Historical Newspapers of South Carolina

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"" " ' ' " ' ???? .J'"?' miiiim miiwmi h n??? ? ?pa? i?bb? n i in i ?n n i i i mm nun i i i i_?^? llT i k # Wft! i) *"N fffi ix i' I ll it IJ' - X IJiJ | I* ; . - [ . r I .: r , ; J , \ Vtl YT\ V- > sh' i }>y v ll-X- {y c ~~7- > V > <> ^ L *'mJ " L. j DIVOTBD *0 MTlRATURft, fHE ARTS, SGJBBCK, AQRIGU3MC0RB1, HEWS, POHW?, &C., M. TERMS?ONE DOLLAR PER ANNUM,] "Let it bo Instilled into tho Hearts of your Children that the Liberty of the Prcsr. is tho Palladium of all your Rights."?Jnnlu.t. [PAYABLE IN ADVANCE. VOLUME 4?NO. 1G. ABBEVILLE C. If., SOUTH CAROLINA, Fid DAY MORNING, AUGUST 22, 185(5. WHOLE NUMBER 172. THE 11%' I> E I* EIV B> E .Vfi' runusiiKD \vm;i,y, at ai:i:i:yii.i.i:, s. AT ON E D O L L A 11 A Y K A 11, HAS a circulation of nearly one thousam in Abbeville District, aiid i* constantly 'increasing. lla circulation in thus Slate f "about fourteen hundred, and its entire list o subscribers nutnbers over sixteen hundred. I 'is therefore offered to the mercantile ninl busi 'ness conuuunity generally as the best adverti ' ling medium in the up-country of South Car 'olina. HATJ*S 01* ADVKKTISING. 1 square !} months $ -1 1 square <? months 0 U' 1 square 12 months 1 ?> f?< 2 squares :i months <"? n< OlJUilil'9 U II1UI1I1I.1 * * - - - - III CM 2 squares 1*2 month* 15 (n it squares 3 months Oi 3 squares 0 months 12 (>' 3 squares 12 months 20 in 4 squares 3 month* - - - - - - 10 ill 4 squares fi months 1."> in 4 squares 12 months - 0< 5 squares 3 months 15 0) 5 squares 0 months ...... *20 (i, 5 squares 12 months :,o in CSSF* Advertisements inserted f.ir a short*-: perioj than tlircc months will he chnnred 7i cents per square (12 lines or lw.?) for fir-i. insor tion and :?7i ]>er square for eaeh continuance. r&}~ Any one advertising bv annual ?>r.-:enii annual contract can change his adverlisemcir monthly, if he desires. ?3$" Subscribers to the pnper who do nol pay their subscriptions witliin the year will l.i charged SI 50. [April 2", 1S*5."? nnsoELiiAisnri flnonrh of TTT^inno T In the Ilour.c of Rcprcscntat't ecs, Jnhj !t 185G. The House having under enusiil cration the report of the commit fee 01 the alleged assault of Jfc,). Preston S Brooks on Hon. Charles Saunter, oj the Senate. Mr. Sit.akku : I will not enter into a: elaborate reply to the speech which has bee: delivered by the gentleman from Ohio, | Mr - Bingham.] One or two assertions made bv that gentleman I must notice, however, .*m?] notice them very distinctly. After indulging in an intensely ewjui.-itc paroxysm ol transcendental eloquence about the wrong5 of Kansas. h? s.nva tlm? Kn>..c;., stricken down in consequence of his pleadiug in behalf of the people of that Territory. T know that such an impression ha* heen already attempted to bo produced uu the public mini). The statement is n<>| warranted by the : it is untrue.* Tlir factsare these: NTy colhngtiu [Mr. 1 ?rook> j approached Mr. Stunner and paid: "I have read your speech carefully, and with as much calmness as I could be expected to read soeh a speech. You have, libeled my State, and slandered my relation, who b aged and absent, and I f< el it to be my duty to pxinish you for it." There is the catssc of the assault?not lhat the Senator from Massachusetts m ad< a speech against the repeal of the Missouri compromise, and in favor of the admission of Kansas into the Union as a Slate under the Topeka constitution ? not in protestation against what he calls the wrongs o! Kansas?no, sir, mv colleague was actuated i -ii - ' " . - - uy uoumr impulses. Jie had heard ot tin; Senator's speech; but wlien lie s::w in print the language indulged in against J.is native Stato and a near and aged kinsman, then absent, lie felt that there was a liigli ami holy obligation resting on him to step forward ami repel the insult made oti the character of his State ami his relative. Mr. Speaker, with reference to person.ili:ic.< in debate, I have to say this : I have been a Representative on this floor for seven years, and during that time T have not had a personal controversy with any member. I never had occasion to indulge in invective against States or individuals. ]hit, sir, whenever I feci called on to inveigh against any State or individual, T liolu myself responsible for what T nlier out of the llouso as well as in iL There is no other rule to bo observed which can give men security n'ninsf. fli<> IHmlc nf il.? .y 0 VI iVUi-IIKMiiil ed slanderer v.ho chooses lo indulge intthem under the privilege which he enjoys an n worober of this or the other House of Congress. ])r. Franklin was right when lie ut J&ifcd the fwntiment, "My proposal, then, is fto leave the liberty of the press untouched, to be exercised in its full extent, force ami vigor, but to permit the libcrl;/ of the endpel to go with it I'uri passu /" lie might Jjave *Qii 1 the game thing of freedom ol ftpeceb; It is no more a violation of the t freedom <>f speech to hold a man to person : M responsibility when he transcends wlial * legitimately belongs to thr> argument? (wtxii ? nrciuucr it) JlfCOUnt OlIlSKlO O thollnllfor what Jio speaks or-ptiblislic! jmJUotly inveighing against another, than jt Wft violation of tlio freedom of tho press to hold to personal responsibility nn edito who'prortitufes his columns with slander. ngniftBt individuals forvwhich .they have u< adequate rttrrtotly^ I? it n^t an every-da; occurrence that editors slandering peopl< meet Vi&their just roward?a broken head TWifU as great a violation of the Consti tqtfcrf,''e&uring freedom of the pr?w>, a gppt^HJori pretend ' lias been committed b; pay <5oliengue on Uie Senator from Masga cliuMttfc; and yet would this House tak cognizance of the affair^ or would they 1c 'ifye codrts. tlie proper judicial tribunal fo ju4gWg of ?flenses, administer justice bf fwoen tile parties ? 'jljetc was anof'ifr thing said by tha'j^en ?j t.leman from Ohio. I.Fe said in}- colleague . struck down ^Tr. Sumner with ;i hlnd</con. [That is not true. The testimony is that i Mow was inflicted with an ordinary walking . | cane. Tlie witness, who testified to the J,! size of the cane, after careful measurement, f! said that at 1 lie upper end, near the head, t j it was an inch in diameter, and at the other " end only live-eighths of an inch, and that ~ j it was hollow. Vet the gentleman talks I about a bludgeon in a manner that one I would suppose, if the facts were not known, , 'llinl rnV l.n.l -1 '> , ??? nil li:w:ll uumi IIIC I i j Senator willi a club, or I dudgeon of great. ' dimensions and weight. If my colleague 11 has violated llie privileges of the llousp, ,; let the violation be fairlv stated. Let there )!l>e no exaggeration. Fair play, gentlemen, > is a jewel. My colleague would he incapa' hie of doing you such an injustice as a mis' statement, of the facts, with a view to ag?*ra, vale or excuse the alleged olVence. If lie l! has violated the privieges of the House, it '; is due to truth and justice that he should he 1 j judged of here and elsewhere by the tesI' limonv ynu have taken, and not by the ' hyperbole with which rhetoric may invest them, to "round a sentence, or turn a period." I know, sir, why all these things have J been paraded before the public. The object is to onenifi' on fln> inil.u.. .1 ' i regard to the coming presidential election.! Here is tlu! foundation for .'ill this clamor; i i't>r who before ever heard <>f a personal controversy magnified into such consequence as iliis. No! contented with ten ih<>ii<an<! misrepresentations of the affair, through the i press, ami in public and private circles, more - j than eighty members /A/.v morn in f/ voted ' ; in i fleet 1o print at the public expense one hundred thousnnd extra copies of the report ' tif the select committee, more tlian one tliird of which report is a reprint of Seiiai | tor Sumner's offensive speech in full. And j i ' what ? When, sir. in thehis'orv of this | 1 ;... ..i- ?i. c i 1 .. , w. hi.- ?-vikiii,1 iias ii i?civ.n: docii ( j found nco^sary that a Committee on l'riul-j I ing should recommend to the lion-oto print one hundred thousand copies of tin? f| report of a committee on a question of privII lege lbr circulation, :in<l to he paid for at ; j tin: public expense ? Wbv, sir, it is iutendj ?-<l as an electioneering document for the I ii< publican party. That is what it was for.1 : It was intended to be scattered all over the j i North with a view of holding everybody ! upon this Jloor, who did not vote with these i gentlemen in favor of the investigation, and ' who may vole against the expulsion ol my colleague, responsible for the assault com- i mittcd. That was the purpose of it. \t.. 11 --> * f.i. 11nKiu.iii, ^micrrupung.j \\ ill tin: I "enileman allow mo to ask him a question? Ivu'kI njjainst the amendment of the gentleman from (leorgia | Mr. Cobb] to limits tile number to ten thousand copies, and was opposed to printing out! hundred thoii' sand copies. I preferred a number between the two. Does the gentleman mean to say,; therefore, that I voted for it as an election- j eering document to assist the Republican cause? I say that T did not vote for it as an electioneering document, for the simple reason that I owe no allegiance to the lie-: ])uh!i<-an party, and am opposed to it in j ' cvei v wnv. Mr. Nichob. I desire lu know of the, Chair whether anobjection li> these inter-; I rujitions <!miliar tlic progress of lliis discus-! j sin:: will stop them ' ! The Speaker. An objection will do so. j Mr. Nichols. Then I desire to say tliat, | during tlie progress of the discussion on j i this (paestioiij 1 shall interposo objection to every interruption that occurs in inv presI enee. | Mr. Orr. This, sir, is a part of a system j to further inflame the public mind ; and if j ' tho gentleman from l'ennsylvauia did not i I vote for it for that purpose, then ho east a! 'vote, without intending it, the elTcct of; i which was to affect and injure the party I I that he professes to belong to. I Mr. Hickman. Will the gentleman al-j 1 low me} i The Speaker.. It is not in order unless j ' l?v unanimous consent. Mr. Gallowny. T object. The Speaker. The gentleman form South ! Carolina has the floor, and cannot yield it j to another member wiilmnt ?lm />nncr..?? .?? ; I j the I louse. | Mr. Loiter. I object. ; I Mr. Orr. Tliis systematic effort to misf lead and inflame the public mind of the > North does not slop here. I propose to - take up the report of tho majority of the L committee, together with tho testimony which was taken, pending tho examination f before that committee, to show that there ? was either a. very strong prejudice in tho i minds of. the gentlemen composing tho ma\ jority, or else, tbat they wero" looking out I r I with a view of preparing a document that u 1 VtfAlll/1 KA omUA4 - ? *1-? ? -* ?VUIU uoui ccivimi iii.uiu iipproacnj inp presidential election., , f Mr., Cnrtfpboll, of Ohio. Will the gen? llemari allow jn? a word !? . ., ( ; ? Mr.Orr. The gentleman is going to reply - to-me, and I have several things to Ray s about thiS';re|>Art;- *1 d4*it ;irt"Whdnes's. 1 y do HOt intend to be personally offengiy^^o ,, the gcntletnan1^ bnt I. am at liberty tocgAe irtent tipori the i-eport and tept': t trion^,' I'intend to exercise .|h^t privir legfc. It ia reinarked, sdito vocc, that is h what Mr* -Sumner was knocked do*n fo?. XI7I T 1 * | w nenever 1 mnice a personal aWftttH ion ntty inan'j'atid he desires to indulge in tM'Wkary I of ntU'mplinjr lo knock mo down, ho will find mc here, or at 4 5f> H street, or twice a day upon the A valine, leading from hero to my boarding house, ami 1 shall not appeal to tliis House for protection. Now, sir, the majority of the committee in their report says: ''The wounds are severe, and calculated to endanger the life of the Senator, who remained for several days in a critical condition." That is the opinion of the learned doctors on the majority of the committee, ho.whil l?v m?* .Iwfln guished friend from < Miio. Well, sir, it is an oli] proverb, and a very true one,.tliat if is the privilege <if doctors to disagree, and there seems to ho a very great dilferonoc of opinion upon this question between the learned doctors of the committee a'.-i l>r. IJoyle, who was tlie attending physician on Mr. Sumner. ITe states in his testimony thattiie wounds were flesh wounds, and in conclusion lie .says : "1 have seen no medical nlan with him hut myself. There has been none there. There arc a great many friends present, and they make Mr. Sumner a great deal worse than he is. They say he has a fever. 1 have never discovered any. I have been his constant attendant. :im1 I lmvn known his pulse at any moment higher lliaii 82 clog." That is what the doctor says. Now, 011 the 20th of May, in the afternoon, the ?1av after this tcstimany was taken before the committee, Dr. Doyle was dismissed from further attendance on the ease, and upon what ground? lie was dismissed in a letter addressed to him 1>\* Mr. <?eorgc Stunner, which I wiil read. It is as follows: Sixth Stui:i:t, Wednesday, p. m. Dkau Siij : < >wing to the very critical situation of my brother. Dr. l'erry has consented to remain in Washington to attend, him. In justice to you and to Dr. I Vnv, I must state that he docs this at the rc?|U?*M. of myself and of many of my brother's friends. l>c so good as ! > send me your hill, and to accept my thanks for the attention shown to my hrother. I mil, dear sir, trulv vour*, < ;KOKCI-: SLWINKU. ])r. 1 ??>yl>; was dismissed as llio attending physician of Mr. SmnntT, on tlx; ground j that his friend fn>m l'nston?l>r. IVrrv? was there ready to I:?!? his j?laco. '>n the morning of tlio OOtli of May?a t!:iv and a half after Dr. Movie was dismissed to r ... n.. i?' -- t nmnu iwiii ?vi it. i. ti ly?wnen 1 'r. ivrrv was called for at Willard's, the liott-1 wheivj lie had Keen stopping, it. was that he liail left that morninj* f>>r Host on, ami that is Uic last that lias heen hoard of him in this city. Senator Stunner then being in a critical condition, ami his family physician i hajipfniix to he hero, or living sent for, tin* attending physician is dismissed, and in thirty-six hours after (hat dismission, l>r. Perry himself leaves. Would he, Mr. Speaker, Iihvo left if he had believed that the condition of his friend, Senator Simmer, was critical ? Is there a man on this floor who believes one word of it? And yet tiio learned doctors of this committer? b}' my distinguished friend from Ohio?conic out and say, ''The wounds wore severe, and calculated to endanger the life of the Senator, who remained for some days in a critical condition." Again: this committee says: "Jt is not much tit say that the weapon used was of a deadly character, and that the blows were indiscriminately dealt, at the hazard of the life of the assailed." Hut, before 1 pass on to that point: Dr. l'erry, it seems, was brought before this investigating committee, and testilied under oath, lie declares that Dr. Doyle had treated the case professionally and skilfully, ??l tl.ot l.n .1. .,.-?.? iiku MMtu iiu oti?v nwkiiiii^ 111 liiu treiuinciiL of tlie case to take exception to ; thus confinning, in every particular, the professional capability and merits of I)r. Boyle. Well, tho committcc goes on then to make these remarks which I havo jnst quoted. "Tho instrument was of adeadlv char acter." Now, Mr. Speaker, I Jive in a pretty civil community, but I have seen men whipped with sticks, and have seen hickory sticks broken over men's heads; but never yet have I seen a man's life taken by such an instrument or weapon as an ordinary walking cane. I know that such things have chanced ; but the cases are exceptional, and of very rare occurrence. I have known other cases whero death was produced by slight wounds, when inflammation supervened. But because the pricking of a needle in the finger occasionally produced death, would it do for the gentleman from Ohio, in frankness and in candor, to say that a needle is a deadly weapon ? Mr. Campbell. Shall 1 answer the question now? .<* .. ,i i* : -'. Mr. Orr. No ; I prefer yoiW0 answer when I get through. I have several things for yon to answer. - : Now, air, was it cAmlid, was it frank, Was it.just, iir the,' majority of the commit^ te<2, to sendforth that paper, Setting out the (act that Senator Sumner was , assaulted with a deadly weapon 1 And why did they do so1! ' I do- nt>t know : I will indurgsitt'iw *r*6ittrtffoxtw <A the majority. 'HlWV^dSr of-the report and the.teatiiDQPy .may deduco his own conclusions. I hope the honoraple ciiainnan and hia associates will be abw to SAtisf* . the IIouso and the country what they did mean f ' ~*SL - - ts.i-.mjf jim-immyhmi **? ibiw iiuue.wjl u.? by representing :i hollow gntta pereha cam one inch in the largest point and five-eighth of an inch in the smallest part, as a dcadl; weapon; ami why they went further b; declaring that the weapon was calculate) i to endanger life, ami that he lay for sonv | time in a critical condition?when thophys : ician testified that his pulse, for six day j after the assault was committed, never ex ceeded eighty-two heats in a minute. lint, Mr. Speaker, that is not all. It i surprising to me. that this whole question <j privilege should have heen disposed of lo the committee as tlippantl}' as it. seems t< ' have been disposed of by this report , What dues the iTOntlemnii i rum oliio i I chairman of tin; committee, say? II ' says: "Tito rotnmillcc <lo not iliscuss tlie power of the House to punish its disorderly members, nor do they undertake to argui the general question :is to what constitute a broach of privilege. The passage of thi resolution raising the committee is regardei as a declaration on the prut of the lloiisi of its power to call its members to aceonn for such acts as violate the privileges <i the Senate." I T<; does not undertake to argue the gen oral question as to what constitutes a btvacl of privilege, or the power of the House without any law, to punish therefor. Tin ! ' ' - vMiiiuiLii.'u assume nere inal llio raisin; of tin; committee, under tlie* resolution offer oil l?y tlie gontlman from Ohio, prejudge; ami predetermines tliis question as '.o privi : lege. Well, sir, I have liel'ore mo the pro cowlings of that metnoralile day?the 22< <>l" May?that gave hirtli to this committee The gentleman from Ohio offered his roso lution, aii-1 before taking his seat, witlion uttering a single won.) explanatory of hi resolution, lie demanded the previous qnes lion. Tliere was no debate. Mr. Campbell. The gentleman frosi I .Nnitli Carolina |Mr. ('lingmanj 11n 1 tin t!oor for an hour. Mr. < )rr. The gentleman from Ohio i: mistaken. The gentleman from North Car olina had tlic floor oil an appeal which. In look from the derision of the Speaker en tcrtainiug the quest ion as a privileged <jnes ti'>n. Jlo ocenpied it hut a few moments Mr. Campbell. lie entered into tin merits of the ease. Mr. Orr. Xoj aeeording to the reprnl here, the gentleman from North Carolinr ; may have occupied not exceeding ten min | lltes. Mr. (.'lingman, (in his neat.) At furthest Mr. Orr. Sav ten minutes at the nut I J.ln 'I'! i ' . I 11(1111 t'IIIO MlCCOt'llCii in ol>ti?iiiin<L|r lli?* Hour when (In: gcntlemai j from North Carolina took his scat. Ami \vlial*li<l liii <!o then I>i<I ho go on and debate tlio ijiK-stioii ? Not. at all. Fee!iup jeonrnh.MiL tlint lie lia<ltlic power to pass tin resolution without <lel>nt<', the gentleman i no veil to lay the appeal of the gentleman from North Carolina on the table; ami there! >\ cut oil' an ! precluded any furtliei debate, even on the incidental question o order. Now, Mr. Speaker, the gentleman went fnvtlier, and did not act with his ususnl' in geiiuousncss; for, when he wsis eatechizee by the gentleman IVoin North Carolina, ami one or two other members oi' the Mouse lie says: "Tho ol'j. et of the resolution is siinpl) lhat the facts my he brought before tin House in an authentic form. It is due t< the I louse that they should.*' Again, in another place, he says; i '*Thn ITOIllf. of ll>n ? w ? \. 1| i\ certainly work no wrong to cither gentle limit. My purpose is simply to hare tin fact* j> resented Now, Mr. Speaker, with these two deela rations and others of a similar import, 01 the lips of ilits gentleman from Ohio, I hi mover of the resolution, the gentleman who above all others, must have best, kuowi I what the resolution contained?(T bclievi it was read but a single time, and passei without debate)?with these declaration: coming from him that tliat was tho onh purpose he had in view, the gentleman nov I turns round and says in his report he wil I not argue the question of privilege, or o i the power of the Mouse, because the House l;np..Uin,rll.n^ tl. < : - ? I ... uav vvMiiuiiivc in uivr.Mi^auoii, n;r I prejudged I hose question*. Was it fair l-)icl the gentleman, if ho contemplated tin action of llie House that day was to deter miuo the question of privilege, this proa constitutional question, act ingenuously to wards the IToiho l>y stating that all Ik wanted was simply an investigation into tin statement of facts, that the facts might hi : reported to the House, without saying any ! thing about the question of privilege buinj I dr>f<>rnmir>il nf ?ill 1 Hut thero is Another tiling connects with the proceeding* before thin committee to which I wish to call attention. I find from the repoij, that after Dr. lioylo ba< given his testimony pretty fully, before tin committee, ho w'as subjected to a cross-ex amination by (hp lionyrjible gentleman fron New. Jersey, fMr.Penniiigton.J Wei I,.si i when I^fiavo" been engaged in nisi pfiu cftsta flthomc?wlicrt I lmtfo been einptoyei a* counsel to present tlin-aidoof my olienl I ltave occasionally/^propounded si;cU quea tipqs to witn^ses. Now, why (lid Uio.gen tleman from New Jersey?and I |ioj>o h vrill'tftko'thc flocfr'at the pro)^ titiijynnc e*platft thio ifohttcr?nfterl)r. lioylo hm , submitted his testimony, propound Jo s Iiim these qncsl'otis? "Were you aceideny tally called to attend Mr. Sunnier?" "What i" are your political allni'ilies?" 1 >i< 1 (lie goii1 llciiian from New Jersey moan to declare, In* propounding those questions, that (lie - witness was unworthy of credit? Ueeanso, j s if he did not mean directly to discredit j tin; tfstinionv, he meant to produce an inr . pression upon the public mind, that, in con-1 5 sequence of political bias, he was incapable j f of ?jivinix a correct statement of the facts, j Sir. I'enninffloti. Head the answer of: Jti ic witness. . J Mr. Orr. Tsuppose tlisil llieanswer totho . i i(Mention sMislted tin? gentleman?it ought i! j to have satisfied him that. Dr. lloyle's polities did not per .<.v discredit him, having l?ien an -1 old-line Whig? the lute politics of the genj tlctnau from New Jersey. The answer was, i!! "I ain an ol. 1-line Whig, if 1 have any polis' tics.'' The \\"liii^ party is defunct, and ho i? | has started oft' in one direction, and Dr. 1 I M>yle, peihapse, in another. At least, the a gentleman might lo liftvo spared this qnont dam political friend of his the asking such f a question as that. Again, he asks Dr. Doyle, "Were you - hail for Mr. P.rooks?" Dc. D. answered in i j tlx.* negative. Now, (lie conclusion I come >, to, in reference to that question, is this? i'jan>l if it is the correct one the gentleman r tVi>m New Jersey can so state when he - comes to reply to me?I have no douht s the gentleman from New .Jersey had heard - the statement that Dr. l'oyle. was the hail of Mr. I>rooka. lie had heard so; and, if 1 that he the solution of the matter, it coii. i linns the view I presented a few minutes ago, that there have hcen ten thousand and 11 urn: false rumors put afloat upon tlies sul>sl ji'ct, with a view to mislead ami pervert - the public mind. The question as to Dr. 1?V. polities nt i I varied tlie attention of my friend from :' (Jeoruin, [Mr. Col?l>,] of the committee, j ami he inquired of Dr. l?oyle: ''Do you s j threat your patients with reference to their j political opinions, or <lo you judge more : l>v the puke?" Now, if it was not for the - purpose ol" discredit in*.; I>r. 1'oyle, why <li-1 - the gent lorn.in from New .Jersey propound . questions, llie only effect of which could he to produce that result ? Sir. IYutiinglon. "Will the gentleman L from South Carolina yield the floor? i Mr. Nichols. 1 object to all interruptions. Mr. Orr. The gentleman will have an ! opportunity. .1 Mr. 1'ennington. f shall take the opj>orJ tunity. I The ^pe.-iker. Objection w made, and II tin- gentleman from South Carolina will I I proceed. I Mr. Stephens. I do not wish, for one, to I be considered as acquiescing in the dee.is; ion of the ('hair, that any one objection i r:in tiri?vi?nf fin *?? < ?!' il?<* nni?p/M? < I.? fowl. i spiking. 1 I The Speaker. Tin; Chair thinks that il is not the right, under the ruh-s, of agon- ] II I Ionian holding the door to assign it to any I j oilier poison. ! Mr. Orr. I will proceed, as I do not , want a question of order raised in I lie mid11 <ll<: of my speech. When Dr. "Perry?a ; I : friiMlil ill" \lr Siimnnr .ir?.l flm P..5.....1 ..-t. ? "" ? ?? ?' " . was to attend liim after "1 >r. ]?oyle was dis! uiisso<l?was examined before the comniit| too, lie said, in answer to tlio question, wlieth;! or he regarded the treatment of Dr. ]?ovIe 1 I . , ? proper: 1 ' f have Hot seen anything that was not. i perfectly proper. I have seen nothing my- I I self which I <Io not regard as perfectly pro j fessional." 1 i The day after Dr. l'ovle testified before j1 ! the committee, he was rcealled, and sullied | ] ( > Ins testimony jis follows : "I was railed this morning, at ahout half i j?ast nine o'clock, to meet Dr. I'errv in con- 1 ! saltation. This is the first time 1 have met ! | any medical gentleman there. When I | j visited Mr. Sumner 1 found him excited and i feverish, his pulse ahout a hundred ; and at one time it was a hundred and three, and ! at another ninety-eight, ro that it would av- | eragc ahout a h.imdred. It was cansed, in j I i 111V oiiinirtr. I>v tlir> / InQinrr r\f wnitnd - j "v -*i **' *v v""'? *" ,"""""" fj !>v the application of liquid cuticle, (asolo- i ,! tioii of gun-cotton and chloroform,) wliicli <! I applied to the wound yesterday. It closed ? i up the wound, and prevented''the flowing < : of the pus, which, of course, caused him to < - l>e excited and restless. I opened the t wound this morning, and he, was immcdi- i ately relieved ; and lie has felt a good deal ] i better ever since. I am poulticing it now. i ? We have given him no medicine up to to- i i day, with the exception of Congress water. - \Y u have, to-day ordered five grains of Doj ver's powders every three hours, just to allay the excitement." 1 I think I have shown conclusively that >, the representations of the.gentleman from , Ohio, [Mr. Bingham;] a* to the causes of ,1 the assault and tjio nature of. the weapon, c are unsupported'/hy testimony'.' Tliavofur ther shown' that the testimony of llie attetid1 ing physit-ioh, who, of .all others, is tlie ', most competeot, to prdnonrice, entirely fails ? to stislairi the representations of tho report i Hs to the pcnotirt chnVaktef of the wounds t, and the critical condition of Mr. Sumner, h I have'shown tha^ the /eport and tho pro-. ii cijedirtgs tafrirc lire committee, in taking e testimony, smack of partisan feeling; and, 1 finally, I hav^ slipwri that' tho',lXouBe, in J J adopting thb resolutions:1 of 'thtfgcntlcmbii from Ohio, | Mr. Campbell,] were not invited to decide upon the question of privilege, but they were to grant simply an investigation into the facts, and that they arc now free to make up any judgment on tlio question of privilege, ami their power to punish for its breach, which an impartial consideration of the Constitution may impress upon the consciences of the members. I'pon these points I desire to submit the reasonings and conditions of my own mind. "Privilege is a right, exemption, or immunity, possessed by one or more persons, but not common to all the people."? Prior to the time when our fathers assembled for the purpose of framing the Constitution, they had been living under the English (iovi-rnim-iit. They were familiar with flin fissnmnf.iiitic r?f il?r> Uplf!al? mcnt in their pretensions of privileges. It liail grown tolio a monster?a colossal power in (lie I'ritish Government. It was carried to sueli an extent that,through Parliament it overshadowed the Crown, tho courts, and even the liberties of the people* Magna Charta itself bowed to the supremacy of Parliamentary privilege and dignity. Our fathers, when they came to frame a Constitution, with the full ktiowledgo of these faets before them, guarded against these dangerous assumptions, and declared, in rx/>rcx.t fcrmx, what privileges should inure to Senatois and to Representatives.? They were determined to leave the subject in no doubt, and guarded themselves, andf as they supposed, their posterity, against nil sueh monstrous assumptions which arc readily set up l>v men whose caprice, passion or prejudice becomes law. under the pretense <?t' parliamentary privilege. Thor Constitution dcehroa that? "T!icy siiall, in all nise?, cxc-pt treason, li-liiiiv, and Ureacli of the peace, Ito prh'iIrt/ril from tirnsf during tlieir attendanccr at llie so>.<nun uf llu*ir respective Houses, ami in going lo and reluming from the same; and Inr any speccli or debate, in ei-> tlwr I Iim?c, tliev shall nr>t l>c nmstioiwd ir? anv oilier )>I:n*?\" Siicli are the julvifcjxcft i>naratitii-tl tor members of Congress. When the member from i >liio askCTvhctiiur the Senate lias no power to protect itself, ] would inquire, ami i <lo it confidently, it' lie claims it as a constitutional privilege, that this IIousc, or thcr other House of Congress, has jurisdiction! uvwr persons lor acis none outside of the House?not within it?not in its presence ?not to disturb its sessions?to point nie to (ho clause in the Constitution which confers any ^neli power ? This is a (iovernmcnt of limited powers. All the pivileges of Congress aro expressly enumerated. Tlio argument of a necessity lor that power claimed, l>ut not to l>c found in the Constitution, is one that will lead to tin; greatest tyranny. It is a pretension a?f ilangerous as it is unconstitutional. If von can assume one power not granted by the Constitution, from necessity or any other plea, why not another? Sir, the Constitution not only defines the privileges of members, but it also, in express terms, declares what are I lie powers ol' each House of fh? National Legislature. The gentloman's argument is predicated on tho ground thafc this body, bring an organized legislative body, lias of necessity the power of selfpreservation?that that is a power inherent in it. Suppose the Constitution had said nothing about proscribing rules for the government of the House: tho House could iioi ir.ins.ict- mismerw without rules, and if Litis argument of necessity or inlierent right wore admissible, surely it would be to allow either IIousc* to prcscrilte rules, even if tho Constitution 4iad omitted mention of thai power. So it is with reference to judging of the i'lrctions returns, and qualifications of members. Without constitutional or statute law there could bo no other tribunal to determino but the ITouse itself. Yet the Trainers of the Constitution, with that wisdom which characterizes everv nnrt. nf tlmf Sr?. <trumenf, defines in the first instance what the general powers of Congress should bef ind then what should be the respective duties And powers of the two TTouses separately. What are they ? One is? "Knell House shall bo the judge of the elections, returns, and qualifications of it* own members, and "a majority of each shall constitute a quorum to do business," &c? "Much House mnv determine the rule** of its proceedings," <fcc. "Each llonso shall keep a journal of its proceedings, and from lime to time publish tho same," ic. "And lite j'eas nnd nays of tho members of either House, shnll, nt the desiro of one-fiflh of I hose present, be entered on tho journal. ? Here you percclve tho minute detail of the powers to be enjoyed and exorcised by the respective Houses?so minute as to preclude tho idea for a moment tlint others were to Ih? onjoved inherently?/from necessity or uv imjiiirumJll. VyQUlU ll.t prOVlSlOIlS llQVO been more minute when it is Been tbat the making of rules fort,ho' proceedings of tl>e two Houses is specially conferred! And with tlieso facts staring n$ in the fece, how can it be pretended, by ariy man *ho desires to give tho Constitution a fair and irtipartial rending, tlirtt tbey vrould have loft tho life, liberty and property of the crtii?n?, by implication, in tho hands of either Hoitso of Congress, to be disposed o^ vytbont previons laW^lis a mnjqrity, in unl^twd 1m<l unlimited discretion, may deeiri^ 'pWpe*T?i