The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-04

much OF passion am glad too add 10 save him from
the suspicion Of intentional alteration But the senator
touches nothing which he does not dishgurewith
sometlus OF principle, sometimes OF fact He shows an
ncapa4b of accuracy whether in stating the Constitu-
ton In stating the law whether In the details of sta
tstcs or the diversions OF scholarship lie open
his mouth but out there flies blunder Surely he ought
be familiar with the life OF Franklin and yet he referred
this household character white acting as agent OF Our
fathers in England above suspicion and this done
that he might give point TO false contrast with the agent
of Kansas not knowing that however they may differ in
genius and fame IN this experience they are alike that
Bay assaulted by oHmouthed speaker where
he could not be heard in defence and denounced as
thief even as the agent Of Kansas has been assaulted on
this floor and denounced forger And let not the
vanity of the be Inspired by The parallel with the
British statesmen of that day for it is only in hostility to
freedom that any parallel can be recognised ,,,,
"But it against the people OF Kansas that the SENSIBLE
tiles of the senator particularly aroused Coming as
he announces, from Stae-aye, sir from South Caro-
nahe turns with ordly disgust from this newl yormed
community which he win not recognise even "a body
polite Pray sir by what title does he indulge in this
egosm Has he read the history of the State which he rep
resensH He cannot surely have forgotten its shameful i'm
beety from slavery, confessed throughout the revolution
followed by its shameful assumptions for slavery since
He cannot have forgotten its wreched persistence 10 the
slave trade as the very apple OF Its eye and The condition
its constitution which s republican only In name, con-
rmng power In the hands of the few, and founding the
qualifications of its legislators settled freehold estate
ten negroes And yet the senator, to whom that
State has in part committed the guardianship OF Its good
name instead Of moving with backward treadng steps to
nakedness rushes forward in the very ecsacy of
maduess expose by provoking comparison with Kan
South Carolina is old Kansas is young South Car
DINA by centuries where katsas conss by yeais
But Il bcnefGent example may be born in day and
venture to say that against the centuries OF the older
State may be already set the two years Of trial. evolving
corresponding virtue in the younger community. In the
the long wall Of slavery In the other the hymns OF
freedom.
"Aud il we glance special achievements it will be
difficult to find anything in the history of South Carolina
which presents so much OF heroic spirit IN an heroic cause
appears in that repuse Of the Missouri invaders by the
beleaguered town of Lawrence, where even the women
gave their effective efforts to freedom The matrons OF
Rome who poured their ewesnto the treasury Tor the
public defence the wives of Prussia who, with delicate
fingers clothed their defenders against French Invasion
the mothers Of dur own revolutions who sent forth their
sons covered over with prayers and 10 COMBAT o
human rights did nothing of selfsacrice truer than did
these this OCCASION We're the whole history OF
South Carolina boted out of existence from its very be-
ginning down to the day OF the last election Of the
senator to his present seat on this hoo civilization
might lose-1 do not say how ttlebu surely less than
it has already gained by the example OF Kansas In lis val
liant struggle against oppression ana IN he OF
there ale newspapers and schools including high school,
and throughout this infant Territory there is more OF ma
ture scholarship, in proportion to Its nhaoians 'han IN
all South Carolina All sir tell the senator that Kansas
welcomed az free State Will be mnisering angel to the
repubiic when South Carolina in the cloak of darkness
which she hugs, lies bowling"
These extracts contain language which in the opinion Of
Mr. Brooks insulting to the state OF DOutn
which he part represented and PERSONALLY offensive to
Senator Butler Of the State his relative and kins
man. and who absent from the city at the time of the
delivery of the speech On the ed day of May two days
after S delivery Mr. Butler being still absent Mr. Brooks
approached Mr. Sumner in the Senate chamber after the
adjournment of that body and addressed him the follow
ing language:
"Mr. Sumner, have read your speech carefully, and
much camness could be expected to read such
speech You have beed my State and slandered rea
on who aged and absent and feel it to be duty to
punish you for it.
He then struck Mr. Sumner with his walking cane Civ
ing him repeated and severe blows. 49,,
II appears also from the testimony that Mr.. Fdnund-
SON OF Virginia and Mr. Keitt OF South Carolina, both
members Of the House bad been told by Mr. Brooks that
he intended to call Mr. Sumner to account for the often
portion of the speech already alluded TO- and did not
communicate that fact to Mr. Sumner any other per-
son. far as the committee are informed but neither OF
them knew when or where Mr. Brooks intended TO execute
his purpose does appear that Mr. Brooks had inform
ed any other person of his intention.
The question presented for consideration upon this
is do these facts involve breach OF the priv
epes of the Senate or Of the House Of any member
thereof which the House take any remedial urs
dicon for which 1t infct any punishment and,
IL what II becomes the House 10 pursue III refer
encs TO the matter
Our first inquiry is What are the privileges OF the Sem
ate and of the House, Where they TO be fcand 2
Ours government Of delegated power The constitu-
ton prescTbes the duties OF the executive legislative and
judicial departments Of the government 1t will not be
questioned by any one that neither these three depart
nents combined any Of them alone can exercise
any power which Is not derived from the constitution We
hold that the privileges Of the Senate and Of the House
be looked for in the instrument and that
exist except those which expressly declared In the
stiiuton forth in law passed In pursuance
thereof rule adopted under the authority Of the
same II would be strange indeed IL the trainers Of the
constitution should have denied 10 all the departments Of
the government collectively well TO each individual
y The exercise OF any other than the powers expressly del
egated to them and yet should have left to the two houses
the right claim and exercise privileges independent Of
the grants Of the constitution.
Congress pass law subecng any citizen 10 pun
shment unless II shall be In pursuance Of power deega
ted by the constitution the Executive exercise
any authority unless IL be derived from the
IT, however permitted lock for the privileges Of
the Senate and Of the House some other quarter than
the constitution IL would present the strange anomaly
Of denying TO the two bodies in their legislative capacity
the exercise Of inherent inrens powers affecting the
liberty Of the citizen and yet granting TO either one 10
their separate positions the exercise Of such power II
would necessary only 10 state the proposition aud
that its bare statement would carry with Il It's reuta
ton.
the inherent right declare what u privileges are and
punish for the violation OF them II this doctrine be
true then the House has the power TO declare that
committed to-day, which Is In violation Of no provision
OF the constitution, law Of the land no rule OF the
House and which is therefore far the citizen may be
informed innocent In ITSELF violation and breach OF s
privileges and 10 inhiet punishment for the same.
The admission OF such right would constitute either
house Of Congress n legislative judicial and executive
power combined having the power Of legislature pnss
the law the power OF judge 10 expound " and the power
to execute H. A perfect despotism has and
exist thsnf such be the fact-does exist in
either branch Of Congress
To appreciate properly the enority Of this power and
the abuse which It's exercise might lead il Is only nc
ccssay to add that from the very nature Of the case this