The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-17
the mos. important and which they have the mos. sna.

Mi BENTON. | am one Of those who voted for these
smendmentf. voted Tor them in combination at the time
But the time that have lost, the teeling that has beer
excited, have aoe me wish that had voted And
have 10 say that ehaI not in the Senate concur with
ny own vote IN committee. ! shall not con,ieDn D,y
vote shall be wiling @ sustain i as measure BY
tsslf wish tos this subject finished and finished 10
day Now 10 taid that he penalty al present is but 5000
That is the penalty and lis said to be mad, quae Bu the
parry who takes away the slaves liable 70 an action foi
damages, asin tie case OF taking away any other prop
erty Iii where the law gives damages meas
nred by the value Of the thing taken, but what the law
calls vndictivs damages and above the value They
may be as large as you choose to make them Besides
that there has been any violence, or assault with intent
to xii, The law takes bold Of that and Furnishes it.
shall therefore, be against the amendment and Tor the
bill IA il came from the committee.
Mr.. BADGER Mr. President, the objections taken
BY the senator from Kentucky r these amendments are
him Alright, is that much time has elapsed whout any
complaint being male with regard to the law here that
to have this provision adopted. Why /, only becomes
necessary any law when we find by experience that
is inadequate This act Of 1913 about the recapiue Of
fugves IRON service and labor remained upon the statute
book great many years, Answering all ths purposes
which the constitutional obligation required. There was
attempt made to amend II until within a lew years
But in the changes that have taken place in public opin
io has become credtable 10 resist the operation OF
this law, that is now by many considered as high and
that which formerly would have been looked
upon by many not most PERSONS as crime and BY all
as dscreditable transaction We have suddenly dis
covered the fact Our attention has been drawn 70 the
IN
Of an offence against the rights Of during this
session; and find that the law is entirely inadequate
say i is inadequate The senator from Missouri says
So he was But what assurance has he that he make
his damages Against whom he to bring his action
Why, against the agent Or instrument who put Tor.
distance, with whom he cannot connect them, and
against whom, he could connect Them he cannot bring
country where be would receive little favor o. eonsde
ration. So If this case when the party would be en-
Titled 10 vndctive damages with great respect for the
this would be but ordinary OF action for nespass
de 0spdr ads where the party s entitled TO recover
but the mere value II i Is 50, however, it's right
that s worth nothing, because the action would be
brought against an insovent person. Of whom no money
could be got.
suppose that tie provisions Of this statute uncertain,
moi sufficiently clear, and that very small matters might
under the influence Of this law, be converted into the
away from his master That sir, Is true but il is no
regard this offence than is in regard 10
any other; moi bit. We must suppose, in the first
laws mean by "persuading encing. or endeavoring TO
persuade, slave to leave his maser They do not un
dersland i to mean mere casual observation They
understand il to be attempt made, eI ammo with that
object In view. They will that the matter is properly
underwood also by tine jury and that the jury UNDER
standing the law will DO Their ,sI duty . 80
II is fad that there different classes of offences
thrown together and that all receive the punish
fences is not Of the grade Now, sir DO not adj
nit this II attempt to entce away my slave. he is
gully. far as he is concerned, in the same degree
whether he succeed or not II the disposition OF the slave
10 remain strong resist the attempt, there is
certainly thanks to him. II does not in any degree,
affect his cupatiy This offence, Mr. Prerdent Is very
analogous the laws OF the United States tor the pur
pose Of protecting the country from spurious circua
Jung medium They uniformly punish with one degree OF
severity 'tbe passing or attempting to pass the OF
the aiding assisting OF others to make, with view OF
passing II has always been supposed that party who
attempts to pass counterfeit IS just as guilty as he
%ao does aSsys
meni, the who successtul in his attempt This
amendment of my friend from Maryland Mr. PEARcEl
has accordingly treated the attempt whether success al
or not. crime OF equal grade against society But il
he attempt accompanied with success the bill goes on
TO provide that the party who has committed the offence
shall be liable judgment the full value OF the prop
cry which has been lost in consequence OF H. That
think. is The only difference which ought to be made.
Now. with regard to the third section OF the amend.
ment, admit IN. II very serious difficulty J. for
not solicous with regard TO Il. But am extremely
solctous with regard TO that part OF the bill which pro
ydes dstnc, aud elective remedy Tor the invasion of
The nights Of the Shareholders Of this District While We
disposed give aorthern brethren concession,
by rddng this Dsne, OF the foreign slave trade they
should be willing 10 Us also and show that they
o disposed to grant favor 10 hose who violate the
istng vested rights OF shareholders.
Now, sir there is o wide discretion left In this bill in
relation 10 the OF punishment but am willing that
that shall be extended to provide that the
ishrnsnt shall not e1eetd willing 10 stlke
The minimum ard then, II there be any case falling
within the law, but whch is in its nature
less culIable from peculiar circumstances surrounding
II. the punishment OF the court be low 40 It's
discretion u may see h TO make H. Finally, The Presi-
dent invested with the pardonBg power Tor the very
purpose Of applying il IN such cases think myself
that the provision just one, and that il properly
introduced into this bill shall vote, therefore, for
tanning II there.
Mr. HALE Mr. President, 1 was sorry 10 hear the
dis,ing from Kentucky Mr. CLAY say
that he has objection TO the principle OF these nd
ments. II strikes me- if you adopt this trst amendment
may be very safe regards slaves, but That will be
very dangerous 10 the white people. IL reads as FOL
lows
'And BE- further enacted That II any free person per
within the District OF Columbia shall ence or induce
attempt By persuasion other 10 ence induce
any slaves away from his her. their owner
or lawful possessor, or shall in any" Nc.
Now, sir suppose some individual within the hearing
OF the slaves OF this District should read this that arm
about TO read would he not be- under this statute
guilty OF inducing slave to attempt TO regain his lib
ertyf
1--WE hold these truths be seize vdeni that all
created equal and that they entitled TO certain naien-
able nghtsamongst which are lie, liberty, aud the pur
suit Of appiness"
Would not a Jury Of the District Of Columbia convict
man. under this statute OF the attempt slave 10
escape from his bondage and obtain his freedom ii he were
10 read this OF the American Declaration OF In
dependence in the presence Of slavel
MIR. BADGER, lin his seat) Yes, II he read It to
slave with the intention to induce him to escape.
Mr. HALE Well, sir not only may be con-
viced under the statute, OF reading the Declaration OF In
dependence-the jury looking TO his intention as the
honorable senator from North Carolina says, as 10
whether he meant anything by it, but sir, the minister