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draw the appeal which I made, and will submit a proposition by way of amendment to the amendment of the Senator from Missouri.

The Vice-President. The Chair does not understand the Senator's proposition.

Mr. Clar. The Senator from Maine [Mr. Hamlin] moves to except California from the instructions; the Senator from Missouri (Mr. Benton] moves to amend the amendment of the Senator from Maine, by adding some fourteen instructions. Now, I move, as an amendment to the instructions of the Senator from Missouri, the same amendment which I offered to-day.

Mr. Foore (interposing). The Senate will bear with me. I consider, Mr. President, that I have a right to the floor, having been interrupted, and having yielded for the purpose of taking a vote on the resolution just disposed of. I have but a single topic of remark to suggest; but if Senators desire that I shall postpone it until to-morrow, I will yield.

Several SenatoRS. Postpone it till to-morrow.
Mr. Foote. I dislike it very much, but will do so if requested.
Mr. Butler moved an adjournment, which was agreed to.

Mr. Parkhurst re-examined by Mr. Benton.

Question 3. Can you from memory, or from notes in your possession, make the account of what passed on the 17th of April more perfect and complete than in this printed copy; and if yea, will you please supply what is wanting?

Answer. I can, and I will:
Commencing at the part of the report which is included in [brackets.)

Mr. Benton rose from his seat, and passed rapidiy along the aisle towards Mr. Foote's seat; at the same moment, I saw Mr. Foote leave his seat, and pass directly forwards, towards the centre of the chamber. When he reached the centre space, I saw him attempting to take something from under his vest, in which he seemed to find some difficulty. Having drawn out the pistol, he stepped forward, as nearly as I can recollect, to the narrow aisle which leads to Mr. Benton's desk, and placed himself opposite to it, holding the pistol in an oblique position. In the mean time, Mr. Dodge, of Wisconsin, and several other gentlemen were following Mr. Benton,

who, when he came near Mr. Foote's seat, and saw that he had left it, i turned, and returned towards his own seat. It seemed to me that as soon

as he saw the pistol in Mr. Foote's hand, he attempted to rush down the . aisle towards him, and Mr. Dodge, of Wisconsin, and Mr. Dodge, of lowa, and other gentlemen, stopped him, and prevented his doing so. Mr. Foote exclaimed, as nearly as I can recollect, Let him come on, I am ready for him. Mr. Benton said to those who were holding him, as nearly as recollect, Let me go; stand out of the way, and let the assassin fire; I carry no arms; with other like expressions. He tore open his vest to to show that he had nothing concealed. Mr. Foote said that he had armed himself for self-defence. Several Senators surrounded Mr. Foote, among whom was Senator Dickinson. I did not see the pistol taken from Mr. Foote. When I next saw Mr. Foote, he said, I have no arms. My recollections of the remainder, for a few moments, until the Senators had resumed their seats, is very imperfect. The rest is furnished by the report.

Question 4. Did you hear Mr. Foote say whether he had been informed

I can

that Mr. Benton had threatened him, and that he had been advised to arm, and had done so for self-defence ?

Answer. I think I did.

Question 5. Did you hear Mr. Benton say anything to that; and if so, what ?

Answer. I do not recollect distinctly.

Question 6. Did you hear him, or not, say anything about its being a pretext; and if so, what?

Answer. That is in the report.

Question 7. Did you observe whether Mr. Foote spoke loud or low be. fore Mr. Benton rose to go towards him, and whether he changed his voice from higher to lower, or lower to higher, before Mr. Benton rose up?

Answer. I did not observe it distinctly; and find but one blank in my notes, which I did not hear; the blank was within less than half a minute before Mr. Benton rose.

Question 8. Did Mr. Foote ever finish the remarks he was making when Mr. Benton rose-either finish them on that day, or any subsequent Answer. He did not finish that sentence to my knowledge.

Cross-examined by Mr. Foote.


Question 1. Did you hear Mr. Benton say, after his return to his seat, that he would have cut off his ears had he not left his seat?

Answer. I did not.

Question 2. Did you hear him say anything of that kind, or explanatory of his intention in going to Mr. Foote's seat?

Answer. I did not.

Re-examined by Mr. Benton. Question 1. Did you hear anybody say that he, Mr. Benton, would have cut off Mr. Butler's ears?

Answer. This question was objected to by the Chairman, and ruled out by the Committee.

Mr. Benton and Mr. Foote having no further questions to propound to Mr. Andrews or Mr. Burr, they were discharged by the Committee.

Mr. Phelps, of Missouri, was also discharged.
The Committee then adjourned to Saturday, June 1st, at 10 o'clock A.M.


Clerk to the Select Committee.

United States Senate, SELECT COMMITTEE OF April 17, 1850.

Saturday, June 1, 1850.
The Committee met pursuant to adjournment.
Present—The Hon. Mr. Pearce, Chairman,

Mr. King,
Mr. Bell.

The following witnesses attended:

General Edny, of North Carolina,

Francis J. Grund,
Mr. Benton also attended.

The Committee adjourned to Tuesday, June 4, at 10 o'clock.


Clerk to the Select Committee.

United States Senate, Select COMMITTEE OF April 17, 1850.

Tuesday, June 4, 1850.
The Committee met pursuant to adjournment.
PRESENT-The Hon. Mr. Pearce, Chairman,

Mr. King,
Mr. Bell,

Mr. Shields.
The following witnesses attended :

Mr. Bright,
Mr. Bradbury,
Mr. Hamlin,
Mr. Jones,
Gen. Edny,
Francis J. Grund,
Mr. Parkhurst.

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The following card appears in the National Intelligencer of yesterday morning. Our readers can judge whether he has bettered his case any by showing that Senator Benton did not get near his seat, nor half way to it.


The subjoined “ Card” was handed to our reporter yesterday, explanatory of what took place in the Senate on Wednesday:

In the report of the unhappy occurrence which took place on yesterday in the Senate, I regret to perceive one or two slight inaccuracies, which I hope you will promplty correct. The inaccuracies alluded to are not in the report of the debate, which is one of the most accurate I ever saw,

but in the following statement:

[Here Mr. Foote, who occupies a seat in the outer circle in front of the Vice-President's chair, retreated backwards down the aisle, towards the chair of the Vice-President, with a pistol in his hand ; Mr. Benton, a mo


ment before, having suddenly risen from his seat and advanced by the aisle, outside the bar towards him, following him into the aisle down which the Senator from Mississippi had retreated. In a moment almost every Senator was on his feet, and calls to “order,” demands for the Sergeant-at-arms, requests that the Senators would take their seats, from the Chair, and from individual Senators, were repeatedly made. Mr. Benton was follow. ed and arrested by Mr. Dodge, of Wisconsin, and, in the confusion and excitement which prevailed, he was heard to exclaim from time to time, “ I have no pistols !" “Let him fire !” “Stand out of the way!" "I have no pistols !" "I disdain to carry arms!" Stand out of the way and let the assassin fire!'' While making these exclamations, Mr. Benton was brought back to his seat; but breaking away from Mr. Dodge, of Wisconsin, who sought forcibly to detain him, he advanced again towards Mr. Foote, who stood near the Vice-President's chair, on the right-hand side, surrounded by a number of Senators and others not members of the Senate. Mr. Dickinson took the pistol from the hand of Mr. Foote, and locked it up in his desk, and Mr. Foote, on the advice of Mr. Butler, returned to his seat.]

Now, as to the RETREAT" spoken of, it was simply a movement in a line--which made something like a right angle with the one along which the Senator from Missouri was advancing. On seeing him advancing, I simply glided towards the alley leading from the Secretary's chair to the door, intending to take a defensive attitude, and then await any assault which might be made. I could not have done otherwise, without in a certain degree endangering the lives of unoffending persons. You seem to represent myself as being pursued by my antagonist down a narrow alley. If you allude to the alley along which I walked in order to take my defensive attitude alluded to, you are in error, as the person alluded to did not even reach my seat, nor even get more than something like half-way from his seat to mine. The fact is, that I neither retreated from, nor advanced upon, the Senator referred to : I simply advanced to a convenient position for purposes of defence. You say " Mr. Dickinson took the pistol from the hand of Mr. Foote.” This is true; but I would add that it was cheerfully surrendered on application being made for it, and upon seeing that I was no longer in danger of being assaulted. I regret that I have deemed it necessary to make this explanation, but I did not know how to avoid it.


Mr. Benton also presented the following extracts from the Congressional Globe.

(The extracts referred to are marked in the printed copies of the Globes which follow.)

I was likewise cognizant of the peculiar relations which have for some time past subsisted between the barnburning and abolition gentry of the Empire State and the Senator from Missouri. Yes, sir, all these things I knew, and I hope duly appreciated ; but never did it enter my head to conceive that there was in existence a human being—a meinber of this illustrious body, too-representing among us one of the slave states of the confederacy-who would dare to take upon himself to bring for

ward a bill like that which has made its ghastly apparition among us this morning, and which, if it should become a law, without amendment, will completely unsettle the question of slavery in all the vast domain which it proposes to purchase from the State of Texas. I say unsettle the question of slavery in all the territory referred to ; and I say so upon grounds which cannot be disputed; for no one can deny that the annex., ation resolutions already cited did most effectually and permanently settle this question in all that was then recognized as the State of Texas. Yes, sir, the Missouri compromise principle was expressly applied to the territory annexed, and thus was all contention upon the most exciting and perilous question ever agitated in the republic completely precluded. The bill now brought forward, as will be perceived by those who will examine it, nullifies this Missouri compromise principle in all the territory proposed to be purchased ; and every acre of it is placed in the same plight and condition precisely as California and our other recently acquired possessions. Now, this will be held to be not a little surprising by those who are aware that the introducer of this very bill at this moment stands instructed by the Missouri Legislature to vote for the application of the Missouri compromise principle to all the territory within which the adversaries of our southern institutions are striving to establish the dominion of abolition.

But the honorable Senator has been still more daring upon this occasion, and has ventured to assert, in the plainest and strongest language, that by the Texas annexation resolutions the free soil principle as it is called, was introduced into all that portion of Texas situated north of the line of 36° 30'. The honorable Senator was never more in error in his life, sir. I do not doubt that some such absurd and unfounded idea may have gained entrance into his cranium, when the annexation measure was under consideration ; and in this way we may perhaps account for the honorable Senator's having himself voted for that measure, after having exerie i himself to the utmost to defeat it; and yet. I repeat that he never has committed a more egregious blunder in his life than in this instance. Why, sir, Texas was admitted as one State she was admitted as a slave Stale, as she yet is, and as I doubt not she will permanently remain. By the terms of annexation no new State can be formed with. in her limits, save with her own consent. There is not much free soil, I opine, in this arrangement. But the case is still stronger ; slavery is not excluded except from such State or States “as may be formed out of her territory north of the Missouri compromise line.”

Mr. President, I feel that I have some right to complain on this occasion that an attempt has been made by the honorable Senator from Missouri to appropriate to himself the credit of originating this scheme of diviiling Texas. To be sure, he has fallen upon a different plan of divi. sion from any which my mind had framed; but the proposition of divid. ing Texas, with her own consent, with a view to multiplying the num. ber of our confederated sovereignties, I claim to have first suggested and to have promulged before such an idea had ever entered the head of that Senator. I will go further now, sir, and assert that his whole bill is most manifestly borrowed from the bill originally draughted by me, and minutely described, at my instance, in the columns of certain newspa

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