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

the session, and little thought given either to the
speech or the amendment For one, look upon this a
one OF the most important Questions which possibly
come before congress look upon il question vita
TO our character Tor humanity and civilization, and
hope That the Senate will not, upon mere point that this
not the proper place. oppose the legislation OF the
House
Bat, sir. do not propose go into this subject at all
except SIMPLY to remark upon the opriety OF The matter
IN ITS present place. The subject is now intelgiby be-
tore me country, and will ask the yeas and nays
WHICH ! know at,V,. The Senate will grant
king suggestion | entirely in what fell from
the honorable senator regard to the improperly of this
matter being introduced into the provisions OF this bill
and to the special improperly OF the particular
which is introduced and the particular effect which
must result from il if il be retained
In the firs place. however, will remark that do not
concur IN the views taken by the senator from New
ought to be abolished bs
doubt whether this species of punishment can be dscon-
tinued in this particular service without destroying the
means OF keeping up wholesome discipline there
unless the gentleman will re write the laws and regula-
tons OF the Navy Department in Blood inlicng the
penalty OF death upon mil offences look upon the
opposition as the result of mistaken philanthropy, and
decided disapprobaton of the proposed measure but
have reason to believe that very large proportion of the
seamen-and that proportion embracing all the good men
in the service-woud feel that wrong done to them
il this species of punishment were withheld from the naval
officer. They know-what the honorable senator from
New Hampshire has not had opportunity OF knowing
men in the naval service who would feel perfectly willing,
some who would be gratied at the idea OF being placed
in confinement if thereby they could be saved from per-
forming the labor which required of Them and put that
labor upon others
do not, however, propose to go into that subject but
admit for the purpose OF this discussion that the senator
from New Hampshire is right-admit that every law
which authorizes the infection OF corporal punishment
upon the sailor OF the navy of the United States ought
be epeaed-aying aside the rule by virtue of which this
question is be discussed without going before an ap
propale committee of this bodylaying aside HE fact,
that information has not been acquired from the depart
ment to learn what is the actual number affected by this
change in the discipline which is to be maintained in the
navy servce-ayng aside all these objections, what is
i this amendment proposes Does repeal any law au
horzing the nhicionl No. sir, Does propose to re,
peal anything Not ut all 1t leaves every law in full
force that, suppose the bill TO pass with this clause
in it. officer would have lawful authority TO infct this
punishment according to the existing laws AS the
law stands, corporal punishment may be inflicted What
then, the effect of the provso That if the Secretary
of the Navy does issue order to prevent this law
this appropriation BILL he shall lose his salary And this
is not all of the admirable justice and pfoprey of this
proviso every clerk in the Office Of the Secretary of the
Navy 10 lose his compensation if he does not issue an
order to prohibit this punishment in the navy
Mr.. HALE would ask the senatct where he finds
that
Mr. BADGER. The provso is at the end of the APP
preparation for paying the Secretary of the Navy, and the
clerks in his appointment 1t is to pay them upon
tain condition; and i the condition is not performed,
OF them is to be paid.
Now, sir, what spectacle would we exhibit il such
measure as this were adopted and what would be the
result of it sr' Why the very moment this aY,pfopra-
ques that the Secretary of the Navy shall prohibit the
execution of the law. That is the effect OF it
stands The law declares that this power shall be pos
sessed and therefore declares that there may be in
which it is right, when he chooses to exercise this
ihorlty. What is this provso' That if the Secretary
of the Navy-,-the law remaining in full force-wl
issue an order 10 prevent the execution of the
And il he do not do it, all the subofdnates in his office
power over the subject than the sailors who are ogged,
in favor OF whom the sensbilities of gentlemen
strongly excited Why in my Z, Judgment we might as
sent any ship to the Mediterranean until the expiration
of this appropriation bill, he should receive his pay
otherwise his clerks should forfeit their pay For ausht
punishment in the navy should be abolished but this
know-it is making most important change in that dis
cpine. Its change which no man should make with
out the careful examination. Ii is subject of such
deep Importance that it demands not hasy but deliberate
legislation We had better appropriate millions of money
for wild exavagance-we had better employ millions OF
dollars any way than in hasty and incOnsiderate
ne sci aside the practice and experience OF the govern
ment, and go against the views of all those who have
had the best opportunity OF forming correct judgment,
and thereby perhaps destroy the power of this right
of the nations defence AT all events this amendment is
out of place. Inconsistent and absurd, because it leaves
The laws in force and then offers premium to the Sec
rotary of the Navy to prevent their execution and be-
cause it visits upon the subodnates OF the department
the loss of their compensation if he does not do what
the clause IN the prOvISo requires nan 10 10.
Mr. Hal LIE. To obviate the matter of form suggested
by the honorable senator from North Carolina Mr.
BADGER,] will propose an amendment to the amend
ment to strike Out and insert the words which send to
the Chair
Mr. BADGER Then the first question is to strike
out
The VICE PRESIDENT stated the question to be
upon the amendment to the amendment offered by the
from New Hampshire, TO strike and insert the
following:
"And all laws and parts of laws heretofore passed. au-
m m
val service of The United States be, and the here
by, repealed"
Mr. YULEE. The first question, presume, will be
upon the motion to strike out.
The VICE PRESIDENT. The question is upon the
amendment to the amendment moved by the senator from
New Hampshire, Mr.. HALE]
Mr., YULEE. This amendment is proposed to the
amendment OF the chairman of the committee, MIR.
ATHERroN j but that amendment is to strike out 1t
does not propose TO add anything, and therefore there
nothing TO be amended
amendment is to add" and to insert the following &C.
Mr. YULtE. Then call for division of the ques-
ton sir.
The VICE PRESIDENT. IT is not agreeable to the
rules of the Senate TO divide this motion.
Mr. BADGER. Do understand the Chair to say
Mr. DICKINSON It's a suggestion as to point of
order.
The VICE PRESIDENT. The senator from New
Hampshire MIR. HALEl has the floor
Mr. HALE. suppose there be no question as TO
the question OF order. The rules of the Senate are that
MOTION to strike out and insert cannot be divided; so
by me- which is, 10 repeal the laws allowing corporal
punishment IN the navy. And now, sir, allow me to say
one worl to my friend from North Carolina lMr
bApGER'1 VINO brings forward as argument thai the