Phenix Gazette

The purpose of Senator Benton, in obtruding upon the public, at this time, an account of an affair which occurred last year, cannot be misunderstood. The Legislature of Virginia, it was believed, were about to proceed to the election of a Senator to the U. States Congress, and certain hints had gone abroad, that the same Legislature were considerably divided in their opinion, respecting the conduct which the Hon. J. Randolph had pursued. If in a temperate opposition to the Administration, he would have pleased some--in a violent opposition, he displeased all--injured the cause he might have served--and brought disgrace upon those who had elected him. Virginia has a law against duelling--Mr. Randolph fought a duel in Virginia. This infraction of a known law, by a Senator too, how was it to be got over? How were the minds of those known to be wavering, as to Randolph, to be convinced that he was a brave and magnanimous man, and an observer of the laws?--By this letter of Mr. Benton to Judge Tucker. It is any thing but an apology for Mr. Randolph's infraction of the Virginia law. In one place, Benton says:

"The meeting was to take place on the right bank of the Potomac, near the Little Falls Bridge, and within the edge of the Virginia line, which there approaches near to the river. Mr. Randolph had chosen it himself. He wished, if he fell, to fall upon the soil of Virginia; and as he did not mean to fire at Mr. Clay, he felt it to be no infraction of her statute against dueling, to go within her limits for the mere purpose of receiving the fire of his adversary. His words to me were: I break no law of Virginia, I neither accept a challenge within her limits, nor do I fight a duel within them."

The nice distinction here attempted to be drawn, is almost equal to the following:

"A man in New-York lately escaped the State Prison for life, by a nice distinction in law. He stole a watch and knocked the owner down; this was petit larceny; but if he had knocked the man down and stole the watch, it would have been highway robbery."

It may be, that Mr. Randolph may not escape so easily as the New Yorker. The letter of the Missouri Senator has not had all the effect intended; for, by a reference to the proceedings of the Virginia Legislature, in another part of our paper, it will be seen, that a motion to proceed to the election of a Senator by that body, although strenuously advocated by the friends of the present incumbent, was, after some discussion, ordered to lie on the table-- 98 to 64.

[Mass. Journal.