The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1860-05-19

NuRpKR REwARDED--The appointment Of C1l-
houn Benham 10 the Office Of District Attorney
for California Is one Of those acts which pass be-
lief. whether regarded % evidence of utter fatu-
ity or Of cool contempt for al decent public
opinion Il Is an act which even the worst ene-
INV of Mr.. Buchanan would mot have dared to
ask him TO do desiring to hasten him TO his ruin.
Il Is mot incomprchensible that man simply DIES.
ti,ute Of ability, wanting in every qualification
for certain oficer.s should be put il that very
place hy the President o. the 6rst opportunity
but that q man who had been conspicuously be-
fore the country ~ breaker Of the Law, and ac-
ceesory to . murder whose details he had assisted
to arrange should be selected for position the
first duty connected with which is to punish the
offending and to keep vigilant eye upon the dis
orderly, to the end that peace and quiet and 80
briefly may reign-thls puzzles the brain.
While it should not be charged upon Mr.. Blu
chanan that he deliberately plotted the murder
Of Mr.. Broderick, yet there appears to be no
doubt that he had certain preferences, to use a
mild phrase indeed. duel was imminent be.
tween Broderick and Terry-had long been immi-
nent Broderick was thorn In the side of the
Administration it was probably natural and hu
man for the President to prefer the death of the
Senator to that of the Judge if one must go
down. The duel took place the pistol of Mr..
Broderick was psematurely discharged; with de-
nDer4yc
man. There were two seconds on each SIDE; one
of those who acted for Terry was Calhoun Ben
ham.
Mr. Broderick died, was buried; the country
shvered little, then seemed to forget the bloody
deed of that September morning. A vacancy
occurred in the District Attorneyship of Califor-
nia-some say vacancy was made; one of the
seconds in this duel to be selected to fill it.
But which shall it be? There were four, all
equally eligible, so far as completely in muir
der constitutes eligibility. Two were immed-
atey eliminated from the list of candidates; the
seconds Of the dead Senator Of course couldnot
be intrustcd with the administration Of the laws
The question being thus narrowed, it remained
only to examine the record to determine between
Calhoun Benham and Thomas Hayes, the men
who assisted the Judge in his sanguinary act
The record was looked into; the history of the
duel was followed step by step; every thing was
quite en- regs the ground was properly measur-
ed, the positions taken, the pistols selected. Up
to this point the qualification Of each second
seemed to be equal; to be sure, it was a good
point made when the weapons chosen were hair
triggers things which Broderick knew nothing
about; which had been the daily playthings OF
his antagonist But this advantage seems to
have been taken by the Judge himself, and how
ever strong an argument it may be for his eleva
ton to a higher seat on the bench, it could not
help his second.
Looking little further into the history, there
was light for the appointing power, the Head of
the Nation. Il Is ono Of the customs of the du.
for second of each combatant to examine the
the body of the other principal, in order that no
coat Of mail Or similar obstruction to the com
Portable passage of the bullet shall be concealed
there. This is usually but mere form, delicate
ly done, courteously suffered. The second OF
Frederick barely touched the breast of the Judge,
then bowed and withdrew. Calhoun Benham,
who with alacrity stepped forth to do this pleas
ant office. "fM The breast, abdomen, and sides Of
-" Mr.. Broderick @iM scruialous care" thus prefa-
cling deadly fight with cowardIy, singing insult,
The administrative eye may be supposed to have
glistened when this fact shone upon it. The
question was decided. The official was found
The ''serupulous care" turned the scale. and
Calhoun Berham entered into his reward-[N
Y. Tribune.