Sacramento Daily Union, Volume 28, Number 4295, 27 December 1864 — COLLISION BETWEEN REBEL CONGRESSMEN. [ARTICLE]

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From the richmond enquirer, november 23rd At an early hour on monday morning a collision occured at the Ballard house between William G Swan and H. S. Foote, colleagues in Congress from the State of Tennessee, the difficulty originating it is said, in some remarks made by the latter in the house of representatives, on monday, supposed to concern John Mitchel of the Examiner. It appears that Swan was conducted to the family apartment of Foote by H. B. Pollard, who did go to show him the apartment, not knowing that The relations between the two gentlemen (Foote and Swan) were of a bellicose description, and of course unprepared for so sudden an explosion as followed the opening of, the door and the introduction of Swan. Foote invited Pollard in, upon opening, the* door, when the latter informed him that his (Foote's) colleague, Swan, was there and wished to speak to him. Foote replied that he did not look upon Swan as a gentleman, and could ho!d no communication with him. swan stepped forward and struck Foote over the head with his cane, inflicting a severe blow. Further and more serious hostilities were about to be Inaugurated, when General Wickham and thomas," Second Auditor of the State, happening to be near, linterfered and put a stop to further fighting. On yesterday morning the city police were on the guy vive for Foote, Swan and Mitchel, warrants have; been issued for their arrest, upon the supposition, it is said, that a duel was on the tapis between Foote and Mitchel, in which Swan was Implicated. the case will probably be before the Mayor this morning. JOHN MITCHEL of the Richmond enquirer CHALLENGES HENRY S. FOOTE, OF THE REBEL CONGRESS. [From the Richmond Examiner, November 24th.] Police Court— Mayor Mayo presiding— Wednesday. November 23, 1864 ~ Henry S. Foote, member of the House of Congress from Tennessee, and John Mltchel were charged in a warrant sworn out upon the oath of one William H Fowle, of this city, with being about to break the peace of the Commonwealth by engaging in a duel with deadly weapons ; and William G. Swan, member of the House from Tennessee, was charged with being the bearer of a challenge from mitchel to Foote to fight a duel with deadly weapons contrary to the laws of the Commonwealth

The parties, who had been previously arrested and bailed for their appearance, were in Court, Foote represented by John h. Gilmer as counsel. The following witnesses were examined and the facts elicited which we embrace is a statement annexed. William H. Fowle, General Wlckbam, member of Congress frcm Virginia; H. Mvps Pollwd, George 11. Thomas, Seconu Auditor; William H. Wynne, Doorkeeper of the House of Representatives: General AtUics. member of Congress from Tennessee, and John M. .Daniel, editor ol the Examiner. Fowle was first called to state upon what evidence he based his presumption that a duel was about to take place between Foote and Mitchel. He knew nothing about the affair personally, but learned enough to satisfy him that a hostile meeting was probable, and deemed it his duty as a good citizen, and as a personal friend or one cf the parties (Foote), to lodge the information with the authorities; knew nothing of the anticipated duel except what he was told, but was witness to the scene that, ensued at the Billard House on Monday night, upon the occasion of the personal collision between Foote and Swan, which scene witness proceeded to describe.

Cros3-quest!oned by Mltcbel— ls a very iatlmate friend of Foote ; doe 3 not know Swan or Mitchel at all ; would not kcow one of them from the other. jMUchel— Mr. Fowie, yea came and swore ag-aiusS these two speakers, srbsm jou did not knot?, thit you had reason to. believe they were going to commit a breach of the peace. Fowle; Yes; I bad the strongest moral conviction. Mitcbel— Did Foote tell on to come and maka that information ? Fowle —No, certainly cot. . Mitchel— Did he tell yon not to come and swear thai information ?

Fowle-— No, sir. H. Riyes Pollard testified that he never knew Swan until tbe evening cf the occurrecce, when he wa3 Litrednccd to hJcj. bwan was then at the Examiner office lookiEg for Governor Foote's rtgWeoce, aud l l o)lar.J was asked if be knew vhere Governor Foote lived. Pcllard replied that he did, stating the house, street, etc. Swan expressed some doubt whether h-i w,;ul I be Sbid to find h. Pollard; as an act of courtesy, and in cce-sld-ra'.ija of his podtion, cffereJ u> show Mm the way. In tbis way Pollard ECCoapanSed Swan to Foote's room, who was the bearer of a note frota Mitchel to the former; knew nothing of his owa knowledge or the charac' of the note, bat simply went wi h Swan as an act of courtesy, to conduct his to Foote's room ; was not even then aware that, the personal relations between Foote and Swan were of en unfriendly character. On the contrary, knowing them to be from the same State, and associated in the same Congress for years*. he supposed, naturally, that they were good fiieuda. Arriving at Governor Foote's room, Pollard suggested that they should send in their cards ; ibat perhaps it might not be converieni or agreeable for GoverncrFcote to receive them at thit hour ; bat Swan did not think that fcrnj&Mty necesssry ; tsppicg at Governor Foote's door, a voice. salJ, " Come ie," he opened the doof, and saw Mrs. Foote sitting at the fire ; Foote, who was sitting beiore the fire, apparently in a «iro«vi*y state, arose and <rtee».s'Vy',t a p ?s -y^ry coTcJial-'y, 2r?v;tiE^ him ie, Ssrr.a following; writness, knnwhig that Swan was acoheaguo of Foote, eiraply said: " Your colleagu!»; Mr. Swan, Mr. Foote; I suppose you are both acquainted." Foote turned aside and replied, "I cin&ot recegslzs that man; he is not a gentleman," and repeated the expression, turning bis posiiioa to witness, as witness bdieved, far the purpose of making an explanation t» him. It wa? then that Swan struck Foote over the head wi-h an umbrella he carried in his' hand. Pollard immediately sprung between the parties and attempted to keep them apart. Foote rushed bsck to a wardrobe la the extreme corner of the ror>m and seizsd a revolver and rushed towdrl Sub.?, when witness caught hlro. Foote said, excitedly, "Don't hold me; I'll shoot tha damned Ecoucdrel," or words to that tffoct. The partifs n'ere separated, Swan retiring into the passspe and Foote remaining in bis own room. Witness Eia«j« aa explanation to Foote, that hs was not aware of the mission of Swan, nor of the motives that impelled him. In assaulting him. Foote was perfectly satisfied, and acquitted witness on the spot of any connection with the ffair.

Wynne tesiiiied to facts touching the relatic.cship existing bet-seen Foote and Swan an-J, furthermore, to tha fact that a note arooun'inor 'o a ch&ik-rge passed on Monday night from Foote to Swan.

Thomas testified that Foote consulted with him and General Wickham and Foote informed him on Tuesday morning that he had made up his mind; had resolved to challenge him. We advised him. fea the affdr had not resulted to his discredit, tt was not incumbent upon him to tike any funh? r notbe cf It ro viaaleate Ids honor. Tuesday Foote showed Uaeas a Eota addressed to Sirac, remarking th,il, «i;ness could rea<i it in confidence; read It, ar.d think v amounted to a, challenge, as il left Swan the alternative to meet him ca the field cf hepor or t^ks a street fight. Barksdile, of Mississippi, testified that -an had! cocsulted him upon* the proptis'y of his becrming the* bearer of a not*; fro.m MUchei to Foote, ia view of the unTr;en(J!y relations exisikg between them ; he did not cay that It Teas a hesti.e rote. General Atkins testified t<> tha persrna'. rela^iecs exis'.iDg between Foote aiid Swan; has heard them epeak of each other in a manner that geotlemeii eught not who are on goc-d terras. Witness farther testified that Foote had admitted to him that he had challenged Swan.

A preat deal cf time was cocsaned in the effort of Fcotii's counsel to introduce as evidence newspaper srticles and the proof of their au'hnrehin, with be hand■wrilins of thf> mar;uscript3, and printer's were suintaoneii to testify, but nothing; tangible or positive wrs elicited. The Msyor, ia summing iip the case, saidthit enoueh, of eiriJcncs ts-fis befcrc hitn to (how that hostile feelinea existed between Foote aad Swan, end as he cat there ua a conservator of the peace, it waa his da«y to see that luch hostility di<; not cvenluito ia a hostile meeting. He \rou!d therefore require ball of both parties In the sum cf $5,00^ each, to keep the peace and be of good behavior for twelve month 3, Mpjor A. M. Earbcur entering sccmity for Foote, r.r.d Itrigadier Genera! P. T. Moore for Swan. Mitchel r.-as al-o held to bail In tha Bum cf $2,000 to keep the peace, Srigaditr General Moore enterlcg for Em aiso.

Ungton Star sajs:

• There are at this time, according & trustworthy information in the possession of the authorities here, some 5,000 deserters from our army in Canada, whither they have fled to escape the Tigilance of the local Provost Marshals, whose arrcst3of them are daily inert;...-. in number. Recently there was a large meeting of them near tha Canada end of the Suspension Bridge, resuiting in the forwarding ot a petition asking that they might bo received back into their regimeuts without being subject to the military punishment usually accorded in cases like theirs. Their condition is as pitiable as deplorable. Half of them ore barefooted and not Lalf clothed at this inclement season, and tbeir only means or prospect of keeping body and soul together, is in working upon the Gr^at Western Railroad, and other Canadian public works, si pay which scantily feeda thtm, without sufficiently clothing them. They are intensely unpopular with the people of" Canada, who take* every means in their power to crowd them back into tha United States. On the whole, their condition there is tenfold worse than that of the free negroes.

The Davis akd Qcitsian Pl.cntatioss Reserved fos FnnEDJiEx. — A correspondent sends us an order of -ilajor General Dana, placing tha freedmen in ni ■ district, aa many e!a can" fi.xi ror.m there, upon the lands formerly pSssetssd by Jeff. Davis end his brother Joseph, and by the heirs of General Quitm&D, of niibustering memory. These estatecs lia together in an easily defended " bend of the Mississippi, called Palmyra Bend. Thsy conrain tbout'ten thousand acres cf arable land, and it is intended that cotton speculators shiiil be kept away from tbia point, which the negroes can defend', and where they can lire m security and maintain thems<?lt£3 without espenee to the Government.— 2f. T. Evening I'ost, November 2~>th.

The Rebels and toeih Fiuesds at tub Noam—ln a spicy debate which took place in tb^rebel Corgres^on tbe 10th, Pooto was graci*fs encu^iTtc proclaim the indebtedness of the Confederacy to its friends at the North. Foote, moresvar, is «a candid as he is grac'oup. He gays: " We Lave friends, goot». true valiant friecds in the North. • ♦ *■ ■ "We bare mere sympathizers in »ha North tbats in all the rest of the world." We presume Footo spoke thus with some knowledge of the facts. It will b© int?rcstu3g to Bee how his gushing friendship ia reciprocated here among those for whom bo certifies after this whole-souled fashion.— My