The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-13
THE UNION.

reason call upon that SENATOR and every other one
give for this law Are to give for
abolishinga barbarous law! Why, sir, the law itself
presents the 1t is for him prove that this law
is neeessary-a neeessary-or the discipline Of
the navy; and in the absence OF any such reason, we
Now, sir, know il is said we have got along very
well under this law Well sin the officers have got along
very well Those who have the power and the whip
get along very well. But the question is whether
could not have got along Just we'll and avoided the bar
barity which has resulted from this lawl This, Mr.
President, is not question OF abuse, although | hold
is not the question The question Isl as to the necessity
of the law, whether abused or not And now hold,
sir that those who defend this law prove that
there is necessity for IL and they only prove il,
think by the result OF actual experiments and facts It's
not matter of argument here, sir; net at all Now
want to try and if il be found, contrary TO my judg
ment that get along without it, then, sir,
shall have the alternative presented to us, to abandon
the whole naval service or keep il up with barbarous
law of this kind want to make that experiment.
Now sir, we are asked why this question is brought
up-why we wish to Interfere radically my
friend from Florida, mr. YuLEEl says, with estab-
try and others Well, will give the senator a rea-
son. and it is this: | wish, sir that the laws regu-
lating the army and navy should keep pace with
the progress of socely-with the progress of crmi-
nal law in other places; and ask at what period of the
world, at what stage of criminal law, did this barbarous
practice obtain this authority 1t was at an early age;
part of the criminal law in Europe, and even in this
country, when barbarous punshnents were common;
when the progress of civilization was not such as to
BILE to the good order and safety of society. Well sir
experiments have been tried in that department from the
days of --- down. Learned men, and enlightened
men, have taken up that subject and discussed ii,
though Legislators have proceeded cautiously. They
have examined the experiments that have been pre-
scented to them by men IN their closets; not prac-
which has been made in the criminal law IN all countries
dispensing with all barbarous punlshmens, and subsli-
tuing Others has been everywhere emnenty success
fulemneny successful and that every object OF pun
ishmen that the great object OF the security OF society,"
and the secondary object OF the reformation OF the crm
nal, have been more eHectualy accomplished
WE'LL sir, with these IN other departments in
the administration of criminal laws not encour-
aged to introduce milder principles and mil der system in
the navy and army Is there any great danger in II
And what Is the urgent necessity Tor this arbl-
trary and barbarous usage by which commanding OFF,
GERS. bearing perhaps no higher rank than lieutenant
at liberty, by merely giving their own orders, to in
ict this degrading punishment upon their fello men
My friend says there is legal restraint What is the
restriction' Why, nothing in the world but record
quired Of what is done The commander gives his own
order II does not require investigation by coumar
tia arbitrary capclous The officers OF the navy
are like other subject passion, and must necessarily
be There nothing to check the exercise of passion
prevent any influence OF that kind. Now, sir, what
the danger! 1t may be said that the ship at far
away from any relief and that the arbitrary power OF the
ship The OF the merchant service; and in
time of peace, sir, difference between public
ship aud private vessel. But this is matter
applicable not to the matter OF punishment, Blu,
it is applicable to cases OF insubordinaon 1t is
not punishment which is applicable to of mu.
tiny is considered efhcacous with regard to authori
ty on board ship Now, sir, other punishment and
higher authority necessary in cases OF that kndthat
is, in of mutny and general INSTRUMENTATION.
This not the security to be relied upon for disorders
OF that kind 1t is for petty offences, that punishment
is applied And what necessity is there for arbitrary
and barbarous punishment of this kind | see none,
sir. believe there might be variety OF substitutes
ment bread and water--close confinement in dark
cells, such administered to convcts under our
civil laws, might be substituted. beg to ask, Sir, if
seaman who has been convicted OF any Ofience-who
has been guilty OF petty espass, act dispeasing
to his commander is TO be punished in manner un-
known to offenders convicted under our criminal laws?
We have abolished this punishment had supposed, in
all States of the Union We have found salataTy and
good effect of it everywhere. We have abolished in
legislation in all the States We had aosging, branding,
cropping, and the stocks and great variety OF barbar
punshments of this kind. They have all been done
away with, and we the good effects.
Now, sir, the idea thrown out by the senator from
New Hampshire, think, is that this practice does tend,
instead of preserving ORDER to the highest disorder and
produces mutny among the crew of Il ship Surprising
that half dozen had suffered in this way-not
much from their wounds as from the consciousness OF the
disgrace to which they have been subec,ed-wha would
be likely follow from the ranking feelings cngendered
in their breast viii they not be likely TO seek revenge?
Will muny itself grow out of the exercise of pun
ishment which leaves not only the marks OF the stripes
mark OF degradation on his mnd-a consciousness OF
wrong, of disgrace, and modification?
But, Mr.. President, do not wish to argue this mat
ter believe, sir that should endeavor to go along,
with army and navy with the progress of society in
the civil administration OF government where we have
the encouragement of the which has attended the
aboishing of barbarous corporal punishment IN the cnl
nal administration of justice We have the same reason
think that the might be done in our army and
navy. see no hazard in making the experiment.
If it found that there is difficulty arising from It's ADO
lition we can resort to it again. We go back
again in this portion of our laws, well any
other But am very much inclined to believe, SIR,
that if the experiment is made, no man would
be found in this hall, elsewhere, raising his voice
in favor of returning to practice so revolving 10 Inc
better feelings of humanlty-so totally inconsistent with
the spirit OF the age | shall VOTE therefore, sir. to
make the experiment in any form which may be proposed
Public attention has been called to this matter as has
been said by The senator from New Hampshire INT
HALE and shall have to 60 and we shall nave to
carry public opinion upon this subject and others at
humane and reasonable mode of preserving dsci-
pline in our ships
Mr.. BUTLER. Mr. President, regard this PROPOSE
ton to abolish foggng in the navy most fearful ex-
pertinent is it nothing that the navy OF the whole
world-o England, Russia France, ami Amerlca-is 1t
the navyis it nothing, sir, that the lesson OF expe-
riencea unite in proving that this method OF ntcling
punishment cannot safely be abolished And are we, sir
the face of all this eXperiencein the face OF all that
is known upon this subject, TO venture upon an
experiment of this kndl Is the Senate of the
United States to be influenced by the sickly senti-
mentality which appeals, in measure, to the preludlces
of an irresponsible multitude 1t said that the
Roman people became corrupt in proportion TO the scntl-
mens which prevailed in their poetry oatory and legis-
a,ion. do not make the application here, but may
say thing that whenever comparison is made OF
hard they will