Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1856-08-02

when the speech was first made Nor did Mr.
Brooks pursue a materially different course
from the one he then adopted. He wrote 10
Mr. Burlingame, asking when and where a con-
fdeniia message would reach him Mr.. Bur
lingame repled-at Niagara Falls, at such a
time and Instantly, with great secrecy and
precau,ion, he left the city en- ronte Tor Mia
CARA.
Mr. Brooks did not leave. On the contrary,
he forthwith published the whole correspondence
declining 10 fight at the place chosen, but Of
terius To meet Mr.. Burlingame, ''if the latter
could be screwed up to call upon him"
The consequence Of this proceeding was, Of
course, to render the duel comparative impos-
sibiliiy for Brooks was arrested and bound
over to keep the peace, as he must have known
he would be when he published his card.
! Now the question arises, was the choice Of
place so far distant as Niagara sufficient to
warrant this peremp,ory course And second
ly, spposing that the place was unsuitable, was
the publication of this card the proper way Of
noticing the mistake
We apprehend that negative answer must
be given To both these questions. The rule
with regard to dnels, as given in all the works
which treat Of them, is tina, the challenged party
has the choice Of weapons, distance and place
nor is this rule limited in respect 10 the lausS
point as ii is with respect 10 the two former,
by any general understanding as TO the distance
to be travelled. Instances of persons travelling
for several days in order TO fight duel are quite
common. French lawyers, who are liable 10
be struck from the rolls Of court il they fight in
l.. n
and even Montpelier, to Brussels 10 6ghi.---
Englishmen-wben duellng was commoner than
il now is in EngaDd-took ship at London or
Dover TO fight on the sands Of Boulogne. And
careful perusal Of any collection Of duels-Mr
Sabiue's work, for insance--will, we have no
doubt, bring to light quite host of cases in
which men have journeyed for days together in
order to meet 10 security.
But If the disiance-some twety-four hours
in point Of tme-was not excuse enough, Mr.
Brooks falls back on the pretence that his life
would not have been safe in the Northern
States. Mr. Brooks is quite right in supposing
that his cowardly assault on Mr.. Sumner has
aroused very strong feeling Of abhorrence for
him in the Northern States; but he is wrong
when he supposes iha, that feeling would find
expression by assaults on his person. That sort
of thing may be common in the societies which
Mr.. Brooks has hitherto freqnenied, but it is
not in fashion here. Were we 10 announce in
our personal column tomorrow that Mr. Brooks
was staying at the Asior Huuse and would walk
up Broadway precisely at twelve o'clock, there
wond no doubt be good many people 10 stare
at him-he would divide with Barnum's latest
sea monster the admiration that is paid to Curl
Gus beasts, bat not soul would touch hair
Of his head. Nor can we, in plain truth, be-
lieve that none of Mr. Brooks friends knew the
North and Northern society well enough 10 tell
him this
If, therefore, Mr. Brooks was not justified in
declining the notwithstanding 10 the laws
Of the duello-on the ground of the great dis
lance he would have 10 travel and if his ap-
prehension Of being mobbed and hurt on the
way was not feeling well founded in ITSELF or
Justly calculated to shake the nerves Of reso-
lutte man, it mus, follow that 10 declining to
meet Mr.. Burliugame, Mr.. Brooks has proved
himself to be wanting Ia courage.
We confess that this impression derives fresh
plausibiliy, in our view, from the unusual man
ner in which Mr.. Brooks acted on his view Of
the case. Surprising he had been rieht-sup-
posing Niagara was too far of, and the road
thither unsafe for the assailant of Senator Sum
ner-was ii right to leave Mr. Burlingame un-
der the impression that his offer had been ac-
copied, to say no word of its unftness, and 10
publish card in the papers next morning blow
ing the whole affair Was this honorable -
Was it manly Can any Southern gentleman
approve it We think not. And on the whole
reviewing the matter as dispassionately as pos
sible, it does seem to us that Mr.. Brooks tried
to cheat Mr. Buringame out Of his position as
the party challenged, and to force him, BY dis
honest shifts, into that of challenger; and ihss
for the very paltry and cowardy reason that Mr.
Brooks was afraid Of being shot by Mr. Burlin-