The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1856-06-26
JUDGE RULER.

ms distinguished Jurist ana Senator de-
ivercd in the Senate, tho 18th inst, a
lengthy speech, relative TO tho BROOKS and
SUMNER difficulty. Notwithstanding the
excitement and provoking circumstances
under which he addressed the Scnate-his
speech being mainly reply to tho foul
calumnics heaped upon himself and his ma
tive State by CHARLES SuMNER--unlike the
latter, he has forborne toItranscend the pro-
priety and dccency of senatorial debate.
We regret that our space forces US to do
him tho injustice Of publishing few ex-
tracts instead of the whole speech. To the
charge made by SUMNER, upon tho Consl-
tuition Of South Carolina, Senator BUrLEn
replies rs follows:
"Now, Mr.. President, am going to
state a proposition which will startle tho
Senate what he here undertakes to quote
rs the constitution of South Carolina, in
reference to the eligibility of members of
| tho Legislature, is not to bc found in it at
all. How did he bring it in in response to
any speech Of mine? He has sworn in his
affidavit that what he said was fairly in re-
sponse to the speeches which had made.
! put the question to Senators, and shall
PAUSE for their sentence: how dare he, from
anything in my speeches, put his finger
his protanc fngcr-upon the constitution
of South Carolina? Is that response to
anything which l said2 My speeches
heretofore delivered arc upon record, aud
can bc referred to. | neither alluded to
| In, <fS y.
| mention South Carolina in the whole de-
bate; and yet i'll his affidavit he says that
all these arc fairly rcfcrable as response
! to the remarks of the Senator from South
Carolina! What he has quoted here is
not in the constitution of South Carolina {;
and when he undertakes to subject mo to
the severity of his criticism, rs a blundcrcr
i'll the statements Of law and constitution,
| let him stand convicted Of one of two
things-eitlicr that he did not read the con-
stitulion Of South Carolina himself and
adopted it from others, or that, if he read
| 1t, he could not understand it. intend to
dwell upon this point with view to con-
vct him mot that am going to vindicate
the constitution Of South Carolina, but
will convict this rhetorical jurist-this man
who undertakes to sit on the tripod, and
publish the oracles of Delphi, to sit upon
me as a lawyer! My God, what have
come to! A man who never managed a
case (as fur as know in court, to sit on
! myself who have been .hirly-five years ell
gagged in law. either in appearing at the bar,
or cxpounding it on the bench
81 have never delivered judgment on
question of law here, as n member of the
Committee on the Judiciary, whether have
made the majority or the minority report
when the Senator has not concurrc,i with
me; or if he differed it has been on section
al questions on which he has been over.
r:led 10y the overwhelming authority Of the
Senate. Yet, man who has agreed with
me always-and that is the only bad sign
about it laughter undertakes to sit in
Judgment on my legal a,tainmcnts! If his
authority is worth anything, it is with me,
tor he ll:.S concurrcd with lnc. On all the
! contrstcd-clcction cases. we have agreed.
except, perhaps, in the Phelps case. There
he may have differed from me; but il ne
did the Senate overru'cd him"
! tpen the allegation Of SUMNER that
| South Carolina was rendered imbcclc du-
ring the Revolution, OH account Of slavery,
after mentioning the aid sent from South
Carolina to Massachusetts, in the shape of
provisions and power, Immediately after the
Battle of Lexington, he remarks:
! "Thc Scuator says that tho Southern
States, in consequence Of slavery, BETRAYED
during the revolutionary war shameful
lmbecility.' I challenge him to the truth
OF history. There was not battle fought
south OF the Potomac which was not fought
10y southern troops and shareholders, even
1t you choose to exclude Pennsylvania,
which was at that time a slaveholliue
State. Muhlenberg's continental regiment
WAS always with them. and love to sllutle
to it but not New England squad, COM
pany, or regiment ever passed the Potomac :;
and yet the Senator says that but for north
ern aid the southern States could not have
sustained themselves.
"Sir, who fought the battle Of Kings
Mountain? 1t was not fought by anybody
in pay. Patriots fought il, but they never
received n dollar. That battle made an
impression, perhaps. the most remarkable
of events. Who fought the battle Of Cow
l'';uSs lHeIS WAS uOuo Ill tidL DHLtlC from
the north of Maryland. Her commander,
Howard, is perhaps, in some respects. the
hero of that action. Colonel Washington,
commander of the cavalry, and Pickens,
citizen Of South Carolina, and one of the
heroes Of the revolutionary war, com.
mandcd the militia, and they never shrank
from their post. 1t has been said of the
South Carolina mIitia, during the revoIu-
tionary war, that they were only raw troops,
who stood to their guns and position, when
ever they were mustered into the service,
and called upon to perform duty.
"Who fought the battle of Hobkirk's
Hill2 General Greene was The comman.
der; and he afterwards became slave
holder, and. of his own choice, lived and
died in southern State, among friends
and comrades in arms. Who fought the