The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-29

Tidual member or against any Of the officers Of either
house this ought to be made to that house Of FAR
lament where the offence Is charged 10 be committed ana
the nature and mode of redress punishment II punish
ment necessary must be determined upon ana lnhced
by them Indeed any other proceeding would soon into
duee disorder and confnsion as ~ appears actually 70
have done 10 those instances where both houses claiming
mower independent Of each other have exercised that
power upon the same subject but with different views and
10 contrary purposea."-(3 Hatsell, 67)
ave see from the several presidents above cited that
neither house of Parliament take upon themselves TO
redress any injury punish any breach OF privilege offer
ed them by any member of the other house, but that
such cases the usual mode OF proceeding IS to examine
into the fact and then 10 lay statement OF that evidence
before the house OF which the person complained oil Is
member."-(l Ibid ~
Mr. Jefferson, in the Manual of Parliamentary Practice
prepared by him, lays down the following rule:
"Neither house exercise any authority over men,
Der officer of the other but should complain to the house
of which he is, and leave the punishment TO them"
brief examination of the constitutional privileges OF
and representatives will show the soundness OF
this rule Of parliamentary lazy.
The constitution provides arce section 81 that "they
shall in all cases. except treason felony and breach OF
the peace be privileged from arrest during their attend
the sessions Of their respective houses and in 60
ing to and returning from The same"
But the Senate is not a of criminal judcature en-
powered to Try the excepted offences 1t cannot take
cog nizance Of breach of the peace such 1t cannot
take any notice OF it except rs breach OF lis privileges
and in this character it is not Of the cases in which
the privilege from arrest ID excepted. The Senate there
fore for breach of It's privileges, cannot arrest mem
Der of the House of Representatives and foror 1t can
not try and punish him That authority devolves solely
upon the house of which he is member.
1t the opinion of the committee therefore, that the
Senate proceed further in the present than to
make complaint the House of Representatives of the as
saut Committed by of its members the Hon. Preston
s. Brooks upon the Hon. Charles Sumner, senator from
the State of Massachusetts,.
The committee submit herewith certain afiidavs taken
by them in this case, and the following resolution
ResoDed That the above report be accepted, and that
copy thereof and OF the adas the be
transmitted to the House of Representatives.
Question 10 Col. NicholSon
Will you the committee whether you witnessed
the assault upon Mr. Sumner and you did state
| all the particularly
| On thursday last the 22d of May instant a few mo-
mens after the adjournment Of the Senate, retired as
usual my desk in of the offices OF the Secretary OF
the Senate After the lapse of brief PERIOD returned
the Senate chamber request the assistant dookeeper
(Mr Holland) TO have piece of money changed for me
After seeking the doOrkeeper and communicating my wish
to him. walking down the main aisle of the chamber,
when observed the Hon. Mr. Brooks of South Carolina,
sitting at the desk of Senator Pratt. | sauted him,
How is Colonel Brooks to-day" He responded, "We,
thank you !" and, beckonng to me, he added, "Come
here Nicholson" advanced and placed myself Sena-
Bayards chair which, my right Major Emory,
of the United States army was standing and with whom
had been eonversng fey mDutes before Col Brooks re-
marked TO in his usual tone OF voice. and without the
slightest show OF nquietnde "po you see that lady IN the
lobby 2" Turning ronnd, and observing lady sitting on
the lounge short distance from said Yes" Col
b. said She has been there for time what does she
want2 Can't You manage to get her out2" Thinking
that Col B. was only INDUCING momentary within, jo-
cosel replied No that would be ungaant besides she
at the lady. said, ayes she is pretty, but | wish she
would 60" At this moment the changed money was
brought to me by Of the pages and almost at the
same moment Major Emory inquired, who was that
gentleman you conversing with ?" had scarcely
said Colonel Brooks, of South Carolina, very clever
fellow when, observing Colonel Brooks advancing in
front and towards though about to speak Senator
Sumner who sitting at his desk apparently engaged In
writing, with papers before him, cannot be positive
which Involuntary attempted to call Major Emory's Mt.
tention the fact for Inpcb surprised to South
Carolina representative in the act OF approaching to speak
Senator Sumner after the speech delivered by the latter
the previous days but in the Senate But before
could attract Major Emorys attention or express sur
prise saw Colonel Brooks lean and the desk Of
senator sumner and seemingly say something to him,
and instantly ard while Senator Sumner in the act
of rising, Colonel Brooks STRUCK hiI the head with
dar-coored walking which blow he repeated twice
or three times, and with rapdity think several blows
had been inflicted before Senator Sumner fully 10 pos
session Of his ocomoton, and extcated from his desk
which thrown broken from its astenngs by
the eaora Of the extricate himself As
Senator Sumner free from the desk he moved down
the passsRe-yay under the impeuous drive of his
adversary with bis hands npsd as though to ward of
the blows which ralned bis head with much
quickness possible for any 10 a on
another whom he intent chastisng The scene
occupied but point Of time-ony long enough 10
raise the and infict some ten or twelve blows
in the most rapid succession-the cane having been
broken In several pieces. All the while Senator Sum-
holding his hands above his head and turn
ing and lettering, until be sank gradually the floor
Senator Coamers desk In bleeding and apparently
exhausted condition did not hear one word, or muir
exclamation from either party until the affair was
Such the suddenness of the affair the rapdity
Of its execution the position Of persons in the chamber
aud the relative position Of the chairs and desks that al
though several persons myself among hem quickly ad
vancsd the spot the parties engaged 1t was
not in the power Of those pren 10 have separated Col
Brooks TO have rescued Senator SIMMER have
prevented the former from accomplishing his purpose
Such the conclusion Of my judgment the moment
JOS. II. NICHOLSON
| WLsmSGTos, May %, 1856.
By Mr. AA0-What senators were present at the
time 2
Senators Toombs Pearce and Crtenden seated in
their respective chairs just preceding the affair During
It's occurrence and towards the close Of IT, observed Mr.
Crttenden the parties evidently striving terminate
the assault cannot say observed any other
tors until the affair
What members Of the House Of Representatives were
PRESENT.
Tue only member House Of Representative whom
recognised the Hon. Mr.. Keitt OF South Carolina
who approached the parties about the time Mr. Ont
| tenden did JOS II. NICHOLSON.
QDestioH propouhddo Governor BropH Of Hssissppi-l
Please TO state the committee the of the assault
committed by Mr.. Brooks upon Mr. Sumner, stated to
Jou.
Did Mr. Brooks state 10 you the cause of his assault
Mr.. Sumner, and the language which he addressed to
Mr. Sumner just before the Hssault7 II please TO tell
the committee what his language what the cause OF
the assault
On the day OF the occurrence aud shortly after met
Mr.. Brooks In company with Mr. Keitt on the avenue
nearly opposite the Union buildings after the usual sau
ations Mr. kett mentioned what had occurred and
proceeding give some oft when Mr. Brooks
terposgd, with this remark "The town, suppose will he
full Of rumors In few hours and desire my friends 20
fand vvpha have md nv