which Mr. Blake entered, and was met by Go-general denial of the charges preferred by the vernor H. and they shook hands together. article in the Telegraph. Question by the accused.-Did the accused give his reason on your first applying to him for declining the reconciliation. * Question, by the accused.-How long have you known the accused; has he always, during your knowledge of him, suffered from a severe Answer. Yes, he did give his reasons; he wound, still unhealed, in the right arm; and is stated to me that Blake had branded his cha-the wound such as to disable the arm? racter in some publication, perhaps, or in some Answer-I became acquainted with Gen. dispute with him; he assigned that as a rea- Houston in 1827. On intimating my intention son why he would not receive him, but would to visit Tennessee to Mr. McDuffie, of this take time to think of it. If he went into a de- House, he gave me a letter to Gov. Houston, tailed statement of the circumstances of their who was then Governor of the State. We met differences I do not recollect it. I recollect at Lee's Spring, a watering place in Tennesthe general expression. He said "that Blake see, where we remained together some time; had branded his reputation," or "that they had while there I examined his wound; I had unhad a quarrel in some way." derstood the object of his visit to the springs Question by the accused.-Did you, in the ac-was to renovate his health, which had become cused's absence, at New York, see the publica-impaired by this wound. The wound is in the tions in the Telegraph charging him with right arm, about two inches from the shoulder fraud in relation to the contract for supplying joint, it was caused by two balls which entered the Indian rations? Did you write an article to the upper part of the arm; and, from having exculpate the accused from those charges, and lacerated the integuments very much,the wound send it for publication to the Globe? Did you was running much, and is still running-I ex- . show the article or read it to Luther Blake? amined it this morning. He is disabled in the Have you endeavored to obtain the article from use of it; he could not exert it so as to strike a the Globe, and seen the editor search for it,and blow, or any thing like that. was he or was he not unable to find it? If so, what were the contents of said article, and what did Blake say as to its correctness? Question, by the Committee.-Which article in the Telegraph have you reference to, and on what day was it published? Answer-A few days before Gov. Houston Answer.-I alluded to the charge against left the city for New York, probably the very Gov. Houston of fraud in the rations of the Inday before he left here, he observed to me dians-I do not recollect the date, I cannot de"that he had understood before he came to the signate it particularly, but the article contained city, probably in Philadelphia or Baltimore, charges of fraud against Gov. Houston. It may that Duff Green was about to make an attack be well enough for me to state it was the first upon him about Indian rations." That was the article which appeared on that subject in the first I had heard of it. On finding that I knew Telegraph. nothing about it, he read to me a publica.ion Question, by the Committee.-In the piece which he had made, I think in an Arkansas you wrote, and showed to Judge Blake, did paper, on the subject. After he left here a you state any thing relative to the proposals few days, a picce appeared in the Telegraph made by Mr. Houston to the War Department on the same subj-ct, and as he was not here to in the name of other persons to supply the Inanswer it, I did write a piece and sent it to the dians with rations? Globe, refuting in general terms what had appeared in the Telegraph, and begging the Question, by the Committee.-Did you state public to suspend a decision on the matter un-in that piece any thing relative to the proposals til he should return. I mentioned these facts made by Judge Blake, or by Mr. Prentiss, or this morning to the counsel of Gov. Hous' on, by David Butler, jr.? Answer.-I think not, who "told me that it was all-important to reco- Answer-I did not. I mentioned none of ver the manuscript of this article." their names, nor did I mention any thing about I went to the office of the Globe, and after-it. wards to the house of Mr. Blair, who searched Question, by the Committee.-Did you state for the manuscript in vain; he told me he would in the piece alluded to, any thing relative to an bring it to the House in 15 or 20 minutes, or interview between Judge Blake and Mr. Houshalf an hour, if he could find it. After I had ton, on the 21st of March, 1830, or any interwritten this piece for the Globe, I sent for Mr. view between them from that day to 24th of the Blake, (known generally as Judge Blake,) to same month? my room, and invited him up. I read to him Answer.-I did not. this piece, in which he concurred most fully. I Question, by the Committee.-Did Mr.Housobserved to him, that these remarks embraced ton leave the Arkansas paper containing the the grounds, as I supposed, on which he and publication alluded to by you, in your possesHouston had quarrelled. He said he believed sion, or had you access to it when you wrote t embraced the greater part of them. I said the piece for the Globe? o him, have I stated any thing here which is not correct? He said no, or gave assent, by words or gesture, that I had not. I can't reply Question by Mr. BURD. Do you know to the latter part of the interrogatory fully, for whether Governor Houston is right or leftI did not keep a copy of it, but it contained a handed? Answer. He did not leave it with me, nei. ther had I access to it. Answer.-1 do not know! Question.-By Mr. BURD.-As a professional man, do you, or do you not know if one limb of a man be disabled, so as to throw more exertion on the sound one, whether such sound limb receives increased strength or not? Answer. That inference must be made by gentlemen for themselves. General H. always goes armed. Before he went to New York, he had the same arms-belted around him, and I know that since he had the dispute with Mr. S. he has worn the same arms. Question by the accused.-What did Mr. Hous. Answer.-I believe it is a settled principle in the philosophy of our profession, that it does-ton say to you, about attacking Mr. Stanbery? yet it depends very much on the constitution and personal habit of the individual, or the em ployment in which he is engaged. As a general answer, I should say that it would, perhaps. Question by the accused.-Do you, as a professional man, think that a man's having for many years a running wound in one of his arms, increases the general strength of his body and other limbs? Answer.—I should think that it would not. We know that it would tend to debilitate the system, and not to strengthen it. Question by the accused. Did, or did you not, in the article written by you, refer to the publication of the Telegraph, and in general terms deny its correctness, and did not the said Blake read the publication in the Telegraph, or speak of it as if he had read it? Answer.-I did reply to the article in the Telegraph in general terms, denying the charges preferred there against General H. Whether Mr. Blake had read the article or not, I cannot tell; but I repeated to him the general contents of the article in the Telegraph, which was then lying on the table. Question by the Committee.-Can you state any one sentence, or the substance of any one sentence written by you for the Globe? Answer.—Yes, I think I could state, and perhaps accurately. I said the charge of the fraud as alleged in the Telegraph against Governor Houston was unfounded. I adverted to the publication of Governor Houston which he had shown me in the Arkansas paper prior to his leaving here for New York. Question by Mr. COOKE, of Ohio.-Where do you reside? Answer.-In South Carolina. Question by the same.-How long since you arrived in this city? Answer.-I think it was the 20th or 22d of January-I do not recollect the day of the month; it was about the middle of January, perhaps. Question by the same. Have you been an intimate associate of Mr. H.? Answer.-Yes; and I felt honored by his ac quaintance. Question by the same.-Do you not know, or have you not heard, Mr. H. declare," that he was armed for the purpose of attacking Mr. S." and what kind of arms did Mr. H. carry for that purpose? Answer.-Yes; I know he was armed with pistols and a dirk-knife; and I also know that on the evening he attacked Mr. S. he was not armed. Question by the Committee.-Do you in. tend to be understood that you know he was so armed for the purpose of attacking Mr. S.! Answer.-After Governor H. received the reply of Mr. S. probably on the same day, he came to my room at Brown's Hotel, (our rooms are not far apart,) he read to me the reply of Mr. S. and appeared to be rather doubting how he should proceed in the business. He said, "If I challenge him, he won't fight; my only alternative is to whip him; and I will do it whenever I can catch him." Question, by Mr. H. Everett-Do you know, or have you heard said Houston say, when and where he obtained the cane with which he attacked Mr. S., and whether he obtained it for that purpose? Answer. I heard him remark "that it belonged to a Mr. Shaw, of Georgetown." He said "he had brought the stick from the Her mitage, the residence of Gen. Jackson, and given it to Mr. Shaw." How he got it back, I did not hear him say. I am pretty certain I heard him say, "he got it back for the purpose of chastising Mr. S." W. E. ASQUITH, a witness on the part of the accused, was sworn, and testified as follows: Question, by the accused -Were you present at Dr. Davis's room, when he read the article he had prepared, denying the fraud charged in the Telegraph against the accused, to Luther Blake; and when they conversed on that subject? If yea, state what passed.. Answer. I do not think I was. Question. Did you ever hear said Blake say any thing on that subject? Answer.-I do not recollect that I ever heard him mention it. Question by the accused.-Did you ever hear said Blake express his feelings towards the accused? If yes, what did he say? Answer.-1 have heard him state" that they had been enemies, desperate enemies, when in the Indian country; that his animosity grew out of a quarrel which was not his own, but onlaccount of his friends, with General H.; and that at one time his feelings were so hostile, that, understanding Gen. H. was about to cross a ferry owned or rented by him, that he sent word to Gen. H. that if he did so cross, he must be prepared to meet him, as he should be armed on the opposite bank, and oppose his landing." I have also heard him say, here, since he mentioned that fact, "that as the quarrel originated between a friend of his and Gen. H., and he had understood his friend was satisfied, he was willing to come to a friendly understanding with Gen. H., and that he had ceased to entertain those feelings of hostility against the Generai." RICHARD S. COXE, a witness on behalf of the House, was sworn, and testified as follows: Question by the Committee.-Have you any acquaintance with L. Blake, and how long has it existed, and of what character? Answer.I have occasionally seen. Mr. Blake during the last three or four months. I never saw him before this last winter. Having had business to transact with some gentlemen at the hotel where he lodged, I have occasionally met with him; I have met him, I suppose, twenty times during the winter. 1 Question by the Committee. -Have you seen Mr. Blake at different times in the day? Answer.—I have seen him occasionally in the morning, at noon, and in the evening. Question by the Committee.-What were his habits as to temperance? Question by the Committee About what hour in the day was the affidavit taken? Answer.-It must have been about one o'clock according to the best of my recollection, or from 12 to 1. Question by the accused.—Who was with said Blake when you administered the oath? Answer.-I think Mr. Wm. Prentiss of this city, either came into the room, or to the door of the room when the affidavit was presented, and no one else. Question to Mr. Stanbery by the Committee.You stated that you received the affidavit of L. Blake from Mr. Vance," did he hand it to you in person, if not, what led you to suppose you received it from him? Answer. My knowledge of Mr. Blake is too slight to enable me to state what his habits were. Answer.-At the time the House was discussI have never seen him otherwise than when, in ing the propriety of the interrogatory, Mr. Vance my opinion, he was a sober man. I have never took his seat by my side on the right. He called seen him intoxicated to my knowledge. my attention to a paper lying before me. Some Question by the Committee.-Do you know body else might have put it there; it must have when he first meditated leaving the city, and if been there before; that paper was the affidavit so, how long before he left it, and at what time of Blake. I supposed that Mr. Vance had handdid he expect to leave it' ed the paper to me, till I heard his testimony The further hearing of the case was then postponed until to-morrow at 11 o'clock, and The House adjourned. Answer.-I do not know what Mr. Blake'sjon Saturday, particular business was in the city of Washington, but on Monday fortnight he stated to me, "that he contemplated leaving the city on the following Sunday. I left town myself the next day after: on my return, I understood that he had not yet left town, nor have I seen him since Monday, the 9th. DAVID A. HALL, a witness on behalf of the House, was sworn and testified as follows: THURSDAY, APRIL 27. Mr. STANBERT's reference to me as a witness who would discredit Mr. BUCKNER, was made Question by the Committee.-Did you admin. without my knowledge, and was not warranted ister the oath to Luther Blake on the affidavit by any sentiment ever entertained or expressed now presented; and if so state what you know by me. THOMAS H. BENTON. relative to taking said affidavit? Mr. ASHLEY then offered the following: Answer. I administered the oath on this affi- WILLIAM STANBERY, a member of this davit, and wrote my name to the certificate here House, from the State of Ohio, having, on yesappended. I administered the oath at Brown's terday, (when not giving evidente,) declared Tavern on Monday 16th April. The circum-to this House, that the most of the testimony stances were these-I had been called to the given by the honorable ALEXANDLR BUCKNER, Tavern to take the deposition of Judge Bibb, Senator from Missouri, (who had given testiof the Senate, to be used in a cause in Kentuc-mony in the case of the trial against Samuel ky. While I was there, this paper was handed Houston,) was destitute of truth and infamous; to me already prepared, as I supposed, for the which declaration of said STANBERY is indecosignature of my name, after I should have ad-rous and disrespectful to this House, the witministered the oath to the deponent. I hastily ness, and to the Senate of which he is a mem. ran my eye over the deposition, it appeared to ber: Therefore, me to have been written in the proper form, Resolved, That the SPEAKER of this House and I administered the oath, then signed my call upon said STANBERY,in his place, to retract name at the bottom of the affidavit, as having the indignity and disrespect which he has of been taken before me. It appears that I did not fered, by an apology to this House, and that he insert the date, but that was owing to an im- be reprimanded by the SPEAKER. pression that it was already inserted. It did not Mr. ASHLEY said, that in offering this restrike my eye that the date was wanting: these solution, he took leave to say, that he was not are all the facts immediately connected with the governed by any unkind feeling toward Mr. taking of the deposition that I am aware of. I STANBERY; but, as the representative of Miswould state further that this deposition was souri, and the friend of Col. BUCKNER, he conhanded to me by the person making oath, and ceived it to be his duty to defend the character calling himself Luther Blake: I did not know of Col. BUCKNER, and to repel every indignity the person at the time. offered to the State, through one of her Sena Question by the Committee.-Was 'Mr. Blake tors. disguised with liquor at the time you administered the oath? Here Mr. TAYLOR rose and objected. This was an improper time to discuss the resolution, Answer. There was nothing in the appear- and he should call for the question of consideance of Mr. Blake to lead me to suppose that ration. this was the case. Mr. CLAY, of Alabama, spoke to order. The Mr. KERR objected, as the paper had not gentleman from Missouri had risen in explana-been received as testimony. tion of the resolution he had submitted. Mr. ASHLEY then submitted it as testimoMr. STANBERY expressed a hope that thejny; but withdrew his proposition, on the SPEAmatter would be proceeded in immediately, KER stating that the remarks of Mr. STANBERY and brought to a termination as soon as possi- in relation to Mr BUCKNER had not been enterble. ed on the journal of the House. Mr. SPEIGHT moved a call of the House on the question of consideration. The question on a call of the House was rejected-ayes 63, noes 80. Mr. BOON asked for the ayes and noes on the question of consideration; and the call be. ing sustained, they were ordered. The question was then taken, and the consideration of the resolution was ordered-ayes 147, noes 11. Mr. KEY was then beard in defence as counsel for the accused. He continued his argument until about three o'clock, when the proceedings were postpon. ed till Friday. FROM THE JOURNAL OF THE HOUSE. Mr. S. SAMUEL HOUSTON, accompanied by his coun Mr. ADAMS rose to a question of order. sel, was placed at the bar of the House, and He understood that, according to Parliamenta Jonathan ELLIOT, jr. a witness on behalf of ry law, words which might be considered dis- the House was sworn and testified as follows: orderly, were not to be noticed after the inter- Question by Mr. STANBERY.-Were you prevention of a day from their utterance. sent at the time Mr. Houston made an assault The SPEAKER said, that question properly upon Mr. Stanbery on Friday night, the 13th of belonged to the discussion upon the merits of this month? if yea, state all that took place? the resolution. Answer. As I was standing at my father's Mr. STANBERY then addressed the House. gate on Friday euening, which is nearly oppoHe said he would take the opportunity of stat-site Mr. S.'s lodging's, my attention was ating, that no member of that House was more tracted by Mr. S.'s saying, " don't strike me. sensible than himself of the indecorum of the I observed Mr. H. striking at Mr. S. language alluded to than himself. He wished stepped back two or three paces; he was eithto state this to the House, and to state, also, er knocked down or thrown down, I do not rethe circumstances which had led to the use of collect which; while down Mr. H. struck him that language. He certainly entertained un several blows. In a short time some persons pleasant feelings towards Mr. BUCKNER. He came to the spot, and Mr. H. desisted. Mr. S. saw that individual present, and he (Mr. B.) then asked him "what he struck him for?' had known what was to take place before he Mr. H. replied in words to this effect: "be(Mr. S.) was on the ground. He witnessed, in cause he had said something concerning him." silence, the whole contest. He suffered, as he Mr. S. then asked him "if he intended to astestified in the House, the beating to be con-sassinate him in the open street?" Mr. H.'s retinued, even after he thought him (Mr. S.) al. ply I did not hear. Either Mr. S. or one of most dead. It had been told to him, (Mr. S.) the byestanders, said "he was liable to prosethat that person had repeated, in the streets, cution." Mr. H. said, or in words to this effect, statements calculated to bring him into disre" that he was liable to the course of law, and pute and disgrace. He (Mr. S.) had discover willing to take it." He then went off, and ed, yesterday, also, that he had seized, with immediately Mr. S. returned to his lodgings. pleasure, on every opportunity of wounding bis (Mr. S.'s) feelings. As to the main circumstances of the occurrence, his testimony corresponded with his own; but it was of the incidental statements which he had made, that he (Mr. S.) thought, and still did think, he had reason to complain. Mr. S. said, that, as the witness was giving his testimony under the protection of the House, he felt it his duty to apologize for the words he had applied. He the contest? apologized, therefore, to this House, to the Senate, of which that individual is a member," don't strike me"-"what do you strike me and to that individual himself. Question by the same.-Did Mr. S. after receiving several blows turn to run off, or did he turn at all? Answer.-No. Question by the same.-Did Mr. S. during the time he was down put up his feet? Answer.-No; he did not raise them up, but drew himself up. Question by the same.—Did S. halloo during Answer.-All that I heard him halloo was for"" Mr. SPEIGHT here suggested, that, under Queston by the same.-Did you hear S. made these circumstances, the withdrawal of the re-use of the words "oh dont""" solution would, no doubt, be considered proper, by the gentleman from Misrouri. Mr. ASHLEY then withdrew his resolution. The accused was then, by the order of the House, brought to the bar, attended, as before, by the Sergeant-at-Arms. 1 Mr. ASHLEY moved the entry upon the journal of the paper read from Mr. BENTON. Answer.-No, I did not. Question by the same.-Was not Mr. S.'s face towards Mr. H. during the whole contest? Answer.--It was, as well as I can recollect. Question by the same.-How near were you to H. and S. during the contest? Answer.-I should suppose between 25 and 130 feet. Question by the accused.-Are you sure you heard all that passed between the parties? If of this House? so, are you sure you remember all that passed, and what makes you sure that you remember all? Answer.-I am certain I did not hear all that passed. What I did distinctly hear I well remember, because I paid particular attention to it. Question by the accused. How far is your father's gate from where they met? Question, by the same. Did you have a conversation with Mr. S. before coming as a witness; and, if so, what did he say to you? Answer,-He merely asked me what I knew concerning it. Question, by the same. Did you ever see Mr. H. before you saw him beating Mr. S.? Answer. I never saw him before, since he was a member of this House. Question, by Mr. LECOMPTE.-Did you know Mr. Buckner, of the Senate, before the occur. rence of which you have testified; and, if so, how long? Answer. About 25 or 30 feet. Question by the accused.-How old are you? Answer.-I shall be 17 in about two months. Question by Mr. T. R. MITCHELL.-Were you standing at your father's yard gate during the conversation between the Hon. Mr. Buck- Answer.-I did not know him, nor do not. ner and the accused? Question, by the same.-How many persons, besides Houston and Buckner, were present when the fight began' Answer.--If I was, I did not hear it to my knowledge. Question by Mr. WORTHINGTON.--Did you see General Blair, or any person, pass you before the affray? Answer.-I did not notice. Question by the same.-Were you present when the affray commenced, or did you come to the place afterwards? Answer.--When I first saw it, Mr. H. was striking Mr. S. I went to the place as Mr. S. got up. Question by the same. Did you see the first blow given Answer.--I cannot say that I did. Question by Mr. WARDWELL-At what time in the evening was it? Answer.-Between 7 and 8 o'clock. Question by Mr. WORTHINGTON.-- Did you hear any conversation between Mr. S. and the accused before you saw the accused striking Mr. S.? Answer.--I did not. Question by Mr. SLADE.--How far was you to wards the parties, from the gate, while Mr. H. was beating Mr. S.? Answer.--I was between the gate and the parties about two paces from the gate. Question, by the same.-Did or did not Mr. H. say that the words spoken by Mr. S. for which he was beaten, were spoken in debate in the House? Answer.-I did not hear him say that they were spoken in debate. Question, by the same.-Did he, Houston, allude to Mr. S's speech in the House? Answer.-There was one person walking off; he was about fifty feet across the street. Question, by the accused.-Did Mr. H. strike with his right or left hand? Answer.-I did not notice. Question, by Mr. THOMPSON, of Georgia.Have you not been frequently with Mr. S. since he attack upon S. by H.? Answer.-No; I have not. Question, by Mr. WHITLESEY, of Ohio.-Have you ever been with him, Stanbery, since the affray, except the time before alluded to by you? Answer No. Question, by Mr. Boon.-Do you know how › the complainant, William Stanbery, or his friend through whom your testimony was sought, came to the knowledge that you were present when H. attacked said S.? Answer.-No; I do not know. Question, by Mr. LEWIS CONDICT.-Did you hear any thing like the snapping of a pistol, or see sparks of fire? Answer.-No; I did not. Question, by the accused.-Was you ever sent for to go to Mr. S.'s room, since the ocçurrence; if so, how often? Who did you see there, and what took place? Answer.-I was there only once. I saw the gentleman that roomed next to Mr. S. merely asked me what I knew concerning it. He Question, by Mr. SLADE. -- Did you or did you not meet some person immediately after the affray; and, if so, did you or did you not |