Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-06-13

.h .ti,inn If Massachusetts Bay was ns'"u'' hnrj
n i,nl.mnuthei speaker where he could n" u" - tl,.
in defence. and d-n"uiced rs 'ihiet' t;a ,nr AMI
,ent of Kansas has been assaulted on tins n'" III
| I,nupc-d ns n sforger.' And let not The f"' ri :,
,I, senator be- inspired by the parallel win .I,,v u,
i,h statesmen Of that day; for il is only IN n"S'
tr,dun that any parallel Can he recognize h,t the
.I{ut il IL against the people of Kansas '''"a J :
.s,.ibities of the senator particularly air
| ISn,nino az he announces, from n State ID" if,u.f
rom south Cnr"lma-he turns with lorLi5 Iii NOT
fro;n this new formed community which ho w., ,yhut
r..nouz. even as "a body polite Pray, sH' y, .d
iii. d,s h. indulge in this ego,ism! Has l5 Ii
| ,hn history of the State which he rrprescn, ,,;ty
cannot surely have forgotten Its shameful Iutini
| from slavery confessed throughout the r., I.v..
! c,n,v.d by its more shameful assumptions 'o' hI
| ry since He cannot have forgotten i's W. f il,
ner,istance in the slave trade is the very MP the
eve and the condition of its participation ;,mtinu
| I|uiuu He cannot have forgotten IT. ,",w-r
| yn,rb il republican only III name, c"uhrui'"S p,;,;
| in th, hands of the few, and founding tue I',.I
uIiuus of its legislators on settled feei"u ,h.i
| ar fen uerroes' Aud yet the Senator, to "''"' IS ~;
state has in part committed the guHrdla'isn oL.
| ,und ualns iIstrhd ut moving with bhcK"n'u IN
| Iny st,ps tu cover its nakeduess, PUSHES r",L
The very ecstasy Of madue-s, TO expose u y! Kin. !.
iuy II comparison with kanshs. South 1"' 80
old; Kansas is young. S"uth CarOha n, - h,.
| centuries where Kansas counts by years. pu 49,,
inefficient example may DC norm III u u'S' ,I,. ,Id.r
nr 10 say that against the lws centuries oil TIT.
| .St,,,.' ,nny be already set the TWO years VI -
evolving corresponding virtue i'll the youhs u, ,h.
munity In the is the long wall OF slavery W -"
other the hymns at freedom. :, will
| .Aud il we glance at special achievements ~ wi,
Inc difficult ~ lind anything in the history III " :;
| Carolina which presents 80 much OF hero'r rp' III.
An heroic cause ~ appears III that repilse VI '
.iuur INVADERS by the bceaSuered town % ,Iw
renee, where even the EoIlen give th1F en'' ,,t
| ,.,f,rrs tu Freedom. The matruD2 o! l;",Hci
INJURED their Jewels into the treasury TOR ih1 pto'
Ier.uce the wives of Prussia, who, WIN u';n ', '
tiu.cr., clothed their def nders against re" ~
] sim: the mothers of our own reFoluli"h " So
forth their sons covered over win prayers "nu
ipys IN combat for human rights did nothing "' sen
sacrifice tr.r tan did these women on inns Occasion,
| We're the whole history Of South Chr"n'H oI"'.s"
out uf exs 'ep"e from itf very beginning uo"" W l
day of the last election of the sent1'r - EE Le'e".
semi ON this floor civilization might oEG--i u" moi
J cav how Iittr-but surely less than II mas "irea"y
gained by the exumple Of Kansas IN ITS Va'aH' s'rHI
gle against OPP ress0n and III Inc deFe"p'he' VI
| new science Of smisfGii2n. Already III hI"Ienoe'
alone, there newspapers ahh SooiS' I","u:,'|
biyh school, and throughout This IGfsG. crt'"iS
:herc is more OF mature scholarship, III proPhNof u
its ni,. Litsus. Than i'll all South Chr"i'ni' an MI
| tell the egua;.r IhHt Kansas, welcomed a. fe;
Siatc will be niiIi-torA. angel to the repuo.r'
when South Carolina IN tho c!1at - G'Ki'ce' WIN"
she hugs lies bowling"
baton uT Mr. sllnner aud, indeed, after being cor
rected by him Tor The trsss most probably Us IL l.
universally conceded, that /. ds o,3lITaly cuhctN
I'd G;d uttered, with View TO publication Il: "h'
forrp, pl;mi,t aud published. The Senator from
South Caroliia vet H., eut. in the State 0i s. Caroa,
wh.p the speech was arlivyf.l ard published, aud
his rui-;!pp: Mr.. Brooks, rep"sn,tE.!t rem 'ha
| State went mi, he Senate Chan. Der sud AFTER Inc
ndiurnmeut Of the sen-te, told Mr.. Simmer he had
read his speech carefully Ne n:. if i'ie ioe upon
M, State aud the insult his frend d. ett u 10 Dc
! his duty to puu:sh him, and he did punish li. "
sever. lo.rIng II will be readily conceded thai
! the language of Mr.. Sumner exceeds IN "osceh'y'
vy yulgarIIy, excess Of Nituperhoh h!n cuh.eesT'
snytlEs l%"r sad III the nate before uIe'I upn"
/ some occasion, By TON Benton or Foote, and gave
! ample cause for Gny" rplcTtma"t and punishment
which Judge Butler might GhuDJe 10 L"sto" upon '"e
author of il. Aud for the purpoas Of sir i"I SS
principles involved. ehall consider, al h:s!' juuSt
Butler 90 tks Ihnning party, and ascertain whh' re-
I,nns he and Sufre .cJ To each other, and to the
Senat- andits privileges. 70 20 Ns properly, II Is
necessary 10 ascertain first the posi!"L os = sum
n.r Z member of the Senate he claims s!ic teh
.s; of tie 9th e,:n of the first article oi the Con,
stuun, which provides, iLrt members shaIl III oil
cases exc .pt treason felony dag rre$c; Of the peace
be privileged from arrest during tier stta4escs al
the session ut their respective HOUSES ana gong 10
aud returning from the game, and for any speech OF
debh,. IA either House tbey ShGl not be questioned
IN any other pias-." Sow. the frst hing ~ DC Gone
m order 10 correct co.agsou, Is t. GHGert@i Tie
meaning Of this clause. And hfs What artihe causes
tor which q member may be arrested; rFth III TIE
H;"se! =, ,,.,
If nj ali, sni d. yet think at all, if insisted That
# Robinson and Keeder .GI., tsen guilty ct treason
Sumner is at least an accessory Ue,"r to i'ct IN the
very speech, part Of which has been citsd'
=. Felony.
idea that breach al ig reace does not occur rnt'l
n blow is struck. But Tits 10 ...;s'ake-a breach
OF the pcac. occurs either by blow. or ptst.""ioh
10 srikr or the of provoking ana l'SHit'hg "i'
i. %
eiicr; Tor eyer The cunul,y Ivy when iorb'd7 man
To strike for words, does not !ea?e ': tongue oi
r;bg! intent to vent, lin Mr.. sumnrrs cbG"" SD
guage ~ LOG e*pect,rntnm' "m "r.I h, "p -,
the pence. See Black. Cou.iE icc. E"1 Is Wilkes
, Wilson, lj7 Storys Comm. Oh tBe S"2SHtf'nh'
3LS Ha,selI, 2D3, 204
A libel, then, is breach of the peace, for which
me- her may be arrested aud against which, therc
fore he ;,aa NJ privileges for, Judge Story properly
ami vi h vrc,iiibtLe suirrks. ia the ID volume oil ms
commentaries Oh the GOiI.tnton, pa@e 80: III
would be monstrous that any lheii,dei si"Hlt pnecl
himself from arrest or punishment Tor h'. 80
or IN. of the deepest magDty and mischief %liio ne
would 10 4: a 10 arrest the pettIesl assiu or r
most Significant b-aac If the peace. Gan Il ''t'e
be conceived TO which tile T:rt: OF ms ve,'ernne
iurlst would apply with more !"rre 'h:,! 'H's "H
,y.r bel greater more malignant and n:'GiiltH"a9
hmm that ri Sl:nurr upo,i the State o S"u'h Chrn'l
na uud her verern!is sr.a,Gr! WI The people OF
Massachusetts listen 10 the %prds y tar iUns'rlus
Siury! VIII they listen IL The COUNSEL ~ n;et ~"
eminent hurst End adhere 70 the right and inc C"A-
-uuriu or 90 ofahy ,nier the cries OF The craven'
rroucIlmg slanercr, and FIi! dG~RtA Tempe over
their own heads
So much for the privilege from arrest. H." ia ncst
CONSIDER the guarantee OF the liberty OF Speet"'-
What is the speech guaranteed The language "i
the Constitution is, that for any speech or teo"e'
III elihcs iiurza they shall not be questioned III any
other place., siCSli. thlt The words 'speech OF aI
Uate," Used as synonymous and fhe speech ""'"
~, s.iF
or used IN 'debHte," for otherwise the wcrd any
would mean every" and ii acuward!y vulgar mem
Der choose 10 rise III his place, aud utter any mere
waEluu sUnder, ins in committee of the wh"Ie u'iy
thing may be dISGussedl which he pleased, ne c""'I
cIum his .prycg. tn do it. and thus privileged
class of the description, ana grstoc; acy 'ne
most nsul-rable, aud Yet the most vulgar "oet Dc
established.
l22 after quoting tho clause Of the Constitution pe
fore nrntinncd, adds "l;ut this fright OF speech)
is restrained to things done in the lloEse IN farla'
meutary course, for he is not 10 haze the prlVege'
'contra moron Pariamentnr'"m, to exreeu , ine
bounds Limits Vt hi, place sud duty, and Tor lhs
he cites the English Parliamentary authorities
What, then, Is "sec"ndem morrhn ParI"nmrn"''nm';
and when due. member exceed the "llnts vi Ills
place aud duty !! :.
These Questions have been already answered IN
part by the authorities which have been cIieh' our
they will be more fully and clearly answered ny ,u
thcr retercgce TO the parliamentary law. LII thal III"
il is lad doEE =;
"No one is to spea4: impejinently, or beside me
question: or supertuuusy or ed.uu-iy 1T, to dsress
from the matter To TALL upon the person. by sp"nhhs,
rsving, nipping, or unnnunery words against
particular nicpber.
"The consequences Of measure may be repr"Da,t
ted IN strong terms but 10 arraI,n the motives W
those who advocated il, il personality aud against
order. QHi dfgrcdttHr a Matsrid al PrrWHdR' Mr'
Speaker ought to suppress. Sec Jrilersons Manual
l39, 40
The following propositions may be affirmed, theh'
as fully established, viz:
| Mr.. Sumner, by his assault upon the state OF
South Carolina and her Senator, violated the order OF
| debate and acted contra morem pari'dmsm'"1-
nm"
= That in that he was guilty Of libel upon me ,
n.n,l. eyprv tnuu of South Carolina and especially