Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1840-05-14

test H6FiOu OF SEENlNc 81 SHEN NAtu4ttS 81 -
The bin passed the House, with this OBJ
noxious section in it, by vote Of AZ ayes
10 81 noes; Thomas Morris, late Senator
10 Congress, Thomas Shannon, now SEN.
aior 10 the Ohio Legislature, broiher TO
Gov. Shannon, Nj. 4. Williams, late Sur.
veyor General Of the United States, L.
Whitilesey. late member OF Congress, o.
mong others, voting in the aflirmaiiye.l
When this bill was under consideration
in the Senate, Mr.. FrrHfAS moved 10
strike out the 18th section Of the bill as il
came from the House. THIS section, rs
has been previously stated, authorized the
sheriff to sell the services of the offender
who was imprisoned for the non-payment
of the fine imposed on hm by the Court,
and the costs of conviction, 10 the person
who would pay such fine and costs for the
| shortest term OF service, aud secured the
offender from cruelty or abuse from the
purchaser, during the term Of service, by
giving him the same remedies as are pro.
vided, by law, n the " case Of master and
! apprentice.
| This section was stricken out in the Sc
nate by vote OF 90 ayes 10 II noes Ge-
neral HARRIsoN, and Eli BALDWIN, late
V. Buren, candidate for Governor of Ohio,
among others, voting in the negatlve.+
In addition to the privilege secured TO the
| imprisoned offender, who should be unable
to pay his fine and costs, of being liberia
ted by the county commissioners, If they
considered it expedieut, the bill contained,
when this vote on striking out the selling
section was taken, section providing
that the offender might discharge his fine
by labor on the public highways, at such
rates as might be prescribed by the court
passing sentence on the convicted often
der.tt
| From this statement of facts it clearly
appears
| First. That the selling, SO much COM
planned OF, was only the selling of the SER
vices of the convicted offender for limi-
ted time.
Second. That the offender, during the
period of his service. was secured from in
justice, cruelty, or abuse, in the same man.
ner as apprentices are secured against
abuse from their masters.
Third. That, If the offender was able
and willing to labor, he might discharge
the fine imposed On him, for his violation
of the law, by labor on the public high
ways, and thus avoid being sold out TO
service.
Fourth. That, If he was unable TO To-
Dor on the highways, and poor and unable
to pay his fine and costs, he might, IN
such case, be discharged by the county
commissioners. without either paying, or
being sold Ter the payment of, his fine and
costs.
Fifth and last. That the selling had no
reference to honest men, or 10 debtors, IN
the ordinary acceptation of the term, but
only to convicted offenders against The pc.
nal la,cs of the State. And, even in these
cases, it was only substituting temporary
service, in lieu Of imprisonment, for an IN
definite length OF time, in the noisome cells
ola county jail, where the offccder could
earn nothing to pay his fine nor to sup
port himself or family.
This bill was under consideration at a
time Of great pecuniary embarrassment IN
the State of Ohio. So difficult was it for
the People TO raise money for the pay
ment of taxes that The collections were in
adequate TO meet the ordinary expenses
ofthe Government. The Legislature were
engaged during large part of the ses.
sion in considering various plans for re-
ducing the current expenses of the State,
and law was passed authorship the Go.
vernon to borrow the sum Of $50, 900, in
aid of the proceeds Of taxation. During
the tendency of the supplementary act,
for the punishment Of offenders, above re-
ferred to, attempts were made in both
! \ See Journal Fl. r. page 800.
Il The section proposed 10 be stricken out is, al
| length in these wofds.--Senate journal, p. 304.
sec 49, Be it further enacted That when any
person shall be Imprisoned, either upon execution
OF otherwise for the ron payment of fine or costs
or both it shalt be lawful for the sheriff Of tbs
" to sell such person servant 10 any per-
son within this State. who will pay The whole amount