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

gentleman by showing that the officer never had command
| Mr. HALE suppose the gentleman understands the
reason why cannot answer his inquiry. can only give
the officers opinion upon this subject.
Ii has been said by senators that sailors 90
not feel degraded by this punishment believe the
honorable senator from Illinois II is false philan-
thropy Well, in the name of God what is true philan
throphy, If this is false This is easy way Of put
ting anything down, stigmase it false philanthropy
suppose IN the view of men who speak thus, every
kind OF philanthropy false at whatever hazard Is un-
derlaken
| do not want 10 repeat the arguments l have made !;
but in regard statements have made aud which the
says calculated to give wrong Impression
as the frequency OF the lashes will say that only
stated upon the authority OF public documents. But
since the inference may be egtmaley drawn from the
remarks of the senator, that these documents that
my differences rather, not reliable, will state that
the sailor who brought number OF memorials TO the
Senate-which had the honor to present, and who by
mistake suppose, handed them TO me, rather than to
the senator from New York-speakng IN reference to
this report, says that not only 900 lashes have been
given three MONTHS but that, If the Naval Committee
will give him hearing, he has brought sailors here,
whom he supporting out of his own funds and out OF
fsnds furnished for the purpose OF laying information
him hearing before the Senate, or before the House. he
will show that not only 900 lashes have been gwen IN
the of three months but $500 lashes have been
administered on board OF man war IN single term
Mr. YULEE If the senator will yield the floor, will
sho what confidence TO be placed upon the authority
Mr. HALE After get through, sir. do not know
how much confidence is to be placed in this man .,
never saw him before But he has been through the
State OF New York. and has been deputed BY public
meetings of that Slate to endeavor to obtain favorable
hearing the Senate and in the House lie has not got
the chance told him that the idea Of his being heard
before the Senate was perfectly absurd. He could not
be heard for the Senate had too important business to
attend to- to condescend to the examination OF such an
unmportant matter as this
| But, sir it is said that this power is not abused
spoke OF the fact that may be found upon the records OF
the public archives. There Is law, know, upon the
statute hook that for offence that not capt. shall the
sentence OF the court martial exceed 100 ashes went
down to the Navy Department some years ago. and
asked some Of the clerks OF the department to show me
the records OF fo5ging in the navy, that might defect
any cases OF illegal logging, il any such existed We
they looked at me very much as fish boy would when
asked to let any herring these cases OF llle
gal hogging common. found the case OF man
| by the of Herring. indeed who was court,mar
tailed upon the Mediterranean sea- and found guilty OF
manslaugher, and sentenced to receive 500 lashes
400 of which actually administered in paipabe vio
lation of the law endeavoed to call the attention OF
the House it, hut told that the Secretary OF the
Navy the proper tribunal appealed to the dep ut
men and asked that the might be investigated aud
offered to publish
sES.Tqs. Who was the officer .,;,, 80 ,.,o,.
| Mr.. HALE. 1t was a naval court martlal-the whole
of them that sat upon the case An honorable senator
told the other day that the construction put upon the
law is; that the commanding officer will ask men who
think that of right they not bound to serveWll you
do duty If the answer IS no, then twelve lashes are
given. The question is then repeated-Wil you submit
now! Ii t0ey SUI reIuSc Twelve HlOTc are gwen,
so the offence ami the punishment may be repeated ad
infnitum as long as life lasts Now, sir these are no
fctions of the Imagination have confined myself to
the record it is presented We have not got the rec
ord required by our last law but which before
us upon special request of the last session The whole
subject before the Senate, and will not longer tresPass
| Mr. YULEE | stated when was up before. that
the only in which sailors had come before us had
heen demonstrate against the adjustment OF corporal
punishment navy The senator Just now referred
another instance which they ask to be heard upon
this question desired him give way for moment,
in order that might show to what degree the person
whom he represents as sailor asking be heard upon
this question: is entitled to confidence He declined
and | therefore rise now simply for the purpose OF
be abused, and how much the Senate would abuse
itself in adopting legislation upon facts and infoma
ton derived from unsatisfactory sources and sources
which not reliable. So ar.as this individual Is con-
cerned, have the authority of officer OF the navy TO
say that this who has gone through the State OF
New York ami procured all the petitions which have
been presented to the Senate has been sailor
even sea-iaring man. He was for month or so, du-
ring the last summer on board OF sailing vessel in the
capacity of steward, and discharged for drunken
ness and other bad conduct.
Mr. HALE Who says that III any reply was
made, it was not heard by the reporter
Mr. PHELPS. | have regarded the whole debate.
Mr. President, entirely out OF place AS member OF
the Committee Finance concurred in the proposition
strike out the proyiso inserted by the House OF Repre-
sentaves. did so, because | thought It wholly I'M
proper to admit matter into appropriation bill
which radically different in its character. II there be
anything wrong III the discipline OF the navy lei the at
enton Of the Committee Naval Affairs be called to the
subject If it be necessary abolish this punishment
let them provide substitute 1t is always in the power
of that committee to originate OF this kind If
they think proper My objection to this proposition
that here attached 10 the appropriation Tor
salary of the Secretary of the Navy. proposes TO effect
radical change in the discipline of the naval department
and proposes substitute Tor that species OF punishment
which it would abolish.
Well, sir if that species of punishment be "relic of
barbarlsm. and it required by humanity and the spirit
of the age TO abolish it, let the Committee Naval AT
fairs take the matter into consideration, and let them pro-
vide substitute 1t strikes at the very foundation OF
everything like subordinaon What is the proposition
Why it is that the punishment which has uniformly OBJ
done! What mode of punishment is to be substi-
tuted! You cannot carry your penentary abroad. as
has been remarked by the senator from Delaware
| What will you do Will you withhold the wages oil
seamen! You cannot do it without authority of law
In Short sir, it is subject in my humble opinion, tina
at this time does not admit of argument If there be
anything wrong repeat, in the discipline of the navy
with system AS is, this provision breaks
down the discipline of the navy without furnishing any
substitute for il.
But if there were no other objection would vote fo
striking out this proviso because it is subject appro
pirate, not to the Committee Finance but which falls
peculiarly within the province OF the Committee Nava
Affairs. With this view of the subject. shall concur
with the proposition to strike out the proviso know
sir, that this Is subject about which gentlemen have
much to say am perfectly that it is one of those
topics upon which many of fall under censHre But
sir, my TO all that is this If there is anything
the discipline of the navy that requires correction let the
proper committee take up the subject, and when they
shall present system which shall be substitute for tn.
punishment heretofore inflicted, am ready to listen Il
ANYTHING and everything which they me-