Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1856-10-29
To the Editors Of the Louisville journal:
- SAVANNAH, GA, Rug. g, 1895.

list might have been almost tWte as large bu,
for one error you have committed recently, and
I trust YOU will permit me to reason dispassion.
ately with you about that erroI because, while
l utterly reprobate the course Of those members
of our party who refuse to sustain you because
you have offended them in the premises, never.
theless I cannot endorse your cbnrse, and, with
your permission, will succinetlE state the rea.
sons that impel my Judgment te repudiate both
your conduct and theirs It issto your severe
structures against Col. Brooks,S IF s. c., alude,
and you shall soon see my obiactions to them
rest on higher ground than sectional prejudice
or sympathy. In the first placa what did Col.
Brooks do? He committed agfassault and bat.
terry on Senator Sumner Whstes In the Sen.
ate Chamber after the SenatdEhad adjourned,
WHY did he do it? Because Sumner had out
ragged decency, sunk the dignity .of the Senate,
and degraded the American chatacter by the ap.
plication of epithcts opprobrioas. and Insulting
to the State of South Carolins and TO one Of
her venerable Senators who Yas the kinsman
of COL Brooks, and moreover a6sena at the time.
Wherc occurred the first blunder in the record
1t occurred when the PresideR of the Senate
allowed Sumner to use the language he did
without calling him 70 order. Sarely this was not
the fault of Col. Brooks. Nok let US review
the position of Col. B. He isa native son of
the Palmetto State. He vast his post in the
Lower House at the time. Itss not mountains,
Valleys plains, rushing riversSor silver lakes
that make State-but her laBs and her people
their mental, moral, and physical attributes,
principles, and idiosyncracies.
When you denounce STATE you denounce
every man and woman in it. SCol. Brooks had
heard the wife of his bosom,sthe mother that
bore him, his consanguinity aud affinity, his old
school mates, and bis companions on the tent.
ed fields and embattled plainE Of the tropics,
where he followed the stars md stripes" (when
| Sumner was at homo studyngb gbillingsgate rhet.
orc, it may be, with which toaraduce and yillifv
South. Carolina), his "old friends and true
friends" and though " last not least" his con.
fding constituency, all at ore fell swoop de.
nounced and held up to the eSecration of man.1
kind, under tho dancing spasgles of ridicule's
attractive phesRhorcscence. Now what is he to
do? He is young. He is brsYe. He is noble.
Like all other young, brave, aha noble men, he
has sensibtics. The Parthien arrows of Sum-
ner are ranking in his bosom. What his i'm.
pulses are all may imaginess5ut what are his
duties and his rights, moraIsSand legal? This
requires US to look for q moqent into the organ
ization of society. Society Aas;its appropriate
tribunals to take cognizancss Of all5 issues of
ethics or law, of eithera pGblic or private
character. They are four. phe first three are
the Equity, Common Law, gb;ss;Ra4 E4azsai
Of boasted iasfttaa,i id sn can be tried twice
for the same offence, in any form or forum, and
no two tribunals can obtain jur. diction of the
same case. When Equity gets jurisdiction it
keeps it, and Gusts the jurisdiction of the Com
mon Law. If man commits murder with a
club the offence of assault and battery is merged
in the homicide, and when he is acquitted or
convicted of the latter, he cannot be afterwards
indicted and tried for the former offence. In
all cases the maj jor merges the minor offence.
This is wise and well were it otherwise, malice,
a6etted by capital, might wear out the existence
and consume the resources of innocence and
poverty-makc life 4 curse and justice mocke-
ry. Of what cases has public opinion jurisdic-
ton? Only such as no other court can take
rognzance Of. This is tho proper Interpretation
by parity of reasoning of the organization of
our Government What cases are lhoy? All
instances of moral turpitude which do not vio-
late penal statute. Any others? Nay, not
one. Why? Because the office Of tribunals
Judgment is punishment, and when that judgment
is rendered by competent tribunal it must shock
evry eexalted sense ofright and justice an honora
bic heart can feel or soul can conceive of 10 allow,
contrary 10 the letter and spirit OF our theory
of government, another tribunal to usurp juris.
dicion of the same case, and try him over again.
It would lead to 4 sacrilegious dissertation OF
The ermine by the dcmoniac spirits of fanaticism,
who would try their victim in his absence, refuse
him the right to crosse examine their perjured
witnesses, refuse to hear his witnesses, though
thew were corroborated in their truth by winged
ANGELS and divine revelations, and condemn and
execute him, il matters not what may have been
the verdict of that impartial tribunal where in
the presence of God and under The injunction
of oaths Justice may have been already amply
administered
Now, what is the charge against Col. Brooks?
Assault and battery. This, then, is msdemea-
nor provided for in the penal CODE In it all i'm
morality is merged like assault and battery Is IN
homicide when death ensues therefrom. The
criminal court has jurisdiction of it, and in as
suminr that jurisdiction which it did, it ousted
the jurisdiction of public opinion, and contrac-
ted to do Justice between the brc en- law and the
law.breaker. Let US return for moment 10
the rights and duties Of Col. B. in his unPleas..
antly delicate position. Had he been insulted!
| If he was gentleman, and worthy OF That SOIL
on which the light of Heaven first broke upon
his infant vision, ,'o had Sensitiveness of hon.
or and State pride ar the heaven-born instincts
of the lofty soul. !. it criminal to love your
mother? If it is, let US sail curse and quit !"
Who planted that love in our heart? Natures
God. What for? Wiser purposes than you or
wot of; but in it there Is religion. It's pecu-
liar to no race, Glass; or sect. If it is nm lnfrm-
ty, il is a bright one. md has outshone the best
virtues that have struggled in the darkest ages
to redeem the most depraved and adorn the
most exalted nations. 1t burns in my heart ut
tb;s moment. I never hear the crack of rifle
thnt it does not remind me of the glory of our
sires. Kentucky, "my own, my native land"
there arc but tree things on this earth l love as
well-the wife of my bosom, the offspring she
has born me, and that honor of my soul and
character that is necessary to their happiness and
Tint of nv own. The man that sneers in my
nrssence rras at the ozark and Bloody Grounds
beromes at that moment the outlaw of my con-
tsmnt. This proves 10 me the perfection OF
Gods work, and his design that the love OF
sno,s and the emulation of races should rebound
IN The erection of governments, and the perpe.
tnitv of .salutary distinctions in the human
family.
The love of Col. Brooks for South Carolina
,b.t made him return the blow given 10 her is q
v;rtne too noble and TOO fresh from the halow.
ing breath of Heaven to endure the contact OF
5 ar5oveling sentiment of any imaginable descrp.
lion, and in his bosom, on my soul, ! do not be-
lieve dishonorable purpose ever folded its raw
on wing, But by whom had the indignity been
|, ofFered A.uoung man, bis superior in athletic