Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1840-08-13

~ % Nh'h 'hi> - supplementary discharge such
ine hy labor on the highways OF the township in
"L'' ne resides and every court Ul Justice, upon
judgment Tor the paymrn, OF tine shall
N@N'y' atu make an order sviltuv o,i wIta.u What .
-f'"d "i nin' and q what rate o. daily WAGES tie
'' ""s ., "'s jas hary"d. and upon what rJaJ og
"S "'e ''''' >h'' Dc ieFprtned. and exccuiiua may
e s'aid upon s"cGriiy us otrr~ Sc 10 syc TIM. tf
lac performance Oi such Labor. Tho rrriiGc,,, AT a.,
supervisor OF e proper district shall De eNi,. th,t
the Whole any part of the labor has been uerE,,,,
AMI. 4 the whole lahor pe rOrucS within the p,
prescribed the party shall nevertheless have credit
iuf the amount of labor actually performed and If
such labor shall not be performed within the time linn
tied It shall be- the duty OF the clerk issue an eSecu
ton (NihOui precipe ilcd) for the fne and costs
See, II. That all persons convicted oil any offences
specified ia tins ia the act 10 Which this Is su-
Elementary ahd sentenced Ia imprisonment. may. du-
ring such Imprisonment. bc pat hard labor in such
manner any two Judges Of the O common pleas
may direct snl. the performance oi such labor may
be taken from the JAIL and secured prevent an
escape. and the produce OF such labo: shall De- paid M.
10 the county treasury
Section ~ contained the proposition which has 70
aured ~ much un'Ecrted noouciy in the party con.
icIs OF the day, and Concerning which there been
much malignant misrepresentation Here ii. i'm NIL
ITS terrifying aud siurcndous proportions, find it
recorded on the Journal that hold an my hand Lis.
ten while read from the Journal n short extract:
MIR tiiIian then mos ell to sirI'c lac 18Th sec
Hoh Oi SAN bii, IL follows
BE further eitactcd. That when any person
Suau hc mViisnned, either upUu execution other
"se, Tor the non-Iiymcnt of fine costs or both
shall be lawful or the scrll of the county 10 sci. out
such person AZ servant any person within the
State who will pay the whole amount due, for th,.
shortest Pprod Of service OF which sale public notice
shall be gwen a. least ten days, and upon such sale
being effected. the sheriff shall give tn ,c purchaser
certificate thereof, and deliver or the prisoner 90 him,
from which timc the relation between such purchaser
and the prisoner shall be that of master and servant
until ihc iimc q" scrVIre expires; and for injuries done
10y either remedy shall be had IA the same manner as
is or may be provided Nv law ia case OF master and
apprentice but nothing herein contained shall be-
construed 10 prevent persons being discharged from
Imprisonment according to the provisions of the 37th
sccon ct the act io which this is supplementary ifiI
shall he CONSIDERED eNpcdIcn TO grant such discharge:
PTor"ioa. That ihc court, ia pronounCing uppn any
person or persons convicted under this act or the act
to wh'ch THIS Is supplementary, may direct such per-
son or persons to be detained IN prison until the inc
bc pId, OF the person persons Othcrw lee disposed
OF agrccahly 10 the prov isuIrs of this act
(which motion decided ia the affirmative !:
Yeas 70, nays IL. Aud the yeas and nays being re-.
quired those VIII" voted ia the affirmative were
NcsSrs Bcasy, Brown. Fhian. Cas- IIraton.
Jennings, Lucas. Matthews. Mclaughlin. Mcmillan
NecomS. Robb Russell Scuficld, Shelby Spencer
stone Swearnger, Thompson, aud Womeldori-2O.
Those who vote, in the negative we're
"Messrs. Baldwin, Cole Foos, Foster. II,REIso<.
Mclean Ozwnlt Pollock, Rugsles. Roberts. Wheeler,
mud SpcakcT-l2
SIR. have seen the words "mastcr and servant ."
as employed This section dressed out in staring cap
nls and placed ia the foreground of the picture that
'hey might attract all eyes by having assigned to
them a sort OF guilty promIuency And what was the
object OF 81 shallow n device! IA was doubtless 10
create an impressions that this provision intended
TO reduce white 10 The condition of negro slaves
The ifzalT
an express declaration that their condition was Ia be
that OF hundreds, not 60 say thousands of other white
persons ia The State. who had been might be put To
service according To the provisions of existing law
Who does not know that the relation of master and
servant proposed 10 bc established by this scciin
Is relation ancient and well regulated as that
al amy other recognized m civil sDceIv To go no
Iur'her back II was known to aud regulated by the
common law; and II has been sanctioned and euarIed
villa ANXIOUS 10y the legislation of every State in
The jnIon and by none with parental solcitude
pr the rights at the servant than in the State of OHM
u VIII be olscrs Cd that the section ~ question pro-
vides that for injuries done 10y either rnascr or ser
want remedy shall hc had ia the same manner AZ Is or
May be provided by law ia of master and apIrc
tee
What that remedy wac, may be seen Ia any QUO
who will lake the isuublc consult ChIsas Statutes
vol |. up. 53j,6 in Il Library of Congress here
'hoy Will hnd I'm act concerning apprentices aud
servants. passed January -. sos which continued
III force I'LL repealed by another on lhe same sub.
jcci, m 1924
Authority was gwen. by the first section of this act
TO "overseers OF ile poor 10y and Ith the consent
oi justice OF the peace and. also 10 parents anil
guardians 10 put out any cH AN apprtAfire or ser
od". And as the second section prov dcs a rcmeJ,
~' 'he apprentices or servant Iu case OF III treatment
and as II Is the same remedy that a convict sold Out
by the sheriff would be- entitled to have against the
purchaser o his services for any abuse beg lcav. In
read It follows
q" Soc. >. That &c any m1s,er or mistress shall be
guilty OF any msnSa-c refusal If nccsSsury Dyor,,o
o. etofbHS. crucfy other W h,aiUea, 81 Thai sand
apprentice o'ScTUani shall have ju cause 10 compL1i1-
~ Ic SAID apprentice or servant be guilty OF any mn
dcneanOr or Ill behaviour. do not perform his or
nor duty 10 ms her master mistress then The sand
master or MISTRESS apprentice servant having lust
'H'Se " Complaint may repair 10 any Justice OF the
peace IA the township. who shall upou the application
~ '"'er issue hts warrant summons Tor bringing
INC said massr mistress apprentice OF serraaf before
Nun ana lake such order or direction between the said
muster or mistress. apprentice or Serrdqf as hf cyyfy
and JVS'iee r. NE cGSc shall require"
reference 10 the act Just quoted seemed tn no no
'essiry y" prove two things very infinitely connected
wan 'he charge against General Harrison First thar
the Terms master md servant which hive been uode
10 bgure alternately IN ltars aud large capitals bv
way OF Innuon that they concealed me mysterious
"' dangerous design at least very runpcc words
and quite familiar the statutes Of nv State FINN, ,b
earliest period of It's legislation down To the present
lme And secondly. that prisoners who might be sold
y 'he sherii were amply secured against III Treatment
~ lhc humane provisions of that act
But sir this Nnpt all there was another prov ision
~ ihe l9Ih section ftho bill, b. which the benefits
''nfeu 10 'soiNcnt prisoners by the 37h section Of
INC original act, WIS expressly rcscrv cd
IN the "act Tor iio punishment Of certain olF;nces
lhcrein specified passed February II. 1915. See
: h,st Statutes - vol. pages 1913 SOL you will
nl INC Jih section here referred to. aud " hch Is as
follows
SEC. -. That when any person shall he confined
7" Wl''h lnr IN" laymCH at any fine and costs hat
may ''e inflicted agrecabIy 10 tho provisions Of tins
i'' hc county commissioners may. IT u be made Ia
rI"if 10 iheH satisncDn. order the her or miller
''s''h county t. discharge such pcrson frUm imprs-
'nnsn' aud The sheriff Jlilcr upon receiving such
''1cr 10 writing shal' discharge such person accord
Ugly PROVIDED That Ire commissioners may at any
'"s Ih'fe'iior order and cause br issued an eve,
"'n against The holy, linds goods or clnucl. Of the
'f'on 30 discharged from imprisonment tor the amount
y such fines and Goals"