Weekly national intelligencer., 1850-03-16

in jeopardy the Law would doubtless sndery regard every
which, Judging from the conduct generally OF
slaves reasonably be supposed TO have
hurried the party into excess But where the
the measure the
the INSTRUMENTS accompanied by other hard
usage and painful prvations OF food, clothing and rest
loses all character of correction in sno
plainly that the have contemplated iata erm
nation his barbaous crueles and in such case, death
ensue, he is guilty Of murder"
Again. in the same case in reference to the same homi-
eide, the chief justice remarks
II il ordinarily true that an actu intent 10 kill is involved
in the idea of murder But is not always great bod
harm be intended and that be gathered from the nature
the party will be guilty OF MURDER although ne may not nave
intended death"
must in general be left his judgment and humanity
and be udca questioned But the masters autho-
ri is not altogether unlimited he must not aa wn.nt ro f.
murder and this rule includes killing by the master as
well that by a stranger"
1t must indeed be rue in the nature OF things that Kill
ing the may be exenuated by circumstances,
from which palston could be derived in favor OF
stranger"
Now sir with regard the particular case Of the State
u.s. Mann, suppose may have been rightly decided, upon
the technical ground that although there was IN fact bar
bay, both in the degree and the manner OF punishment yet
upon the face Of the record the court had means OF udlc
ally determining that that barbary extreme and wanton
constitute. in law, crime; beyond this in my judg-
ment the opinion cannot be supported
All the cases to which have called the attention of the
Senate clearly show according TO the notions entertained by
having right TO the time and services of the slave, ne
cessay consequence have the authority to compel the per-
forming OF these seryceso restrain and punish and that
ordinarily the degree and manner Of that punishment must
be LEFT his discretion just the father has authority to
control his children and compel their obedence and ord
naly, the must be left at his discretion. Although
the authority Of the master may be- and doubtless i, much
larger than that of the father not unlimited and when
the expression used in the Of the State Mann,
hat the authority Of the master must be absolute, in order
that the obedience Of the slave may be perfect il means not
what the words would to impy for similar express
sion is used by Chief Justice Henderson, when at the
time he declares, "the masters authority limited and
strained by law = and Judge Castor declares that the
tes dominion not that Of sovereign that can dono wrong
and Judge Henderson declares him responsible if he
ces bis power in such to kill dsmember the
slave"
Then have among these another one-a Of
enormous cruelty, which, confess, North Caronian,
blush should have occurred in my State whilst IS salts
faction know that the offender suffered upon the scaod
the just punishment Of his crime In that case the chief JUS
ce lays down. have seen, that not only the master
responsible murderer if he Intends the death of slave
but whether he intended it not if II be collected from
the used, the injuries inflicted, that he intended to
do great harm, and death 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
nected with the institution of slavery may appear gentle
to be harsh but when they to be careful and to
examine, it will be found that authority is intended to be
conferred except that without which the rule Of the master
itself be subveed and therefore, though large dscre
ton necessarily left to the MASTER yet when there is clear
undoubed exercise OF power resulting in the wanon killing
dismembermen though the person who used did
design either the death the dismembermen he stands
amenabe to the laws Of the country and is deemed haye
committed high crime.
Mr.. DAVIS. The Senator from Wisconsin has referred
frequently to the Senator from Mississippi calling my at
tenton to what he about to say, that think necessary
without intending fully to reply to him. to show how unfairly
he has treated what said in the Senate former occasion
Mr.. WALKER. / beg to assure the honorable Senator
that did not intend to treat him unfairly.
Mr.. DAVIS will say to the Senator from Wisconsin
that glad hear his that he did intend
do and yet his presentation Of what said is such to
do great injustice; but it being unintentonal without
commentary or preliminary remark, will merely read
those passages Of the speech upon which his argument
founded, and will leave what have sad heretofore, to
what has been said by him in relation thereto on the
present 1t will show that he has quoted what
did say bot something that he has assumed to have said
Mr. WALKER The most material part Of what quoted
from him from different speech from the he hodsin
his hand, published in the Union Of the s0th.
Mr. DAVIS The Senator heretofore referred to what
had said in relation to the Missouri compromise answered
him on that OCCASION and receiving the pamphlet edition
of my remarks avoid the possibility that he had misunder
stood assured myself that he had copy Of my speech
and called his attention to containing full explanation
Of my views upon that subject And if knowing opinions,
he has represented otherwise leave TO him TO explain
In this speech, when treating of what claimed by the
North the proper action Of the Federal Government in
the exclusion OF slaves OF tne SOunen otates
from the Territories, and the grounds upon which it done
said:
A this under the pretext that property in slaves is local
nature and derives its existence from municipal law
Slavery existed before the formation Of this Union It de-
rived from the constitution that recognition which would
not have enjoyed without the the States had
united together, there would have been obligation
adjoining States regard species Of property unknown
themselves But of the compromises Of the const
tuition that the slave property in the Southern States should
be recognised property throughout the United States 1t
was recognised inthe obligation to restore
nsed in the to tax them personsrecognsed in
their in the halls of Congress- Asa property
recognised by the constitution, and held in portion Of the
States the Federal Government is bound admit it into all
the Territories and give it such protection other private
property receives"
That my argument. appeal to the Senator whether
his remarks upon that portion Of speech are fairly applied
to the text.
Mr.. WALKER. If the Senator please, did not quote
from that speech.
Mr.. DAVIS Then again. in speaking of the right under
the constitution, after having acquired this territory from Mex
to carry any species Of property into that territory not
whstandng any law having prior existence which prohib
ted its introduction, said
elf the right Of the Shareholder to migrate the Terri
tories and carry this species of property there prohibit
by Mexican laws the right of the ordinary trader
there with any of those sixty articles of like
wise prohibited and the privilege which every citizen
right But the right Of free trade throughout the United
States derived from the constitutions and resulted necessarily
instantly from the transfer Of the country the United
States That right equally applies to the transfer of slave
the Territories, and the Mexican laws in
force S,is subject than on the other"
" was because the constitution overrode these prohbory
laws that free trade exists II is because the constitution
mmuniies all citizens Of the United States that claim
the abolition Of slavery by Mexico have died with the