The Committee appointed in conformity with a resolution of the Senate of the 17th of April, 1850,―report¿

That, at the request of Mr. Benton and Mr. Foote, they summoned witnesses and took much testimony, which is set forth at large in an appendix herewith presented...

In order to a proper understanding of the facts into which the committee were directed to enquire, it is necessary to premise, that on several occasions prior to the 17th of April last, the Senator from Missisippi, (Mr. Foote) had indulged in remarks personal to the Senator from Missouri, (Mr. Benton)-that, on the occasion last preceding the one in question, Mr. Benton complained of these personalities, in strong and violent language, addressed to the Senate; retorted the personalities upon Mr. Foote, spoke of the failure of the Senate, to protect its members from such insults; and declared his determination, if the Senate did not protect him thereafter, to redress the wrong himself, cost what it might. He also said, in substance, that a member offering such insults should be cudgelled. On the following day, Mr. Benton brought into the Senate, the newspaper report of the altercation, which, he said, had been revised by Mr. Foote. He pronounced it a lying report, and denounced it as cowardly.

On th 17th of April, the Senator from Missouri, (Mr. Benton,) said, in debate, as follows:

"SIR: I intend, by these amendments, to cut at the root of all that agitation, and to cut up the whole address of the southern members, by which the country was thrown into a flame. I mean, to show that there was no foundation for any such thing; that is, I mean to offer a proposition, upon which the votes will show that there has been a cry of wolf,' when there was no wolf; that the country has been alarmed without reason and against reason; that there is no design in the Congress of the United States to encroach upon the rights of the South, nor to aggress upon the South, nor to oppress them upon the subject of their institutions. I propose, sir, to give the Senate an opportunity of showing that all this alarm has been without foundation; and I further propose to give to the people of the United States the highest declaration that can be given on earth that they have been disturbed about nothing; and when we come to that part of the question, we will see whether they are abstractions or not; and if 1-Doc. 170.

these are abstractions, then the country has been alarmed about abstractions."

To this, the Senator from Mississippi, (Mr. Foote) replied as follows: "I repeat that I did not come here this morning in the expectation of saying a word; and especially, would I not be heard referring to anything emanating from a certain quarter, after what has occurred here, but for what I conceive to be a direct attack upon myself and others with whom I am proud to stand associated. We all know the history of the Southern address, and the world knows its history. It is the history of the action of a band of patriots worthy of the highest laudation, and who will be held. in veneration when their calumniators, no matter who they may be, will be objects of general loathing and contempt."

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"Those who were associated with and sanctioned that address are charged with being agitators, and by whom? With whom does such an accusation as this originate? I shall not be personal, after the lesson I have already received here.. I intend to be, in a parliamentary sense, perfectly decorous in all things. But, by whom is this extraordinary denunciation hurled against all those individuals who subscribed this address? By a gentleman long denominated the oldest member of the Senate the father of the Senate., By a gentleman, who, on a late occasion".

At this point in the speech of Mr. Foote, Mr Benton rose from his seat, threw or pushed his chair violently from him-passed through the opening in the railing into the passage behind the bar of the Senate, and without remark or gesture, but with an angry countenance quickly strode down the passage without the box of the Senate, towards the seat of Mr. Foote, which is distant about twenty feet from his own-both seats being in the back row, next the bar. Mr. Benton had no weapon of any kind in his hands, or about his person.

Mr. Foote, quickly perceiving the movement of Mr. Benton, and almost simultaneously with it, left his place on the floor, and proceeded down the small aisle which leads from his seat to the space in front of the secretary's table, and which is the one next to the principle aisle.

As he did so, he looked over his shoulder and drew a pistol from his pocket; the pistol being a five-chambered revolver, fully loaded. Mr. Foote cocked his pistol, either while going down the aisle, or after he had taken his position in front of the secretary's table..

Mr. Dodge, of Wisconsin, quickly followed Mr. Benton, when he moved down the passage without the bar, overtook him within seven or eight feet of Mr. Foote's seat, and took him by the arm; when Mr. Benton said, "Don't stop me, Dodge." Mr. Dodge then said, "Don't compromit yourself or the Senate," or words to that effect.

Mr. Benton then turned with Mr. Dodge, and was going back to his seat when he perceived the pistol in Mr. Foote's hands, which seemed to excite him greatly. He got within the bar near his seat, and struggled with the Senators around him, as if desirous of approaching Mr. Foote, exclaiming, "I am not armed;" "I have no pistols;" "I disdain to carry arms;" Let him fire;" "Stand out of the way and let the assassin fire.' While

making these exclamations, Mr. Benton was brought back to his seat, by the Senators around him.

In the mean time, in the midst of great noise and confusion, Mr. Foote had remained standing in, or near, the position he had taken, with his pistol in his hand, cocked, but with the muzzle down. Mr. Dickinson of New York desired him to give up the pistol, which he readily did, when Mr. Dickinson locked it up in his desk. Soon after both Senators resumed

their seats and order was restored.

After giving this narrative of the proceedings in question the committee feel bound to say that the whole scene was most discreditable to the Senate.

Its origin must be traced directly to the violation, of that rule of order, which forbids all personalities, which, though, it allows a member to speak with the utmost freedom of the measure or subject before the Senate, does not allow any digression in order to arraign the motives or assail the character of any other member who advocates or opposes it. This rule is not founded, merely, in conventional decorum, or that natural courtesy which prompts men to avoid what is painful or unpleasant to others. Neither it it only because of the dignity of the body, that "reviling, nipping, or unmannerly words," are forbidden to be spoken. It is requisite for the freedom and purity of legislation that such a rule should be made and strictly enforced. As no deliberative assembly can deserve the name which is overawed by violence, so, the deliberations of such a body to be free must not be disturbed or checked by personalities of language, which, are even more painful to the generous mind than violence itself-from which not only the timid but the sensitive shrink, and which prompt men of impetuous character to quick and passionate resentment.

To preserve the judgment undisturbed, freedom of thought unawed, and due liberty of speech unchecked, it must not be allowed that one member should denounce another's motives, or arraign his character for anything said or done within or without the Senate chamber.

If it should happen that the conduct of a member prove to be infamous he may be expelled as unworthy the association of the body-if he utter mischievous opinions in the Senate, they may be controverted and their ill tendencies there exposed. But, from mere personal assaults nothing but evil can flow. They lower the dignity and character of the body, disturb its decorum and harmony, overawe its deliberations, impede its business, destroy its usefulness, and tend to introduce the law of force in the place of reason and the law of parliament. Still worse is actual personal conflict between members. "A blow struck in the House of Commons," said the Earl of Ancram, "is a blow struck at the whole commons of England!" If the assault endangers life it rises to a great degree of enormity; and in a republic of which law and order are the main springs, it must shock and outrage the moral sense of the public as well as the Senate in the highest degree.

It is much to be regretted that the Senate has, for some time past, and until very recently departed in its practice, from the strict rules of order in debate, and tolerated personalities, which were increasing in frequency and violence. This neglect of its own rules, may, in some degree, palliate, but can in no wise justify or excuse the personalities which led to the scene of disorder and violence into which the committee have been directed to enquire. They rejoice that the late presiding officer of the

Senate, after a careful enquiry into the rules of the body, announced it to be his duty and his purpose, as it is the right of every member promptly to check all such disturbances of its order.

The application to the question before them of the principles and considerations which the committee have stated is a painful duty, but one which they must perform, without favor or prejudice.

In the first place, they report to the Senate, as their unanimous opinion, that Mr. Foote is entirely innocent of any design or desire to assassinate Mr. Benton.

But, they are bound to say, that at various times during the present session, Mr. Foote, without any sufficient provocation, so far as the committee are informed, indulged in personalities towards Mr. Benton of the most offensive and insulting character, such as were calculated to arouse the fiercest resentment of the human bosom.

These were suffered by Mr. Benton for a long time with great forbear

ance.

On the 26th of March last they were renewed, and on this occasion Mr. Benton manifested his resentment with much violence. On the succeeding day he recriminated in language equally personal, disorderly and abusive; he complained that the Senate permitted such outrages, and announced his purpose, if the Senate did not protect him in future, to redress the wrong, cost what it might.

On the 17th of April last, Mr. Foote spoke again and used the language which is set forth in the narrative of the committee. This language, the committee consider personal and offensive, because its application to Mr. Benton could not be mistaken, and because in effect and by implication it charged him with being a calumniator. That Mr. Foote was not promptly called to order by the presiding officer or some member of the Senate must have been owing to the fact, that the collocation of the passages in the speech was such that the personality was not immediately perceived. Indeed the application of the term "calumniator" to Mr. Benton was not made until the moment when the disorder arose. At that point, in the remarks of Mr. Foote, Mr. Benton left his seat and proceeded towards Mr. Foote in the manner already mentioned.

He was not armed, nor does it appear that he ever has carried arms, but the contrary. This, however, it is believed, was not known to Mr. Foote. What his intention was the committee have not been able to ascertain by direct testimony; but they cannot avoid the inference, from all the circumstances, that he intended either to make a personal assault upon Mr. Foote or intimidate him. His manner, coupled with his previous declarations, was, certainly. such as to justify Mr. Foote in the belief that the first was his intention, as it evidently did excite such apprehensions in the minds of many, if not most of the Senators who witnessed it. Mr. Foote then left his seat, without advancing towards Mr. Benton, but in fact placing himself further from him, and though he drew a deadly weapon he did not present it, and readily gave it up when demanded of him. No blow was struck; no shot fired; but there was imminent danger that the Senate chamber would be scene of a deadly and criminal encounter.

The committee cannot too strongly condemn the practice of wearing arms in the Senate chamber.

Ours should be the deliberations of peace, patriotism, and wisdom, uninterrupted by personalities, uncontrolled by force, unintimidated by pre