The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-22

lions Win fckdru 10 my own Stale, OF whose ldWr
pen TO know something, as well as of the habits and
character OF her inhabitants do this because every
thing which lmPesses upon the general nad Of our
northern fellow that we are heartess exact
ing, unjust nerclless OF people, has most unhappy
effect upon their disposition and feelings towards US, and
induces expressions from them towards US which react
upon our minds and this is continually fomentng and
increasing these sources OF dsquet and alienation, which
every patriot must regret and should desire to remove
saw the other day. accidentally in taking up news
paper, note appended to speech delivered IN another
place. In TINS note found these passages;
"NorE BY MK. MAsN.-On repairing to the Law Library,
ascertain which party was right in regard to the above
al least three cases where the courts were authorized
sentence slave to be transported Tor the commission o an
hung. tsee North Carolina Rev. STAT, vol j. chap III
s. 49, 81 w2 ofcourse the reason q this differences y
the pecuniaTy value OF the slave. Hung, he would be
worthless transported Cuba, he might bring five hun
any other number offences with death. when comml
led by slaves while the offence receive mlder PEN
benefit Of cery iwhere that relic Of barbarism Sill, pre-
vais) slave, while It 10 granted TO white man are
surely among the greatest atrocities recorded In the history
Now, sir, | would not be willing to suppose the
gentleman who penned these paragraphs capable OF will
people OF State Of the Union but so carried away is
he by this subject that he does not perceive that his
"of course in the first passage, manifests most un-
charitable deducton and he does not perceive that what
be says the second paragraph is in direct conflict and
Inconsistency with the first. II the Legislature OF a
southern STATE permits slave TO be transported for an
offence for which white is put to death, .'Oh," it
il is said "here is detestabe ayarice sacrificing justice
TO money" And il the slave is put to death, and moi
the white man, "Here is an instance OF the greatest
atrocities that dsgraced the legislation o mankind"
Now. with regard 10 this of course" do not choose
that my Slate shall lie under the imputaon OF being in
uenced in ahxng punishment by the mere value OF the
ute. cited IN this note are conspracics rebaons. in
surrections. The law of North Carolina, as | suppose
the law OF every other country. carefully avoids, in
regard to offences which ordinarily lmplicate large
number Of individuals, the horrid spectacle of ndscrmi-
slaughter and therefore authorizes the court there
aix either the punishment OF death or transportation
the gentleman had been socitous before making this
grave charge OF sacrificing the principles of justice to the
base calculations OF pelf he would have looked little
further into the origin Of this law and he would have
discovered that, in the preamble OF the original law
omitted in the revisal, the motive is set out which
is 10 AVOID unnecessary shedding OF blood, by en-
ablng the courts after sufficient example has been
made, TO give sentence Of transportation only The
purpose, therefore, is evident: in The first place,
10 punish with death the leaders, those who stir and fo
nent tais instruction. and with just nsdeatlon and
guilt while the safety OF the State consulted by
ing them out Of the United States And il the gentleman
who wrote thus note had not skipped ove in his cation
have found the extreme which the Legislature took
10 avoid any hasty conviction OF slaves charged with
such offences The legislature knew i was subject
upon which the public mind likely 10 become excited
and that section provides that where the testimony OF
blacks shall be received for the purpose OF convciing
the slave such testimony shall not be deemed sufficient
unless II supported by other and pregnant crcumstan
ces uniting 10 produce conviction OF guilt 10 the minds
OF the jury who may have charge Of the offender. No.
sir, such motive exists the writer OF this note sup
poses And the reason why in my Stale that particular
offence punished infexiby by death to the white man.
is obvious. white man who joins in such insurrec.
tion stands without excuse. and is necessarily ring
leader he Is not person imposed upon but imposing
upon Others; and The legislature wisely and justly deter
mines that discretionary modification of the punish
ment should be lett in regard to him, when engaged in
tusu tha and of he
community But, sir, the whole legislation oil my State
do not mean to distinguish between that and other
southern States speak {, Of her. because know what is
lives OF those slaves who unfortunate enough to be
charged with capital offences They tried by the
tribunal that tries the white man They have rghtto
COUNSEL il not retained by the owners, assigned by the
court They havea right to chalange 35 Jurors per-
emptoy and TO be assisted in these challenges by their
counsel They can appeal to the supreme cour and in
order to give them the largest security that is aanable
against improper influences, and the benefit OF every
safeguard against improper conviction, while any free-
s and mo- Who Il po so s~s
holder is competent juror TO pass upon the lie OF
slave.
stood is for that purpose have brought this subject
forward il is for that purpose have noticed the note 10
which have called the attention of the Senatethat the
lnierences drawn from our isgslaoa as wen a. from
ed in law reports to which alluded the other day,
very well calculated to mlsead the mind and TO produce
very unjust, and consequently unavorapie, impressions
to the state Of the public mind in the southern country
in regard 10 the slaves who are subject to our CONTROL
Permit me Just 10 read marginal note OF case deci.
ded in North Carolina no longer ago than the month OF
June last where slave charged with the murder OF
white man, and had been convicted OF that offence in
court OF law His was brought to the supreme court
upon exceptions 10 the judges charge below; and the
judgment was reversed and trial granted This
the marginal note, stating the principle laid down by the
supreme court:
..'If white man wanony innicts upon slave. over
whom he mas no authority, severe blow, repeated
blows under unusual crcumstance and the slave the
insiaat strikes and kills. wiihoat evncng, by the means
slaughter, giving dus weight motives OF policy and the
necessity Tor subordnation.
"The principle OF extcnuaton applies the beaten
slaves comradc friend. who is present. and instantly
kills the assaiiant, Without in like by the
used, evincins great wckedness or cruelty"
Now, think may safely challenge the world TO show
tender consideration for the passions and feelings
OF human being than Is manifested by that wisc mod
crate, and just rule which the supreme court has laid
down, by which the life OF unfortunate slave saved
instant taken the life OF white man. and with weapon
likely to kill. Sir we ought to understand wish our
northern friends TO understand that in dealing with this
subject they are not dealing with inhuman relations OF
society existing among savage people, but with an in
sution existing In Christian land, in which slaves are
ruled by Christian masters in which their condition %
mi,gaed BY the operation OF the principles OF Chrsaa
friends at the North, founded upon another and mis-
taken suppositon unjust to and which, at this parc
ular uncture is calculated TO produce very mschevous
results
But then, sir, slavery must be remembered and looked
at in another point OF view. II is with "a fixed
fact = the origin OF is matter OF sort OF importance
in the inquiry how this subject is to be dealt with In
he orioin frcan aIaverv hare Iagtal