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Mr. Benton and Mr. Foote also attended.

Mr. Benton presented a paper, relative to certain questions propounded by him to witnesses, which had been ruled out by the Committee.

Ordered that the paper be filed.

The Committee directed that the last Question propounded to General Edny, at a previous meeting, by Mr. Benton, should not be put to the witness.

W. W. Moore, summoned at the request of Mr. Benton, being duly sworn according to law, testified as follows:

Examined by Mr. Benton.

Question 1. Can you produce the manuscript notes of that part of Me Foote's remarks, on the 26th of March, in which “cowardice" is charged upon Mr. Benton, and the trembling of his limbs, whitening of his face blanching of his countenance, is said to have been witnessed by Mr. Foote; and if so, please to produce them, and verify them so far as you can ?

Answer. I am foreman in the office of the “ National Intelligencer A few days after the the 26th of March, I received an official note Te questing me to preserve the manuscript report of all the controversy that day, as it might become a matter of Senatorial investigation hereafter The copy now produced has been in my constant possession since.

The witness then produced the said original manuscript, and read therefrom as follows:

"I hope everybody will become calm and quiet: nevertheless, I know of no bad feelings which I entertain towards any person in the world. ! am not much in the habit of dealing in personalities, and I have nere heard it insinuated on this floor that any Senator was a coward until thi moment. Yet, although I never intend to go as far as the Senator ha done, and never intend to make an assertion, inuendo or insinuatio whether connected with the present or early history of a man, which las not prepared to go before a jury and prove--though that is my course, feel bound to say that allusions to the cowardice of Senators would come better from the Senator from Missouri, when he dares on this floor, a elsewhere, to remove certain stains now clinging to his escutcheon, abov which I know the history-stains so foul, so detestable, that the least al. sion to them ought to be sufficient to cause his cheek to be suffused wi" the blush of shame. Whenever he clears himself from such stains as have alluded to—or, to be still more liberal with him, if the Senator remain in his present attitude, with that especial stain upon him I hare 2 luded to—that shaking of the limbs and paling of the countenance, 24blanching of the countenance under the influence of fear, I have witnesse and he knows it.—1 say, if, without clearing himself from this stain och escutcheon, the Senator will repeat his insinuations openly and fearless not as one who shields himself behind his Senatorial privileges, but as a man who holds himself responsible to the laws which regulate the int". course between gentlemen, he will hear more from me. shielded by his own established cowardice."

At present he is

Question 2. Did you print the report of the passages between Mr. Benton and Mr. Foote from your own notes? and if not, why not? And do you allow reports of personal altercations to be altered by the parties before you publish them?

Answer. So far as our own notes related to what was uttered by Mr. Benton, they were printed as furnished me by the reporter; but so far as they related to what was said by Mr. Foote, they were superseded by a revised report sent from the Union office by direction of Mr. Foote; as relates to the last part of the interrogatory, according to the privileges reserved to Senators, under their own resolution, they have the right to revise their remarks on every subject; and this is the only case of a personal altercation that I recollect to have occurred since the adoption of the regulations on that subject. It has been a rule with me not to submit per: sonal remarks to be revised.

Question 3. Did Mr. Foote's revisal alter the report of his remarks so as to make them different from the report of your reporter ?

Answer. The published reports, as revised by Mr. Foote, were different from the same remarks as furnished by our reporters.

Mr. Moore was discharged.

The Committee adjourned to Thursday, June 20th, at half after 9 o'clock, A. M.

JAMES J. DICKENS,

Clerk to the Select Committee.

UNITED STATES Senate, Select COMMITTEE OF APRIL 17, 1850.

Thursday, June 20, 1850.
The Committee met pursuant to adjournment.
PRESENT—The Hon. Mr. Pearce, Chairman,

Mr. Phelps,
Mr. Rusk,
Mr. Bell,
Mr. Shields,
Mr. Soule.

Mr. Benton and Mr. Foote also attended.

The following witnesses also attended;

Mr. Bright,
Mr. Hamlin,
Mr. Green, of Missouri,
General Edny,
Mr. Grund,
Mr. Sutton,
Mr. Bishop

Mr. Benton presented a paper, which was ordered to be filed.

Cross-Examination of General Edny, by Mr. Benton, continued. Question 43. In your first day's testimony, you said Mr. Foote told you he had been advised to arm himself, or in consultation with friends, had been so advised, in case of an attack upon him by Mr. Benton. Now, will you please to state whether this answer is to be understood as it stands, or whether you have anything to say in explanation or qualification of it?

Answer. It is to be understood just as it was answered; and I remember nothing more than I then answered.

Question 44. In your first day's testimony, you said that Mr. Foote told you that “ he believed Mr. Benton's object was to browbeat or bully the Senate, and thought it his duty as a Southern Senator to defend the Southern cause.” Now, will you please state at what time he said that to you ? and whether he gave any instances of this imputed brow-beating and bullying? And if so, when did they occur ? and what notice, if any, did the Senate take of it? And in deeming it his duty to defend the Southern cause, what reason did he give, if any, for providing a pistol to throw five balls ?

Answer. I do not remember that he gave any particular instance of Mr. Benton's brow-beating the Senate, but spoke generally of his imperious, unparliamentary manner in the Senate. I understood from Mr. Foote, the only reason he provided himself with his revolving pistol was that he had been advised that Mr. Benton intended to attack him, and that he was wearing it only in self-defence of his person. As to the other interrogatories contained in the question, I believe they are as fully an. swered as I am able to do..

Question. Did Mr. Foote explain to you how he had learnt that Mr. Benton had “lost caste" with his party in Missouri ? with whom he talked on that subject, or whether he had correspondents in Missouri in relation to Mr. Benton ? and whether they were Mr. Benton's enemies ? and whether he expressed any feelings with respect to Mr. Benton's future election? and, if so, please repeat all that was said at any time on each head ?

This question was ruled out by the Committee as irrelevant.

Question 45. At what time did you understand that from Mr. Foote? before, or after, the 17th of April ?

Answer. My impression is that it was between the time of the first unpleasant altercation between those gentlemen and the drawing of the pistol.

Question 46. Did he name the persons who so advised him? and, if so, who did he say they were ?

Answer. I have answered that in a former answer, and have nothing further to add that I remember.

Question 47. Did you ever hear Mr. Foote speak of the Vice Presi. dent's declaration in relation to preserving order in the Senate ? and, if so, what did he say in relation to it? and did he still deem it necessary to bring his pistol into the Senate for his defence ?

Answer. I can add nothing further to what I have already said in answer to a similar

question.

Mr. Benton and Mr. Foote having no further questions to propound to Gen. Edny, he was discharged by the Committee.

The Hon. J. S. Green, of Missouri, summoned at the request of Mr. Benton, being duly sworn, according to law, testified as follows:

Examined by M.. Benton. Question 1. Did you ever hear Mr. Foote say anything about putting Mr. Benton out of the party-or off of committees-or driving him out of the Senate-or challenging bim-or being challenged by him—or arming himself? and, if so, what did he say on each point, and when ?

Answer. I have no recollection of ever having any conversation with Mr. Foote on any of the subjects mentioned in the interrogatory.

Question. In what temper did he speak of Mr. Benton's prospects in Missouri-as a friend or foe- and as wishing him befeat or success?

This question was ruled out by the Committee as irrelevant.

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Mr. Grund re-called and examined by Mr. Benton.

Question 1. Did you ever hear Mr. Foote say anything about putting Mr. Benton out of the party-or off of committees-or driving him out of the Senate-or what he intended to say to him in the Senate-or challenging him-or being challenged by him-or arming himself ? and, if so, what did he say on each point, and when ?

Answer. I answer the first three interrogatories in the negative; in regard to the fourth, “what he intended to say in the Senate," he said to me expressly that he should muster all his forbearance and take great care not to say anything at all likely to lead to any difficulties, for he did not wish that ihe progress of the bill, or the appointment of the Committee, should be arrested by any unpleasant occurrence between him (Mr. Foote) and Mr. Benton. And he further stated that even if Mr. Benton were to make remarks in the Senate with a view to draw Mr. Foote out, he would answer in general terms, and without mentioning or introducing Mr. Benton's name. I remember Mr. Foote to have said that he had consulted several of his friends, and expressed his willingness to challenge Mr. Benton if they thought it necessary for the vindication of Mr. Foote's honor. Subsequently Mr. Foote told me that the opinion of these gentlemen was that it was not necessary for Mr. Foote to challenge Mr. Benton. As to arming, I believe I have answered that before.

Question 2. Do you know whether he was armed at that time?

Answer. He was not armed at the time of that conversation ; the con. versation took place in Mr. Foote's room when he was en dishabille.

Question 3. 'Had he arms ?
Answer. I do not know.

Question 4. What did he propose to challenge Mr. Benton for? Did he say that Mr. Benton ever spoke to him, either in the Senate of out of

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it? or ever noticed what he said in the Senate, during the present session, before the 26th of March last?

Answer. The conversation about challenging Mr. Benton was evidently in reference to the altercation that had previously taken place between Mr. Benton and Mr. Foote, in which Mr. Benton had made use of the language that Mr. Foote had spoken in terms fit only for a brothel, or words 10 that effect.

Question 5. Did you ever hear him speak of the Vice-President's decla. ration in relation to preserving order in the Senate ; and, if so, whether he still deemed it necessary to go armed to the Senate?

Answer. Never.

Mr. Grund was then discharged by the Committee.

Mr. Sutton, Mr. Hinks and Mr. Bishop were also discharged.

The Hon. Mr. Hamlin, of Maine, summoned at the request of Mr. Ben. ton, having duly affirmet, according to law, testified as follows:

Examined by Mr. Benton. Question 1. Will you please to say whether you sit near Mr. Benton in the Senate; if so, whether you ever saw him have any weapon, stick or cudgel in the Senate; or ever take notice of anything Mr. Foote said to him, or at him, before the 26th of March; and whether you have known Mr. Benton to leave the Senate when Mr. Foote was personal to him; and, if so, whether Mr. Foote continued his personalities after Mr. Benton left the chamber; and whether he was called to order, and stopped ?

Answer. I sit next to Mr. Benton's right hand; I have never seen bim have any weapons of any kind whatsoever ; I never knew him to take notice of Mr. Foote's attacks upon him before the 26th of March ; I saw Mr. Benton leave the Senate several times when Mr. Foote was personal in his remarks to him; in some cases, after Mr. Benton had left, Mr. Foote continued his personalities; whether called to order or not, afterwards, 1 do not recollect.

Mr. Hamlin was then discharged by the Committee.

The Committee then adjourned to to-morrow morning, at 10 o'clock.

JAMES J. DICKENS,

Clerk to the Select Committee.

UNITED STATES Senate, SELECT COMMITTEE OF APRIL 17, 1850.

Friday, June 21, 1850. The Committee met pursuant to adjournment. PRESENT—The Honorable Mr. Pearce, Chairman.

Mr. Phelps. Mr. Benton and Mr. Foote also attended.

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