Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-09
BENTON aud Eoote.

ter rectng the prominent facts almost identically
as given in the papers at the time, goes on as fol-
lows =
After giving this narrative of the proceedings in
question, the committee feel bound to say that the
whole scene was most discreditable to the Senate
It's ORR gin must be traced directly to the violation
of that rule order which forbids all personalities
which, though it allows the member to speak with
the utmost freedom of the subject before
the Senate does not allow any depression order to
arraign the motives assail the character of any
other member who advocates opposes it. This
rule is not founded merely in conventional decorum.
or that natural courtesy which prompts to avoid
what is painful unpleasant to others. Neither is
1t only because of the dignity of the body that re-
Wiling, nipping unmannerly words" are forbidden
to be spoken. 1t is required, for the freedom and
purity OF legislation, that such rule should be made
and strictly enforced. AS deliberative assembly
can deserve the name which is overawed by violence
so the deliberations of such body, to be Free must
not be disturbed, or checked by personalities Of Ian
guage which are even more painful to the generous
mind than violence itself, from which not only the
timid but the sensitive shrink, and which prompt
men of impeuous character to quick and passionate
resentment
To preserve the Judgment undisturbed freedom of
thought unawed and due liberty of speech uncheck-
ed, it must not be allowed that member should
denOunce anOthers motives arraign his character
for anything said done within without the Sen
ate chamber
prove to be infamous, he may be expelled as unwor-
thy the association of the body, If he utters mis-
chevous opinions IN the Senate they may be contro-
verified and their i'll tendencies there exposed. But
from personal assaults nothing but evil can
flow. They lower the dignity and character of the
body, disturb its decorum and harmony overawe its
deliberations, impede its business destroy its useful
ness and tend to introduce the law of force in the
place of reason and the law of parliament Still
worse is actual personal conflict between members.
A blow struck in the House of Commons said the
Earl of Ancrum, {" is blow struck at the whole
Commons of England" If the assault endangers
life it rises to great degree of enOrmity, and in
Republic of which law and order the mansprings
1t must shock and outrage the moral of the
public we'll as the Senate in the highest degree
1t is much to be regretted that the Senate has for
time past, and until very recently departed in
its practice from the strict rules of order in debate
and tolerated personalities which were increasing in
frequency and violence. This neglect of it's own
rules may in some degree palliate, but can in no
wise Justify excuse the personalities which led to
the scene of disorder and violence into which the
committee have been directed to inquire. They re-
joce that the late presiding officer of the Senate af
ter careful inquiry into the rules of the body,
nounced it to be his duty and his purpose it is the
right of every member, promptly to check all such
disturbances of order.
The application to the question before them of
the principles and considerations which the commit
tee have stated, is painful duty, but one which
they must perform without favor prejudice
In the first place, they report to the Senate, as
their unanimous opinion, that Mr. Foote is entirely
innocent of any design OR desire to assassinate Mr.
Benton. But they are bound to say that at various
times during the present session. Mr.. Foote, without
any sufficient prOvOcaton, so far the committee
informed, INDUCED in personalities towards Mr.
Benton OF the most offensive and insulting character
such calculated to arouse the fercest resent
ment of the human bosom. These were suffered by
Mr.. Benton for long time with great forbearance.
On the Goth of March last they were renewed
sentiment with much violence. On the succeeding
day he recriminated, in language equally personal
disorderly and abusive. He complained that the
Senate permitted such outrages, and announced his
purpose if the Senate did not protect him in future
to redress the wrong cost what it might.
On the 18th of April last Mr. Foote spoke again
and used the language which is set forth in the
rative of the committee. This language the commit
tee consider personal and offensive because its APP
plieation to Mr.. Benton could not be misunderstood
and because, in effect and by implications it charged
him with being a calumniatOr. That Mr.. Foote wa
not promptly called to order by the presiding officer
some member of the Senate, must have been ow
ing to the fact that the colOcatiOn of the passages
the speech such that the personality not i'm
mediately percoivcd. Indeed the application of tn
term calumniator' to Mr.. Benton not made
until the moment when the disorder arose. At tina
point, in the remarks of Mr.. Foote. Mr.. Benton lef
his seat and proceeded towards Mr. Foote in the man
ner already mentioned. He was not armed, nor doe
it appear that he has carried arms but the con
trary This, however, it is believed, not known
to Mr. Foote.
What his intention was, the committee have no
been able to ascertain by direct testimony but the
avoid the inference, from all the circumstan
that he intended either to make personal as
sault upon Mr.. FoOte to intimidate him. Hi
manner, coupled with his previous declarations,
certainly such to Justify Mr. Foote in the belle
that the first was his intention, as it evidently di
excite such apprehensions in the minds of many
not most all of the Senators who witnessed it. Nh
FOOte then left his seat, without advancing toward
MIR. Benton but in fact placing himself further fror
him. and, though he drew deadly weapon. he di
not present it. and readily gave it up when demand
ed of him. No blow struck-no shot fred-bu
there imminent danger that the Senate cham
Der would be the scene of deadly and criminal en-
counter
The committee cannot too strongly condemn tn
practice OF wearing arms in the Senate chamber.
Ours should be the deliberations of peace patriot
ism, and wisdom; uninterrupted by personalities
uncontrolled by force, untimdated by preparation
for deadly conflict. Senators should rely for defenc
upon the Senate whose high duty it is to protect il
members from injury or insult, and whose practic
should furnish perfect guaranty of such protection
different course would convert the halls of legsla
ton into bloody arenas, and destroy the value if
the existence of the institutions from which sprin
our glory and our good.
The committee have searched the precedents, an
find that similar scene has ever been witnesse
in the Senate of the United States. Personal cor
hict has, several occasions occurred in the Hous
of Representatives and in the British House of Con
4nons. In the former body, no punishment has eve
been inflicted, the House being satisfied with til
atonement of an ample apology. In the British Pa
lament, the House, in case committed membe
to the Tower for striking another; but, in genera
thew have proceeded no further than to put the o
0hnrI IN ant a