New-York daily tribune., 1856-06-03
THE ASSAULT ON MR.. SUMNER.
prpopr OF THE HOUSE COMMITTEE.


by the Committee to investigs'e the recent
cowardly and murderous assault on Dir. Senator
| Sumner:
REPORT OF THE COMMITTEE.
The Select Committee appointed under the re.olu'
tion of the House, passed on the 23d cay ol Way
1870 10 investigate the subject of the assault alleged
| 10 have been made in the Senate Chamber Dy the
| Hor. Preston s. Brooks and other Members OF .ne
| House upon the Hon. Charles Sumner, a senator
from the State Of Massachusetts,; aud 10 whoh tue
House referred the proceedings of the Senate an
| nounciue that that coordinate branch OF Congress
| "makes G, mplant to the House Of Representatives.
"of the assault committed by one OF lts Neinpeis
"tbe Hon Prest1n s. BroDks-upon the Hon: Chares
Sumner Senator from the State OF Massachusetts,
Report; ...;.;o, of Tho srh;oc, they
concur in the following conclusions, which the senate
seem unanimously 10 have dec ared:
I "That the Hon. Preston 5. Brooks, a member OF
the House of Representatives from the State OF South
Carolina did, on the ED day OF the present month";
after adjournment OF the senate anu WIZ M Su,-
sault with considerable violence, striking him numer-
ous blows on and about the head with walkingstek,
which cut bis head and disabled him for the time
being from attending to his duties IN the senate.
II "Tbat this assault was breach of the priyileS,
of the Senate. ,....c
ate and can only be punished 10y the House ot Repre-
sentatives of which Mr.. Brooks Is member
~ That the Senate for a breach OF its privileges
. cannot arrest member of the House of Representa-
stiyes.' and, a fortiOri, cannot try aud punish
"bim' and that "that certainly devolves upon the
House Of which he is a member
The Committee therefore report back the complaint
of the Senate with the journal of their proceedings
aud the testimony taken III the premises, pursuant 10
the resolution of the House.
The testimony dscloses the following facts: On
Monday and Tuesday, the 10th and Goth days of Nay
ls56 Mr. Sumner delivered speech in the Senate IN
reply to the Senator from South Carolina MI Buiierl
Sanst
appended to tie testimony and forms part OF this
report. A.. 80 a,,, ~ Trosdav besore the
speech was concluded Mr.. Brooks took exceptions To
ne remarks of the Senator and that on W ednesday
morning after the delivery OF the speech he declared
TO Mr. Edmundson of the House, whom he casually
met in the Capitol grounds short time before ,ne
meeting of the two houses, that he intended to intct
violence upon the person OF Mr. Sumner, as punish
meut for language uttered in his speech lie therefore
reouested Mr. Edmundson to walk with hun, ana AFTER
taking q seat near the walk leading from Penns syiNaia
avenue to the CAPITOL he expressed desire that MI
| Edmuudson should be present az witness 10 the
transactions that they remained some fifteen minutes
awaiting the approach OF Mr. sumner ana theh pro-
| ceeded to the Capitol
| On Thursday morning be again casually met Mr.
| EGmundson at the western entrance to the Cspno!
grounds on Penpsy lyania avenue, point when CON-
manded view Of all the approaches to tue Captoi
rom that portion of the city in which Mr.. Sumner re-
sd.s. Here he again informed Mr.. Edmundson that
he was ON the lookout for Mr. Sumner for the purpose
of fmakng the attack, and after remaining for Snof
period the two proceeded to the capitol.
After the reading of the Journal OF the House. on
| Thursday the death of the Hon. Mr.. Miller, OF Mis-
souri, was announced addresses delivered, the cus-
tomay oluons adopted and, thereupon, the House
| Wien the Message was received by the Senate
| from the House announcing the death OF Mr Miller
tribute of respect paid to the deceased by Senator
Geyer in an address, and that BODY thereup0n also
adjourned. Most of the Senators Lt the Senate, a
| few only remaining. Mr. Sumner continued III his
seat engaged in writing Mr. Brooks approached, and
| addressing a few words to hn, immediately cont
m.nced II attack BY infcting blows upon his bare
head while in his seat, with a. cane, said to DC OF
putta percha. Mr.. Sumner made an effort to rise
and ward off the blows of his assaant, but they were
repeated with great rapidy and violence, uht ne eli
To- the floor under the attack bleeding and powerless
Tie wounds were severe, and cacua ated to endanger
the life of the Senator, who remained for several days
il 1icted with cane the material of which about
tie specific gravity Of hickory whalebOne, one inch
III diameter at the larger end and aperng tot dl im
eter OF about fveeigbbs Of inch at the smaller end.
1t not too much to say that the weapon used Of
deadly character, and that the blows ndiscrlm-
notey dealt, at the hazard of the life of the assaled
Tie Committee have extended to all parties impi-
Gated the fullest facilities for taking excupatory tes-
mony Thee is no proof to show nor has il been in
any way minated that Mr.. Brooks, at any time, in
any manner. directly or indirectly, notified Mr. sum-
nor of his intention to make the assault There Is no
evidence that Mr.. Sumner carried weapons either
The purpose of attack defense. On the contrary
it appears that Ar Sumner did not anticipate personal
violence until et the instant he received the first blow
and that he not armed or otherwise prepared, IN
| any respect, for seli-deferse.
There is no evidence, beyond the character of the
attack, tending to show intention on the part OF
Mr.. Brooksto kill the Senator; his expressions being
that he did not intend to kill KIM but to punish him;
but the Committee cannot but regard the assault
most fagrant violation, not only of the privileges of
the Senate and Of the House. coordinate branches of
the legislative Department of the Government, and
tl.p al rio and NJ ht
Of the rights of his constituents and Of our character
Il nation. II was premeditated, during period Of
at least two days without any other proyOcation than
words lawfully spoken in debate IN the Senate Cham
ber not ruled out Of order by the President Of the
Sera ate, objected 10 by any Senator yO!aive
Of the rules established for the government aud order
Of that body
Tie act cannot therefore be regarded by the Com.
mtiee otherwise than as an aggravated assault upon
the inesmabe right Of freedom Of speech, guaranteed
by the Constitution. 1t asserts foI physical force
preiogaye over governments, constitutions and laws,
and if carried TO its ultimate consequences must result
in anarchy, and bring into its train al the evils OF
Reign of Terror"
The Committee therefore, in conformity to the spirit
of the resolution of the House and their sense OF pub
lie duty, are constrained to recommend to the House
the passage such resolution will vindcate III own
character and rebuke the member who has 70 unhap
ply for himself and the country pcrpcuated this great
wrong.
The Committee do not discuss the powers Of the
House TO punish its disordery members DOR do they
undertake to argue the general question as to what
col sttute- breach of privilege The passage of the
resolution raising the Committee is regarded as a
declaration the part Of the House Of its power to
cal is members TO account for such acts as violate the
privileges of the Senate. This assault having been
committed by member upon Senator, "whle re.
"meinrg in Lis seat in the Senate Chamber 10 the
performance Of the duties pertaining to his official
"staiion" and for words there spoken in debate, the
Committee have no doubt OF the rights power Of
the House adopt the resolutions which they recon-
mend.
No testimony has been taken, nor are the Commit