Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-02-21

Kansas From the quiet manner in which Mr.
WHITFIELD was permitted to take bis seat, We
were led to hope that the pretcnsions Of REEpER
had been surrendered and that this feature Of the
free-soil programme would for some reason be o.
mitted. It appears, however, that every ad7an'
tage is to employed to the utmost possible extent.
The seats of Messrs. Allen of Illinois, Gallegos
of New Mexico, and Eustis of Louisiana, have
also been contested. ~
The Messages of the President have been refer
red to the Committee of the Whole House. This
action is regarded as triumph Of the conserTa-
tive party. In relation particularly to the Kan
sas Message, spirited debate sprung up On q
motion to refer one portion to the Committee on
Territories and another portion to the Committee
on the Judiciary. In view Of the fact that these,
as well as the other important committees, are
thoroughly "stocked" by free-soers, it is easy to
see the course the discussion would have taken.
As it is the matters contained in the Messages
will be brought up in the House unembarrassed
by the action of Committee. The debate will
doubtless be 'long drawn out" and fruitful OF
nothing beyond the accustomed calculations OF
'.lattude and departure" bearing upon the Presi-
Dental Canvass.
Quite On interesting debate was held in the Sen
ate, Thursday last, on resolution offered by
Senator BUTLER, instructing the Committee on the
Library to consider the propriety Of procuring
marble bust of the eminent South Carolina patri-
OF and jurist, JOHN RUTLEDdE. The modon was
somewhat embarrassed by amendments providing,
for similar tribute to other distinguished justices;
they were finally withdrawn, however, and the re-
solution was passed unanimously. We append
Judge BUFFERS remarks, which, as q deserved
tribute to one of the purest and noblest Of Revo-
utionary heroes, does honor to the head and heart
of our SENATOR
Mr.. President, rise for the purpose Of present.
ing resolution, which / wish to preface by o
few remarks The fact has been brought to my
attention by two of the Judges of the Supreme
Court whilst there ore in the court room marble
busts Of Chief Justice Jay, of Chief Justice Ellis
worth, and of Chief Justice Marshall there is none
there for Chief Justice Rutledge, of South Caroli-
na Why bust of Chief Justice Rutledge has not
been placed in the Court room, cannot say. 1t
may have been on account of Indifference on the
part of his countrymen. At any rate, the fact
that it has not been placed there has been brought
to nv attention under circumstances which impose
it on me, as duty to his historical reputation to
ask that the Senate will make an appropriation to
procure such bust-a bust that will be but an
ostensbc recognition of the verdict Of history; or
would rather say what the verdict of history
should have awarded without any direct appeal to
her justice.
Chief Justice Rutledge was no ordinary man.
Perhaps there were few men in this country, North
or South East or West, who acted as distinguished
q part in the Revolution as John Rutledge. Sir,
he who had the concurrent testimonyof of General
Washington, Patrick Henry, and the well.tried
Judgment of General Greene-he who made an
impression on the history Of his country-is enti-
tied to some of its honors After his appointment
to the bench, he presided and gave three or four
judgments but before he was confirmed by the
Senate God, in his providence, in some measure
deprived him of the power Of sitting on the bench;
but that was not the reason why his nomination
was rejected by the Senate. 1t WAS rejected on
the ground that he resisted and opposed jays
treaty. At the time when the Federalists werei in
power, he was denied what, under other circum-
stances. would have been awarded to him as mat
ter of historical judgment. He was denied, un-
der party influence, that which, in my opinion,
Justice demands as due to proud speech and an
unsolciting ambition. He trod the path Of duty
without looking to the right or to the left; he
acted the part Of an original, and, throughout his
whole life, disdained to perform the part Of sub
servient subordination. He was one Of those who
made record and not one of those who looked to
the record made by others; he was ''no mans
man." ..,'r 49,
I ask my friend from Maryland, (Mr. Pearce,)
| who is at the head of the Committee on the Libra.
nv, to read the life Of Chief Justice Rutledge ir
the "Liyes Of the Chief Justices" I will not say
that, in comparison with others, it is Of superior
brightness, but defy any one toind, in the histo
ry Of this country, o name deserving more to b
commemorated than that Of that illustrious patrio
and statesman. Sir, he did not play his part at {
time when rhetoric was to make its exhibition Il
the public. He acted part at q time when hi
life and fortune were pledges of the sincerity O.
his purposes. At the very time when the British
cannon we're pointed upon the city Of Charleston
and when his own house might have been consum
ed in flames, and when he, under the prescription
of the British Government might have been com
mitted to the galloRs, Lee, who was sent down t.
take command of Fort Moultrie and the Southern
forces applied to him for an order to abandon the
fort. These were his words: General Lee hat
asked me to sign an order that you surrender that
fort; would sooner cut off my right hand thar
sign one" You know the result, sir; the fort was
maintained and allow me to say, on this occasion
it was maintained by the troops Of South Carolina
mingled-itis is my pleasure to say it--with one
regiment from Pennsylvania, commanded by Q
remarkable man. preacher Of the Lutheran per-
suasion-who, when he preached his farewell ser.
mon at Woodstock, threw off the vestments Of the
priest and disclosed the uniform Of q colonel.
Mr.. President, I ask that Chief Justice Rut'