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[478] of Ohio1 offered a resolution appointing a committee of investigation, with a preamble stating the reported perpetration of the assault by Brooks, with other members as principals or accessories, on Mr. Sumner while remaining in his seat in the Senate engaged in the performance of the duties pertaining to his official station. The Southern members, with a body of Northern Democrats, under the lead of Clingman of North Carolina, strenuously contested the resolution, declaring the preamble false, and maintaining that there was no question of privilege, as the assault was not committed on a member of the House; but the Speaker, Mr. Banks, ruled against them, and an appeal from his decision was laid on the table. The resolution then passed by a vote of ninety-three to sixty-eight. The Speaker appointed as the committee Campbell of Ohio, Pennington of New Jersey, Spinner of New York, Cobb of Georgia, and Greenwood of Arkansas,—the first three Republicans and Northern men, the last two Democrats and Southern men; not all of one party, like the Senate committee. The Senate committee reported May 28, with a notice of precedents, but without comment on the transaction, that the assault was a, breach of the privileges of the Senate, but not within the jurisdiction of the Senate, and punishable only by the House, of which the assailant was a member; and recomended a resolution transmitting the report with affidavits to the House. The resolution was at once agreed to without debate or dissent.2 So the subject was disposed of in the Senate; but public sentiment in the free States was not satisfied with the reserve which senators continued to impose on themselves in refraining from comments on the assault.3

The house committee met on Saturday, the day after their appointment, and on the Monday following began the investigation. Brooks, though formally invited to be present and

1 Campbell had taken Sumner's hand immediately after the assault, as he lay in the anteroom. Works, vol. IV. pp. 261, 357.

2 Toombs was afterwards said to have voted no, but the Congressional Globe does not record a negative. Later (June 24), when the subject came up incidentally, Hunter denied the jurisdiction of the Senate, maintaining against the precedent that the assault was only cognizable in the courts. (Congressional Globe, App. p. 656, 667.) Pearce maintained the conclusions of the report and at the same time apologized for Brook, “s act. (Globe, App. p. 665.) Mason contemplated a motion to rescind the Senate's resolution, but did not carry out his purpose. Seward's ” ‘Life,’ vol. II. p. 279.

3 J. S. Pike in the New York Tribune, May 24 and 26. The silence of the report as to the outrage itself was the subject of comment in the New York Tribune, June 4.

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