Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1882-02-09
AN OBSTREPEROUS SENATOR.

| Senator ElShDurno, OF COlleCOu cOuNIy, ]
he did fail in his attempt to divide the Democ
racy of South Carolina on questions likely tt
arise from the enactment Of the stock law, ant
if not making brilliant record in the legisla
tive halls as an astute Senator, is certainl.
acquiring an unenviable notoriety by demon
strations at the State Capitol more becoming
a border ruffian than one vested with Senate
rial robes and representing an intelligent ant
influential constituency. From the Charleston
Ners and Courier and the Columbia Register
we condense the following account of his ex
ploits
1t seems that his first violation of Senatoria
propriety was on the 29th of January, when
in debate, Mr.. Smythe, of ofCharleston, replying
to remarks of Mr.. Fishburne upon the bill Civ
ing the Eutaw Phosphate Company the righ
to build a tramway from their works across
and alonga certain public road, said, ''The Sen
ator from Colleton has acknowledged, Mr.. Pres
ident, that he does not know what he is talking
about" This brought Mr.. Fishburne to hi
feet, and he excitedly exclaimed, 81 acknowl
edged no such thing. That is false.''
| Senator Smythe, after pause, said that in
SO IdT DIS VI SClloVOA AiOba NoAAS
ton was an affront from the Senate, he left il
in the hands of the Senate. But in so far as
it might be held an affront to himself, he haG
only to say that nothing could insult him that
came from the Senator from COlleton. Mr.
Fishburne retorted that he considered the
source whence the remark came, and Mr.
Smythe proceeded with the question under dis
cusSiOn.
On Monday following, after the adjourn
ment of the morning session of the Senate,
but before all the Senators had vacated the
Senate chamber, Mr.. Fishburne approached
Mr.. Smythe and demanded retraction of the
language used by the latter gentleman in his
remarks on Friday. After an alteration OF
words, Mr.. Smythe, in mannerimplying that
his answer was final, reiterated for the third
or fourth time that he had nothing to with
draw, and even if he was inclined to do so, he
certainly would not do so undera threat, OF in
compliance with a demand.
To this Mr.. Fishburne replied, "Then, sir, do
I understand you to say that you do not with
draw your remarks? Let me understand you,
sir! Do you refuse to withdraw what you
said in the Senate OH Friday am deter
mined to have categorical answer, sir, and l
propose to use brute force, sir, to compel you
to give me an answer. BY your tricks Of law
you have prevented me from pursuing the
course usually adopted by gentlemen in such
matters, and am determined, sir, that you
shall not pass through that door without
giving me direct answer, unless you pass
over my dead body"
Senator Smythe taking up his papers made
a movement as if to start from his seat, and
Senator Fishburne again said "Do you with
draw what you said, sir 1 am not armed,
but propose to use brute force to compel you
to give me an answer one way or the other. 1t
you refuse to withdraw your words l will then
know what to do'''
Senator Smythe, who exhibited little or no
excitement throughout the whole of the very
trying and disagreeable scene, placed the tips
of his fingers in the side pockets of his pants
and repeated, "that whatever he might do un-
der other circumstances he did not propose to
be influenced by threats"
At this point Senators interfered, and it was
thought the matter was satisfactorily settled,
but on Monday night, Mr.. Fishburne renew
ing his bellicose propensities, on the affidavit
of COL Edward McCrady, Jr., of Charleston,
Trial Justice Marshall issued warrant for
the arrest of Fishburne. After Fishburne
was arrested and conducted to the office of the
trial Justice, on the affidavit of Gen. James F.
Izlar. a warrant was also issued for the arrest
of Senator Smythe. With this warrant Sheriff
Rowan proceeded to the State House and send
ing into the Senate chamber for Mr.. Smythe,
upon the appearance of that gentleman, served
the warrant in due form. Accompanied by
Mr.. Smythe he made his return to the magis-
trate who read the warrant to Mr.. Smythe,
telling him that he would be released on a
bond of $4,000 to keep the peace. Mr.. Smythe
then left the office in charge of constuble to
secure his bondsmen and pending further pro-
ceedings in the case Col. McCrady and Gen.
Izlar appeared before the trial justice and for
mally withdrew their atfidavits, saying that
they had only been actuated by desire to
keep the peace, and that as they had been in
formed the difficulty could be amicably adj just-
ed without further intervention of the law,
they did not feel warranted in pressing the
matter.
Senator Fishburne objected to this mode of
procedure, and asked the trial justice to give
ruling upon the question: If after having
been charged with an attempt to commit a
crime the charge could be withdrawn without
full investigation of the offense charged in
the affidavit. lie said that he had been drag
ged from his bed and paraded through the
Streets of the city in charge of the sheriff Of
the county like common felOn, and he want
ed to know if, after having been subjected to
such ndignity, the charges against him could
be lightly dismissed upon the mere request OF