Year: 1859




ID. ". Perley Esq


SIR:-Your challenge of the 9th inst.
was handed to me last evening by Mr.. S. H.
Brooks This morning, between 7 and 8
O'Clock, one of the servants ut my hotel i'm =
formed me that two gentlemen were below.
who desired to know if had risen. | told
the servant to say to them that | had. The
servant returned with note purporting to be
signed by Mr. Brooks, Informing me that G en-
E. j. c. kewen had arrived and desired me
to addressed any answer | desired to YOUR
challenge to Gen. Kewen, instead of to Mr.
Brooks. This mode Of procedure was so un
precedented that had no recourse but to
decline the recognition of any note coming,
under the circumstances, by the hand of a
servant Subsequently, MIR. Brooks and Gen.
kewen called on me in person At this in
terview, the error committed in sending
note by servant was corrected.


Two days have elapsed since the alleiced
insult was given If had been inclined TO
recognize your right to demand satisfaction
you have placed it out Of my power to do
so by the publicity You have given the mat
ter. When affairs of this kind are to be
arranged, it is customary to keep them a
secret even from intimate friends. While |
have refrained from making mention of the
affair, find it to be the subject of newspa.
per comment and the theme of public con
versation. You knew ut the time YOU were
searching for gentleman to bear the chal-
lenge, that it would not be accepted. | in
formed you Of the fact at the time the alleged
insult was offered, in the presence of two
gentlemen, and in language that could not
be misinterpreted Your own sense of pro
priety should have taught you that the po-
sitions we relatively occupy are so different
as to forbid my accepting of your challenge.
1t Is but few days since you made oath that
you were a subject of G. Britain. The giving
or accepting challenge could not therefore,
affect your political rights, as you are not a
citizen of the United States For many
years. and up to the time of my elevation to
the position now occupy, it was well known
that | would not have avoided any issue of
the character proposed. If compelled to ac.
eept challenge. it could only be with gen
tleman holding position equally elevated
and responsible, and there are no circum-
stances which could induce me to do even this
during the pendency of the present canvass.
When | authorized the announcement that |
would address the people of California du
ring the campaign, it was suggested that eff
forts would be made to force me into diff
Guilty, and determined to take no notice of
attacks from any source during the canvass.
If Iwere to accept your challenge, there are
probably many other gentlemen who would
seek similar opportunities for hostile meet
ings for the purpose of accomplishing po.
litical object or to obtain public notoriety.
cannot afford at the present time to de
scend to a violation of the Constitution and
State laws to subserve either their or your
purpose Your efforts to give publicity to
the fact that it was your intention to send
me challenge, would justify me in giving a
copy of this reply to the public Cireum-
stances will determine my course in this re-
gard. Yours, dc,


d. G.. BRoDEMcK.