The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-05-29
vHuRTY-EUDxaTH OOH0HEsa,
yTysrr DKg6lON,
WASHINGTON, Nay 26, 1856.


YHn INVESTIGATING SUMMER CASE
Mr.. PEARCE fns iona Of Md, from the Select Commit
tee to investigate the facts attending the recent assault
on Mr.. Sumner reported In writing "a follows
That from tho testimony taken b. them appears that
the Hon. Preston S Books Q member OF the House Of
Represents from South Carons did the ed day
Of the present rnth after the adjournment Of the So
nate, and While Mr. Sumner seated at his desk In the
Senate chs noer assault him with considerable Violence
striking him blows and about his head with
walking Stick, VIII CHI cut his head and disabled him
the time berg from attending TO hts duties in
nate.
The of the assault certain language used by
Mr. Sunrer IN debate ths Monday and Tuesday pre-
e1ing which Mr. ooks considered ibeons Of the State
If South Carolins and sIsncerous Of his knsnAn Mr..
Butler Senator frog that State who was absent irons
the Senate sna from the city.
The committee forbeAr to comment upon the various
circumstances which preceded and attended this affair,
whether Of aggcavaion sxtenustion, for reasona
which will be sufficiently obvious in the latter part Of
the report They have examined the preesden for this
action, which re fund only in the proceedings Of
The House OF Representatives, the Senate having
been called on 10 prorounce its judgment In . similar
In the House If Representatives, though different
opinions have at various times been expressed ny GENTLE
men Of emiuenoe and ity-snong whom may be mem
oneo the late President Of the United States Mr. Polk
the late Judge Barbour Of the Supreme Ceurt and M
Beardsiey OF New Ik-ys The judgment Of the House
has svavs pronounced al sassuit upon member for
words spoken in DEBATE to DO violation Of the privileges
OF the House. The comm tee do not consider 1t
~ to dcuss the question at but to state
SINE OF the nreseesn. not conforming shsn however,
In March, 179e, Mr.. Baldwin, member Of the House
respondepce betw himself and General Gum, Sens,
tor from the State Of Georgia including challenge
. committee, OF which Mr.. Madison was chairman, Who
reported by their chairman that the breach
Gun ana Mr. F'e,nghoyssn Senator from New Jerss1
by whom the obsehge hA bssn borne.
In May, 1928 personal assault hs viog been made by
Mr.. Russell srvs upon Mr.. John Adams the private
Secretary Of the President just after his delivering
message he House 0, Representatives, and while On
his way 10 the s. wi message, the matter
was, on comp amt Of the President, referred
TO select CON nastee who, by Mr.. McDufe, Of South
al the ccunstspces The c'maittee are Of the opinion
that the assault committed ~ Mr. Jarvis upon the prf
yste Secretary Of the President whatsoever have been
the of the provocGon act done in contempt
Of the authority and dignity OF ~ nouse.
In 1892 the House Of Represen atves after long trial
Houston making personal assault on Mr. stansbury
q member OF the House, for words spoken In deb,te,
was guilty Of contempt and violation u the privileged
The committee acknowledge The force Of these prsoe
denta and ADOPT the reasoning quoted from NJ McDnfdss
report Blu, whue it the opinion OF the COMMITTEES
that this Assault bIeaah Of the priviea Of the
Senate they ao Thu tins. Is not within the jusdc
House Of ives Ct which Mr. Beoois mem
Der. This op nicr is in strict conformity With the recos
nized psr)iane mary law.
houses Of Parliament themselves redress
OF 4 ~ breach s q priv gs Sae ess IN s y
mode Of p,oseduis is to essmine he sc.s
person ccmpsnsa SisIsI member 6 hars pp ~
Mr. Jefferson, In his Sanuai Of Parliamentary Prac-
tice." prepared BY him, lays down the following rule;
oacer ohsr bu! should ssme.ia The House Of
which be ie member, and leave the punishment 70 hem
L., tt,4ysx ~
Senators and Representatives will shew the soundness OF
this rule of Parliamentary law. The constitution pro-
vides, (Artioe first, Section sixth):-
That, &c But the Senate IL not oourf
crimI d iudisaure empowered hesxcsped offences
cannot take coenzance q breach Of the peace as such
and d he sa.es IN anch The privilege from arrest excepted
The Senate, therefore, for bssach Of its privilege,
cannot arrest member Of the Honse Of Rspresena
anda fortio,i-it caDno. try and punish him; Inst au-
thority cevoves solely upon the House Ct which he 10
that Senate proceed further in tho present
than to make complaint to the House ofRepresen
Preston s. Brooks upon the Hon. Charles Samner,
Senator from Msssachuse.ts.
The committee submit herewith certain aft Savits taken
by them in the csse and the following ut nj
,os; TIT seSy n It b s1d ns
The report was accepted and the resolution adopted,
Senator rocmbe, Of Georgia alone voting in the negative
TIE RIvBR nARBoR vEroEs
Mr.. MASON, (dem OF Va, defended the Presdent's
veto of the bill for the Improvement Of the mouth OF the
Adjourned.
House OF Representatives
WASHINGTON, May %, 1856.
MORE BuIs-A MILLION ACRES GIVEN TO LOUISIANA.
Mr. THoRE6ToN. of Iowa, introduced bill giving lands
to Minnesota Nebraska and Kansas for rsilf Dads.
Mr.. CARu1HERs OF No., intr duced bill cedpg the
public lands to the States in which they he.
Mr.. BENNETT of N. Y, from the Committee on Public
Lands, reported bill to ant ore milf n acres o. land
to Louisiana aid in the construction Of three railroads
in that State.
Passed--62 against S.
ABoTnIoS COURT OF CLAIMS
Mr. GREEN Of Ark, introduced bill for the re-
peal OF the act establishing the Court Of Cai as.
PROPOSITION ADJOURN DEFEATED.
Nr. FLORENCE of Pa, moved that when the House Ad-
ouIp It be TIL Saturday He believed many gentlemen
intend to leave this evening for Cincinnati
The motion Of Mr.. Florence was negAtived.
TERRITORIAL BUSINESS.
Mr.. GROW Of Pa proposed that the Committee ON Tor
rioies be allowed to make reports not however, 70 DO
considered until afer the two pproAchrg conventions
Mr.. JONES, Of Tenn wished 70 know whether Mr. Grow
desired to report bill to admit Kansas with the Topeka
consitution.
Mr.. GROW replied in the affirmative.
Mr.. JONES objected
Adjourned.
The Assault Upon Senator summer Endorsed.
COLUMBUS, s. c., May q, 1856.
large number Of citizens convened here this evening"
in pursuance of call for meeting to sustain Mr..