The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-10

DEFEaRED DEsATE.
ssiik ne speech Of Hon. Mr.. Walker. Of Wisconsin.
Mr. WALKER having concluded his speech, (Which
will appear al early day. the Senate addressed by
Mr. BADGER do not purpose at all to enter into
after all the other gentlemen who DESTROYS OF
speaking on the subject shall have had opportu
nifty 70 present their views to the Senate, that may
be INDUCED for little space OF time in submitting some
remarks which have TO oer am very happy to perceive
that there are 50 few members who feel desire TO
speak as 4 will afford me opportunity OF being heard
on TINS subject at no very remote day. but rise now
solely for the purpose Of saying word two on the
subject 10 which the senator from Wisconsin Mr..
WALKER referred at the close Of his remarks yesterday
and ia reference TO which made at the moment
planaon, which was necessarily imperfect The
senator referred to decision made some years ago
in my own Sate--lhe case OF the STATE vs Mann
year, for cruel and unreasonable chastisement The
having held in that that indictment did not
~ soms
these partly because they have been misunderstood,
and partly because the expressions themselves are, per-
se os @ ~ ueoa the
public mind the idea that in the State which have the
honor in part TO represent there entire want OF
Just consideration for the protection oil the lives and hap
pness Of slaves. and that masters were vested with
limited authority over them, not demanded BY the ne
cessities Of the case, and inconsistent alike. with
gion Now DESIRE both because | think it is
due 10 the State whose character is. l believe,
improperly assailed and because, at this particular time
independent OF the influences upon its character which
such opinions likely 10 produce in the present state oil
THINGS It'll important that such notions should be correct
ed where they are erroneous as they tend o affect uS-
ec which engages attention and agtates u.s. and
because also. when they thus made and referred to
e. sa 1s
impression and feeling. in the mind OF the South-for
these desire, If once for all to set this
matter at rest. e.#t
Now, in order that il may be understood what is the
position occupied by the law Of the State Of North Caro-
lima upon this subject beg leave to call the attention
in which that law is considered and declared
And, first, in the Of the State Reed, who was
indicted for the murder of slave That indictment did
not conclude, as we lawyers call it, "upon the statute
and the question was, conviction having taken place.
whether any Judgment could be pronounced Il was
Ss e law o Carolina
ing recognised. slave. independently OF positive enact,
by statute, not being within the protection OF
nsss. sae ss eass s g ass
footing OF some statute law 1t upon this question
that opinions were delivered from which will read a
brief extract And first, from the opinion OF Chief
Justice Taylor:
81 think there necessity conclude the ndict-
against the form Of the statute for law Of para
obligation the violated by the offence
the law founded upon the law OF nature, and
hrmed by revelation
The second extract is from the opinion Of the late
Chief Justice Henderson, then associate judge OF the
supreme court. and OF whom will take the liberty OF
sayng-as he does possess national reputation, not
having filled any national appoinment-that few men
ever lived who had more clear, acute and compehen.
the law Of England. and no man who possessed
benevolent, open generous, manly heart; to all
OF which know that my colleague would bear his
cheerful testimony:
"This record presents the question, is the killing of
slave this day statute common-law offence, and.
liza commonlaw offence what punishment Is affixed TO the
reasonable Murder is the killing any reasonable
within the protection e Of the law with malice , pre-
slave L q more Nor properly human sng being
ery, he Is not within protection law therefore
regards the Of death that the
than in the death Of horse This Is argument the force OF
to my nature yet f il be the law the land, be
90 pronounced discaim all in investiga-
brought to ths country by our iorelathers when they
grated hhe and as adopted by the and as modified by
foregoing definition II, therefore, slave Is rea.
sonable creature within the protection Of the law. the
as % aw With the spd bo Of the slave
the law has nothing do, they the masters by the
10 him Nor will the law interfere upon ground that
the State rights and not the masters have been violated
Ia establishing slavery them the law vested in the master
the absolute and uncontrolled right the services Of the
slave and The mean. o. enforcing sg those . oGw
tcupulous nicely his acts In relation heeto bat the
lite the slave being be placed In the
power Of the full enjoyment OF his services
the law takes OF that and with me IL has weight to
show by the laws Of ancient Rome modern Turkey
absolute power Is given to the master the life OF hts
slave answer these the laws OF country
model from which they takenj - abhorrent TO
the OF all those who have eit the influence OF the
mild precepts of Christianity; and II Il Is said that no law
shew that such Is the state OF slavery in
land, call them to shew the law by WHICH the life Of
slave is placed nj the disposal Of his master"
al would mention, additional Argument that II the
contrary exposition Of the law correct then the life Of
would ask, what law IL that Furnishes at this day the
most and cruel Acknowledgement Of slave, by sew
erng limb from his body, life should be spared There
no upon the subject; IL IL the common law,
ry yielding the services Of the slave and any
right incident thereto for It's full enjoyment,
bIt protecting the life and limbs OF the human being and
in these particulars does not admit that he is without
the protection OF the law. think, therefore, that iudg
Inen Of death should be pronounced against the pris
oner"
There is one other passage 10 which will call the at
ention of the Senate because IL is delivered IN case
subsequent TO the OF the State Manu. and shows
the view OF the same judges who were upon the bench
at the time that judgment was given II Is necessary
slave by the name OF WILL who had killed his overseer.
special verdict taken in order TO bring the TO
the supreme court, 10 test the question, whether that
killing was murder. IL was argued that slave, under
circumstances, had right 10 resist and that II he re-
sisted, the killing was murder.
The opinion a part OF which am about 10 read. was
delivered by the late Judge Castor, whose high national
reputation renders il unnecessary that should say one
word Of his eminent learning and high character