The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1840-06-06


less the party accused .hpd been dql{ recog-
nized 10 appear in court ard answer srqn prose-
cntion.n And, in restraint Of frivolous or vexa-
IONS prosecutions for offences below the grade OF
felony. s.the name Of the prosecutor" was re-
ouired 10 be endorsed on the bill OF indictment,
and he was made liable for the costs" IN case
the accused should be acquitted, sunless the
court should be Of opinion that there was rea.
sonable ground for instituting the prosecution.
n addition to these various provisions, having
,be same object in view, the bill from the House
contained several sections intended TO render
more effectual the means provided by existing
laws for the collection of fines and the costs OF
conviction, and to relieve the counties from the
onerous charge Of supporting the offenders IN
prison. by affording them an opportunity, tney
desired il, but il not, by compelling them TO Ia
Dor. like the rest of the community for their own
The 10th and 18th sections OF
the bill, as il passed the Senate, are as ioIioWs'
Sec iG. That every person adjudged or sentenced
to nay fine for offence specified IN this act OF the ac'
to which this is supplementary may dscnaiss NJ
he resides and every court fjustice, upon pronounc
mo udgmcnt for the payment Of fine, shall specify
and make an order setting out within what pcriod o.
time and at what rate of daily wages the fine may be
thus discharged and upon what road or roaas tne "a
bor shall be performed and execution may be staid
upon security or otherwise, to give time for the per-
fSrmancc of such labor The certificate OF the super
yson of the proper district shall be evidence that the
whole or any part Of the labor has been performed
and If the whole labor is not performed within the
me prescribed the party shall nevertheless have ere
dit for the amount Of labor actually performed and II
such labor shall not be performed within the time limit
ed il shall be the duty of the clerks 10 issue an execu-
ton (without precipe fled) for the fine and costs
Sec IL That all persons convicted Of any Of
fences specified in this act in the act TO which this
Is supplementary and sentenced to imprisonment,
may during such imprisonment, he put - hard labor,
in such any two judges Of the court Of com
mon pleas may direct and for the performance OF such
labor NAV be taken from the JAIL and secured AZ TO
prevent an escape and the produce Of such labor shall
be paid into the county treasury
Section 10 contained the proposition which
has acquired so much lnmerted notoriety in the
party conflicts Of the day, and concerning which
there has been so much malignant misrepresen-
tation Here il is, in all its terrifying and stu
pendous proportions, as find il recorded on the
Journalthai hold in my hand Listen while !
read from that Journal short extract:
"Mr Fthian then moved to strike out the 18th sec
ton of said bill, as follows:
g BE Il further enacted, That, when any person
shall he imprisoned, either upon execution or other
wise for the of fine COSTS both, It
shall be lawful for the sheriff Of the county TO sell out
such person a servant TO any person within this
State who will pay the whole amount due for the
shortest period Of service of which sale public notice
shall be given at least ten days; and upon such sale
being effected the sheriff shall give to the purchaser
certificate thereof and deliver the prisoner to him.
from which time the relation between such purchaser
and the prisoner shall be that of master and servant
until the time of service expires and for injuries done
by either remedy shall be had in the manner
or may be provided by law in case of master and APP
prentice But nothing herein contained shall be
strued to prevent persons being discharged from i'm
prisonment according to the provisions Of the 9th
section of the act to which this is supplementary If il
shall be considered expedient TO grant such discharge
Prorided, That the court, in pronouncing upon any
person persons convicted under this act the act
to which this is supplementary, may direct such per-
TO be detained in prison until the fine be paid,
the person persons otherwise disposed Of agceably
to the provisions of this act.
Which motion decided in the affirmative
Yeas 20, nays ~. And the yeas and nays being re-
qured, those who voted in the affirmative were
Messrs. Beasely, Brown, Fithian, Glass;, Heaton,
jennings, Lucas, Matthews, Mclaughlin, Mcmillan,
Nccombe, Robb, Russell, Scofeld, Shelby, Spencer,
Stone, Swearngen, Thompson, and Womeldorf-2O.
Those who voted in the negative were
Messrs. Baldwin, Cole Zoos, Foster, HARRISON,
Mclean, Ozwalt, Pollock, Ruggles Roberts, Wheel
81 aud epcakrr--io.
Sir, have seen the words 6 master and SER
vant,n as employed in this section, dressed out
in staring capitals and placed in the foreground
of the picture, that they might attract all eyes
prominency. And what was the object of SO
shallow a device? Ii was doubtless to create
an impression that this provision was intended
TO reduce white men TO the condition of negro
slaves Notwithstanding the section itself carries
on its face an express declaration that their con-
dition was to be that of hundreds, not to say
thousands, of other white persons in the State,
who had been or might be put to service accord
ing TO the provisions of existing law.
Hat ~ ,lat.rv afG
ter and servant" as proposed to be established
by this section, is relation as ancient and as
well regulated as that of any other recognized
in civil society," To go no further back, it was
known to and regulated by the common law
and it has been sanctioned and guarded with
anxious care by the legislation of every State in
the Union, and by none with more parental so
lcitude for the rights Of the servant than in the
State Of Ohio.
1t will be observed that the section in question
provides that +" for injuries done by either mas
Ter or servant remedy shall be had in the same
manner as is or may be provided by law in case
Of master and apprentice"
What that remedy was may be seen by any
one who will take the trouble to consult Chase's
Statutes, vol. /, PIP. $3.50, in the Library OF
Congress, where they will find "An act con
corning apprentices and servants" passed Janu-
airy 81, 1906, which continued in force till re-
pealed by another act on the same subject, in
1924.
Authority was given, by the first section OF
this act, 10 "overseers Of the poor,n by and with
the consent of a justice of the peace, and, also
10 "parents and guardians" TO put out any child
as an apprentice or servant" And as the Sc
cond section provides remedy for the appren-
tice servant in case of i'll treatment, and as il
is the same remedy that a convict sold out by
the sheriff would be entitled to have against the
purchaser of his services for any abuse, beg
leave TO read il as follows
Sec. g That il any master or mistress shall be
guilty of any misusage, refusal Of necessary prori-
sion or clothing, cruelty IN treatment so that said
apprentice or serrdnt shall have just cause 10 complain;