The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-12

A
lous publication. 1t is contended however that he
in the line Of his duty &c So he would have been IL wr
ung In the same way in his going TO or from thu
oaplto or 70 one OF the departments on business un
douDed the person OF senator ought to be protected
when doing his proper business So however ought the
farmer and mechanic in their business likewise Their
country as the duties OF Legislators The persons engaged
IN them ALL as well other citizens have equal right to
be protected from assaults but the has higher
claim than the Others
But there is another circumstance which has been han.
died good deal to the prejudice of my friend from South
Carolina am not undertaking TO defend him. far
10 say that his act was right in ITSELF in legal
admit that u was breach of the law and the gentleman
has been indicted and punished for it in the courts the
law provides But nevertheless my object is show that
there is nothing in the case which ought 10 induce the
House to take cognzance Of it, to excite the country IL
IS said that the gentleman from South Carolina did not
give sufficient notice to the senator from Massachusetts,
There great deal said on that point to create prea
dice in the public mind
Well sir do not know how much is to be considered
sufficient notice in such cases. have heard of good
many cases of assault and battery and do not at this
me recoect any one where notice given than
In THIS case What would be sufficient notice for
would not be sufficient notice for another perhaps If
gentleman bearing the relations to another the
gentleman from South Carolina bore to the senator from
Massachusetts had gone to him and told him. after such
preliminary statement as made that he intended to
punish him for his Speech would consider that be
ee enough to most men OF ordinary courage and prompt
ness have known men tc attempt TO others for Of
fences or insult and have regular setto and very prob
ce to the gentleman from South aona that tsufcieny
appears think that after his speech he 10 the first instance
puposey slight blow with the small end Of his cane
which, in fact alone he used during the whole occurrence
and that Mr. SUMNER was on bis feet before any second
blow was given. or course the gentleman from South
Carolina did not want to give much notice would
able the gentleman from Massachusetts to get out of the
way have the gentleman from South Carolina bound to
keep the peace at the time he gave certainly
notice than is usually given in these But perhaps
the House will say that in this case the notice was not s
submit IL To be
by the House. the House should first determine how mach
notice is necessary. To condemn the gentleman from
South Carolina that ground is very much in the
nature of passing post aeto law 1t is to hold him
responsible for the violation Of rule which has been
adopted am free to confess that very much prefer
that assaults and batteries to occur the parties
should have equal chance.
There is nothing mortifying TO brave than
to be assaed at disadvantage where he has not equal
chance to repe the assault If that be the fact in the
of the from Massachusetts, sympathze with him
but if the contrary, he would have made effort to
defend himself repel the assault then say it matters
not whether the notice long short it is merely
question how much personal suffering he was compelled to
endure and that is question for the courts to decide II
the gentleman from South Carolina assaed without prov
ocaton then the courts should punish him. If he had
provocaton but excessive in the injuries inflicted then
the punishment should be suited TO tho aggravaton of the
offence The courts have taken cognizancc Of the matter
by Indictment and if the senator desires it. he bring
his action likewise for damages IL the gentleman from
Massachusetts, is not satisfied with the redress given him
by law, then know that do than justice to my
i
graed TO give him chance in any mode that that
gentleman would suggest hnt If hs Asos eLeese
make assault himself These his remedies first the
indictment already determined secondly, civil action
for damages thirdly, challenge and, fourthy,
tack his assailant
These take to be sufficient without any action of this
House,
II have no to say upon this branch Of the subject
f now advert to what conceive to be the most inter
esting and important subject involved in this case |
know that educaton manner of life and associations,
well mental peculiarites persons to differ in their
feelings and judgments in relation to occurrences Of this
kind. STILL venture to say, that nearly every mani
will not say every man-will agree with me, that there
may be Of ytuperaton and calumny outrageous
under certain circumstances to justify assault and
battery In country where there liberty Of speech and
liberty Of the press there is very apt TO be centousness
in both Sir wish to be distinctly understood that
in favor OF liberty Of speech and of liberty Of the press
put 1t upon the ground that put the right Of liberty
OF motion. Any man in this country has the right 10
about he pleases but If he reads upon my toes
have the right TO throw him od man has the right to
his he pleases but II he moves it so to
strike violently have the right to resent the blow by
force In the liberty of speech and of the
press may be exercised but If carries ii to cen
ousnes so as TO do great wrong TO Others he should be
held responsible
Now, upon this subject avail myself of the authority
Of perhaps the most distinguished born in Mas
sachuset and Of the greatest men born In any coun-
trya no less distinguished man than Benjamin Franklin.
Every gentleman knows that he cool, calm saga
cous and philosoPhc man And, sir late in life when
Washingons administration, defending freedom Of speech
and Of the press he expressed himself in this language
read from the second volume OF the works OF Franklin by
Sparks and from article under the head Of Political
Economy" dated September, 1889.
After speaking of the abuses OF the liberty of the press
and the necessity Of safeguard corrective he says
But have been at imagine any that may not be
construed infringement Of the sacred liberty 9 he
At length however, think have found that, instead
diminishing general liberty, shall augment 1t which is
by restoring TO the people species Of liberty OF which they
have been deprived by our awsl mean the liberty Of The
oHdg In the rude state OF society prior TO the existence o
laws if gave another i'll language, the afronted
person would by box the ear, and repeated
law But now the right of making such return is de
nied and they punished breaches Of the peace while
right OF abusing remain in full force, the laws
made against II being rendered Intellectual by the liberty of
My proposal then TO leave the liberty Of the press
touched be exercised in m full extent force, and vgo
but TO permit the liberty Of The cadgc TO go with IL par
pa.su Thus, my fellow citizens II an impudent writer at
your reputation dearer you perhaps than your e
puts bis TO the charge 70 him as open
ly break his head. II he conceas himself behind the
printer and you nevertheless discover who he you
like wayay him In the night attack him be
hind and give him good drubbing.
It. however should be thought that this proposal Of
mine may disturb the public peace, would then humby
both liberties that Of the pres and that Of the cadg and
explicit law make their extent and limits and at tho
same that they the person Of citizen from
.as, they would likewise provide for the security oi hi
reputation"
Sir stand with Franklin upon this ground Every Of
fence that exist ought TO be punished in some way
other Most men will avow that their characters deare
to them than their persons their lives Every per
will admit that there adequate punishment pro
vded for offences against character certainly none by tb
laws And II the doctrines OF the report OF the gentleman
from Ohio mr. CAnrrKLL adopted j. results that her