The Sumner Assault—Mr. Brooks’ Letter — published June 4, 1856

WASHINGTON, June 2.—The following is Mr. Brooks’ letter to the President of the Senate, referred to in the Senate proceedings of yesterday.

HOUSE OF REPRESENTATIVES, June 2, 1856

 

Sir:—I have seen in the public journals of this morning the report of the Senate Committee to whom was referred a resolution of the Senate Directing an inquiry into an assault made by me on the 22d inst., on a senator from Massachusetts. It is with unfeigned regret, I find in their report that what I had intended only as a redress for personal wrong, has been construed into, or must necessarily be held as a breach of the privilege of the Senate. Whilst making a full and explicit disclaimer of any such design or purpose, I ask leave to say that, for the occasion, considering myself only as a gentleman in society and under no official restraint as a member of the House of Representatives, I did not advert to or consider there was any alternative restraint imposed upon me by reason that the offence came from a member of the Senate. I had read attentively and carefully a speech delivered on the 19th and 20th ult. by a Senator of Massachusetts, and found therein language which I regard as unjustly reflecting not only on the history and character of South Carolina but also upon a friend and relative. To such language I thought I had a just right to take exception, under the circumstances,—the Senator from South Carolina, who was effected by these remarks being absent from the Senate and the city. I had reason to believe that the personal responsibility for wrongs in personal deportment which would have saved me the painful necessity of the collision which I sought; and in my judgement, therefore, I had no alternative but to act as I did.

 

That the assault was made in the Senate Chamber was caused only by the fact that, after a careful search elsewhere, on the previous as well as the same day, the offender could not be found outside of the walls of the Senate Chamber, and the Senate had just adjourned for more than an hour previous to the assault.

 

I submit the forgoing statement from high respect for the Senate of the United States, and ask that it may be received as a full disclaimer of any design or purpose to infract its privileges, or offend its dignity.

 

I cheerfully add, should the facts as reported by the Committee of the Senate be nevertheless necessarily considered as a breach of privilege, as a conclusion of law, my earnest desire to atone for it, so far as may be by this unhesitating and unqualified apology, and that you will oblige me by communicating this to the Senate as its presiding officer.

 

I have the honor to remain, sir, with great respect, your servant,

P. S. BROOKS.

Hon. Jesse D. Bright, Pres’t of the Senate.

 

The Majority report of the select committee of the House, to inquire into the assault, concludes as follows:

That this House is of opinion that it not only has the power to punish Preston S. Brooks for a breach of privilege, but for an act of disorderly behavior.

 

And whereas it further appears that Henry A. Edmundson and Lawrence M. Keitt, some time previous to the said assault, were informed that it was the purpose of the said Brooks to commit violence on the person of said Sumner, for words passed by him in debate as a Senator, in the Senate, and took no measure to discourage or prevent the same, but on the contrary, anticipating the commission of the violence, were present on one or more occasions to witness the same as friends of the assailant, therefore

 

Resolved, That Preston S. Brooks be and he is forthwith expelled from this House as representative from the State of South Carolina.

 

Resolved, That this House hereby declares its disapprobation of said act of Henry A. Edmunson and Lawrence M. Keitt in relation to said assault.

Mr. Cobb, of Georgia, presented a minority report; both reports were laid on the table, and ordered to be printed. The minority report argues that no breach of privilege, under the Constitution, had been committed, and that the House has no power to go beyond the Constitution, in deciding that a breach of privilege had been committed.

The Majority report is signed by Messrs. Campbell of Ohio, Pennington and Spinner.

SOURCE: Richmond Daily Whig, Richmond Virginia, Wednesday Morning, June 4, 1856, p. 2

Messrs. Brooks And Sumner — published May 26, 1856

With regard to the assault upon Mr. Sumner, by Col Brooks, a statement was made in the Senate on Friday, by Mr. Wilson, of Massachusetts, which represent that Mr. S. was taken at very great disadvantage by his assailant. The following however, is said to be the authentic account of the affair.

Mr. Brooks waited at the Porter’s Lodge about an hour yesterday, and as long this morning, hoping to meet Mr. Sumner, with a view to attack him. Failing in this, he entered the Senate chamber to-day, just as that body adjourned, and seeing several ladies present, seated himself on the opposite side of Mr. Sumner. Soon all disappeared but one. He then request a friend to get her out, when he immediately approached Mr. Sumner, and said, in a quiet tone of voice:—

Mr. Sumner, I have read your speech with great care, and with as much impartiality as I am capable of and I feel it my duty to say to you that you have published a libel on my State, and uttered a slander upon a relative, who is aged and absent, and I am come to punish you.

At the concluding words Mr. Sumner attempted to spring to his feet, showing fight, but whilst in the act was struck by Col. Brooks a backhanded blow across the head with a gutta percha cane, near an inch thick, but hollow, and he continued striking him right and left until the stick was broken into fragments and, Mr. Sumner was prostrated and bleeding on the floor. No one took hold of Col. Brooks during the time, so quick was the operation; but immediately afterwards Mr. Crittenden caught him around the body and arms, when Col. B. said, “I did not wish to hurt him much, but only to whip him.”

No one knew of the anticipated attack but the Hon. H. A. Edmunson, of Virginia, who happened not to be present when the attack commenced. It was reported on the streets for several days previous that Mr. Sumner would be armed when he delivered his speech, and that if occasion required it he should use his weapons. He was not armed when attacked by Colonel Brooks to-day.

We append a sketch of the proceedings in the House of Representatives, on Friday, touching the affair:

Mr. Campbell, of Ohio, rising to a question of privilege, offered the following:

Whereas on the 23rd of May the Hon. Preston S. Brooks and Hon. Lawrence M. Keitt, members of the House from South Carolina, and other members, either as principals or accessories, perpetrated a violent assault on the person of Hon. Charles Sumner, Senator of the United States from Massachusetts, while remaining in his seat in the Senate Chamber, and while in the performance of the duties appertaining to his official station.  Therefore,

Resolved, That a select committee of five members be appointed by the Speaker to investigate the subject and report on the facts with such resolution in reference thereto as in their judgment may be proper and necessary for the vindication of the character of this House, and that said committee have power to send for persons and papers, and employ a clerk and sit during the session of the House.

A debate ensued upon a point of order.

Mr. Smith of Virginia, suggested to Mr. Campbell the propriety of striking out the preamble. It assumed as fact that which could only be ascertained as such on examination. Mr. Campbell was willing to modify the preamble, which he did to read: “Whereas it is represented, etc.” It was, he said, due to the House and all parties that facts should be presented in some authentic form, and could only be done fully and fairly through the committee.

Mr. Clingman said he was satisfied with the statement in the preamble that it was a gross falsehood, but he did not mean that Mr. Campbell had intentionally made an untrue declaration. The gentleman mistook him.

The Speaker decided the proposition in order. He said, substantially that it was represented or charged that a member of the House had assaulted a Senator while in discharge of his official duties. The Senate could not interfere with a member of the House, but it belonged to the House, if one of its members had violated the privilege of the Senate, to make an investigation, it being the prober tribunal for that purpose. The Senate being a co-ordinate branch of Congress, and covered by some constitutional privilege, it was the duty of The Chair to receive Mr. Campbell’s proposition as a question of privilege.

Mr. Clingman appealed from the decision of the Chair.

Mr. Craige was satisfied Mr. Keitt was not concerned in the matter in any way stated.

Mr. Campbell replied that if it should be passed, certainly no wrong would be done.

Mr. Keitt said he thought the dignity of the House required the investigation. His personal relations with the parties [had] always been those of friendship.

Mr. Paine inquired: is this resolution the result of precedent of action outside this hall or of [causas]?

Mr. Campbell replied that not one word had he heard passed by a member of any party as to such a course. He was influenced alone by the dictates of his own judgment and sense of public duty. As to who perpetrated the outrage; he only knew from what he had heard, although he saw Mr. Sumner lying in the ante-room adjoining the Senate Chamber with gashes on his head to the bone, and blood flowing over him.

Mr. Clingman repeated that he would leave the offender, Mr. Brooks, to answer to the law.

Mr. Letcher said that several years ago Postmaster General Hubbard was attacked by George Briggs, a member of the House, yet neither he [Mr. Letcher] nor Mr. Campbell thought it proper to bring the subject to the attention of the House.

The Speaker made a personal explanation. He had not been a party to any deliberation or consultation on this matter; and had no knowledge of the proposition until it was made from the clerk’s desk.

Mr. Brooks explained. I take the entire responsibility on myself, and state on my honor as a gentleman, no human being besides myself know when or where the transaction was intended to be made.

Mr. McQueen informed Mr. Campbell that a process had been instituted against his colleague, Mr. Brooks, who was amenable to the laws of the country. Mr. Campbell said he had no purpose to put any party in a false position, but he merely wished to ascertain the facts, there being so many rumors prevalent.

Mr. Haven appealed to Mr Campbell to omit the name of Mr. Keitt from the preamble.

Mr. Campbell assented.

Several gentlemen wanted him to strike of the words “other members,” but he refused, saying he had reasons for retaining them.

Mr. Keitt remarked that as his name had been withdrawn, he would say that he did not know the time nor the place where the act would be committed, and when it was committed he was behind the chair of the President of the Senate, with gentlemen from his own State, and he didn’t see the beginning of it. Therefore he had not the slightest preconsert with his colleague.

Under the operation of the previous question, Mr. C.’s proposition was adopted—yeas 93; nays 68.

The Speaker appointed Mr. Campbell, of Ohio, Allison, Cobb, of Georgia, Greenwood and Spinner, the committee. Mr. Allison was excused at his own request.

SOURCE: Richmond Daily Whig, Richmond Virginia, Monday Morning, May 26, 1856, p. 2