The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-24
THE NATIONAL ERA: WASHINGTON D. c. JULY "a, 1856

to cast an imputation upon the Senator from
Massachusetts and his friends, rather than as a
defence of the accused. The intimation has
been iterated and reiterated by partisan presses,
and has been repeated in this debate, that the
Senator was not seriously injured by the beat
ing which constitutes the crime for which the
accused is now on trial; that he might have
long since resumed his seat in the Senate, but
has been deferred by desire to represent his
injury as more aggravated than it really is.
l deeply regret this mean attempt to add in
suit to injury / wish l had been spared the
duty of referring to facts which feel constrain-
ed to state. / visited that worthy Senator on
Tuesday, after he received the injury. He was
sitting in his chair when / reached his cham
Der. His countenance appeared natural, and
his conversation was cheerful. He had no
fever; or very little, if any. He insisted that
he would resume his seat in few days, and
manifested more anxiety to return to the Sem
ate, and attend to his duties there, than for
anything else. left him with the impression
that he would return to the Senate in two or
three days, notwithstanding l had been assured
that there would be more or less Inflammation
Of the wounded parts before the healing process
would commence.
/ again visited him last Saturday; but that
countenance, heretofore cheerful, and beaming
with intelligence, had become pale and bag
gard. He appeared unable to sit up any con-
siderable time. He told me that he felt so we'll,
the night after left him on my former visit,
that he retained no servant or friend to remain
in the room with him. That, during the night,
he was seized with severe pain through the
head, attended with high fever. The pain be-
came so acute, that it appeared to him he
could live but a short time without relief. That
the Doctor, being called, opened the wounds,
gave him an opiate, and in the course of the
next day he obtained some sleep, and the pain
partially subsidized. That, soon as he could get
from the city, he went to the country. That he
found himself unable to take much exercise of
either body or mind. Lying upon his bed, he
described to me the singular sensations which
occasionally gave him reason to apprehend that
the hSain was affected, and looking me full in
the fSce, with great solemnity of countenance
and deep emotions, he said, I" / sometimes am
led to apprehend that may yet be doomed to
that heaviest of all Affections, to spend my time
on earth in living sepulchre." The express
sion, the manner, and the tone of voice with
which this was uttered, filled my heart with
sadness. pity the man whose feelings prompt
him to impute to that gentleman a disposition
to represent his I'M ury greater than it really is.
1t has also been said, and repeated, during
this debate, that the Republican party are en-
deavorng to manufacture political capital out
of this affair. To effect that object, it will be
necessary for them to do right. We have
reached that period in our history when no par
ty or political association of men can commend
themselves to the people, except by their in
teltiGence and Dirtue. To gain popular favor,
we must do RIGHT-we must initiate that Divine
Being, one of whose attributes is JUSTICE. That
duty 1 hope every Republican and every Dem
ocrat may perform, not merely on this, but on
all occasions. The Republicans can make no
capital out of this matter, unless Democrats do
acrOng? / would therefore advise each indi-
vidual to act his own judgment, without refer
ence to any party. Let him act in such man.
ner as to insure the appreciation of his own
conscience. True, we constitute high tribu-
nal for the trial of a fellow member; but above
US is one more Just, more dignifed, more pow
erful-the tribunal of the people--who will not
only Judge the case before us, and correct any
errors we may commit, but they will also Judge
each of US, and determine whether we do our
duty in regard to it, and will award both to
the accused and to ourselves the Just merit or
the appropriate penalty which he and we de-
serve. But if Republicans do right, and the
Democrats wrong, the people will reward one,
and condemn the other.
s.,
1 approach the principal point relied on by the
friends of the accused. They insist that the
speech of the Senator from Massachusetts con-
tains such gross attacks on South Carolina, and
On one Of her Senators, to justify the deadly
assault made on him.
l stated, at the commencement of my re-
marks, that the speech was in strict compliance
with the parliamentary law; that, during its
delivery, neither the President of the Senate,
nor the member of that body from South Caro-
lima then present, nor any other Senator, had
called him to order for anything said in his
speech, although they were authorized to do So
Again, no member who has yet spoken has at
tempted to point out word, a sentence, or
paragraph, in that speech, which, in the opin-
ion of any man, transcends the strictest rules
of debate. There is no such word, sentence,
or paragraph, in the speech.
Now, sir, if there be any one principle which
/ regard as clear and indisputable, it is, that
the freedom of debate" which the Constitu.
ton Gays "shall not be abridged" has no linn
itation inside the rules of debate established
by the Senate and by parliamentary law; and
to say that a speaker, while he keeps within
parliamentary rules, is also subject to the cen
sorship of individuals who may feel aggrieved
at his remarks, would be so obviously absurd
that no argument could render its erroneous
character more apparent. Were such doc
trne to prevail, we should be constrained, not
merely to surrender the right of free speech,
but with that surrender we must resign all
hopes of a free Government.
But / will not stop at this point. | say,
with publcists and statesmen and iurists, that
no words, whatever may be their character,
can justify an assault, even under municipal
law. On this point, SO plain to the compre-
henson of every mind, will not quote author
tiles, nor will ! read decisions of courts or of
legislative bodies. If such quotations were
necessary, that duty has been fully and we'll
performed by other gentlemen.
This doctrine of the right to avenge ones
own wrongs strikes at the existence of all gov.
eminent. If man SANDER another, the law
is open, aud he should be made to respond in
damages. But if the offended party be allowed
to Judge in his own case, and avenge his own
grievance, society must at once resolve itself
into its original elements, and might becomes
the only arbiter between individuals. The
weak will be subdued and the sel6shness of
mankind will become their only rule of action.
1t has therefore been found necessary to estab.
lish such laws as will secure the weak and
helpless in the enjoyment of their rights. and
restrain the strong and powerful from encroach.
ing upon the rights of others.
These principles, however, have very little
to do with the case before US. They may have
been agitated with propriety upon the trial of
the accused before the municipal court. He
was then on trial for his offence against the
peace of the community, against the personal
security of individuals, against municipal law.
That case has been fully tried and determined.
With it we have nothing to do. But here, in
this high judicatoFy of the People, the sovereign
State of Massachusetts charges a member Of
our body with violation of our Federal Con.
stitution. She declares that the accused has
deprived her of the services of one of her Sen.