MAY 11, 1832.] Case of Samuel Houston. [H. OF R. ten queries with him, and had little anticipated that that of that people, of whom such jury, or such tribunal, must, gentleman would have taken advantage of the waiver. of necessity, make a constituent part of the whole. The Mr. McDUFFIE said that, from the perusal he had respondent has not suffered from any party movements been able to give to these replies, they appeared to him made against him by this House. Greater indulgence was to be full, complete, and satisfactory. If any misunder- never granted by any tribunal to any man brought into standing has taken place, it would seem more likely, from trial before it for any offence. During the term of twenthe knowledge the president of the bank possessed on all ty-four days, this House has been, almost exclusively, emsubjects connected with the subject of banking, that that ployed in the trial of the respondent's case; in hearing officer was less likely to have fallen into the mistake than objections to his arrest, or motions for delay; in the exathe honorable gentleman from New York. But he rose mination of his witnesses; or in listening to his advocate, or to inquire whether he had correctly heard the gentleman. to himself, in his defence. What tribunal would or could Had the gentleman said that the president of the bank have heard more, or heard all more patiently? Our pow had given replies to questions which had not been put to ers, our proceedings, our debates before the arrest, have him? not only been brought into question, but so censured as Mr. CAMBRELENG said, in explanation, that, from no member would have dared, or been permitted to speak the replies, it would seem either that the president of the concerning the proceedings of this House. Could the bank had misunderstood the interrogatories, or else had presiding officer of any tribunal have heard, from any man purposely given such replies as were calculated to place under trial, what our Speaker, with a most exemplary pathe queries which had been put to him in a ridiculous tience and resignation, has permitted the respondent to light before the public. It seemed to him that the pre- say, and to reiterate, against members of this House? That sident had wilfully misunderstood the queries. He could latitude of speech has been, I know not why, accorded to not undertake to say what had been the motives of that him, which could not have been granted to any member, officer, but it was certain that the replies did not answer under any fair construction of any rules intended to secure the questions. If the gentleman from South Carolina decorum in debate. Who of this House has, throughout would sit down by his side, and with him go over the in- this trial, abused the respondent, or his witnesses, or his terrogatories and the answers, he could satisfy him that advocate? If it were a part of the proceedings in this such was the fact. trial, required of the House by the condition of the respondMr. McDUFFIE asked Mr. CAMBRELENG to say whe-ent, that he should be indulged in pouring out on some ther the questions set down by the president in connex- of us those effusions of obloquy which the most ordinary ion with the replies, were or were not the questions put regard for the facts must have forbidden, and the smallest to that officer by the committee. respect for decorum put to silence, has he not received the full benefit of such indulgence? Mr. CAMBRELENG said that they were. Then, replied Mr. McDUFFIE, as the questions and the answers will be submitted side by side to the public, the public would be able to judge whether the president of the bank had made himself ridiculous by the answers he had given, or whether the ridicule would fall elsewhere. Mr. ADAMS stated that the separate report he wished to submit to the House on his own behalf would be in readiness on Monday next. Mr. CLAYTON said that, as the counter report from the committee had now come in, he hoped the House would consent to the printing of an extra number of both the documents. The learned advocate, and the respondent himself, have distinguished me both by their wit and their literature. Did that advocate intend to push me into heated reply? He should have foreseen the certainty of his failure. The time may have been when the percussion of genius might have done this; but in wit, as in war, wooden flints produce no explosion. I did say, "the learned gentleman had put upon the House a trifling interrogatory." This epithet, I do acknowledge, might better have been spared by me; but the truth is, and it may as well be confessed to the House, I did feel myself grievously disappointed in the management of the defence. I had seen many persons on trial, had sometimes been engaged in defence of some of them, and had heard their defence made by others, and not unfrequently by men of the greatest ability. By a kind of professional taste, thus acquired, I have been brought to a high admiration of the skilful and able efforts of powerful and accomplished minds, engaged in the defence, and struggling for the safety, of our fellow-men, exposed to danger, and on trial under heavy accusation. The House resumed the proceedings in the case of Sa-The whole nation well knows the elevated character of the muel Houston-the question being on the motion of Mr. HARPER, for the liberation of the accused, with the amendment proposed thereto by Mr. HUNTINGTON, declaring that Samuel Houston was guilty of a contempt and breach of the privileges of the House. The CHAIR suggested to the gentleman from Georgia that the gentleman from Massachusetts [Mr. ADAMS] had just given notice that a third report would be submitted to the House on Monday: perhaps the gentleman would prefer to defer his motion until then. Mr. CLAYTON assented, and did not press the motion, advocates in this District both for legal acquirement and professional skill, improved and finished in the Supreme Court of the United States, the first legal school in the civilized world. Though it had not been my good fortune to know any of those men otherwise than by fame, yet, Mr. BURGES rose, and said that other members of the when I learned that the respondent had secured to himHouse had viewed several parts of this question; he beg-self, in his defence, the professional aid of one of them, ged to be permitted to glance an eye over the whole. Do the event gave promise and assurance to me of high gratinot anxiously regret this employment of your time, said fication. In the outset of the trial, in the examination of Mr. B.; we are called to it by the case itself, in its rela-witnesses, where you instantly perceive with what eye the tion to the respondent, to this House, and to the American advocate looks at the great question, I was disappointed. people. To them alone this House is responsible. If, I had looked for a lion to be roused, when a rabbit started then, you please, sir, go with me, and look at the case out of the thicket. I had a draft, as I thought, on a rich from such points of view as will most aid our vision, and bank, for dollars and eagles, but I was paid in very small least weary the observer. It is not our case, as it has so change. Against the respondent himself, I have not felt, often been alleged by the respondent and his advocate, and do not now feel, any the least hostility. His walk in but the case of the American people, whose agents and life and mine lie wide asunder. Our paths can never public servants we are; and we are no more the judges in cross each other. I am retiring from the entertainment our own case here, than any jury or any judicial tribunal of life, and shall leave him much longer to enjoy it. If must be in the trial of any violence done against any one he choose to play the Thracian in his cups, he will be with H. OF R.] Case of Samuel Houston. [MAY 11, 1832. men much younger and better able than I am to manage which it was moved to refer a complaint made against the such concernments. He has been a soldier, we are told, collector of Wiscasset to the Secretary of the Treasury, and has received wounds in defending his country. The that, if found guilty, he might be removed from office. wounded soldier often "claims kindred here;" and when The gentleman from Ohio [Mr. STANBERRY] opposed has his claim by me been disallowed? Let him, like the the resolution in debate; and contended, by the course of soldiers of Washington, if he would reinforce his claim, his argument, that, if the allegations against the collector exchange his sword for some instrument of peace, not for were found by the Secretary to be true, he would not rethe dirk-knife and the bludgeon. The gigantic Roman move the collector from office: for, said the gentleman, soldier, who, with the boss of his shield, dashed back the "was the late Secretary of War removed in consequence Gauls ascending into the citadel, and saved his country, of his attempt fraudulently to give to Governor Houston was, for attempting to usurp the power of the people, the contract for Indian rations?" One of the stenograthrown from the same rock as a punishment for his trea- phers of the House furnished the gentleman from Ohio son. Allusions made by the respondent to his own pri- with his notes; and he, at the request of Mr. Gales, and vate history, could not have been intended for our ear. as it is usual for all members of Congress to do, corrected Has he made for himself a pillow of thorns-a bed of scor- and prepared for the press the speech as it was delivered pions? We cannot minister to him in his interrupted slum- in the House; and a messenger of the National Intelligenbers; and more powerful hands than ours must provide cer took it from his room, and on the 2d of April it was more desirable accommodations for his repose. Is the published in that paper. The next morning, the gentleway of the transgressor hard? Our option has never com- man from Ohio received, by the hand of the gentleman pelled him to walk in it. We cannot, with any justice to from Tennessee, [Mr. JOHNSON,] a note from the respondourselves, or to the respondent, go into the consideration ent, addressed to him, "to ascertain (as it is stated in the of any concernments of his whole life, other than those note) whether his name had been used by him in debate; brought before us by the facts in this case. and, if so, whether his words had been correctly quoted" To this case I had hoped, and I still cherish the hope, in the Intelligencer. Both these facts, it was believed by that we might come with singleness and great unanimity the gentleman from Ohio and his friends, with whom he of purpose. Its very nature calls for union: for no mem- consulted, were already known to the respondent: for he ber can be separated from this body, and made to suffer had been, almost daily, in the House, and might have heard alone. The constitution, which gave existence to this the debate; or the very gentleman who was the bearer of House, formed it into one body; a great majestic whole, his note, and read its contents, might have told him that living and acting throughout every part, and uniformly in his name had been so used, and that the remarks of the every member. The separations which seem to take place gentleman from Ohio were correctly published in the paamong us, on some questions, are, indeed, evanescent; per. The "object" of sending the "note" could not, and those who, at one time, or in one Congress, find them- therefore, have been to "ascertain" facts within his own selves in the larger part of the House, cannot be unmind- knowledge before it was sent. The purpose of the reful that events of the most common occurrence may leave spondent in thus questioning the gentleman from Ohio them, where few wish to be left, in a minority. The facts concerning this "debate in the House," was, evidently, in this case concern the whole House, and, therefore, can- not for explanation, but for hostility. He, by the advice not be disregarded by any member of it. By the great of his friends, did, therefore, not write to the respondent representative principle, the whole American people as- merely to tell him that he had used his name in debate, semble here, and meet, by us, whenever we come together and that his remarks were correctly quoted: and because in this Hall. The blow which reaches one of us, reaches the respondent knew both these facts, and questioned the this whole body, representing the whole American peo- gentleman from Ohio merely, as he and his friends believple, and is a blow struck at the very face of the whole ed, to bring on a controversy of violence, they advised nation. Our Government is fraught with the great prin-him to decline being further questioned for any such purciples, and stands as the great model, of all the free Go-pose, and to let the respondent know, by his friend, that vernments of the world; such an outrage is therefore not he could not recognise the right of the respondent so to limited, in its effects, to us and to our country only, but will, question him. This was accordingly done on the mornwherever even rumor shall transmit the story of it, give a ling of the 4th, by a note from him to that friend, delivered shock to civil liberty throughout every region of the globe. Civilization is no less violated than freedom; and our country, renowned among nations for patriotic obedience to laws, will seem to be retrograding towards the ages of violence and barbarism. The race of men now inhabiting this country will, unless this stain be expunged from our annals, have less claim with the historian to the courtesies No hostile demonstration was made by the respondent of life, than those men who peopled these regions three against the gentleman from Ohio, after the morning of the hundred years ago. In their assemblies for deliberation, 4th, until the evening of the 13th of April. That night what man of the tribe ever lifted the war club against one the gentleman from Ohio was walking to visit a friend at whose voice had been heard in council? Has the voice of Davis's boarding-house, and the moment he had crossed tradition told us that, in the time of Philip, or Miantinomo, the Avenue from Mrs. Queen's, where he boards, to Elor Powhatan, any red man ever attempted to quench the liot's corner, and stepped on the brick sidewalk, he was met council fire in the blood of those warriors who had been by the respondent, coming suddenly out of the shadow of sitting together around it? Many and high obligations do, the buildings, where he had stood with his face towards therefore, seem to call us to a full inquiry into the cha- the fence, and unseen by the man he was waiting to assail. racter of this violence done to the institutions of our nation; He accosted the gentleman from Ohio with words, and in to the intent that such order may be thereupon taken, as tones of great courtesy; and, at the same instant, with a shall fully vindicate their injured rights, and prevent a re-heavy hickory bludgeon, struck him a blow on the tempetition of the like violence on any of their representa-ple, below the hat, and so heavy that, stunned by the viotives. For that purpose, permit me to bring together the lence, he was utterly unable to defend himself; and the principal facts in a very brief narrative of this most extra- assailant, by repeated blows on the naked head, or by ordinary case. other efforts of violence, pushed his adversary off the sideOn the morning of the 30th day of March, this House walk, and into the ditch between the curbstone and the being in session, a certain resolution was under debate, by street. Here he could not rise against the force, and vio by another gentleman from Ohio, [Mr. CREIGHTON.] The gentleman from Ohio, and his friends, some of the most respectable men of both Houses, holding these opinions concerning the purposes of the respondent, he, by their advice, provided himself with arms of defence against the meditated violence. MAY 11, 1832.] Case of Samuel Houston. [H. OF R. lence, and blows of the assailant, or resist them. He was in reference to the great and important facts involved in able to draw a pistol, but not to discharge it at the assail- the policy and administration of our Government. ant, who, at a blow, fractured the bones of his extended All these debates are, by the untiring diligence of the hand, snatched this weapon from him, and, securing him- press, conveyed over our wide country, and brought to self from all danger, continued to multiply blows upon the eye and the ear of that people for whose use and benethe arm, side, and naked head of a prostrate and defence- fit their representatives in this House have made them. less man, until, nearly insensible, he ceased to struggle; Look, sir, to your right and left, along the whole margin and then, either fatigued by the violence, and satiated with of this floor. By what manner of men are you now flankthe brutality of his own vengeance, or startled from his ed? Not yet by armed soldiers, planted there to overawe prey by the collecting people of the neighborhood, or deliberation and silence debate; but by the peaceable chilcautioned by the voice of the man who had stood with him dren of the pen, seated at their desks, to catch the living before the onset, and stood by him, silent, until, as he has voice before it dies on the ear, and embody in the endurhimself told us, the gentleman from Ohio "was badly hurt, ing page the thoughts which, without their labors, must or perhaps killed," he hastened away from the scene and perish with the sounds that have given them birth. These the victim of his savage outrage. Thus, sir, was a citizen men, whom you now see so diligently following the speakof the United States, a member of this House, a repre-er, all of them in their appointed vocation, serve at the sentative of the American people, suddenly set upon by altar, and are a part of that devoted priesthood of freedom, the respondent, in the night time, in a peaceable avenue who, consecrated by patriotism, do, by the labors of the of this city, within a few hundred yards of this capitol, press, preserve in our country the purest and brightest and by him beaten, bruised, wounded, and left almost dead. fires of liberty. Sir, permit the man who is now under By a resolution adopted by a vast majority of this House, accusation and trial in this House-permit him to succeed the respondent was, on the 15th of April, arrested, and in establishing what is set up in his defence, and these men brought to trial for this offence. The battery, as I have must give up the privileges of the pen, the rights of the stated it, has been proved by the testimony of the gentle- press, shut together their portfolios, retire from the scene, man from Ohio, by the testimony of the Hon. Mr. BUCK- and relinquish the labors of their public service. This KER, of the Senate, and by the confession of the respond-Hall, so long vocal with the inspirations of freedom, may ent himself, in his written answer to the whole allegation become a council chamber, a silent divan of a more than against him. It is also proved, and in like manner admit- Turkish despotism. His Reis Effendi, or Grand Vizier, ted, that this battery was done by the respondent upon will, doubtless, be sent here for supplies; for the form of the gentleman from Ohio, for words spoken by him in the the constitution may remain when every principle of its course of debate in this House, and for the publication of vitality is gone; and if the demand for appropriations shall those words, so spoken, to the American people. If the not be speedily satisfied, heads enough will be taken from respondent be justified in this act, then that freedom of this House to secure success to the next requisition for speech which the people have, by their own constitution, money. Sir, although our institutions may not perish in secured for their representatives in this House, and that a day, yet will this violence; inconsiderable as gentlemen freedom of the press which, by the same constitution, seem to regard it, if not removed from their very root, it they have secured for themselves, and which cannot, by will finally bring them down withered and lifeless; and any law, be even abridged, may be wrested from them by the people, who have been glad and rejoiced under their that violence which sets all law at defiance. shadow, will be left, like the prophet, uncovered and without a shelter. Much as freedom of speech may accidentally or otherwise be abused, and however unabridged freedom may, Permit me, then, sir, to examine that which is set up in at times, degenerate into a licentiousness of the press, they defence of the respondent, both in regard to the facts, and are both vital to liberty, and furnish that food which feeds the principles by which it is sustained. In passing through and sustains it. Among the great questions which come this inquiry, I shall call your attention to those provisions up here, is the constitution, the political law established of the constitution, and those maxims of paramount law, by the people, giving existence, and conferring appropri- by which the people, intending their rights should want no ate powers on the great commonwealth of these United safeguards, have secured freedom of speech to their repreStates. Here, too, are debated all laws enacted by Con- sentatives, and freedom of the press to themselves. The gress under the powers conferred by the constitution; respondent has, by his counsel, placed his defence on two whether made to establish and reward the public service; grounds; so that, if he should lose one, he may be enabled to raise and appropriate the revenue; to regulate foreign to hold the other. In the first place, he tells us that the and domestic commerce; to preserve or dispose of the gentleman from Ohio did, both in debate in this House, national domain; to secure and establish the relative rights and in the publication of that debate from the press, charge of individuals or States; or, finally, to do justice to all him with a concern in a contract, which, if it had been those who come to their country to obtain compensation finished and carried into operation, would have been for all unsatisfied claims against the nation. In this Hall, a fraud upon the nation; that he, the respondent, had no too, are often debated the more important and stirring concern in that transaction; and, being injured by that questions touching the political rights, as well of this Go- charge in his honor and character, and having no other vernment as of those of the several States, and of the citi- remedy in that behalf, he did do the battery, as alleged, zens of the United States, in relation to each of these Go- on the gentleman from Ohio as a punishment for that invernments, and to those of other countries, under that jury, as well and lawfully he might. We are next told by great universal code-the law of nations. This House, the respondent, that although he has committed upon the as the high inquest of the nation, is, moreover, frequently person of the gentleman from Ohio a most grievous batcalled into debate concerning the numerous public officers tery, and done this to him for words spoken by him here appointed by the Executive to employments in the cus-in debate, yet this House holds no constitutional power to toms, the land offices, the post office establishment, the call him in question for this deed; but that the represenIndian affairs, the diplomatic relations; and we are com- tatives of this nation are guilty of a flagrant violation of pelled to examine their duties, their services, their fidelity, his personal liberty, the most sacred right of American and their compensation. This House, sir, has ever been citizens, in arresting and bringing him here for trial. So the great school of popular inquiry and information; be- that the respondent does first justify this outrage on the cause the free discussion heretofore exercised in debate in whole House, in the violence committed by him on one of this Hall has brought forward and placed truth before its members; and then, if this justification cannot be esthe nation, not only in regard to the principles, but also tablished, the offence does not come within the jurisdicVOL. VIII-185 H. OF R.] Case of Samuel Houston. [MAY 11, 1832. tion of this House; which the constitution never intended merely to demonstrate that no feeling of brotherhood can to furnish with power sufficient to defend its members or be found in this House, which would rise up and shelter itself against any violence committed against them, in any member of it from suitable rebuke, when called for manner and form, as this outrage was committed. by justice to any fellow-citizen. This plea of justification must have been brought, upon Sir, no feeling of comity, supposed to exist between the some reference to some principle of self-defence. The two Houses of Congress, will ever come in the way of any respondent says he was injured, and was without remedy, claim for justice, made on this House, against any member unless he could achieve it by his own hand. Is it true, sir, of it. Is not this placed beyond a doubt by the testimothat a citizen, who may have been injured by words spony of an honorable Senator from Missouri? [Mr. Buckken by a member of this House in debate, has no remedy? NER.] He was out with the respondent on the night so Must he endure the wrong, or redress himself by violence? often mentioned. They had walked, as he tells us, arm in What is the remedy when a nation wrongs a citizen? arm, down the Avenue, from Barnes's boarding-house to When, for services done, or supplies furnished, under Elliot's corner. They stood together, in the shade of the contract or otherwise, for the public use, a man has not been buildings, where the gentleman from Tennessee [Mr. fully and equitably paid and satisfied? He can have no BLAIR] So suddenly left them. He saw the gentleman action, he cannot sue the American people? Is he without from Ohio crossing the street, and, unapprised of danger, remedy? Petition is the form of suit in which every citi-approaching the ambuscade, where the respondent had zen can come before Congress, and enforce his claims, by placed himself. He heard the friendly salutation, saw evidence, by law, and by all the aids of advocacy. Look the blow-saw the man at whom it was levelled fall to the at your journal; what a calendar of petitions passes through ground. He heard the repetition of blows on his naked this House, to your "Committee of Claims," and your head and unsheltered limbs, until the club in the hand of "Committee of Revolutionary Claims?" and in what coun- the assailant was split and shivered by their number and try, or at what time, can you find any tribunal of law or violence. Sir, what is there in manhood, capable of equity provided with men of more ability or diligence, standing at the elbow of such an outrage, with a feeland of higher and purer integrity, than those fourteen ing more purely impartial, or of listening to such and so members of this House, forming those two committees many blows, with a more self-possessed and undisturbed Is it, sir, below the dignity of any American citizen to accuracy of ear? For the honorable Senator has himself come before Congress by petition? Do not the best, the told us that "he perceived the change in their sound," bravest, the most eminent, in the labors of peace, the from, as I presume the honorable gentleman would mean, most distinguished in the service of war, come before inflictions on a living human body to the like violence their country, and, under this form of proceeding, exhibit done upon one "perhaps killed," and from the deep bass their claims on the national justice? of the solid hickory handspike, to the shattered notes of the same instrument, when split and shivered into something like a twisted withe. Sir, I do hold that this part of the evidence forms a perfect demonstration that no such feeling of comity exists between the two Houses, as will ever come in the way of any citizen seeking reparation of wrong from this House against any member of it. this not so, there must have been some interference, in this case, by the honorable Senator from Missouri, [Mr. BUCKNER;] Some note of warning to the approaching victim; some cry of "hold," to the concealed assailant; some shout of "fair play; don't strike a man when down." Not a tongue, not a foot, not a finger was moved, either to the rescue of the fallen, or to the interruption of this most bloody and barbarous process of violence. Were If, sir, the members of this House, the agents of the American people, do, while transacting their great public concernments here, wrong any one of their fellow-citizens, by words spoken in debate, so that he sustain injury in his reputation, such citizen may, by his memorial to this House, receive full and speedy reparation. The House has power to do this; and who on this floor will say that any member would, by its action, be sheltered from justice? It will not be asserted that members of either House would unite to support each other against the just claims of injured citizens, or that any comity existing between the two Houses could ever be brought into operation for any such purpose. The facts disclosed by the evidence in this case evince that citizens will not be opposed, in what they may call their claims for justice on It cannot be said that members of this House will be one member of this House, by any interference from slow to right even supposed wrongs, when done by them another. The gentleman from Tennessee [Mr. BLAIR] in debate. Can we forget the magnanimity exhibited by has told us in his testimony that he was, on the night of the gentleman from Ohio, [Mr. STANBERRY,] in reference the 13th of April, with the respondent; walked with him to some hasty expressions made by him concerning the on the north side of the Avenue; stopped with him near honorable Senator from Missouri, who testified in this case? Elliot's corner; saw the gentleman from Ohio crossing Goaded into resentment by the manner in which this detowards them; was questioned by the respondent, "what fence was conducted, and persuaded that it was the intenman is that?" Knew who he was; had heard of the diffi- tion of that Senator to bring him into contempt, he utterculty between them; thought something unpleasant might ed those expressions for which, as he fairly told the House, occur; and, because he was not in the habit of settling his he was rebuked by his own feelings the moment he had own disputes in that way, he walked off as quick as possi- obtained time to consult his better judgment. The exble, that he might not witness this settlement. Sir, will planation, spontaneously made by him, was received by the spirit of membership in this House rise up, and call every member with one common burst of feeling, as an any one man of us, in behalf of another, to oppose the apology ample, and fully up to all the requirements of decopeaceable claims of a citizen coming here for redress of rum, as well in relation to this House, as to the Senate, in wrong against him, when that spirit could not call the the person of that honorable member of it from Missouri. gentleman from Tennessee, [Mr. BLAIR,] a man of the Sir, I say this was done spontaneously by the gentleman best and kindest feelings, to cross the path of violence, from Ohio, for the resolution touching that matter, subthen in pursuit, not of justice, but revenge, and shelter a mitted by the gentleman from Missouri, [Mr. ASHLEY,] fellow-member from outrage? It was not, it will be said, could never have produced that effect; because no mempracticable for him, by his own strength, to hold the arm ber of this House can be questioned for words uttered in of the assailant. It is true; but nothing could have been debate concerning any member of Congress, on any day more easy than to give the voice of warning. It is not for after such words are spoken, unless he had been called to me to say that should have been done, nor do I utter the order at the time, and the words had been committed to slightest objection to the course pursued by the gentle-writing; and that, too, before any other member shall man from Tennessee; and these facts have been stated have spoken on the question then under debate. It is, MAY 11, 1832.] Case of Samuel Houston. [H. OF R. Is sir, a calumny against the institutions of our country, for man armed with dirk and pistols. Another fact evinces any man to declare that the good people of this nation the malevolence, no less than the caution for his own safehave no remedy against members of this House, who may, ty, felt and practised by the respondent. The moon shone in debate, on this floor, utter words injurious to their good from such a point as to throw the shadow of the buildings name, fame, and reputation among their fellow-citizens. on that part of the sidewalk where the respondent stood; In all such cases, they have a claim on the justice of their so that he was concealed from the gentleman from Ohio country; and, if they present that claim to this House, in as he approached from the other side of the street in the the constitutional form established for the redress of all open moonlight. Still further to secure himself, and to grievances, they cannot fail to receive prompt and ample surprise his adversary, he looked, as the honorable Senajustice. The respondent is, therefore, unsustained by tor tells us, obliquely towards the palings of the fence; any principle, when he alleges that he was without reme- and, though he turned his feet towards him as he apdy in this respect, unless by taking the laws of the country proached, he continued his face the other way. The reinto his own hand; nor has he, from this course, the least spondent has told us he did not "way lay" the gentleman justification, excuse, or mitigation, for an outrage com- from Ohio, and brands such a deed with much odium of mitted against a representative of the American people--epithet. Let those who have doubts concerning the chaan outrage, too, of a character without example in the racter of this premeditated violence and practised concealwhole annals of licentious violence. ment, recollect the words of salutation used by the reSir, inasmuch as a justification of this outrage has been spondent to his adversary, then uncautioned, and within set up, it is very proper, before we consider that justifica- the sweep of his powerful arm and heavy bludgeon: tion, to examine some of the peculiarities of this outrage. that you, Mr. Stanberry?" And even then, lest his victim First, in what state of mind was it done? In the heat of might draw a pistol in his defence, he uttered these words anger, suddenly excited by great injury? The words so in tones of a most treacherous courtesy. Last of all, while offensive to the respondent were spoken on the 30th giving this friendly salutation, and receiving a reply March, published on the 2d, and certainly known to him equally courteous, he changed his language to the terms on the 3d of April; but he delayed the outrage until the and notes of abuse, and instantly followed up the insult night of the 13th of the same month. He was in the House, by a blow, so heavy, and aimed with such deadly purpose, the lobbies, or streets, every day; and every day must that, had the iron loading of the bludgeon fallen upon the have seen the gentleman from Ohio. Whose anger could temple, and not overreached the head of his adversary, have boiled so long, and not burst out into violence, unless nothing could have saved his life. From first to last, the it had been either restrained and pacified, or cooled down, deed is without a single redeeming or mitigating accident, and settled into malice? In the next place, the respond- and is filled up with malice, caution, treachery, and murent intended to make the assault when it was not expect- derous purpose. How like him, that crafty Hebrew of ed, and so without danger to himself; and, for that purpose, the bloody hand, of friendly word and false heart, with requested the gentleman from Tennessee [Mr. JOHNSON]" Art thou in health, my brother?" on his tongue, he to communicate a message of peace: "Tell Mr. Stanberry takes the brave and unsuspecting man with the right hand I will consider what it may be proper for me to do in this by the beard to kiss him, and with the left he plunges a affair." And this message from the respondent was lite- sword into his side. rally communicated to his intended victim. The stratagem How is this violence further justified? The respondent was successful; for the gentleman from Ohio tells you that alleges that the words spoken in debate by the gentleman be had begun to believe the respondent had never intend- from Ohio were a grievous wrong to him, because he had ed to assail him, or that he had relinquished the intention. no concern in any attempt to obtain a fraudulent contract In addition to this, the instrument was carefully sorted out, "to furnish rations to migrating Indians." In reply to this and chosen, to perpetrate a distinguished deed of revenge. part of the respondent's justification, we should not forget It was a hickory sapling, heretofore cut by the respondent that the gentleman from Ohio made no accusation against from its parent stump, in the grounds of the Hermitage, him. The question itself called the gentleman to speak at Nashville. He had brought it to this city, procured it concerning officers of Government only, not concernto be mounted with a silver head, and a substantial brassing contractors; and the respondent's name was mentionand iron ferule at the other end. It is said to have been ed, not to criminate him, but solely to identify the transthen presented to a friend in Georgetown. With the bis-action to which he alluded. The words themselves do not tory of this bludgeon the respondent was thus acquainted, even imply the respondent's guilt. What were they? and well knew its origin, weight, solidity, suitableness, "Was the late Secretary of War removed in consequence and power, to inflict this premeditated outrage. His wit- of his attempt fraudulently to give to Governor Houston ness, Doctor Davis, has told us he borrowed it from his the contract for Indian rations?" Is Houston here accused friend for that very purpose. Another circumstance must of any fraudulent attempt? Not in the least. The accusanot be omitted. The same witness has told us, that, al- tion is made against the late Secretary of War. What though the respondent always, and on all occasions, goes man, not wishing to thrust himself into another man's armed with pistols in his belt, and a dirk-knife in his bo- quarrel, could have pretended that he felt himself injured som, yet the "witness knows that on that night he was in such a case? The respondent has taken up the cudgel not armed," and went out with no other weapon than the for the late Secretary of War-has been fighting his bathickory bludgeon. The witness must, therefore, have tles, and now places his defence on the purity of his own been called to take notice that the respondent did so dis- character. What, then, is the character of the respond arm himself, and go out that night. Was this an exhibi- ent in relation to the contract to furnish Indian rations? tion of peaceable purpose? The respondent must have He bas put that character in issue before us, and has rested known that the gentleman from Ohio went armed. He his defence on the soundness of it. If it turn out in evidid not intend to encounter in a controversy of pistols and dence that he attempted to obtain a contract for Indian dirks, but relied on the weight of his bludgeon, and on rations fraudulently, at the same time that the Secretary the success of unexpected, sudden, and violent onset. If attempted fraudulently to give such contract to him, then he could, by any stratagem, secure the first blow, it was must we conclude that he has assailed a member of this not his intention to need another; and if he could, or should, House because that member has spoken truth concerning kill his adversary, he had taken care to secure a witness the Secretary, and because that truth might bring to light by whom it could be proved that he had no deadly weapon his own participation in the meditated fraud. Let us, then, on his person, and that a peaceable man had, in defend- examine the evidence concerning the conduct of the reing himself with a walking cane, but taken the life of a spondent touching these Indian rations. It is well known |