The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-10

Mr. Perey 10 desire you to address any answer you may
have to make to his note Of to-day 70 Gen. Kewen, in
stead Of 10 Gen Kewen will await your answer 1t
my office at the hour designated 5. II. BROOKS.
BROpERIcKs REPLY--HE ANNOUNCES HIS FIGHTING
PLATFORM.
SAN FRANCISCO June 90, 1850
u. W. PERIEY, Ho-Sir--Your challenge of the eth
inst handed TO me last evening by Mr. S. H. Brooks
This morning, between seven and eight O'Clock of
the servants at my hotel informed that two gentlemen
were below who desired TO know il l had rsen told
the servant to say TO them that had The servant
turned with note purportng TO be signed by Mr. Brooks
informing me that Gen T. j. c. Kewen had arrived and
desiring me TO address any answer designed 10 your
challenge 10 Gen. Kewen instead Of " Mr. Brooks This
mode oi procedure was so unprecedented that had
but TO decline the recognition Of any coming
under the circumstances by the hand Of servant Sub
sequently Mr.. Brooks and Gen. Kewen called IN
person. AT this interview the committed in sending
note by servant nee corrected. Two days have
ELAPSED since the alleged insult was given II had been
inclined TO recognize your right to demand satisfaction,
you have placed it out Of my power 70 do SO by the publ
city you have given 10 the matter
When affairs OF this kind 10 be arranged it is custo
mary TO keep them secret from intimate friends
While have refrained from making mention Of the af
fair find il to be TIE subject Of newspaper comment and
the theme Of public conversation.
You knew, AZ the time you searching for gentle
man to bear the challenge that would not be accepted
informed you OF the the time the alleged insult
offered in the presence OF gentlemen, and in Ian
euage that could not be msinterpreted
Your own sense Of proprety should have taught you
that the positions relatively occupy different
TO forbid my acceptance of your challenge IL is but
few days since made oath that you subject OF
not therefore affect your political rights you
citizen Of the United States.
For many years, and up TO the time Of my elevation to
the position now ocGuy, it well known that would
not have oided any issue of the character proposed
compelled 10 accept challenge, it could only be with
gentleman holding position equally elevated respon-
Hblc, and there circumstances which could induce
me even to do this during the pcndcncy Of the present
canvass. When ] authorized the announcement that
would address the people OF California during the
paign suggested that efforts would be made to force
me into difficulties, and determined TO take notice Of
attacks from any source during the If were
to accept challenge there probably many other
gentlemen who would seek similar opportunities for hos
tile meetings, for the purpose OF accomplishing political
object, to obtain public notoricty. cannot afford
the present time to descend to violation of the constu
ton and the State laws to subserve either their your
purposes
Your efforts to give publicity the fact that was your
intention to send challenge would Justify me in Civ
ing copy of this reply TO the public Circumstances will
D. c. BRopERICK.
MANIFESTO FROM KEwEN.
SAN FRANCISCO, Cal. June 20, 1859
Hon J. C. MCKIBBEN:-SR-The letter addressed by the
Hon D. c. Broaerick to Mr.. d. W. Perley through YOU
TO myself the friend OF the respective parties in res
ponse the demand for satisfaction on the part of Mr.
Perley, is Of character wholly inconsistent with the ex
pectatiOns Of the last named gentleman Deemng him
selfo have been grossly and wliuy nsulted, under
cums'ances where immediate resentment would have sub
ected him to the censnre and oboQuy Of honorable men,
he had no recourse but to demand that Mr. Broderick
should repair, in the manner recognized among gentle
men, the injury complained Of
The response Of Mr. Broderck has disappointed the
reasonable conviction that he would have explained
the unhappy differences which exist, that he would
have met the consequences in the manner indicated by
Mr.. Perey's note.
In relation TO the substitution of myself for Mr. Brooks
as the friend of Ar Perey, regret that Mr. Broderic
has thought proper to make the circumstances Of that sub
stution the subject Of comment At the time Mr. Brooks
waited upon Mr. Broderck it suggested the former
that the delay the part of MIR. Perhy owing the
absence Of friend in Sacramento who expected by
the evening boat Almost Immediately after the arrival
of the Sacramento steamer Mr. Brooks your presence,
inquired of friend of Mr. Broderick if he in his
apartments anu could be seen, VIXEN answer
turned that his dark and the probability was
that be out or had retired for the night At early
hour in the morning Mr. Brooks and myself called at the
Union Hotel for the purpose of waiting Mr. Broderick
and informing him that was the desire Of Mr.. Perey
that should be substituted his friend in the place Of
MIR. Brooks. The servant Of whom inquiry was made,
returned with answer that Mr.. Broderick had not
arisen Inas much early hour had agreed upon
for the reception of Mr. Brodercks response Mr. Brooks
deemed advisable, without disturbing the repose Of Mr.
Rroderck to acQuant him with the fact of my arrival
the friend Of Mr. Perey and to request that his
ncaton De addressed through This accordingly
done in note which he despatched through the servant
stated; and il was simply mpar information of
fact already indicated and having relevancy the issue
involved farther than notice of substitution Of names,
was not considered by Mr., Brooks objectionable
breach OF courtesy etiquette. When, however, you
suggested, the part Of Mr. Broderick, that you
unwilling TO recognise the substitution in that shape,
readily appreciated objection and accompanied Mr.
Brooks for the purpose of remedyng n person. the cir
cumstances which Mr. Broderck gravely alleges to have
been The explanation having been salts
factory the substitute accepted must confess that
not little surprised at the display which trivial
an inadvertence should have occasioned.
The principal ground OF complaint, however, the
part of Mr. Perey is that Ar Broderck Should refuse to
accord to him his friends the opportunity privilege
of redresspg wanton injury. He is unable to recognise
the principle that the fact of foreign birth should subject
him TO wful insult and deprive him of the ordinary
Of redress He recognise distinction Of o
cal position or otherwise which enables man with
impuny TO ampe upon the feelings or outrage the sen
sibties of another. It is not every upon whom for
tune bestows the elevated position of Mr. Broderck and
not to be Senator no crime which imposes the alcna
Mr.. Perlcy is not gentleman; and even if the response
OF Mr. Broderck had gone to that extent, his friend is
relieved from prosecuting the demand by the expressed
determination Of Mr. Broderick not to foean
less dgncd responsible in official position than him
self This positive declaration disarms resentment and
leaves Mr. Perey alternative but to anticipate the sug
gestion Of Mr. Broderck, and allow candid public
termine the merits Of this unexpected controversy.
The circumstances Of the publicity Of this affair, dwelt
upon by Mr. Broderck, Mr. Perey protests most respect
fully against being responsible for The occasion Of the
unpleasant difference originated in public place, and
the presence Of number Of spectators and not
prising that the insult offered to Mr. Perey and its atten
dant circumstances should have occasioned remark and
the elevated position of one Of the parties .ulcient
of itself to insure Mr. Perey believes the publicity of
his wrong and the duty imposed upon him by OF
now take leave Of my connection with this matter and
beg permission 70 subscribe myself respectfully, your
humble and obedient servant, Z. j. G. KEWEN.
Accompanying the publication Of these documents in
Of the San Francisco papers appeared the following
card from the challenger
CARD TO THE PUBLIC.
II is already well known that on Monday morning last
at the breakfast table Of the International Hotel and in
the presence of ladies' without the slightest
provocaton Of any kind, insuted in the grossest
manner by Hon. d. c. Frederick The time and place
prevented me from Immediately resenting ii, as other
wise would have done. As could procure
suitable friend to carry him message, demanded salts
faction for the insult.
Tho correspondence herewith published will show
what grounds Mr. Broderck attempts to shield himself
from personal responsibility for the outrage he has
mitec have no hesitation in denouncing his letter de-
cning TO give me the required satisfaction tissue Of
faschoods from beginning to end, and mean, quib
bling and dastardy evasion Of the whole difficulty in
which his misconduct had placed him.
have never been either political personal enemy
OF Mr. Broderick am not Interested in the success Of
any ticket did not commence an attack on him Tho
difficulty was purely and absolutely Of hrs creation
presume he thoughthe could browbeat insult bully
me- as he has done other men, with impuny. In this ho
found himself mistaken On being called to account for
his gross nsoence he refuses either TO fight apooge
shelters himself behind The Senatorial honors which
he did not fairly win but basey stole, through long
systematic Of fraud, bribery aud corruption
1t only remains for to say that consider Mr. Brode
rick as devoid Of courage he is Of principle and that