Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-17
Announcement of His Death
Recalled.
Mr.. MURPHY'S STORY
SENATOR FOSTER ON THE SUR
JECF OF DUELING.
He Objects to the Resolutions-Sen-
ator Toombs Defends the "Code
of Honor"

The incident concerning the manner In
which the Senate received the news or tpe
death of the late Senator Mitchell of Ore
gon has passed into history and In wears IN
come may be cited as basis for similar
action. But during the cloak-roon discus
sion of that incident there was little or no
reference to somewhat similar case that
occurred in 1890. when eulogies were being
pronounced on Senator David c. Broderick
of California. who died from wounds re-
cefved while fighting duel with Judge
Terry of his state.
1t happened that this incident occurred
on the first day that Mr.. Edward V. Mur-
ply went into the Senate chamber as "A
stenographer to assist In reporting the pro-
ceedings of that body. Mr. Theodore +.
Shuey and Mr. Murphy have for years been
the official reporters of the Senate Mr..
Murphy arrived in this city for the first
time February IL, 1860. That was on a
Saturday night and on the following Mon
day morning he made his appearance In the
Senate to assist in the work OF reporting
the proceedings.
Mr.. Fosters Objection
I'm accordance with custom" said Mr..
Murphy yesterday, IN recalling this Incl
dent, Senator Henry p Hassen of Calf
fornia. on February 10, 1860, announced to
the Senate the death of Senator Brodericl1
and the Senate proceeded TO pay tributes
to his memory. After several addresses or
the character generally made on such coca
sions. Senator Foster of Connecticut sub
sequently president pro tenn. Of the Senate
and the only president pro tenn whose mar
bic bust adorns the Vice Presidents room
at the Capitol arose.
Senator Foster spoke briefly on the phi
vate and public character of Senator Brod-
erick and then entered a protest against
the Senate paying honor to a man who had
lost his life as the result of a duel. In vio-
lation Of the laws of his country.
Life taken in a duel said Senator Eos
ter, is by the common law murder. Fight
ing duel Ia a criminal offense, believe.
In all the states of the Union, punished III
different states with different degrees or
severity. Very serious disabilities are an
nexed to the offense in many states. In this
District by a law OF Congress of 1880 the
surviving party and all persons concerned
In duel in which either party IS slain or
mortally wounded are deemed guilty or
felony and are punishable by Imprisonment
In the penitentiary at hard labor for any
term not exceeding ten years
Not Ready to Recognize the Code.
''The senator gave further details OF the
manner In which the law regarded tho
crime of mortal dueling al that day. He
then announced that he was not ready TO
recognize the code OF honor as a higher
law than the laws OF man and the laws
of God. He said when a man dies III the
direct ana WlIlIuI violation Oh tHe knuNu
laws of his state, his country and his God,
however dear to him he may have been.
he could join in no public tribute OF respect
to his memory.
cit is idle to enact laws he said; 1t is
foolish to expect that they viii be obeyed,
IF those whose last voluntary act in life
IS to violate them are publicly honored as
heroes and martyrs. With no disposition
to war with the dead. or to give unneces-
sary pain to the living, must vote against
these resolutions -.rs-4
After this unusual and unexpected Incl
dent brief address eulogistic of the dead
senator. written by Senator Wade of Ohio,
was read by Senator Foot of Vermont, in
the absence of Senator Wade, Senator Foot
announcing that he fully concurred with
the sentiments expressed IN Senator Wade's
address,.
Senator Toombs' Defense.
"Then Senator Toombs, one of the ablest
and most extreme of the southern senators.
after an eloquent tribute to the memory OF
Brodericlt, closed his address with a de-
Tense Of the code of honor the last per-
haps ever uttered on the floor Of either
house of Congress.
81 think no man under any clrcum-
stances he declared can have a more
honorable death than to fall in the vindi-
cation Of honor
1.-THE records of the Senate up to that
time and such has since uniformly been
the case, on the conclusion Of such cere-
monies. show that the resolutions of re
spect were agreed to unanimously and the
Senate adjourned but upon that occasion
unanimous consent could not be obtained
and so the record merely reads:
1.-The resolutions We're adopted and the
Senate adjourned