The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1856-07-10

matter was brought before the House; but
none OF these things were considered Of a
sufficient magnitude TO invoke the high
function of Legislature sending its missive
10 Congress TO tell them what TO do. Mas.
sachusetts is the first to set the example
She has not only administered arcprimand
TO Mr.. Brooks without any evidence; she
has aot only assumed TO pronounce judg-
mcnt before hearing the evidence, like n
Judge passing sentence on a criminal before
hearing his defence; but she has underta.
ken indiscriminately TO say, that sho de-
mands OF the Congress ofthe United States
to carry out her behcsts in regard to what
she considers to be I'm outrage upon the
privileges of the Senate.
Can anything be moro insulting to the
Congress OF the United States Than the
spectacle of n State sending down message
10 its faithful Commons"-a message that
they are to pronounce this or that judg-
mentl Are we to submit TO this. / did
not wish 10 make the contest; but, in my
opinion, these resolutions, in the terms they
import, ought not to have been received by
the Senate.
Taking all these things into consideration,
indicted, rs Mr.. Brooks has been, by an
ca pdrtc accusation, without evidence, with
out even the finding of a grand jury, what
is his positioni If his case could 90 before
any impartial tribunal, and could employ
counsel such as | would select, probably |
would choose my friend from California,
Mr.. Weller, who lives in free State,
who Is an impartial man, an advocate, a
gentleman, man Of honor aud courage.
1t civil action were brought by Mr.,
Sumner against Mr.. Brooks for assault and
battery, | pledge myself that, with all the
resources he could bring TO his command.
he would he able to reduce the verdict TO a
penny damages. What would be the state
of the pleadingsl Mr.. Brooks struck Mr..
Sumner, would be the allegation. Ii would
be admitted that he struck him, and in
ilicted two flesh wounds. Mr.. Sumner
would reply, 81 am n Senator Of the United
States; and although the Senate was not
in session, was in that sacred temple. and
my character is so sacred under the privi-
leges of the Senate, that am not to be as.
sailed" What would Mr.. Brooks's counsel
rcjonl The rejoinder would be, "Sir YOU
had proianed and disgraced the seat YOU
occupied, before you were struck"
Then the question would be, what is this
privilege so much spoken freedom of
debate! The court wolld examine the
question, whether what was said was privi-
legged within The rules Of the Senate, or
whether twas libel. Ii it should be pro-
nounccd to be n libel, and were The Judge
before whom an action were broucht-if a
mo r1,t he, 4
another insutod his mother, or his father.
or his sister, or himself or his country-I
would savt to the man who inflicted the blow,
"My duty is to fine YOU; YOU are not iusti.
fled 10y the law; but it is my privilege to say
that, whilst will enforce the law and main
tain its dignity, shall fine you rs small
a sum rs possibly can within ray discrc-
ton"
Now, let me state the testimony in such
nm action. Ii would be that, in the absence
of the Senator from Sonth Carolina, Mr..
Sumner lose in his seat, and pronounced
what northern papers themselves say is an
unparalleled insult, not only to the State Of
South Carolina, but to her absent Senator.
1t is one for which | cannot account. |
ought TO thank one of the Boston editions
think the editor of the Couticr-for n
beautiful, perhaps an undeserved comp!i
ment, which he has paid to my speech. |
ought to thank him here publicly, us one
who has independence enough to express
hIs opinions IN opposition TO the tide pre-.
valling in his part Of the country. In my
absence, language was used OF me which, |
venture TO say, no one who knew me be-
leved. | might put that question to the
Senator'S colleague.
know nothing against either Of the
Senators from Massachusetts personally or
privately. dare say, rs ncighbors and
individuals, | should not have the least
right to complain Of their judgment out.
side of the influences which operate upon
them publicly and politically. They have
no right here TO attack any mans private
character. | never transgrcssed the limits
of propriety TO reach over and look at ANY
mans private character. do not know
that have anything against Mr. Summers
private character; but that has nothing to
do with the matter. Here, in his place, IN
colore oticH, rs u Senator from Massachu
sets, he undertook TO traduce and calumni-
ate the revolutionary history of South Caro-
lima, and to make remarks in regard to one
OF her Senators on this floor, coequal with
him, 70 which no one coud have submitted
1t happens lhat Senator was the constituent
Of member of the House Of Representa-
uveS, who was his friend. That friend.
finding that his own blood was insultel by
an insult TO his absent relative, was goadcl
on by the necessity ofcircumstances to take
some measure ofreyeugo. As said yestcr-
day, surely under such circumstances much
is to be pardoned to tho feelings oi man
acting under such motives.
With these remarks dismiss the reso.
lutions of Massachusetts, hoping that some.
body else besides 4 Senator from South
Carolina will say something Of them. for /
do not wish to identify myself too much with
them rs "A personal matter. have attempt.
ed to keep aloof from that