,HO, • .^^' ^°'-^. ^ <^<^ 'ol "i^' ^:^^c^:- m •^0* ^o^ v/-:^^- .^^^ ^% \^ ,•• **'% :i^ '■y^- u ". '•°' ^ ••••* V* .v V .' cr- iL <> '• 0^ * ^..<^ r .^i::'^ lV-^. >*' ■^^^ ••h*<.- *' .0* .••••- o. •V ♦<^. ^\ •^ >■?« V 4^ %. '•-'sR^/' v^ SPEECH HON.A.P.m'TLER.nFSOUTirrAROLIXA DIFFICULTY OF MESSRS. lUlOOKS AND SUMXEPv, A\D THE CAUSES THEREOF. tILIVfilBD IK THE 8ENATB OP TIIC UNITED STATBfl. J U .V B lt-19, ISM WASHINGTON : PRINTED AT TIIK CO.NGRESSIO.NAL GLOBS OfFlCB. 185€. MU. iJK'onKS AM) MR. STMNUII. Mr ^1 T I I^l> \jcvn ,.■■■, h«<1 no ro! • 'Whrh kv\- nhoM CO«l; (be i; nnr- .• y- t !.. diM'jr'' lip- J- ace ajid intrjr. " ■ I ■ lirrrrd 1 wm not hrrr; and if i what I »hi>uM h«T«- doiv it w. idto for MM now tn a.ir; brvnuf t: . ■Mule (Iw ddibcnuo'n* ..f r\ ^utwr.) ror««ck«« oufht h«vririi!urni>-d !mh t«M an^ Din^ diir>'r >n nov ■ that, if I hau ka«oa«kni il»* S^-f^Fiiof, .. harr . IjfflV', JU*L|- K'uoii, and mjr ■now trk- rnin- . It. Hut 1 • >rlrd to, i I m i«h i had tw-nn k^rr. | vould h«»r at ! ibilNy as » S : ' a re(>n »«n*. i IM^if nrm, i top., if Ik that -. to •in. were not presented. Now, they have been pre- i»«i.(-.i -.! ! • ■■ 5- li-.'t' i:: .1 li::'. r-'iit way from any ilii! 1 MU'.tt'il from any t\, ■ re not presentcil by • sent directly to the -.t, aiiJ the Speaker of the . ves. 1 waited for some lini ; hat, when ilieseresolu- tjor , 1 uouid acquit myself of the paa; : circumstances liad devolved up<.> ; lid not come until yesterday — more luAU iwu Mct^ks after their adoption. In tlie mean nme — on Monday last — I pave notice that I would address the Senate to-ilay, under the confident belief, not that the present Senator [Mr. Wilson) would be here — because 1 have I •:..,• I • d> \mli him— but that the Sen- aio.' -^"r, the criminal ng- i'C present; and if 1 . i.y of Dr. Boyle, I fc. .. i.y i.t iiioulJ not be present. For '. apjxars in tiiat testimony i if he i 'i'-er of tlie Army, and had not appcifid the ncxt day on the battle-field, he would have desirved to be cashiered. Sir, I !\i:\ ;u a Lisa to know why he has aimed his individually, and at mv Stale on •■ • tiian one; liut I am willing to aduj • . rded by the Rev. Mr. Beecher; and, ai ii is j. ckw upon ilie subject, I rely on il. I wuth noiking of nuue lo go out that 1 do not .nteud to be eutirelyconsistent with the convictions of my mind. I ask to have Mr. Beeciier's re- marks read. I adopt ihcm, and they will acquit the Senator — or they will go very Jar to acquit aim. Tl>c SecRCTART read as follows: Tip- >'filv complaint wliieli ) have ever heard or Scn- . has tH-vu tliiii : lliat he, by hu lihniikilig and ■ ir.', was not ril liir llie ' rough nnil tiiiiible' of liny. H<' would have held himself back, and ..:.:; tlip »li;hii^toTrrnse, had it not been that he ■»** I. i.;o.. a and Kctudcd uKu it by, la 1 tJiiuK, tlio injudi- iMU« crilK'iiiii of frieiid"."' Mr. BUTLER. Sir, I believe it, and it will acquit his motives to some extent. Instead of moiling liis sjieech here his own, as a Senator, aoder the obligations of the Constitution, and the Utgheal sanctions which can intluence the conduct of an honorable man — instead of making it the vehicle of high ilioughis and noble emotions that would become a man and a Senator, it is obvious now that he has made that speech but the conduit — I will use a stronger expression — the fang, through which to express upon the public the • ximpouud poison of malignity and injustice. This 14 confirmeJ by )iis remarkable exordium; for, in lUAuy respects, this is the mo.si extraordinary apcccb tlial has ever found its way in any'boolc, «jr upon any uccAsioii, ancient or modern. I have never U f.jrc heard of proem or exordium by proclamation; and yet, before the delivery of his .ipeech, by a telegraphic proclamation lo Thco- lorc I'arker,hc uiten d this remarkable sentence: •' WhiUt you are deliberating in your meeting I mn aLijulto pronounce iJie most thorough philippic ;hnl %nM ever heard in the Si nale of the United fciiatea." This is in conformity with Mr. Par- ker's opinion, lie was a flexible conformist in- voking the spirit of Theodore Parker tw his muse «o ■usiAin him in the strife for which, by his na- urt and hm lulcnta, he \vas not fil. Sir, ii was the tribute and deference of a flexible conformist, willing to be a rhetorical fabiicator to carry out the views and subserve the purposes of n man who, as I understand, is of an iron will and robust intellect; who lovos controversy, and has abilities which more fit him, perhaps, for that, than for worshiping the lamb as the emblem of innocence, and as "the prototyiie of that Christ whose doctrines he lias professed. To conciliate Parker, the Senator must make war upon South Carolina and upon myself. If he supposed that he would gain laurels by any attack on me be- cause I was a " foeman worthy of his steel," I I might feel complimented; but there was no such purpose. It was to jiander to the prejudices of Massachusetis, or a portion of Massachusetts^ for God forbid that 1 should say anything which is not proper of Massachusetts — to pander to a I portion of ^lassachusetts by assailing South Car- , olina. Before I finish I shall say what I think, and if he were lure in his place I would make him hang his head in shame; for 1 will demon- strate, before I conclude, that, in what he has ■ said of South Carolina, he has aspersed the near- est and dearest comrade of his mother. Yes, sir, a degenerate son, incapable of appreciating the relations which subsisted between Massachusetts ' and South Carolina at a time when there was something more of peril to be encountered than ' exhibitions of rhetoric in the Senate of the United States; when men placed their lives and their fortunes on the issue which had been made. I will prove him a calumniator. While he has charged me with misslatini: history, law, and the Constitution, let me say that " he who lives in glass houses should not throw stones." I here say, and I ])led»e myself to it, that I will convict him, and shall demand of the Senate a verdict of ij guilty. I But, Mr. President, there is one result of this I speech which I think may be regarded as good. t' He has shown, as Mr. Beecher says, that he is I unfit for the war of debate. He has no business I to gather the glories of the Senate Chamber and ' fight with orators, unless he is prepared lo main- tain the position of an honorable combatant. Though his friends have invested him with the ' dress of Achilles and ofl'ered him his armor, he has shown that he is only able to fight with the ' weapons of Thersites, and deserved what that , brawler received from the hands of the gallant I Ulysses. I (must say, Mr. President, that I was utterly ■ I disappointed in the body of the speech. Inde- peimenl of the personalities which have distorted ' and disgraced it, there is nothing in the speech to II distinguish it from pretty nearly all the speeches ] which he has made ujkmi this subject — and I be- ll lieve he has scarcely made any speeches on any || other. He is one of those one-idea men who I always go one way. Whilst this speech has hmuch of tlie identity of former cflorts, it has !| none of the freshness of their originality. If 1 there is anything that varies it at all and dislin- jlguishcs il from the others, it is the calico nicturcs I impressed upon the "warp and woof of his , former speecnes in the form of quotations; some !! of which — I say it as a moralist and as a Sen- I'aloF — stain the cloth upon which they are im- ;• pressed, more by their obscenity than ho can il adorn il with the glare of their coloring. I have made these remarks upon the character of the speech. He may regard them a.'; criticism. | Whether my criticism be one that will be adopt- I cd by the public, or such as will address itself to j the good taste and good sense of this audience, I ' know not, I have given the convictions of my [ mind. J After these remarks upcrn the character of the jj speech, I come to make my points; and I will \ maintain them, not by general charges v/ithouti specifications; not by that proclivity to error and 1 falsehood which the Senator so decently imputed j 1 to me; not by general declamation from which he ! can take refuge in his own authority; but I will l| prove them by documents beyond all question, jj In the first place, I say that what the Senator i said of me and of the State of South Carolina was : dragged into the debate by no law of legitimate | association or connection; but it was injected; into his speech positively in disregard of the j tone and spirit of mine — neither in reply to, nor in recognition of, the kindness and forbearance j | which pervaded my speech. Sir, I am nowjj passing through the last chapter of my public I j life. When I came here this year, I said to friends, | ' '* The last thing I would wish is, to have my | name or reputation, if I have any, associated with Sarty strife, much less with party contentions." | ly speech upon the Kansas question was the | most guarded and remarkable for its forbearance j of any that I have ever delivered. I commenced j it by this declaration: j " It may be said that I have passed througli the ordeal of experience, and perhaps of time, and that they iiave had ' their influence on my temper; but, sir, I look on anything | Jike a rupture in civil government, and especially such a one as would throw us into the horrors of anureliy, with not the same view as others who may be more intrepid, and who may tliink they can come out of it without hazard to Iherasel ves. Ther-e is nothing so mischievous to society as any movement afiectiug its stability, uncontrolled by re- sponsibility and unregulated by iutelligence." Upon another occasion I remarked that I would be the last man to do or to say anything that | would commit the issue in Kansas to the arbitra- | ment of the sword in the hands of youth. Mine was a warning and a kind voice. Before I proceed with the argument of my main points further, 1 will make a suggestion which may, perhaps, appear parenthetical. When the Senator from Massachusetts took his seat near me, I knewthathe wasa Free-soiler, or Abolition- j ist, as it was termed; but notwithstanding that,! I had read some of his productions, and he was | introduced to me, or perhaps, I to him. I had ! known many who came into the Senate of the United States, reeking v/ith prejudices from home, who afterwards had the courage to lift themselves above the temporary influences which liad controlled them. I supposed that a man who had read history could not be a bigot. I believed that one who was imbued with the literature which that Senator's mind had imbibed, could not sin in the face of light, and truth, and the lessons of history. With these views, I did not hesitate to keep up what my friends complained of, an inter- course with him, which was calculated to give him a currency far beyond what he might have had if I had not indulged in that species of inter- course. My friends here and everywhere know it. When 1 made my reply to him on the Ne- braska and Kansas bill, I complimented him. I did not hesitate to compliment him, and he v/as gratified at it, for he said so. His opinion of me as a lawyer was very different then, (if I may be allowed to speak of what he then said,) not only on this floor, but to other persons. 1 did not hesitate to forbcara prescriptive judgment on any man because he happened to differ'with me to- day or to-morrow; for life, sir, is but a span any- how. I thought the time might come when the tide of events would hrins to" him the awful cer- tainty of the doctrines which he held, and which in the first instance, when he came here, he was not disposed to propagate. Things stood in this way until one day when it was proposed here to repeal the fugitive slave law. I said that I had no great confidence in tliat law, and turned to him with an honest purpose, with no design whatever to provoke anything like a personal or sectional issue, and asked of the Senator from Massachusetts whether, if there were no fugitive slave law, Massachusetts would be willing to carry out the provision of the Con- stitution. Then it was, in excitement, or as he said, " impulse" — an impulse, as I characterized it then, of the drawer — he rose and asked me if " he was adog to do this thing.'" I treated this answer with ridicule; it absolutely did not touch my heart; and after that I spoke to him. Three days afterward he came in with a labored philippic touching me more deeply than he had before; but he then made, for the first time, a charge affecting the revolutionary history of South Carolina, by saying that John Rutledge, who was honored by Washington and all his countrymen, and who is a historical character, had offered, in 1779, in a negotiation with Pre- Yost, at the gates of Charleston, that South Caro- lina should be neutral during the war of the Rev- olution. I did not wait until the next morning to reply to him. I responded at once, and I have no doubt I replied with indignation. I have no doubt that my heart threw the words upon him. Mortified vanity has no conscience; it may be that he did not think he came out of that contro- versy with as much credit as he should — at least his friends may have thought so. I gave hint notice, however, that after that I should have no communication with him whatever — the bridge had been cut down — and I never have had. Two years elapsed; and, during that time, I am bound injustice here to say, I have scarcely spoken to, of, or about him; and, perhaps, when I did speak about him, 1 said something which he would have been gratified to hear. My friends think that sometimes I did. Whatever the tempt- ation of my resentment may be, I have passed, j and s'hall pass, through life with one determina- I tion: if I cannot do justice, I will not do injustice j to any man. I have exhibited here in debate,"on I more occasions than one, impatience and excita- bility. These are peculiarities which have fol- lowed me from the cradle. Perhaps, sometimes, 1 anger, in its ebullitions, may have found an ex- pression from me; but, thank God, I can say it was but a transient feeling, which at the time gushed from the heart; it was a feeling which ] subsequently was suppressed by reason and re- pentance. That, however, is a failing which cannot inhabit the same mind with treachery and malignity. Now, sir, I proceed to make my points; and I ■hall ehow that what the Senator said of myself, ' aiid South Carolina, was not in response to any- Uiinf winch I said; that he has gone outside the record to bring into ilie debate matters wliich did not legitimately belong to it by asaociatioii or connection. I will niainutin ilu-se three propositions so < «a-iainly that, in my opinion, there will not be one mind hert-, uiiUss it be disposed to mor- tlly perjure ii6-Af, wliich will not acquiesce in iheni. 1 will ^llow that his remarks upon me and South Carolina were untrue and unjust; the l^uigoafc'e U8«.d was l.ceiitious; the spirit which pri'iujiiid It was aiiTit^ssive; and the whole tenor and lone of the speech was malignant and insult- ing. In no speech which I hare made during this DeSMon did I name Massachusetts or South Caruhna. This is a most remarkable thing con- sidering the nature of the debate. I have culled what 1 8uid,aud 1 have not introduced South Carolina by name into the debate, nor have I brought in Alassachusetts. Yei, sir, this Senator alludes tu me in two paragraphs. I should like to know why he did not finisn my picture in one •ketch on the first day, when he spoke of me as inriiig '■ Don Ciuixote in love with slavery as a iuistre<8, because she was a harlot." I dislike lo rejieai ilie obscenity of his illustration. When he had me under review then, why did he not finish me in that general sketch.' He took another night; and during that night the chaotic concep- lionseitlur emanatid from his own mind or were suggested to it by tliose busy peo|)le who seem 10 have control over him; and then it was that he : made this celebrated attack on me, assailing my reputation as a gentleman of veracity: I '• WiUi regret, I i-i>iiie:it':iiii U|>(>i) Uie Scniilorrroni South ! Caroliua, [Mr. IlLri.n;.] \vlh>. •iiniiiprc.-i.-iit in lliis Jiliate, i (•vrrfluwi.l Willi ri^i' :.l''.: :■! :■■ iiu'.'''-ii"ii l'i:it K:iiis;is bad a|i|ili<'J for iulini<-; ■ i ■ .i .-'■•: .u'.l. w iih m.-oli-rciil pliiiuo*. diBeliar-:oil til I ■ ■ -..i ' ii,i;:."i ■•! i'- ~|i.t.;Ii, I Aow U|Riii lnr rcprr.v.ii' il;.. . .1 ',! l!i n i,,. u lui ;h..|i1c. TJiiro w;i> III) c.\ir:u;i;:.iin-.- ul' ilic ;iii . li i ;ii:iry deUai.- ulmh he- «li(l iiMl ri|H'.il; iiorwii I j. -ilil'f deviannii (loiii ilii' Irtilli wlm-ji lie iliil i' t n \ n'l .-^o niucb 01 pujisioii. I am glad to add, as ii> -a. Imn ii' m ilic iiU»|ii(-iuu uriiiichiioiiiil alx-rralioii. Uut llu- Hi iiaturluiKlics IiO(iiiii° wbii-li III' dues no; disfigure— Willi rir.ir, soiiiuluiics of |>nn>-ipl<-, souioUineB of fac-t. He tallows an inca|(in-ily I Of accuracy. wlieUier in ulalin;; tlie Constinilinn or in stMtiri'e the law, wlifUierin llie detaiNof MaIl^lirs or the diver.-iniis of tclKilarxliip. llu cannot 0|ic liJ:< iikhiiIi, lint out tlirre Awn tiliindcr. i^un-lv he on-;!!! to be liniiiliar with tin- lilc of Kranklin ; ami vil'ln- i liun-rli,.!,! iliarai- ler, Willie uiiiii-.; l\^ au'i m ii( inr laili>rs iii I'.ii^Maial. a- ■hove Miipiemu : iii.iltiii- ua-i|.)a"-tliat lir ini-lil i;iM- pnint lo a l»Nc c<.iilrii.-l n.iiIi lia a:;iiit i.l Kan.as— iii>t liiiouiriL' Uiat, huwever llii\ in i> ilillVr in i;i'|iiiin aial lanir. in Ilii- etiK-ncme lh<-) arV aliiii' : thai IVaiiklin, when intni!-ticl Willi Ihc iwllliiin of .MasM.i-liii-. lis |(i,y. was nssaiilti-il hy a fLiuJ-luouiticd HpeaJtir, uhiT.- iii- cuiili'l not lir lii'Mrd in di' Kn«c, luid dciiou;ic.-d a a • lln.l," .ven iis the afepiit of Kanxiu han biTii assanlliil uii tins Hour, anil deiioiineed lis , a -lor^^T.' And let not tin- vaniiy of ih'' Senator he in- ' •piK d hy Iliu jMirallil witli llie lirili.«li htaltsinoii of that : 4lJ>y ; fur il u only in huHUiily to Ireedum Uial any parallel can tw ri'dignized. j " Hul il i» asaiuiit tlic people of Kan»aii tliiu the sorifiliil- | nles«ed Ihrmifilioiil the Kevolii- Uun, followed by il« more slianiefiil nnhUiiipnoiiK for Slavery hlnep. He eaiihot Iinvc forKoiien it« wretched persiHtence j m Uic flavc uade a.i ihe very apple of iu ejc, and the con- 1 dition of its partieipatioii in the Union. He cannot have forgotten its Coiisiiiution , which is republican only in name, coiitinning power in Ihe hands of the few, and founding the qualirieutious of its le<_'islators on ' a settled I'rechold estate and ten negroes.' .And yet the Senator, to whom that ' State' has in pan coinniiiloil the gtiardianship of its good name, instead of inoviim, with backward treading steps, to cover its nakedness, rushes forward, in the very ecstasy of madness, to e.\po>e it by provoking a comparison with Kansas !"' Now, Mr. President, I am going to state a prop- osition which will startle the Senate: what he here undertakes to quote as the constitution of South Carolina, in reference to the eligibility of members of the Legislature, is not to be found ill it at all. How did he bring it in in response to any speech of mine > He has sworn in his affi- davit that what he said was fairly in response to the speeches which I had made. I put tne ques- tion to Senators, and I shall pause for their sen- tence: how dare he,trom anything in my speeches, put his finger — bis profane finger — upon the con- stitution' of South Carolina.' Is that a response to anything which I said? My sjjeeches horefbfore delivered are unon record, and can be referred to. I neither alluaed to the constitution of South Carolina, nor did I mention South Carolina in the whole debate; and yet in his affidavit he says that all these are fairly referable as a response to the remarks of the Senator from South Caro- lina! What he has quoted here is not in tlie constitution of South Carolina; and when he un- dertakes to subject me to the severity of his crit- icisms, as a blunderer in the statements of law and constitution, let him stand convicted of one of two things — either that he did not read the con- stitution of South Carolina himself, and adopted it from others, or that, if he read it, he could not understand it. I intend to dwell upon this point with a view to convict him — not that I am going to vindicate the constitution of South Carolina, but 1 will convict this rhetorical jurist — this man who undertakes to sit on the tripod, and publish the oracles of Delphi, to sit upon me as a lawyer! My God, what have I come to ! A man who never managed a case (as far as I know) in court, to sit on my-self who have been thirty-five years engaged in law, either in appearing at the bar, or expounding it on the bench ! 1 have never delivered a judgment on a ques- tion of law here, as a member of the Committee on the Judiciary, whether I have made the ma- jority or the minority report, when that Senator fias not concurred with me; or if he differed it has iieen on sectional questions on which he has been overruled by the overwhelming authority of the Senate. Yet, a man who has agreed with me always — and that is the only bau sign about it [laughter] — undertakes to sit in judgment on my legal aUainments ! If his authority is worth any- thing, it is with me, for he has concurred with me. On all the contested-election cases, we have agreed, except, perhaps, in the Phelps case. There ! he may have differed from me; but if he did the Senate overruled him. ! That, however, is not the question which I was apj)roaching. 1 said that what he stated in ref- erence to the constitution of South Carolina was not in resnon.se to anything wliich had fallen from me, and tnat there was no such thing to be found in the constitution of South Carolina as he has quoted. 1 will read the clause: " No person shall be eligible to a scat in the House of Representatives, unless he is a free white man, of the age of twenty-one years, and liath been a citizen and residetit of this State three years previous to his election. If a resi- dent in tl»e election district, he shall not be eligible to a seat in the House of Representatives, unless he be legally seized and possessed, in his own right, of a settled freehold estate of five hundred acres of land, and ten negroes ; or of a real estate of the value of one hundred and fifty pounds sterling, clear of debt. If a non-resident, he shall be le- gally seized and possessed of a settled freehold estate tliereiu of the value of five hundred pounds sterling, clear of debt." I venture to say that nearly half of the mem- bers of the Legislature of South Carolina, partic- ularly those who come from the towns and cities, do not own a negro at all; and very few of them, as my colleague knows, own five hundred acres of land. Merchants do not want it; lawyers do not want it. The tenure by which they hold their offices is mainly by the latter clause, which the Senator left out, that a man to be eligible to a seat in the House of Representatives must own property to the amount of one hundred and fifty pounds sterling, clear of debt. That is a little ■over seven hundred dollars. Now I have got him; I call on Senators to convict him. There is but one verdict which can be rendered. He has gone out of the way to assail the constitution of South Carolina, and, in assailing it, he is guilty of the worst of all faults. I cannot conceive of a worse predicament than his, who, professing pe- dantic accuracy, and sitting in judgment on the quotations of others, is reduced to the alternative of admitting that he never read what he quoted, or, if he had read it, could not understand it, or garbled it. Again, sir, he says the constitution of South Carolina is republican only in form. I say there is no State in the Union whose constitution gives a more enlarged right of suffrage. I have not the provision now before me, but I can state what my colleague knows to be the fact, that every free white man of South Carolina, of the age of twenty- one, has a right of suffrage, provided he pays seventeen shilhngs of tax. I may be mistaken, perhaps, in the amount. Mr. EVANS. There is no tax at all required, if he is a resident, and has resided six months in the election district. Then he is entitled to vote without property qualification. Mr. BUTLER. If he has resided there for six months, no property qualification is required; but, if he has not resided so long, he must have a very small amount of land. Our people do not even pay a poll-tax. Here is the provision of the South Carolina constitution: " Every free white man of the age of twenty-one years, being a citizen of this State, and having resided therein two years previous to the day of election, and who hath a free- bold of fifty acres of land, or a town lot of which he liath been legally seized and possessed at least six months be- fore such election, or, not having such freehold or town lot, hath been a resident in the election district in which he offers to give his vote six months before the said election, and hath paid a tax the preceding year of three shillings sterUng towards the support of this government, shall have a right to vote for a member or members to serve in eitlier branch of the Legislature, for the election district in which lie holds such property, or is so resident." The Senator has presumed to characterize her constitution as republican only in form, when it has the freest and most enlarged right of suf- frage of any State in the Union. I grant you that, when the Legislature comes into operation ujjder the constitution, there are conservative elements which, I thank God, have withstood the wild feeling of what is called the progress of the times; but it does not become me to allude to them now. I come next to an allegation which, if the Senator were here, I think he would not look me in the face when I repeat, and that is, his inso- lent and untrue charge of the " shameful imbe- cility" of South Carolina during the war of the Revolution in consequence of slavery. Sir, in- gratitude is the monster of vices, and when it ia associated with injusticc,itoughttobe condemned by the consuming mdignation of even those who rnay to-morrow be our adversaries. What are the facts? The news of the battle of Lexington was carried to Charleston by express; and the very day they received the intelligence the Liberty men, as they were called, broke open the arsenals and distributed the arms. It was but a few days afterwards before Boston sent a vessel to South Carolina for bread and wine. We sent them, I think, p,500 worth of provisions, and seventy barrels of wine— the Maine liquor law did not prevail in Boston at that time. [Laughter.] We gave them bread ; and, I answer for it. South Caro- lina has never asked pay for her hospitality. She would never brook the thought of asking pay for the bread she poured out upon her countrymen — countrymen they were, sir. Massachusetts was without powder then, and we furnished her with it. Here I will say, lest I forget it, that the battles of Lexington and Bunker Hill in the Revolution, I regard as the battles of Marathon and Salamis. They gave the Commonwealth of Massachusetts an immortality for commencing the glorious con- test which has resulted in the independence of these United States; and I shall be the last man to. touch the laurel crown which grows from the blood that enriched the soil upon which those battles were fought. The very powder that was used after the battle of Bunker Hill was furnished by South Carolina. Here is the entry, not only in the history of South Carolina, but in the his- tory of Massachusetts. In Ramsay's History of the Revolution in South Carolina, volume l,page 43, you will find: "At the time all these military preparations were making, the whole quantity of powder in the province did not ex- ceed three thousand pounds. The people not originally designing a military opposition, no care was taken to pro- vide stores; but now, reduced to the alternative of fighting or submitting, extraordinary methods were taken to obtain a supply. The inhabitants of East Florida having never joined in measures of opposition to Great Britain, the ports of that province were open for the purposes of trade. " Twelve persons, in which number were included Cap- tains Tempirere, Cochran, Statter, Tufts, Joyner, Messrs. Tebatit, Williamson, and Jenkins, authorized by the Coun- cil of Safety, sailed from Charleston for that coast, and, by surprise, boarded a vessel near the bar of St. Augustine, though twelve British grenadiers of the 14th regiment were on board. They took out fifteen thousand pounds of powder, for which they gave a bill of exchange to the cap- tain ; and, having secured a safe retreat to themselves, by spiking the guns of the powder vessel, they set sail for Car- olina. Apprehending that they should be pursued, they steered for Beaufort. From that place they came by tlj« inland navigation, and delivered their prize to the Council of Safety, whilst their pursuers were looking for them at the bar of Charleston. This seasonable supply enabled the people of South Carolina to oblige their suffering brethren in Massachusetts, who, though immediately exposed to the British army, were in a great measure destitute of tliat ne- cessary article of defense." In a book published in Boston, entitled "Deal- ings with the Dead," I find these entries: 8 " Oar «wthwB eon f rfe iai M are f muled to civility, be- rst* Thfv are iB«i aM hr«bren ; aiid ibcy a^e enuUed .. ) ,...-w .V...,, „< of Boiton. because we ". iii..fi II would I't slianie which has ever been fought in the southern por- tion of the Confederacy, was fought by southern slaveholders from Marj'land, Virginia, South Car- rtti, liave presumed ID be ' ' olina, North Carolina, and Georgia. They were I us .!oilie thing ^deccnter ' exclusively southern troops. In the face of these facts, the Senator said the imbecility of the South, arising from slaver\', was such that they could not fight their battles without aid. Shame ! I call upon the shade of Hancock and Adams to look down and reprove a degenerate son who can thus invade the very sanctuary of the history which has given them immortality. Do you think that, sir, by this remark I re- proach the troops of New England? No, sir. When Yorktown surrendered, there was not a New England regiment there; I have a list of the troops who were present. Rut because I say that southern troops and those from Pennsylva- nia alone engaged in these distinguished battles, do I reproach the troojis of iMassachusetts ? God forbid ! They were under the command of Wash- ington at the time when he went to Yorktown, cut I and, as was his duty, he sent them to defend the vulnerable points of New York and Boston. Now I will make a remark which I hope the Senate will remember: Notwithstanding their relative numbers compared with the pay list of New England, you may take the fighting days — if you have a mind to compute it as you would ilie fKuili are notoriously .j^i-i'rupliically, cllildren of ."'11 ol llie .Massachusetu ■, .ii,i, liM, is truly appliea- , , , ■ lery kifU, but, in their fury, . irj to uphold the South, in tlic . r.il « rong, l>ecau*e llioy gave us I- thev certainly did, than . :. favorably lor Uie suitor l.iyii aAer the |>orl bill went _■ xva« liild at Charleston, -piril* were the Trapiers 1 the Clarkt^ons, the Gads- j; Jay ; and resolution-: were ,.,\c and eyuipailiy I'ur ilie iiihab- ■ \:^, 1774. Saturday last Captain . and brought three hundred and ■ • ifuiu Jji.uth Carolina, to be sold, llu.-loii.a|ire', uirte.-(d of Alason and Uivuu's. Sueh ...iu:uiiiiigated«'co(nngandabuse, aswo too oftenj] labor— you may take the fighting days during are equally ungracious, ungeutleinanly, aud uu- 1 which the troops of South Carolina wei-c engaged, -' " 1 1 and in the computation the balance will be found The Senator says that the southern States, in l| greatly against Massachusetts. If you have a fontcquencc of slavery, betrayed during the rev- i mind to draw some other test— if you wish to olutionary war a " shameful Vmbecilitv?' I chal-j| test the question of sacrifice, and measure it by Icn^c him to the truth of history. There was i blood, South Carolina has poured out hogsheads not~a battle fought south of the Potomac which was not fought by southern troops and slave- ' holders, even if you choose to exclude Pennsyl-j vania, which was at that time a slaveholding State. Muhlenberg'3 continental re";iment wasi always with them, and I love to allude to it; but not a New England squad, company, or regiment ivcr passed the Potomac; and yet the Senator wtya that but fornorthcrn aid the soutliern States ' could not have sustained themsclvefi. ] Sir, who fought the battle of King's Mountain ? ; 1 n Sir, when I look at the evidence to which I have adverted — when I allude to tiie opinions pro- nounced between the two gentlemen — between Mr. Webster and the Senator from Massachu- setts, who is absent — I can well say, " Look upon that, picture, and then upon this" — I will not finish the quotation; I shall say noth- ing in this debate but what I believe to be true. If I were to undertake to compare the Senator from Massachusetts with the coarseness of Cleon in some of his similes and his grossness in some of his attacks on his adversary — I mean in point of taste — I might do injustice to my own crit- icism, because I believe the Senator is a man who understands the use of language— a gentleman who has gone back to classic fountains, and in that respect I separate him from Cleon, but other- wise not at all. Let the young men and boys who hear me go and read the life of Cleon, and, when they do, let them rend the notice which even Grote attaches to it, the author who has taken the most favorable view of that demagogue —who could never lift himself above the local prejudice that surrounded him, and always pan- dered to it in order to obtain a conquest over his rival, who was in power, and was maintaining the honor and dignity of his country. Now, I come to another branch of the subject, and it is, I confess, the sorest one of all. The Senator has made a very grave charge upon John Rutledge— not upon South Carohna in that point of view. The facts in relation to that transac- tion are these; When General Lincoln was called 10 to ihe command of the southern army, Prevost was in possi-ssion of Savannah, and Goorgia in fact was under British authority. When Lin- coln took command of tlie souiliern troops, he conceived the bold experiment of crossing the Savannah river and reclaiming Georgia. His wily adversary, who was in Savannah, took ad- vantage of his being at Augusta, about one hun- dred and fifty miles above, crossed the river at Siivannah, and made his way to the gules of Charleston. When he reached Charleston, there were but about six hundred troops under the com- mand of Moultrie, and as many under Pulaski. He had about four thousand. The militia, and, , I believe, even the women, kept watch tlie whole] night for fear the town would be stormed. In, order to gain time, a parley was proposed the | next day. Rutledge sent three dilVerent commis- , aions. He knew that Lincoln would be upon , the British if he could only detain them for a day. That parley was regarded by his friends as a , stratagem. Some of liis enemies were disposed lo assail him for it. Whilst they were on that! very parley, Moultrie said that Rutledge had no right to toiich the garrison; he himself was com- niander-in-ci»ief, and Rutledge could do nothing as Governor to comply with the terms which, for appearance sake, he had proposed. Here is the notice of it by the historian: " It was prt^t. but liis |Mrii>f Mtiiaiion was unknown to every (Mr-on within tlir lims. 'J'n t:aiii tiiin' in siicli cir- cumstances was a matter ol prcai cum-, ijut ih .-. A wlnile day was Ihcreliure spent in sending; aiici rrcM\Hiu liar's. Commissioners from llie f;nrri-.on ai i l,.;ilc-i on were in- ilitv (111! ill'.' Il:e w ;ii lirtwecn 11(1 that the (picstion, whether the State shall belonp to (Jreat lliitain or remain one or' the United Stiitcs, be dclcrniined by Ihe treaty ofpciu-e between lliese Powers.' " — Ramsuy'i JJistory, vol. 2, p. ^7. Whilst they were upon that parley, it happened that Lincoln came up and drove ofl" Prevost. That very proposition of Rutledge resulted in the safety of Charleston. Some of his enimies have Baid that the terror of his situation was so great, the women and children being in the town, with only twelve hundred iroojis to defend it, that he was willing to capitulate on such terms as would Bavc innocence from the dangers of a storm. His friends have given it a diflerent complexion. Be that as it may, everybody knows tluit the Gov- ernor of South Carolina at that lime had no power lo make such an engagcinmt. Prevost knew it ju8l as well as anyboiJy else. If he had agreed toil, I presume Rutledge could have drawn out of it the next day, on the ground that there was no authority to make the stipulation. It was during the lime when this tnatter was under con- sultation, that Lincoln came up and drove ofl" Prevost, and fought the celebrated battle of Stono, so much spoken of in the southern country. But suppose that John Rutledge coultl have eubjected them to the terms which the gentleman has censured — for he is not only a superior lawyer to sil in judgment on everybody else's law knowl- edge, but it appears he is a military man, though I never heard of it before — Kupjjo.se that John Rutlcdgo Imd stipulated, as far as he could stijiu- lute, that the people of Charleston should be remitted to British protection as long as they ob- gcrvi.d their parol, was it anything more than his own countryman, General Lincoln, did, on the 22d of May of the following year .' General Lin- coln was severely censured for his act; but it was I done from feelings of humanity. He could have I evacuated the city of Charleston, and saved his , army, as Washington did at Philadelphia, but, \ instead of that, he agreed to stand by the houses of the women and children in Charleston at all hazards, and run the risk of the censure pro- nounced on him by military men. .He capitu- lated; and what were the terms of the cajiitulu- tion.' That the militia should be under liritish protection, and should not be disturbed, in person or property, as long as they observed their parol. That was the act of Lincoln. He could do no more. The military men who were under his command were subject to be exchanged as pris- oners of war. The Senator has gone out of hia way to pronounce a judgment against Rutledge, to which his own countiyman has been actually liable. I will give you an incident to show the difference between the taunting injustice and ma- lignity which prevail now, and the chivalry which prevailed then. When they came to the terms of capitulation, Lincoln, with the proud spirit of a military man, insisted that he should leave Charleston beating the American march, with his colors unfolded, his flag furled, Clinton lold him, " No, sir; we have reduced you lo our own terms, and we intend to degrade you; you are rebels, and deserve none of these honors at our hands." When Yorktown was taken, who was delegated to prescribe the terms of capitulation.' John Laurens, of whom it has been said that a daring courage was the least of his accomplishments, and an excess of it his greatest fault. When Lau- rens was called upon by General Washington, who behaved on that occasion with a delicacy and propriety which history and poetry ought to com- memorate, he told Laurens, "Sir, as your city surrendered to Clinton, I delegate to you the au- thority to prescribe the terms on which this sur- render shall be made." Cornwallis said to him, " These are hard terms to require us to go out with folded colors, and to beat the Turk's march, a neutral march." Laurens said, "There shall not be a dot of an r or a cross of a t in the terms of capitulation at Yorktown which was not oli- serveii at Charleston. " To make it more delicate to Lincoln, on whom the shade of censure had somewhat passed for his conduct at the siege of Charleston, Laurens said that it was proper to select Lincoln to receive the sword from Corn- wallis, as he had surrendered the sword to Clinton. You will see him in the foreground of the picture in the Rotunda. There was chivalry , sir — a chiv- tilry peculiar to the days in which it was exhib- ited. Is such conduct as that to be under the censure of a rhetorical fabricator at this day.' It is hard lo bear — it is unjust in itself. Now, sir, I have done with these topics. I have not vindicated the history of South Caro- lina. I ask ihc Senate to bear me testimony, that I have not gone into this matter with a view lo vindicate her. She does not need it. Adopt- ing the language of Daniel Webster, I may say: " There is South Carolina; there she stands; slie speaks for herself; she needs no eulogy;" she cannot be injured by the detraction of one who is under an inlluencc not of justice, truth, or honor. Having finished with these thrusts at the con- stitution of South Carolina, and at her history and Ill to «f. .r .n iTiV a rttl w fr. • •« fI'M u.. of C-r... «[■: iia^c u( AUJ UUJi* it >» th< tcr. tfail u '. ih. It t fi. ■4>ll. to I •iaN A- X Kr. Wt.i ■li. • I> i-r «•« whrn thry «rv ntjinwanv I; M !! .1.. .-. .. . .-.../ "- auch an \ I ■:. I d.. n. • I •re .> liul, air, llio SriMlor undrrtakos to ii«)r f tKCauW I tint. »J\... .i!.l li, r. •!,, ,■,.:,.•••.,■ righu uf ! Sl«Ua, la. I ahall oni I . . . I „ Work. Mr. 6»«.««;Ury, I U;^ y»»«r pviloii for a*kiiH( 70U lo remd auch « tiling u tJiu, but it u JTvur uu'v. li.i iiui.. ^ 'I' MjcXlmcl f Mr I; 12 extent, and who are burning their fires until they ;! will be reduced to the caustic ashes of disappoint- mentand disgrace. I did notspeak of sectionalism in any other point of view. Sir, tlnre are men on this floor who I believe lionestly differ from me. i I would not make any personal allusion to them. Far from widening this controversy, the object of my speech was to ajipeuse public sentiment. In the course of it I ventured to say, what I bad never said before, tliat the man does not live who could look without concern at the ronse- quences of a separation of these States efTected I in blood. I remarked that I would not say there | was not intellii^tnce enough ultimately to form i new governments and make them a union of con- j federacies. Sir, in that speech I attempted to throw oil upon the troubled waters. My friends ] in some measure blamed me for the tone of my remarks. The so-called reply was already in the gap, the poisonous sap behind, and the Senator i had to use his speech as a conduit to pour it out j on me and on the country, when he had loss oc- il caaion than was presented by any speech which Ij I ever before made. Anybody who says we are jj incapable of preserving free institutions,! should be inclined to consider a slanderer on free insti- 1! lutions; but I will never agree to live in any Gov- ,1 eminent that has not some operative and enforci- 1' b!e provisions of a constitution to preserve my ' rights. If the Government were as it formerly i was, South Carolina and Massachusetts having a common interest, do you think the Senator; could arise as an adversary to be applauded by his people ? There was a time, sir, when his peo- ' pie would have disgraced him forthat very speech, j At this day, 1 do not say they will acquit my ; kinsman; I'dare say they will not; but the time is | coming when there will be but one opinion — that |j that is the most mischievous speech which hash ever been delivered in this country, and has in-' volved more innocent persons. If the contest;) goes on upon such issues as it makes, blood mu.st j! follow. 1 do not look on any such scenes with I pleasure. I have not temper for them, though ' when a young man I might, perhaps, not have been indisposed to embark in the hazards of con- tests. Whilst upon this point, I may remark that Josiah Quincy, for whom I have heretofore had a great respect, says the Senator has not »one a hair's breadth beyond the line of duty ana truth. i| After my explanations here I hardly think he will ;! say so. He is the only man of high respectabil- jj ily whom I have yet seen or heard make such a declaration. He made it, too, with a reproach ;| tliat I was sorry to see escape from such a man. He said, alluding to the fracas in the Senate- house, not in the Senate, that it is only a part of | that tribe who carry bowie-knives and revolvers. Sir, I never wore a secret weajjon in my life. 1 am not going to discuss the fact that I have used open weapons; and that is the only way I choose to deal, but that is not the way we can get them to deal with us. |j Unfortunately, I have had scenes of that kind || which I have regretted all my life to some extent, i I am mortified to hear such a man as Q,uincy >! making a charge upon a whole section, wiien 1 j question if there is a southern man in this House ji with a pistol or bowie-knife in his pocket. He ij hftB gone out of the way gratuitously to say that ]| we are of a " breed" who wear them as part of our dress. I am sorry to sec such things creep- ing into the public mind. They mortify me; they annoy me. But now I come to the resolutions of Massa- chusetts. I ask that they be read. The Secretary read them as follows: COMMONWEALTH OF MASSACHDSETTS. In thc yCOr 1856. Ri^solvcs concerning the recent nssEtult upon the Eloa. Charles Suniner, at VVashincton. Resolved by Ihe S^'nate and House of Rejn-esciitatives of the Commonuealth of Massachusetts, That we have received witli deep concern, information of the reeent\iolcnt assault committed in the Senati- «'li:iMitNr at \\a>hin','ton, upon the person of the Hon. t'harirs Stimni'r, imic i>f oiir t^ena- tors in Congress, by ProHlon S. Ilronks, a iiicinlior of the House of Representatives t'rom South ("aroliiia ;— an assault which no provocation could justify — brutal and cowardly ir» itself— a gross breach of pnrlranicntary privilege — a ruthless attack upon the liberty of speech— an outrage of the decen- cies of civilized life, and an indignity to the Comn>onwcaltb of Massachusetts. Resolved, That the Legislature of Massachusetts, in fha name of her free and enlightened jxjople, demands for her represciilatives in the N.itional ^(■gi^!aturc entire freedom of speech, and will iiiilmld tlii'rii in tlie proper exercise of that essential rn;ht ol Aiiiericaii eilizens. Resolicd, Thai we apjirove of .Mr. .Sumner's manliness and courage in his earnest and fearless declaration of free principles, and his defense of humart rights and free terri- tory. Resolved, That the Legislature of Massachusetts is impei^ atively called upon by the pl:uii.-i ,h. i;aes of duty, from a decent regard to the rights ot h r. ui/jm . md respect for her charactrr as a sovereign S;j , lo il. m iml, and the Legis- lauire of .Massachusetts hereb) ilucs dciuumi, of the national Congress, a prompt and strict uuesugation into the recent assault upon Senator Sumner, and the expulsion by the Iluuse of Representatives of Air. Brooks, of Smith (Carolina, and any other member concerned with him in said assault. Resolved, That his excelleney the (iuviTiKir he requested to transmit a copy of the foreirDinv; lesulvis t.i tln' I'residcnl of the Senate, and Speaker of the House of Uepresenta- tives, and to each of the Senators and members of tho House of Representatives from tliis Commonwealth, in itw Congress of the l/nited States. noi;sE OK Rei'Ri:sentative8, 3/ai/29, 1856. CHARLES A. PHELPS, Speaker. In Senate, May 30, 1856. ELIHU C. BAKER, President. May 31, 1856. HENRY i. GARDINER. Approved. Secretary's Office, Boston, May 31, la'iS. ! certify the foregoing to be a true copy of the originai resolves. Attest: FRANCIS HeWITT, Secretary of thc Commonwealth. Mr. BUTLER. These resolutions give rise to more serious reflection than anything which ha» occurred to me in my time. I have been in the Senate for ten years, and this is thc fir.'st occasion that I have ever seen one of the soven.'ign States of thc Union taking cognizance of matters which occurred in Congress, with a view to influence the judgment of Congress in relation to one of their members. This is the first occasion of the kind in the history of the country. It has been done from an ex parte view of the subji;e,t; for it is now very apparent that the resolutions of Massachusetts were introduced and passed with- out regard to thc evidence. These icsolutionn anticipated and assorted what may not be true — what the public may not think true — what the Senate may not think true — what thc House of Representatives may not think true; and yet the sovereign State of Massachusetts, before there la vaa any t^Mnimee, indietni mv reUtivt rumor — • m--— n*whi-h w*mjM ttmr- (■^Vm ford Ihe oft in - unJ- her don. P«i. beta ■ tun now CiKk antl \'. Sh. b«- ,,i la (hat |>. ■■> ;-. :, I nrn nol that a S< iiitior, iir ^ i' | will mv any »p.-, .-(-. . r .1 ,( ,,n iKm noi i- ,; s^-n- nt«ai> I ,rt< »hc I ^ ►,» I Ihr r. , ,^., yond > uM tM of « hbrl It bcromrt of avrrj 1 kaua-. 1 knov . thi* aab- :..f lu ) L . rJ ( lom 1. h« ^ifV. rficld. '■-■< n' ..^h , a W>M>r«kf 141 authority for mydnctrinp; for. thnusti Lord Chesterfield was a man of ?reat wit, he was undoubtedly far inferior in leamins, and what is more to the pur|K)se, in monarchical opinion, to the oclebratt'd writer iii whom my lord has now deUvertd the work by his authority. Dr. Johnson then eays"- Gentlinien may avail themselves of this, if they choose, when I come to anotlier part of this mat- ter. Dr. Johnson says, in the language put in the mouth of Lord Chesterfield: " One of the greatest blessings we enjoy — one of tlic greatest blessings a people, my lords, can enjoy, is liberty ; licentiousness is the alloy of liberty ; it is an ebultiiion — an excrescence ; it is a specie upon the eye of tlie political body, but which 1 can never touch but with a gentle, with a trembling hand, lest I destroy the body— lest 1 injure the eye ii|M>n which it is apt to appear. " There is such a connection between licentiousness and lil>eny, that it is not easy to correct the one without danger- ously wounding Uie other; it is cxtri'iacly hard to distiii- guisii the true liiuil between them ; like a changeable silk, we can easily see there are two ditlercnt colors, but we cannot easily discover where llie one ends, or where tlie Otlier begins." In a sul).sequent part of this celebrated forensic speech, delivered by Lord Erskinc, he goes on to show what is the h'berty of speech, and what is its limit. He says, by way of illustration, what is exactly apposite to this case: " I expect to hear, in answer to what I am now saying, much that will ollend me. My learned friend " — I do nrsaries on this subiecl; I differ from you; I think you have been guilty of great errors which deserve the censure of a par- liamentary speaker: and I intend to pronounce a censure, believing that I am right and you are wrong; I will detect you in the fallacies of your history; I will detect you in the errors of your law; I will expose those errors" — he would have had a right to do this, and in as strong language as he chose; but when he said almost in so many words, that my proclivity to error was such that I deviated from the truth in all these particulars, it is a libel in the very language of Mr. Erskine. If he were indicted for a libel to-morrow, could he claim his privilege under the Constitution, and would the courts DC precluded from deciding the (question whether it was a libel or not.' There is no one, perhaps, who has a higher ideal admira- tion for the liberty of speech and the liberty of thepress than I have. The liberty of speech and of the press is the great coiiKervaiive element of a Republic; it is to the political, what fire is to the material world, a subservient and affluent minister, when under the control of prudence and intelligence; but, when unchecked and unregulated, a consuming foe, withering and blu.siing everything along its path- way of ruin. Render freedom of speech tribu- tary to the proprieties, decencies, and restraints of social life, and you may crown it with all the ministries and supremacies of intellect and liberty, but rclea.se it fn m ihem, and it becomes a blind and maddened gia it of evil, tearing down the bulwarks of so uti order, and desecrating the very sanctuary of republican liberty. What would you think of a reckless man who should set fire to his own house, or shotild go about claiming the privilege of throwing his fire where- evcr he could among the most comliustibic ma- terials, and say he had the right to do so, on the ground that he was a freeman, and could do as he pleased. Away with such liberty! Lib- erty that is worth anything must be in the har- ness of the law. Liberty of speech and liberty of the press must have two restraints. The first is the high- est, which will always govern a class of men who cannot violate it — the oliligations of honor, decency, and justice. Another restraint upon licentiousness is that a man may pul)Iish and speak what he pleases with a knowledge that he is amenable to the tribunals of the law for what he has done. Congress cannot pass any statute to say that men shall not write against religion, or against the Government, or against individuals. Neither can Congress pass a hw, nor can any Slate pass a law depriving the tribunals of the country of the right of saying whether you have gone beyond the limits of liberty, and nave used your power, under that name, with criminal recklessness, with a licentious indiffer- ence to the feelings of individuals and the conse- quences upon society. 1 do not wish lo live in any community where it is otherwise. The press is losing its power, and it ought to lose it; for it is now beginning to be an engine of private revenge, and individual expression, instead of being a responsible organ of nublie opinion. Suppose I were to go to New York, and indict one of the editors there whom I could name, for the most atrocious libel that has ever been uttered upon the South. I will not name the editor, but he has uttered a sentiment akin to one whicli has been expressed by the Senator from Massachusetts. I saw in a New York paper — I have alluded to it heretofore — a state- ment that the southern Slates are too feeble and weak to take any part in a war — that all they can do is lo take charge of their negroes! It said that if a war should take place bi iween England and the United States, the English fleet would only have to go to the capes of the Chesapeake, and the effeminate inasters would be kept at home. Fifty thousand slaves, inured to toil, could be mustered into service, and they would have the power to put their masters to the sword; and when th(! declaration of peace should come, the result would be the freedom of the slaves ancj the proscription of the masters! Suppose I should go into the community where this libel was uttered, and indict a man for such a sentiment as this, what would be the consi quenee in the present state of i)iiblic opinion .' It is idle, worse than idle, to talk about that as a remedy. Liberty of the j)ress ! Sir, that man has franked twenty thousand of his speeches; and some of them, if I am not misinformed, were printed long before it was delivered. To bring him within the privileges of parliament is a mockery — a perfect mockery. Now, Mr. President, I approach another most »^ painful part of ihi* cn-T; for, God k' t>4» i»ir1, 0>>-re i« no "'•• my"* If htr>- nvrt'- ' now»»-fof •• ■Anlriir.- i.f v Mr i:. rnr.- I Irt hi I that I am ' n .1 •- a* Br hi< V md aa follova: iinioaa aubr J f.w^ iia and thi« ' .«-r . . U -,!., M,/iy nil nrm ita aiHiktft if 1 Cbi( u> 4«(«ik1 hm • l.d ia \'.\i'i <■) L- ■ a Liim • u'' vniild harr fi»fn hiiii Mill. air. •A *h.rr».r h nol don.- )i out !•■■ a (AIM ha». eomms in; i . i!>. S hia. Wh.i 1 hr r am inform. .1. ' rrrrn- h^ h T ..• :!::-s)i.;. .'•• \\ h.M nil*;. I do nol now undrrtak- r. I • un»r tj aay. {■,,? f. ar of 'l>ia I will aay, lluU ' r ■ubniii lu inrah >inr. at ihia poinl, prldrd 'O nf Mr. C'tAT, on wboa* ,f inouuu liie tknal* •Jjcurncd.) Kair«T. Jmn* 13. \<,r,. Mr HI'TI.Kfl. Mr IVa.J. m. whiltl lam '■' '■•■ 1 to my fnrnd fr.,,., \ > ,. Mr f. .wi - that ihia d ' i'>dnr. I r. ""K^r than '••> ihr qilrt- Irnl. tt ■■ n))Tioii« ihitl t I thiarontrov. f«v i" aiKh I »,,,-.,■ ,,..■'«• ..... 1,1. 1^ tu h;tu, aiiil I (in(eii«l U aay where II cumra 11 fmm Mnii««rhu>rii« viil nrrarni <)ii<-««iona hrf« U for the conaidcrauoa of ui« Scnatr, aad I ma^ 16 say for the consideration of Congress, of a char- I acter never presented before. I had yesterday spoken of those resolutions only in one point of view — so far as they de- nounced the assault of my friend and relative, Mr. Bkooks, as a violation of the freedom of |j debate. I had not ventured to .sneak of the reso-i lulions as \ intend to do before I have closed iny ,1 remarks. From conversation with others, as well !j 08 from my own reflections, I am satisfied thatu they arc resolutions of dangerous import and precedence, utterly unknown in the history of this country before. 1 think they show that one Slate of the Confederacy may make a fearful issue in the Congress of the United States, under the immunities and privileges which by courtesy arc sometimes extended to States, but would not otherwise grow up. If it is in the power of Mas- sachusetts or South Carolina, or in the province of any one State in the Union — Wisconsin or Texas — to make such a quarrel as must neces- sarily result in an angry controversy that may array the different sections of the Union against each other, it is one of the most dangerous views in which the power of a State Legislature can ex- ercise the privilege or courtesies which have been awarded to it. Sir, I have intimated this much with a view to show that 1 intend to denounce those resolutions — to denounce them strongly — not that I denounce the individuals who passed them. I hope that 1 can go higher than the resentment to the mere individual who may assault the history of my Slate, or who may impugn my character. This is a question that goes deeper and higher — very far beyond anything which is involved in a mere personal controversy. I will reserve those re- marks on the resolutions until after I shall have finished what I intended to say yesterday in re- lation to the actual state of things growing out of the speech delivered by the Senator from Mas- sachusetts. I said yesterday that my friend, my represent- ative, my relative, one who is associated with me by more lies than either of these — had taken redress in his own hands — had resorted to his own mode of redress. I said that there were con- siderations connected with the occasion which, though they could not justify him before a legal tribunal, would excuse any man of his character and position, representing such constituents as he represented, and bound in some measure to I sympathize with theoninions of the section with whicJi he is a.ssocialed. It was impossible that he could sepirate himself from those conclusions which olhersmight notappreciate,and some could not understand. But I suv that gentleman dare not — I do not say I would have advised him — but in his estimation he could not go home and face such a constituency without incurring what is the worst of all judgments— the judgment of the country against a man who is placed us a sen - tinel li> ri i far nni«J' an •••'»' O.nt * ol/.. bv '• m. '-•' I I f- All >y n.ai ... "I br r. It waa il. " '"" , ;;■ (;i-n(!. Ill "^ and iK. , --r diiftiiiy- •• «,■. ■ — N ■ - V apri-ch i«f llic liw ..... aeltJi. .M-t-h n •"*' wiihout thnr dirr«U' ai<.l Hi. ■ h. hix ri Ml It Ul lO the II cri ••■nn " I d.. ! iirr. i>( .'I I rd by ihe iihow what » - •' . niiid at thr >i« . 1 .I.....:.) hn. i..r„ r ....iv I.. ». ■..! ., , .. .. . _ til. » ' to makt' aim lirliti-.nl III •iinip way. 1 ' •h.. .' i ,v.w,H .-.., :. ni f.ir ni 1 .-„,!.». (v rr I"' aiHi dr, ui--: 8.. lllIHIt ihiTr WAa ^1^ M" w.M|!d hitx" mi. .d Thr n. I, - V ■ . . J J , ,.^ . ^j which I u»«cir.rv •" " r"^' •ubaidcd. tlu, .-.,..■ nr-n; ... !r. . I.. ».'■ i:, \! >,..-, •>' ' ^ ' V<» ehutrtu itarlC. I aliouid not b<.' al'mid to try i( "'>"!' d ihrrr. Thiy art! noi al«Tra i.> b.- ij.it. rn. .1 t-v '*■*■ " J fanalirni tnadiiraa. One of tlir jnurnnli ().' ' ir ni »ii -i- a rrmarkabljr wcll-wriiicn arUclr, whicli i .. authoriiy i .<> my,. In Mm, no.! ,:« ... ■•■It. iin.l h<" •ri> 1 •'nt forth l« on a fnir V And ** ; ',.>oii«-« t.i flft V tha; Il » ■ • )ii t !• r11' ries will distinctly understand, that if there be any further demonstration, the galleries will be cleared of all except ladies. Mr. FESSENDEN. In justice to the galleries, I will suggest that the impression on this side of the House is, that the disturbance came from the floor of the Senate Chamber, and not from the iralleries. I hope the galleries will not be punished for the act of persons on tlie floor. \ Mr. BUTLER. Well, sir, I will go on in such a wav that nobody shall be disturl)ed — not tliat 1 1 intend to suppress any single sentiment of mine; , but 1 shall express it in the severity of truth. 1 | can tell the tnnator from Maine, with whom I j have always been on good terms, that I shall say , nothing out of the way. Sir, a man who occupies a place in the Senate, ; representing a great Comnmnwealth like Massa- ^ chusetts, or representing any State, as one of her i Senators, occujiies a very high position, from which he can send forth to the public what may aflfect thi' character qf almost any man, except General Washington, or some one upon whose character the verdict of hisloVy has been ren- dered. There is scarcely any man who can with- ' stand the slander which may be pronounced from the Senate Chamber of the United States. For j this reason I would never look, and I never have looked, beyond the public po.«ition of a member | here, to iro into his private and personal clmrac- | tcr. I would not do it, because by so doing I | should do a wrong which I coulu not redress, j Even a word escaping my tongue in this Cham- j her, as a Senator, might go far to injure a man I where he could not correct it. We are in a position which requires high considerations for the regu- ! lation of our conduct. I agree thoroughly with General Jackson, that the slanderer who involves third persons in difliculty and danger, is an in- cendiary, against whom we should guard more than any one else, in a parliamentary point of view. 1 will quote General Jackson's language. ' He said: "Over the doors of each House of Con- : gress, in letters of gold, should be inscribed the words, ' The Slanderer is worse than the Mur- I derer. ' " A single murder is horrible. It may i take a single individual from society. But when I look at the mischievous influence of slander, I find that it pervades a whole community; makes war in society; sets family against family; indi- vidual against individual; section against section. It is the most cowardly mode in which a war can be conducted. With the state of opinion to which I have al- luded prevailing, what did Mr. BnooKs do.' Of course he did not undertake to challenge Mr. SuMMKB to a fist fight, or a slick fight, or any other kind of figlit. He thought Mr. Sumner deserved a castigation, and he undertook to give it to him according to the old-fashioned notion, by caning him. 1 have not heard Mr. Brooks detail the circum.viances. 1 have not conversed with him in regard to the matter; I take my information from the published testimony. Mr. Brook.s, not finding him anywhere else, came to him while he was silting in his sent here, after the Senate had adjourned. He came to him in front — differ» cnt from the statement made to the Massachusetts Legislature. He was half a minute in his proem or explanation. H(* said: " Mr. Sumver, I have read your speech. I have read it carefully, with as much consideration, and forbearance, and fair- ness as I could; but, sir, I have come to punish you now for the contents of that speech, which IS a libel on my State, and on a gray-haired rel- ative." Instinct would have prompted most men to rise immediately. Mr. Sitmner did rise. In the act of rising, Mr. Brooks struck him across the face— not, as has been represented, over his head, for that is not the truth, nor is it borne out by the testimony. On the second stroke the cane broke. It is the misfortune of Mr. Brooks to have incurred all the epithets which have been used in regard to an assassin-like and l)ludgeon attack, by the mere accident of having a foolish stick, which broke. It broke again; and it was not, as I understand, until it came very near the handle, that he inflicted blows which he would not have inflicted if he had an ordinary weapon of a kind which would have been a security against breaking. His design was to whip him; but the stick broke, and that has brought upon him these imputations. j It has gone through the country that Mr. Brooks struck him after he was prostrate on the floor. None who know this young man could entertain such an idea. I have known him from childhood. I used to have some control over him; ' but the scholar has become the master, and I sup- ! pose he would not care much about my advice i now. By an hereditary tie our families are more ] closely united than any two with whom I have ' been acquainted. But that is far apart from the ! question. Independent of his filial feelings for ' me, and his regard for me as his constituent and \ Senator, I have no doubt that a personal feeling I of regard for myself individually influenced him. ! He approached that man with no other purpose than to disgrace him as far as he could; but the ; stick broke. After it broke he was reduced I to a kind of necessity — a contingency not appre- '1 hended at all in the original inception of the pur- 1 pose of making the assault. Notwithstanding I all that has been said of his brutality, he is one I of the best tempered fellows I ever knew — impetu- i! ous, no doubt, and ciuick in resentment, but he li did not intend what has been assigned to him. After all that has been said and done, on a post helium examination, what is it? A fight in the ; Senate Chamber, resulting in two flesh wounds, Ij which ought not to have detained him from the • \ Senate. Being rather a handsome man, perhaps {I he would not like to expose himself by making his appearance for some time; but if he had been l| in the Army, there was no reason why he should || not go to the field the next day; and ho would I I deserve to be cashiered if he di'd not go. What \\ does his physician say ? He says that there were !J but two flesh wounds; that he never had a fever '■ while under his care and attendance, and that he ;j was ready to come into the Senate the next day, \\ but for his advice; and his advice was, that he '! should not come into the Senate, because it would ll aggravate the excitement already too high. Ho ]# did nol reeftmmend him n..i uj go into lh« com- !, Lyon Mid. " I will ro o«cr lo Conn mittr« roxTf '•• W» fxariiin>- pc«>|>lr, and I » ill h» hl«» ........... .................... *!,.,, ,,.„. I . ... ^.. fidT met- le«>l ' Ti Mr. I,, ^ ha*» n.Mi». 1 ■ ■ tuiUkti- that I ^ >• crrtjiiiily t>i'.i,i.| •uU. P...^ I wrrc pr. br><:«)i«<- I COUfv of f • pr. up. m* courar. For ihia imnaariion, at I hare drUitxd ii, withniii th" tnt-Wtftf* whK-h I hatr.* dni bc.M,-- •• •' ; ' ^'-- - -. I...V i>oih gu. i'hcjr rriuBcd to c&pcl of lhl> » ii!r \ ■y tn ihi-m fn r th. lth< ' B.r • I.d. • «! In n\ N«w Eneli Thr. «f»- ' 11 1 ■ iw .« In 1 y an »»Yidrnr«> of »n, iffiaitiain. S iih«rn Viol. : •pr.« whi.i. ■.... • • ihI Ihf r Whv, »ir. il ih«-w I.v • ihi ih.- WtXI llCUt •"*■:■ filth ( port.. f'ni: ■ It waa •o unim- -.|>hr ', in umr i.t th. It mtrtni ■ t A. nffrrr in awardri] a I.I 11. 1(1. 1. .!»■ and at ihia, ti>< 1 «\4 '1 linir, Mciirui. At I hat ' nc^lif-:". ' "' ar" kail th. S\n. h. .1 I' thr 1 Ad- M hr waiia !)■ . »«-f. rr tir M from \ < it •uniril M 1 Iw a N. m, and dcnii-wolvcs, are culled All by the name olilo;,'.-;.' '' Sir, he could not have provoked me in the spi- rit of controversy to say that. I have no doubt many worthy individuals have gone there under the influence of aid societies; I have not com- pared them, as the Senator has those who have gone there from Arkansas, Missouri, and Vir- ginia, to the genus of wolves, dogs, and hirelings from the spew of an uneasy civilization. All are dogs, in his estimation, that do not come under the impression of his indorsement. This is lan- guage which 1 could not use of any set of men with whom I was not acquainted. If I were to settle in Kansas to-inorrow among those very people, I think it probable that I should be on good terms with them; for I have never had a dispute with a neighbor. I do not think the.se people would disturb me. But what think you of this denun- ciation — this rhetorical bombardment from the Senate of the United States, of a class of indi- viduals, as honorable and brave a set of men, I doubt not, as any other, though, perhaps, reck- less to some extent. I regret the issue pending in Kansas. I said before, and now repeat, that the very last fate to which this country should be reduced, would be to commit the arbitrament of great questions to the issue of the sword in the hands of youth willing to contend and pleased with the pride of engaging in arm.';, and having bestowed on them all the fascination which can beimpartid by danger and trial. There is another ])ait of his speech to which T must allude, which evinces — I ilo not like to use the word, but 1 cannot help it — the charlatan more than any production of his that I have ever seen. I was surprised when I saw it, and 1 21 Tenlore to aay ihtrt u not • penoo who hmr* than m . mc r«ad i*. >)'j'. trill i>isr«- my «»r»>ri-*. On a «J/»r» r • fonii ■ ' * , Uw fr..i.. ; mm ihc ' I haiHJ' MlUO'l y I Un . I naiii' r I h^>l I."' 1 ■•>;'• • o( I' rvaii thai ( ..• J'i.l^.H- M ..f n M(i'. ^r,,,^n. |,.jr dj I haa uar,,». .X.. ' '^ I " ll raitr.ot b* lltai jxm birr arir4 wi n aa la » ■•CJn.J : r..r II. TlT. ,t, ,r,! .»',!, ..f ,« C. .- ^. III upon whi<-h I ha*« no tl more forc under my criU . rouharcLcx ttfit MrrcrM ij.f. n .Si( .->« »»M.a, iij- ntkii.- of Mawacha- Pn! it '^nr.r.t f^ I"-,? ,hr «rtf w-.r; <»-» hffmtf W i . ) Un J. i32 athon, and Bunker Hill for Platrpa; and he has named Lexington and Bunker Hill, for they, I believe, are the only battles of the Revolution fought in Massachusetts, and they are glorious fields. This, as I have said, is a remarkable imitation. It is the best part of the speech. It is the only thing, except those polluting person- alities to which" I have alluded — but 1 will not use that term, because they hurt nobody — which distinguishes it from his former eflbrts. Mr. President, I have convicted the Senator of making a speech which was not in response to anything 1 said. 1 have convicted him of such historical errors as no man can mistake. I liave convicted him of making allegations against me of being ignorant of law and of Constitutions, and yet when he undertook to quote and expound the constitution of South Carolina, I have shown that he either never read that constitution, or he could not understand it, or, if he did understand it, he willfully misrepresented it. He has been guilty of the siippressio veri and the suggeitio falsi. He cannot escape from these propositions. I have a copy of the Senator's speech before me, and now I am going to turn his gun upon him. 1 ask the Senate to see if I do not turn it upon him to such an extent as to allow me to apply the apposite quotation of which I have often made use: " Mutato nomine, de te Fabula narratur." Here is what he says of me: " Witli fpsret I coiiifi again upon tlic Senator from South Carolina, [Mr. Bctler,]vvIio, omnipresent in lliis debatt;" Why, sir, I have counted the Congressional Globe, and my remarks make but twelve pages, while his are thirty-two. I have not gone into the subject at as great length as my friends from Alabama, [Mr. Clat,] Georgia, [Mr. Toombs,] and others. My speeches all put together on this subject are but twelve pages, and his are thir- ty-two; while those of his coadjutors amount, I suppose, to a hundred more. Yet he said I was omnipresent in this debate ! I will not say that he is omnipresent in this debate, but he is omni- present everywhere out of the debate. He says that I " overflowed with rage at the simple sug- gestion thai Kansas had applied for admission as a State, and, with incoherent phrases, discharged the loose expectoration of his speech, now upon her representatives, and then upon her people." I said it was a fraud, and the Senate said so. Why did he single me out? Again, alluding to me, lie said: " There wss no exiravapance of the ancient parliament- ary debate which lie did not repeat; nor was there any pos- sible deviation iroia truth wliieh lie did not make, with so much of passion, I am ^lad to add, as to save him I'rom the suspicion of inteiitiunal aberration." I do not know that I have ever been an imita- tor in my life. Those who know me best say that I am rather sui i§:fJieris. I never borrow from Demosthenes, and palm itofl'as my own. As for my deviation from the truth, let me ask, did he tell the truth when he quoted the constitution of South Carolina, and there was no such clause in it as he siadd r Did he tell the truth when he undertook to say, that her imbecility was shame- ful durin;: the Revolution? I have shown that uhe absolutely sent bread to Massachusetts. Did bo tell the truth when he meant to impute to me what he has charged here.' I retort upon him everything that follows. I retort on him the very language which he applies to me. He accused me of such a pro- clivity to error that I could not conform to the line of truth, or was continually deviating from it. I have convicted him before the Senate, by the evidence which I have adduced, of calum- niating the history and character of South Caro- lina, and of misrepresenting her con.stiiulion. He has done this, not in response to anything I had said, or anything which was legitimately connected with the debate. He has undertaken to charge me with ignorance of the law and the Constitution, which is perfectly independent of his arbitrary dicium — the dictum, allow me to say, of a man who has never conducted a great law case in this country. I believe no one would buy an estate worth jilU,OUO upon his opinion of the title. I would not engage him to conduct a cause, not that he is not a clear man, but 1 would not trust him as a lawyer. And yet he undertakes to be my judge. What right has he to pronounce judgment on me as a lawyer? I am reduced to a pretty predicament at this time of life, if I am to be subjected to such a judgment ! It is a judg- ment about which I care iiiile; and 1 do not sup- pose any man would give fifty dollars for it even in Massachusetts. " lie cannot ope his mouth but out there flies a blunder." I sincerely hope that what he has said is a blunder. 1 do not know but that he may have thought he would escape scrutiny and exposure. I hope that, when he ojjened his mouth and said what he did in reference to these matters, it was a blunder. He said of me, " the Senator touches nothing which he does not disfigure." 1 can say of him he has touched notliing which he has not misrepresented, except it be in his general decla- mation, and there is no detecting a man in that; it is a matter of taste. I appreciate highly the com- pliment I received this morning in tlie Boston Courier as to the merit of my speech. The Senator says of me, that "the Senator touches nothing which he does not disfigure — with error sometimes of princi|)le, sometimes of fact." I apply this to him with this exception: I say error nearly always of principle, sometimes of fact. I leave the Senate to decide between us in that re- spect. Again he said of me: " He showsanincapacityof accuracy, whether in stating the Constitution or in stating the law — whether in the de- tails of statistics or the diversions of scholarship." I shall not comnote with him in scholarship, for I should be vulnerable there; but " men who live in glass houses should never throw stones." Of all the things which that Senator ventured to do, 1 think he exposed his house most when he made that assertion, with the detection which I have fixed upon him of error, injustice, and ma- lignity. It is nailed upon him, and he cannot get rid of it. I care not how far fanaticism may undertake to influence the judgment of public opinion, it cannot alter the truth. Truth is sometimes slow in making its impression on the public mind, but, when made, it igevidcnce which produces a belief that cannot be resisted. That belief will grow out of my statements, my re- marks, and my references, and is just ascertain as the truth of the evidence, and he cannotescapo from it. 21^ M lo. I ^ ...f ii>4«^l«ou«UaEUl lUmi tiiM^la r«.- no- fid' h.. in>; . ftl. «). Wl'' Whrlifi oi{;hi, Bi mark*. I in a f.-w would II' Wrrkn. I Ih. ■ til Wl' no' - 8t. .■. I.r lour : nil. nol 1 «'•■ ul.l MokOAT. Jmtu 16, IKW. Mr itUTLKK. 1 desire U> |UT*rtil • ' . r : •I from Dr. Hoylr, wbu fr»l» tiiat Um ling, I Mk (hal It itMjr be frsd. 1 " Mrjr rvod aa foliuica: WkaaiMtwa Cm, ^M« 14, laOt. l>«ta Hia Thaaotc irad ut thr !««■—«» tin i> >i >y il» rciMlri* II or. rMary la jarttr* lo a; • ihaji iiiK'iii' f ha«r aiMikrii, •miV I mil my n.ii lh.v, . to bcrant' ii 1 ■ for ii—Mf »( : ..|- wo Uav mnim i t«wt<«« taa »hwww,^ It o(v at>. bav h. : • IK. <1, \V till \*a« ill'- Ai^iifrnM- il It wna not I on nny !. i> liir. .• 1 inritii-s inpa . Inch . ,s,r. I >. in- II reason por i.'- u> mr, or • v>. 1,1 M<»cr •i«>p to p«r1r]r ill A , and if It la nut rivrp. I III ■ .;i<- »ron|( if I roulii hrll> niyat U ; out xahm I mm in ihr rixiit I do not think anjr iiianran blame racfor rindtcaiing ray pniKi- pica. Now, air, I apiw■: eountrv. I api>r«l inthr Irnaona whirh it« h,,......,,,,,' ,.,.. I ..i,..,l II • •n>i HilTM tfTaaaT, M'a^MdU*,^ a. •*i». (i«rui( |u Um vm| cnur.*! MllMbua of ■/ I as4 lo t>r f^rr;, I mihm siau Umi h» II. . ar<-TfK r|rtcMaU4 kjr |U« kroUKi irlli. th. Ifu ten. ten. oft •a'-i . , •How nK to ail •prrrh, ir th. to-rv • ,..-. 1 , .. .1 hn no... Uoi. h.*; th. •hUi* .. ...--.. 1- ' 24 way from I».e Ups of the wound. We rcadiiy broke up the •dhes.on of ihe !.(« of ihe wound, and gnvc vent to the pui He «TUi much relieved by tlu^. The absorbent vessels Ind a few of the glands of Uie right side of the neck were a liuie inflamed, and tend, r to .he touch. We did not deem anylhmg ue.e,.ar> escepl a u.Ud pouluce, quiel for a lew days, and better diet. NVul.rr oi u» deemed -Mr. Sumner in any danger. Dr Lmd-ley and mv*elf visited Mr. Sumner, together, ihe neil moniii.-, at ten «VKH.k. He wiis doing so well ihai a cooiiuluug .urgeon was considered unnecessary. I wa« Uierriore di«-o«t.iiued by Mr. George Sumner, with the under^.andin-, that if his broUier thould become more ttswcll 1 »liould be ag:un called. Hearing nothing more of Mr. S., I presume his rase pro gressed favorably. Very respectfully, your obedient servant, THOMAS MILLER. Dr. CoRNELica Boyle, n'ashins:ton, District of Columbia. I address this communication to you, with a view to jui- tice to all concerned ; and for the further purpose of having myself appear right on llie record ; and autliori/.e you ta use it at your discretion. I have the honor to be, &.C., CORNELIUS BOYLE. Hon. A. r. Butler. APPENDIX. r.emnrh of Mr. Butler hi the Senate, March 5, 1856, on affairs in the Territory of Kansas; and in vindication of General .Itchison, of Missouri, to which Mr. Sumner, 171 his affidavit before the Inveatisating Committee, said his speech of 19th and Wth May teas a reply. TJie Senate resumed Die consideration of Mr. Weller's motion to print ten Uiousand extra copies of the President's me«iage of February 18, with llie accompanying documents, relative to atlairs in the Territory of Kansas. Mr. HUNTER. My friend from South Caro- lina, wlio ha.s ill.- floor on this question, is not Tfry well lo-dny, nn in the Confederacy, I will see at least that a neig^hbor's hand, moved, perhaps, by resentful riralrv, shall not wound the Chief I\Ias;istracy of the whole countrj'. The Senator from New Hanijwhire took exception to the course which the President has taken, by saying that he had comiuitted himself to a different judgment and a diffcnnt course of conduct by receiving Dorr when he was a refugee from justice from Rhode Island, and then siistained him by resolutions which were passed while he was chairman, Ij think, of some Democratic association. Mr. Pierce is arrayed against President Pierce. Does the Senator siipiliose that the Chief Magistrate of this Confederacy, after he has attained the high position which he now occupies, is to administer his trust as a common trustee for all the people of the United States, according to any opinions which he may have entertained on any fomur »»^casion, when he was chairman of a Democratic society? Why, sir, you might as well say that one ascending a mountain should slon half way and consult the vision which he then nad, rather than the certainty of the more extended vision which he would have after attaining the summit, where the horizon would be more distinct, and where h*- would have a large and more extended view. The Chief Magistrate of the United States is the tnistee of the whole Union. He is not the oryan of any portion of New Hampshire; nor IS he subject to any latitude. With the vigilance and even solicitude of a guardian, he must pro- tect the interests and rights of all who are com- mitted to his care. He is not now a party in the controversies of a former day, but a judge of all the parties J)efo re him. Sir, the last thing to which I can ever consent is, that any man who goes abroad shall wound the home of his residence. I am not specially interested in the history of New Hampshire, but 1 say that this is not the place to expose her in- tirm!tio«: nor in this the place to take occasion, iiileman ^ets a scat on this floor, to proscription the conduct of one of :/ens, who is now the Chief Magis- •mi. (■! u.e ("onfcderacy. I shall not justify Mr. Fierce for receiving Dorr at the time, but I will say in rehuion to him, that he was then compar- atively a young man, and that having cultivated the I.SSOI1H of liberty which his anceslnr had tAught him, much, in the language of Mr. Burke, IS to be pardoned to the spirit of liberty. Another thinf is to l»e said, that the judgment in relation irt n.irr hi^d not then been formed. It was then ■' ii'.,'h the ordeal of trial, and I know I- dyoungmanliadriianurftjanner of theology, incendiaries march, with | torches in their hands, proclaiming God's will, but doing their own. 1: I have stated ouu reason whv the Missouri line itiiould have been disregarded bv the southern l>coj>!e. IS'ow, I go further; and I say, in regard Ui the inunediate issue on which the President UnM made the proclamation, he is justified. How , woji it brought about.' I said before, that Gov- t-rnor Reedcr was responsible for it. I say so now. By what authority did Ileeder go to Ivan- j saa.' He Went there under the authority of a law regularly constituting a territorial govern- nKiit, He went there to be its Governor, and to cArry out the provisions of that law, just as juuch ju if the Missouri line had not been re- i jtaled. Ileeder received his commission as a tenant under a landlord; and I have always said tliut it was one of the wisest provisions of the common law that no tenant should be allowed to dispute his landlord's title, lie was placed there »■•= I - I.!. •■ 1; but what was his course? He first Legislature at Pawnee City. They ,■ there before they adjourned to the I i:n. He refused to sanction the uJjuUii.at<.i.t; and the very first bill brought to him afterwards was one chartering the Kickapoo Ferry Company, I think. He refused to sanc- tion the bill, and refus.-d to maintain the authority which had been conferred on him, and without whirh he would have been a criminal intruder. A« he MLUM there un^er the color of law, he was in B pumtion t« do much evil or to do much good. He WttJi the trusted ollicer on the quarter-deck in A alorm, and by hia judgment might save the »emae there is wisdom enough left to )>reserve repuD- lican institutions in durable form, should the pres- ent Union be no more. What was the President to do under these circumstances? Who brought about this catas- trophe ? What is the attitude of these men? Tliey have taken the laws into their own hands, and when they did so they implored David R. Atchison for mercy, and he saved them. Here I will do him the justice to say that he has not heretofore passed the Rubicon, with the spirit of an ambitious ruler; but if hereafter he ever passes that Rubicon, all his benevolence — and it is very large — will not enable him to overlook the taunts and insults which have been heaped upon him. If David R. Atchison shall ever pass the line ogain, and say as Caesar did, " I have passed the Rubicon, and now I draw the sword," I should dread the contest, for the very reason that he who goes into matters of this kind with reluct- ance IS most to be feared. Remember, sir, that Hector, at the siege of Troy, was tlie last to espouse the cause of one who had done dishonor to Priam's house, and he was the last to desert it. He perished for the coward who got liim into the dilTiculty. The proud patriot was averso to the quarrel of elleminate Paris — but once in, he was the last to yield up the honor of the house of Priam . Sir, this subject enlarges itself very much in the estimation of gentlemen who have spoken upon it. I shall use no epithets towards the Sen- ator from New Hampshire. I have thus far at- tempted to avoid them. I have characterized his speech, but 1 have usid no epithiits. The Sen- ator from New Hampshire undertakes to say that, throughout the whole of the controversy in rela- tion to the public domain of the United States, the South have been the aggressors. " Southern aggression" was the term on liis lips — southern aggression — southern insohmce and dough-face treason on the part of his own countrymen ! Both statements are untrue. I do not impute to liiin personal untruth. I make the remark in a his- torical and parliamentary debate, and lam speak- ing of transactions. Let the Senator answer me one question. When Virginia ceded the North- western Territory, out of which five free States have been created, was it southern aggression ? When she parted with that domain, and gave it over to the non-slaveholding population of tlie 29 Worth, was it southern aggression? She parted with her domain and bestowed it as a bounty upon those who have enjoyed it. I will not say who is the Cordelia or the Regan in the sisterhood, but I can say who has been the Lear. It was the Old Dominion. Little did Virginia think, when she planted those States by her own hand, that they would give rise to a controversy in which an opinion would be inculcated by which she should be reproached for her decrepitude. She can well say: " How sharper than a sprpent 's tooth it i3 To have a thankless child." Hostile allies have availed themselves of the power thus acquired, and, like a cockatrice, are willing to sting the bosom that gave them life. The nurses, however, are much worse than the children, some of whom I have reason to know are true-hearted, and are willing to maintain good faith, but for the intermeddling of fanatical influ- ence that regards no restraint of law and compact. Do you call that southern aggression.' The South then parted with her power, and now it is regarded as southern aggression when she resents the insults of those who have availed themselves of it. At least, this much may be fairly said — tlie fanatical portion of the North are willing to use ail the advantage thus given to assail the southern section. Now, look at the acquisition of the Territory of Louisiana. There the South agreed to exclude herself from all that portion of it north of 360 30', and one free State (Iowa) has been formed out of that portion of the Territory. The Senator from New Hampshire quoted the opinions of many Senators to the effect that Kansas is not to be a slave State. Sir, I do not know that it will be a slaveholding State. I say, however, that, when the southern portion of the United States parted with that dominion which we rightfully possessed , and allowed ourselves to be excluded from the Louisiana territory, we played the part of a gen- erous parent who has only met with the scorn and contempt which a want of wisdom justly de- serves. It was putting a rod in the hands of others, without knowing who they were, under the hope that it would be used as a weapon of common defense, but which has been used against the donor as a means of controlling his authority. When we obtained California, by whose treas- ure and whose arms was it acquired ? Sir, I will not imitate the example of the Senator from New Hampshire. I will not in my place allow myself to say that it was notacquired by northern as well as by southern arms, and by northern as well as by southern treasure. A protest was made that that acquisition was to redound to the South. Let me ask where the $300,000,000 which it is said have been collected from CaUforniahave been poured out like the dew of heaven, which arises in one place and descends on another. I will not say, in this connection, that I might emblazon the fame and gallantry of southern heroes and generals. I might be as proud of the gallantry of my own section, as antiquity was of the heroes of Greece and of Rome, and the heroes of Marathon. I will not refuse a common grave to the gallant Ransom, and the equally gallant Dickerson, who fell in the same battle. I would not deny to them the mingled wreath of the laurel and the cypress. Sir, in the face of the truth of. history, when we had shed our blood in a com- mon contest, and when we acquired a territory by common treasure, what is the fact.' Has it I not been appropriated to the non-slaveholding ' portion of this Confederacy, under a non-slave- holding constitution } That is southern aggres- sion ! Did the honorable Senator from New Hamp- shire think that he could satisfy any one who heard him on these points ? No, sir; but it looks as if he intended to feed the flames which are burning, but which he, in his benevolence, ought to extinguish. The gravamen of his argume'nt, however, is, that Texas was annexed with a view to pander to southern insolence and pride. Now, I intend, in that connection, to propound some questions which those who agree with him will find it very difficult to swallow. They have been so much used to eating dainty things at the North, that their stomachs are not quite strong enough for the wholesome food which I might offer them, and which their sentimental stomachs might reject. I will put my questions, however, to the Senator from New Hampshire, for I am better acquainted with him, and I suppose he is the organ, and stands at the head, of those who agree with him in opinion. Would he consent that Texas should have become a British prov- ince, with the certainty that England would place that province in the same condition as its West India islands, and with the certainty that her policy would be to make war on the institutions of Louisiana and other southern States ? Would he take the part of England in such a contro- versy, sooner than of those who have given us our liberties and our rights ? Would he consent that Great Britain should take possession of Texas, and make war, like a roaring lion, seek- ing whom it may devour among its neighbors ? Would he consent to that, on an acknowledged condition only that it should not have slaves, and should be pledged to make war on the institutions of the southern States.' Would he agree to make war on his southern confederates on such condi- tions and through such agencies .' The next question which I have to propound on that point is, whether they would consent that Texas should, up to this time, have retained her separate existence as an independent Republic upon our borders, carrying on, in a commercial ■ point of view, a competition with us, which would have redounded to the advantage of the South; because, if Texas had opened her ports under the doctrine of free trade, she would have conciliated her southern neighbors both by propinquity, con- sanguinity, interest, and trade; and she would have had a right to do it. The North would have suffered more by her separate existence than the South, because they would have brought goods to Galveston, and when they got there all the Sharpe's riHes and the pulpits of the North could not prevent them from going wherever the people chose to carry them. I say nothing about smugghng. Let those do it who are accustomed to it. I wish to make no invidious distinctions; but I may remark that the Yankee is a very keen fellow, and I think he is the pioneer at bargain- making and trade wherever there is an oppor- tunity. The next question I put to the gentleman is, whether they would consent now to remit Texas * ■•"•fe ^.^ A^^ ^ o >■ •^•^' ^^v -s'' ^^^■■y\ •?, y -«. s--^ •t. *♦ '^,„ _.-!.' ••.^•. ^.^, .^ ^ ^, >iff»;'