was an eye witness Of the
Benton rose from his seat in evident anger He passed
rapidly along the outside asle toward the OF
foote. The noise made by Benton in knocking the
tumbler off his desk gave Foote instant notice OF his
design. foote saw him approach, and before Bcnton
was wit hin reach of him, Foote had retreated to
use his own explanation of tho case he had gldedn
% he Oft he pch mi her
making his retreat almost at right angles from the
line OF Bentons approach Benton did not get within
the bar at that pont-there pressing danger
upon Foote-he was still out of Benton's reach when
he drew the pistol; and far out of his reach that
BENTON did not appear to consider him accessible at
that point but hurried back to his scat. and
deavored to reach him by the aisle leading thence to
was standing with his pistol
The explanation of Foote is -
l. That he thought Benton armed
2 That he Foote) only drew his pistol in self
d efence.
We must admit this testimony 1t has the marks OF
sincerity about it, Foote believe to be a truthful
man. What. then He was at a sufficient distance to
be safe. lie was beyond the reach of Benton lie saw
that Benton bad weapon in his hand, and made no
motion as If to draw any. In that case, Footo had
abundant time to warn Benton to keep his distance;
and the single accompanying motion as If about to
draw forth pistol would have answered every pur-
pose and placed Foote beyond the necessity Of
word of explanation There would have been proof
that Foote had carried deadly weapons into the Sc
nate chamber and he would have escaped the misfor-
tune Of exhibiting himself in readiness to shoot down
his enemy upon the floor without any evidence OF his
being armed.
The inevitable conclusions upon these two points
must be-
J. That there was no provocation for the act Of
Benton which to appeared to be of the most deadly
determination and jusying the fullest apprehension
the part of Foote that he stood in the most mmi-
nent personal danger.
2 That there was no necessity on the part Of Foote
for the exhibition of his pistol he having got beyond
the reach Of Benton and in such a position that he
had abundant time to warn Benton of tho hazards of
further advance.
The plea of selfdefenee we hold to be valid No
axUttn a1ff n4ir he hat ~ N huH
murdcrous intent. If he had had such intent on
seeing Benton approach, he would have stood his
ground lie saw Benton twenty feet off. leaving his
chair. he him turn round to outside the bar,
he had abundant time to place himself in deadly at
ttude where he stood If he had had any murderous de-
sign 1t IL clear, then. that foote acted on the de-
fensyc and that he exhibited his pistol a caution
10 his enemy Benton is large and powerful man
foote IL physically a ANAL and weak man. Benton
approaC he'd rs with the most deadly intentions Foote
siton, and having done so. the only mistake the
drawing the pistol With the motion to draw it, Ben
the time to have said with the pistol still out Of sight
I" | warn you to keep your distance" The immediate
The objections TO drawing the pistol that It re-
fleets badly upon the dignity Of the Senate and the
.pect of the country; that II will have bad effect
among the enemies Of republican institutions in Eu
rope that above all 1t viii give color to recent reports
that the Southern members armed to the tecth and
that in default of settling the slavery dispute by iegs
latiye action they intend to do by assassination IL
wcakcns the moral force of the position Of the South
and T. only calculated to excite hostile spirit in the
North TO q favorable compromise IL places the South
in military attitude and gives plausbility to the al
legations Of the frccolers that they legisstng
| with band Of armed assassins.
With the disparity Of personal strength between
Benton and Footc the latter be Justified for wear
ing arms standing the parties do each other
| and in danger of collision at any time The only
mistake Of Foote the drawing Of the pistol in the
Senate.
We repeat then that the conduct Of Benton justified
the conclusion. that he contemplated breach OF the
peace. fight foot-race In the senate, and that to
this extent he l. responsible; and furthermore that
there no Immediate provocaton to this proceed
Ing. even with the warning which he had given to
Footc and the Senate We also repeat, that the draw
ing of the pistol was unfortunate, violativc Of the
| under the circumstances of the case Pooto
| was not yet driven to the wall, the only ex-
justiacd in scifdefcnce. This /. our impartial
! Judgment. 1t IL the opinion Of some that Ben
ten merely h1gned an attitude Tor the purp9se OF ex
drawing Of hs pistol We believe that such is not the
case and that Benton set out With the full deeTmina
tion of bodily injury to fooie II lac could lay hands
| upon him.
| As the committee will probably report on Monday,
submit the correction of statement to theirs
Mr.. Grund. n correspondent Of the Baltimore Sun,
has been writing series Of tart and pungcnt para
graphs against Benton. and his yielding hostility TO
The Compromise Committee. few days ago Mr..
Grund met Mr. Benton in the antc-chamber of the
Senate when the following short conversation took
place.
MIR 0rund Cboving potely)--Ah Good morning,
Mr Bcnton-Your name, sir, believe Is Grund
hr. Grund-Ycs sir that is my name.
Mr. Benton-And you write letters for the Baltimore
Sun, over the signature of Ni
Mr.. Grund-Yes sir, that Is my signature.
Mr.. Benton-wcli. cir have only to SAY. that while
can stand your abuse can dispense with your bows
Good morning cir.
Mr.. Grund (bowing sgsin)-Good morning, sir. En-
Now u T. matter Of regret to sec. that since thi.
little affair the letters Of sharper than and
also regret the temptation TO introduce ths
dote by of accounting for the milk In the
nut II is too good 20 be lost
The moral OF the story is TO waste poitcncss
upon man with whom there IL account current
| the other eide.
We understand that the Committee Of Thirteen or
gan1cd this morning with view Of entering speed.
ly AZ possible upon the labors Of a compromise.
TlIH DOCTOR
wapI,oro,, April - 1850
Tr,aiv pitl ne Fson,,e, Indians
Mr. Atchison has introduced bill into the Senate
providing for treaty with all the various Indian tribes
covering the Grca, Plains 10 the Rocky Mountsins