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

for the purpose OF showing that the differences drawn
NE a M
not so they just inerences-then the opinion
OF the Judge does not meet the appreciation OF the probes
sion OF the people OF the State The case TO which pro-
pose now refer indictment against master Tor
the murder Of his own slave. decided in the year 1889;
II death unhsPp sasas from masters ,sn, 70,
ns slave and w w ~ gooa % take
or to put in jeopardy the law would doubtless lendery re-
gard &c
supposed have hurried the party into But whee
tho : barbaousy mmodesie and
by other hard usage and painful psiyatlons
pad sssas sas ' y sa he so
must have contemplated fatal termination 10 his baIba
crueies and in such case Il death en'ue' no y
guilty OF murder"
Again in the same case in reference TO the hom-
icide, the chief justice remarks:
at Is ordinarily that actual intent to kill is 10
voyed y he idea Of %asds Ba y Z NOT always "a 10
from the OF the means used other circumstances
II The pan w d gully o.
"a master may lawfully punish his slave, and the degree
must in general be left 10 his Judgment and humani.
y sd not Si He
for Independent ofhe Of i7sl the killing slave may
amount 10 mnrder and this rule INCLUDES kng oy 'he
well as that by stranger"
sit indeed be Gue, in the nature Of things, that
killing BY the owner may be extennaed BY many oirca
vor OF a stranger"
Now, sir with regard to the particular case Of the
cded upon the technical ground, that although there
in fact barbarity both in the degree and the manner Of
punishment, yet upon the iace OF the record the
court had no OF judically determining that that
barbarty was SO extreme and wanlon to constitute in
law crime; beyond this, in my Judgment the OPINION
cannot be supported. .
the Senate clearly show. according TO the notions enter
tanned by the wisest and best jurss in North Carolina
that masters, having right to the time and services OF
to compel the performing OF these servcesto restrain
and to punish and that ordinarily, the degree and man
ner OF that punishment must be left to his discretion Just
as the father has authority to control his children and
compel their obedience and, ordinarily. the means must
be left his discretion Although the authority OF the
master may be, and doubtless s much larger than that
OF the father, is not unlimited and when the express
sion was used in the OF the State u.s. Mann, 'tha
the authority of the master must be absolute, IN order
that the obedience OF the slave may be perfect means
moi what the words would to imply; for SINH
lar expression is used by Chief Justice Henderson, when
at the time he declares, ''the masters authority
was limited and restrained by law !; and Judge CASTOR
declares, "that the masters dominion is not that OF
sovereign that can do no wrong and Judge Henderson
declares him Irresponsible. he exercises his power in
such manner as to kill 9, dlsmemoer the slave"
Then we have among these cases another one-a case
of enormous cruelty which, confess, as North Caro
man. blush should have occurred in my State. whilst
s e. knoW a s n lis
In that case the chief justice lays down. as we have
seen, shat not only is the master responsible as
murderer, ntenuS the uedtn Oh slave,
er he intended not if il be collected from the
means used the injuries inflicted that he intended TO
do great harm and death ensues he is guilty OF murder
make these remarks because think, after what has
been said upon this subject gentlemen should be little
careful to be accurate Certainly, great many Of these
provisions connected with the institution OF slavery may
appear to gentlemen be harsh; but when they to
be careful and to examine it will be found that
thority intended to be conferred except that without
which the rule Of the master over the slave could not be
maintained and the institution itself must be subverted
and therefore, though large discretion is necessarily left
the master, yet when there is clear, undoubted ex
ercise OF power resulting in the wanton killing or dis
not design either the death or the dsmembement, he
stands amenable to the laws Of the country, and is
deemed 70 have computed high crime;
Mr. DAVIS, OF Mississippi, followed, but his remarks
Mr.. BUTLER. Mr.. President, opportunity. must be
seized, it never may be recovered and il lose the
many remarks which have fallen from the senator from
Wisconsin, may never have another. Some OF his re-
marks TO cali for special reply from me- as rep
resentatve Of South Carolina; others have special re-
ference myself, in connexion with the immediate de-
bate and Others again. have reference TO my views here
oore submitted, and which, OF course have been fairly
brought within the legitimate scope OF debate, and which
| have not time TO notice know that am tres
passing the time and feelings OF the Senate in asking
The privilege Of speaking few words at this late hour Of
self the Office OF review and inspection, hope may be
allowed TO give him mark OF sauation. shall do
50 By marching directly 70 TIE subjects to which he has
sive in his views and free in his observations States,
persons, and general doctrines have fallen within the
expansive angle OF his vision and the State OF South
Carolina has been specially selected worthy OF his
censure and anmadyersion. He has thought her pac-
uarly vulnerable upon question exposing State
much nearer to him to the same objection One.
however, being a southern and the other north
ern Staie-in the common language used TO distinguish
hemhe has selected the southern Stale as the that
has made aggressons on the North whilst he has failed
to notice northern State for the supposed offence
South Carolina and Illinois have both excluded with
different notifications free people OF color from coming
within their borders from abroad They may not have
had common aim in their policy, but they may both
have common justification for IT, All that can do is
TO notice his remarks South Carolina and her parcu
lar laws He has denounced them in no measured Ian
guage, and in a tone OF nvectve which would seem TO
imply that he had given bis special attention to them
He says there laws in South Carolina which prohibit
free persons Of color from coming within her ports IN
sailing under the American flag and he said that citizens
OF Massachusetts and other States had been oppressvey
and unconstituiionay ncarcerated under them. have
not before the laws 10 which he refers, nor do
know how far citizens OF Massachusetts, have been in
carceraed under Them There may have been some and
suppose very few, instances in which the provisions
OF the law have been enforced and, will answer Tor
it. never in spirit OF sectional resentment aggression
In her view OF her police pocyntended for her safety
rights OF Others she has various laws regulating black
population Under these laws coored cooks and seamen
not allowed 10 come shore from coastng vessels
coming from northern ports am not aware that, IN
passing such laws, South Carolina has either violated
the constitution or the laws OF Congress regulating
foreign or domestic navigation.
The laws OF Congress- enacted long ago, for the regu