The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1850-04-17

stale permits : slave 10 Be transported
Isf an offence for which ! white man i
put TO death, " Oh" il Is said, I. here
u detestabie assrice. sacrificing justice
70 money" And If the slave Is put tc
DEATH and not the white man. ahere il
Hn instance OF the greatest astrocities
that ever disgraced the legislation Of
mankind" Nav. with regard to this
" Of course" l do not choose that my
ktate shall lie under the imputsfion Of
being influenced in afiixing punishment
By the mere value Of the slave as pro-
perry. The offences referred to in the
statute, cited in, this note, are conspira-
cies, rebelli0ns, Instructions. The law
of North Carolina, as l suppose the law
of every other country, carefully avoids,
an regard to offences which ordinarily
implicate large number Of individuals,
the horrid spectacle OF indiscrinsiaate
slaughter, ami therefore authorizes the
court there to ailix, either the psnish-
ment OF death or transportation. Ii the
gentleman had been solicitous. before
making this grave charge Of sacrificing
the principles of justice to the base cal
citations Of pelf. he would have looked
a little further into the origin of this
law, and he would have discovered that,
in the preamble Of the original law,
omitted in the reyisal, the motives is
set out, which is, to avoid an unneces-
sary shedding of blood, by enabling the
courts, after sufficient example has
been made, to give sentence Of transport
tation only. The purpose. therefore, is
evident: in the first place, to punish
with death the leaders, those who stir
and foment this instruction, and with a
just consideration and humanity to " it'll
draw that penalty from sabordinates in
guilt, while the safety Of the State is
consulted BY removing them out of the
United States. And if the gentleman
who wrote this note had not skipped
over, in his citation, the S8th section
of the same revised statute, he would
have found the extreme care which the
legislature took to avoid any hasty con-
yiction Of slaves charged with such Of.
fences. The legislature knew it was a
subject upon which the public mind was
likely to become excited and that Sec
tion provides that where the testimony
Of blacks shall be received, for the pur-
of conyicting the slave, such testimony
shall not be deemed sufficient unless il
is supported BY other and pregnant cir
cnmstances, uniting to produce convie-
ton Of guilt to the minds of the jury
who may have charge Of the offender.
No, sir, no such motive exists as the
writer of this note supposes. And the
reason why in my State that particular
offence is punished inaexibly by death
to the white man, is obvious. A white
man who joins in such an Instruction
stands without excuse, and is necessa-
rily ring-leader. lie is not person
imposed upon, but imposing upon 9th
ers and the legislature wisely and just
ly determines that no discretionary mo-
difcation Of the punishment should be
left in regard to him, when engaged in
such an insurrection against the peace
and lives of the community. But, sir,
the whole legislation of my State--I do
not mean TO distinguish between that
and other Southern States; | speak of
her, because know what her laws are
lis marked by the EXTREMIST care for
the lives of those slaves who are unfor.
tunate enough to be charged with capi-
tai offences. They are tried by the same
tribunal that tries the white man. They
have right to counsel, if not retained
by the owners, assigned BY the court.
They have right to challenge So jurors
pere nptorily, and to be assisted in these
challenges by their counsel. They can
appeal to the supreme court and, in or
der to give them the largest security
that is attainable against improper inau.
ences, and the benefit of every safe
guard against improper conviction,
while any freeholder is competent to sit
upon the trial of myself for my life and
death, no freebooter who is not also
sidfen0idefl Is competent juror 10 pass
up the life of slave.
Now, Mr.. President, | wish it to be
distinctly understood-itis for that pur-
pose | have brought this subject for
ward it is for that purpose l have no
ticed the note to which | have called
the attention of the Senate-that the in
ferences drawn from our legislation, as
well as from detached expressions and
incidental observations contained in law |
reports, to which / alluded the other
day, are very well calculated to mis-
lead the mind and to produce very un-
Just, and consequently unfavorable, i'm
pressions as to the state of the public
mind in the southern country in regard
to the slaves who are subject to our
control.
Permit me just to read marginal
tote of case decided in North Carroll
ia no longer ago than the month of
Iune last, where slave was charged !.
vi+h tha n,trdays of a white man and I