The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-09

judges were opposed TO it, And Lord Brougham, in a
speech delivered in Parliament the subject ex
pressed similar sentiments yet It was not long before
the Judges and the bar and the people concured in opn
ion as TO the beneficial effects OF the reforms II
would seen, sir that IL is part OF mans nature to yield
wh great reluctance the smallest atom OF power with
which he may be invested He is unwilling 10 admit that
he can abuse il It's safest depository he considers is his
own hands. For these and similar reasons think that
the opinion OF the officers OF the navy on this subject
should be taken with many grains OF allowance. find
no fault with the independent expression of their opn
ions IL s the opinion itself which propose TO combat
Their argument is as brief as II seems 10 some minds
formidable They declare the lash TO be necessary and
indispensable ii they right in this opinion there is
an end to the matter Necessity has no law But beg
leave TO inquire into this alleged necessity.
And first ask for what offences has this lash been
freely usedl Has il been inflicted for serious afro
cious Crimes which involve the honor OF flag or the
safety OF our national vessels' Or rather let me ask
has not been Inflicted for offences which, if they had
been entirely overlooked would not have injured the
proper discipline OF the navys Has the lash ever been
used in the hour of battle, in that of preparation for
battle! 10 II reasonable suppose that coward
traitor would face cannon ball 10 avoid the lashs Ii
would seem, them without multiplying words, that, so
lar from the lash being necessary for the maintenance OF
discipline IN the most important duty OF shp-o war, 1t
never has and never will be used How is it, then, in
regard to The next most important matter concerning the
discipline OF man n-of-war' Has it ever been used Tor
the suppression of mutiny3 No. sir the law has pro-
vded Tor that offence well for cowardice, the pun
shmen of death. Having thus briefly stated what the
lash has not been used for let inquire what the
oHenCeS which IL Is deemed absolutely
We may derive some information in this particular from
the published reports OF the offences and punshments
which have actually occurred board ships
By reference to The report OF the Secretary of the Navy
this subject you will perceive that OF the offences for
which has been used is that OF suspicion OF theft
One would hardly say was either necessary proper
IN that case. The offence Tor which, however, there
seems to have been more lashes inflicted than for all
other offences, is that of drunkenness Now, sir, the
government furnishes the liquor for the sailor and if he
gets drunk upon his allowance, the government itself is
pusIbl md he uuht IN bp ba
procures on board OF ship by theft bargain. it is
evidence of axy of discipline for which Others
sponsbe and for which the sailor ought to be ogged
The ash therefore, is not necessary 10 prevent drunk
enness not only for the just stated, but because
il must be universally admitted that it has and
never can prevent the offence OF Drunkenness he who
is habituated TO II is permitted TO have liquor
The offence of dIsobedence OF orders will be found
frequently in this report But not informed OF the
precise nature of the offence whether it is actual
constructive disobedence OF oderswhether il is ser-
trlfiing matter-whether it is for accidentally
splitting on the deck neglecting 10 clean the bright
works OF ship, or not mendng his clothes or leaving
his bag deck whether 1t positive refusal TO
do his duty We are, therefore, left 10 infer its
ness by the punishment inflicted for IT, will hazard the
opinion Judging by that standard, that stopping the ofen
ders allowance OF tobacco, tea sugar, and cof
fee, would have been, III every case, much
sonable and more efficient punishment And now, sir
what has become OF this plea OF necessty'-l will not
the navy do not deserve such reproach from any one
and especially from myself, because did when in the
service execute, and permit TO be executed the law OF
the lash, hope did all other laws OF the service,
which had sworn to obey and TO enforce. And this
should be sufficient answer TO those who expect 10
cape from the grasp of argument and facts by ndugng
in individual TecrimRation, and will be sufficient TO
mind them that there difference in tue position of
those who called upon 10 make the laws and those
whose duty II is 10 execute them.
The officers OF the navy, IN my Judgment entitled
10 high commendalion They are, a class brave,
BILE, generous, and patriotic and in all the elements
OF character which constitute valuable public servants
they no however
may entertain for them class, it is my duty, which
shall endeavor TO perform, 10 deal without reserve or
false decacy with their Arguments, and the which
disgrace and paralyze the service 10 which they belong
Ii does appear TO Mr. President. that the argument
from necessity has resolved itself simply into this that
the lash easy and short way settle trfing diff
Guilty with sailor And were the thumb. screw and
the rack easy and short way TO get confesslon and
the nquston settled matters OF faith easily and readily
But there has been great change in the opinions OF
mankind this subject, and hope the change will go
on until the last relic OF barbarism shnll be banshed
from the world
Bat care very little for the details of this argument
and wl-no deain the Senate any longer in relation 10
them There is one broad proposition upon which
stand II is this Thatan American sailor is an Ameri
can citizen and that no American citizen SHALL with my
consent, be subjected 10 this infamous punishment
Placing myself upon this proposition, prepared for
any consequences. love the navy. When speak Of
the navy, mean the sailor as well as the officer, They
all my fellows .cxens, and yours and, come what
may, my voice will ever be raised against punishment
which Gegrades my countTymen TO the level OF brute
and destroys all that - worm living for-pesonal honor
and seli-respect
Mr. President reference has been made by these memo
riasts 10 the example OF the British government With
what proprety such appeal is made by the citizen of
free republican government TO the institutions Of mo-
narchy let others determine. But sir, am not aware
that the British Parliament has by statute expressly
authorized the OF the lash. There is doubt that II
is used in the navy OF Great Britain and has been used
since the restoration OF the monarchy under the Stuas
but there evidence that the practice OF oggng pre-
vailed in the republican fleets OF the English common
wealth and II is doubted by the best authorities that il
ever tolerated prior 10 the act OF 18th Charles H.
We have copied II from their practice and not from their
statute book But Congress did what no British Par
lament ever ddthey sanctioned it In express by
the laws OF the United States And here, MIR President
you permit TO call the attention OF the Senate 10
a most singular fact, which is this Our law OF April
1900 was principally copied from the statute OF Charles
~ than the British act even under the Sluars, and has
remained so until last year, although hoggng, as psn-
ishmen was tolerated during the whole OF that tme and
up 10 The present moment on land in England.
The act Of Charles IT, alluded to passed when the
Duke OF York. afterwards James H., Lord High Adj
mual OF England, and may be supposed 70 have been
done al his instance The English historian, the Earl OF
Clarendon, tells that when that prince entered on his
duties he found the navy too republican Tor hs taste or
purposes, and about recognizing by getting nd OF
the republican officers In pursuance OF this policy, he
procured the passage Of the act ol 18th Charles H. AL
though that ac does not in express terms authorize the
use OF the LASH yet by virtue OF clause contained in IT,
the Lord High Admiral, the commissioners Tor execu
ing his duties issued instructions authorizing the use OF
the lash in the British navy and certainly may be
cited TO Justify any tyranny would not have noticed
the reference Of The memonaiss to The practice IN the
British navy but that desire this subject not TO leave
peg 70 hang doubt upon. But sir, the example OF the