THOMAS LORING,
AND PROPRIETOR
EDITOR
TEUUIS : i
THE NORTH CAROLINA STANDARD
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WTHE PEOPLE OF THE STATE. OF
NORTH CAROLIJN A. .
tt,. o.lrocspfi some time since, a printed cir
.l:,rti certain of our constituents, who had made
inquiries of us, as to the proofs of charges that
k,on mrfrt nfr:iinst General Harkison, m
u,;n t n law of Indiana, and a law of Ohio,
subjecting white citizens to sale for the non-pay
ment of fines and costs of prosecution. . We con
AaroA ihnt our fellow-citizens had a right to
mike these inquiries, and th.it it was our duty to
..en.r ihpm. As the- letters we naa receiveu
iiuow j
upon this subject were very numerous, we de
iprmined to sive a general answer to them all
onH as we meant to sav nothing but the truth,
nnA unlike some other Dolkicians, hid no obrec
flm'that anv thinrr we said or wrote should be
published, we issued a short reply to the inqui
ries thus made of us in a. printed circular, under
the responsibility of our names.
This appears to have -given great offence to
some of our colleagues. Messrs. Stanly, Wil
liams, Deberrt, and Rayner, have addressed
you in a -publication in yesterday's Intelligencer,
in which we are denounced us "having descend
ed from high stations to make unfounded charges
and misrepresentations!" and these gentlemen
are "mortified beyond measure" that this should
have been done by members who come from N.
Carolina.
We cannot say that we are either jsorry. or
surprised at the course of our colleagues. We
Iniht, to be sure, haw expected a very different
course from these gentlemen as our coiiepes,
and so very sensitive for the honor of our St ite.
we had really, misstated any fact, or had, m
relation to those laws, misunderstood them and
misrepresented their true meaning, why did not
these o-. ntlemen, instead of undergoing the mor
tification of publicly denouncing us. call, on us,
and at least endeivor to show us our mistakes,
a id desire us to correct ihem ? We appeal wr.h
confidence lo such of you as knowis, whether
you do not believe that, if any errors ot misrep
resentations' had been thus pointed out to us, we
would not readily have corrected them, and pub
licly repaired any wrong we. had done?
These gentlemen knew well we would have
done so: and they did not thus call on us, be
cause they did not believe they could show ns
anrunfounded fact or misrepresentation. If they
had called upon us, although they are some of
ihem lawyers, and we but p'ain citizens, we
think, uprni the subject of these laws and other
matters in their address, wc could have enlight
ened them so far as to have saved them from
the mortification they must feel from the expos
ure we are about to make of them. -We
undertake to place them in this position
as charin"- us with misrepresentation, haviog
no other way of making it out but by being guilty
of the grossest misrepresentations themselves.
Now to the proof and we begin with the Indi-
law and we aver that we nave siaieu ru
terms and
ana in ,
its meaning correctly, and that these
rt-ont fmpn nave lOiailV nnsre Mcsruwru
(!:
Now a3 we have, published this law, so have
they They do not pretend that we have not
given it fairly, fully, and correctly. Here it is
a5ain, as we both Agree read it for yourselves :
Extract from the Laws of the Indiana Territory,
printed at Vincennes. by Messrs. Stout & Smoot,
in 1807, and now in the Library of the State Ue-
partment, Washington city.
CHAPTER VI.
An Act respecting Crimes and Punishments.
Sec. 3a When any person or persons shall, oh con
viction of any crime or breach of any penal law, be
sentenced to pay a fine or fines, with or without the
costs of prosecution, it shall and may be lawful for
the Court before whom such conviction shall be
had to order the sheriff to sell or hire the person or
persons so convicted to service to any person or
persons who will pay the said fine and costs, Jor
such term of lime as the said Court shall judge
reasonable. - . ,
And if such porson or persons, so sentenced and
hired, or sold, shall abscond from the service of his
r u, ootQ, nr mUtrP before the terra of such
servitude shall be expired, he or she so absconding
choii :,;,, hefnu. a instice of the peace,
Juan, uii timi i-n"" j . j U II
be whinnpH with thirtv-riine stripes, and shall,
fnrn Aava for P VPTV One SO lOSt.
Sec. 31. The judges of the several Courts of re
cord in this Territory shall give this act m charge
to the grand jury at each and every court in which
a grand jury shall be sworn.
' JESSE B. THOMAS,
Speaker of the House of Representatives.
B. CHAMBERS,
President of the Council
Approved, September 17. 1807.
' WILLIAM HENRY
WILLIAM HENRY HARRISON.
The. difference between us, then, is as to the
mnin? and effect of this law." We saitfit was
a law "to sell white men and white women for
sheriffs' fees, clerks' fees, and lawyers' foes, and
fines imposed by Courts." This ojr accusers
deny this they say is a misrepresentation ; and
thus they make it out. iney ay
"'.Ve submit whether the statement does not bear
its own refutation on its faze. The act related to
' crimes and punishments.' It applied only to those
who were sentenced, on conviction of any en ne
or breach of any penal law, to pay a fine or fines,
With rr nr i ill nut the Pfi5t5 nf nroseculton. I he
reading of the law exposes the groundless charge
because it sav ' with or without the costs of pros
ecution.' Messrs. M. and H. would have you be
lieve that, in enacting this law, the clerks', lawyers ,
and sheriftV fees were alone consulted. It was in
tended as a ounishment for crimes, such a3 horse
stealing. ho stealinsr. burslary, arson, &c, which
are expressly mentioned in'the law, when the crim
inals were,' on conviction,' sentenced to pay a
fane, 'with or without the costs ot prosecution. "
We have here a lawyer's quibble about the
i . . . i ... . . . t .,
woras "iv un or wunout toe costs oi prosecution.
How-do these words show our charge to be
groundless? We say they mean that when the
Court sentences the -person to pay a rine only,
"without the costs of prosecution," then he is to
pay the fine only, and when the sentence is to
pay a fine "with the costs of prosecution," then
he must pay the tine and costs, and the costs are
sheriffs' fees, clerks' fees, and lawyers' fees, and
the man unable to pay; is to be sold to pay the
fine and these fees. This we say is the law:
and our accusers (lawyers too) are either so
blinded oy passion ana prejudice, or oeneve uiai
you are blind and ignorant enough to take any
version of it they may give you. that they deny
this "plain meaning of these words, and seem to
understand them as a part of the sentence of the
Court-that the Court sentences the man to pay
"a fine with or without the costs of prosecution."
That is, the man is to pay the fine, "with or
without the costs," as he pleases so that he is
never com Del led. bv the sentence under this law,
to pay'the costs, unless he chooses to do so; on
ly the fine, wishout the costs. Ana tnus mey
make out our misrepresentation in saying thafa
man" could be sold under this law for 'costs, -or
clerks', sheriffs', and lawyers' fees.
Let any rrian of common sense say whether
the absurd and ridiculous meaning they give to
these, words can be the meaning of the law.
Did not the law mean that the person convicted
was to be sentenced to pay a fine, with the costs.;
that is, the costs also, if the Court thought fit to
so sentence him? Did it mean that he was to
pav the "fine only, and never pay the cost$; hav
ing this option of paying the fine with the costs,
orwithout the costs, as he pleased? " 1 so, why
did the law. say any thing about costs and why
say, in ihe. subsequent part of the section, that
the sheriff is to sell or hire, &c, "to pay the said
fine and costs" ? It is plain, then, the man could
be sold for the costs, and we are right, and our
accusers are wrong ; and they, ought, to be mor
tified beyond measure," that members from" N.
Carolina, even if they were not lawyers, should
make such a misrepresentation. But their mor
tification ought to be far deeper for a far greater
misrepresentation oh this subject. They say of
this act, "it was intended as a punishment for
crimes, such as horse stealing, hog stealing, bur
glary, arson, &c." .
Now, here is a most unfair intimation that the
vv hite persons, men and women, subject to the
punishment of this act, were such as were con
victed of the crimes they have enumerated, or
such crimes. To "be sure there is &c. but that,
it was thought, you would not notice or under
stand, and would therefore think that it was for
infamous crimes like those they mention, that
persons were to be sold under this act, and not
(as the law says) "for any crime or breach of
any jenal law."
Arain. thev sav "it was intended as a pun-
. i . . i : ...U n knirn clufi inrr hn(T
isnmem ior crimes, oju aa wviat, .,.. ..g, --
stealing', burglary, arson. &c." It was intend
ed for no such thing: for this-very same law
punishes, all these offences they have specified
with severer punishments than fine and costs,
some of. them with death. And indeedwho
ever heard of a law punishing such crimes mere
ly by fines and costs? Here then is a pretty
plain misrepresentation. They say this Iiw
"was intended as a punishment -for crimes such
as horse stealing, hog stealing, burglary, arson,
&c. which are expressly mentioned in. the law ;
And these crimes are expressly mentioned in the
law, not a3 punishable by a sentence for fine and
costs only, but by whipping, imprisonment, pil
lory; and death ; so that this law did not apply
to these crimes. And in this same law, assaults
and batteries, riots and other offences are men
tioned, and made punishable by fines ana costs
only: so that for these the law was intended ;
these lesser misovmeanors or uicawics ui
penal law, as are not attended with any nior-i
turpitude. Did not these gentlemen see mat mis
aw applied distinctly ana cieany iu auy vnuic,
any penal law i uiu iney ui
saults and batteries, and other misdemeanors we
u-to muniinnixl wpfR with i ri its operation u
thev did, why, when they mentioned horse ana
uav Hiviiiw.-i ,
hog stealing, burglary ana arson, uiu- mey nui
goon to assault and battery and" riots before they
finspd the catalogue with this cunning "&c."?
w v o .
I not acknowledse and do
. " - - - a
. ... t :.." I
not want voi to see Hint, meir lavorue, vjreueiiii
Harrison, signed this law to sell white men and
women and subject them to thirty nine lashes, if
tnn.n'oor to Da v fines and fees for assaults and
w g m
batteries, and such like petty offences.
Here then is a double misrepresentation.
First, in: adroitly intjmatmg that the law was
ohlv intended for such heinous crimes as tfiey
ment on: and secona, in saying uiai 11 was ui
. i : . I z
tended lor horse stealing and the other.cnmes
they specify, which are never so mildly-punished
I . - m .
at. kxr a sentence ior nnes anu .uji.
Rut this is not all. Their whole defence or
General Harrison rests on this pretence, ana
rheir whole chaTsa of our misrepresentation as
to this act, is the same the law was only meant
(nr infamous criminals, burse thieves, and such
like. General Harrison was only lor a law for
selling such offenders. This they repeat con-
tinnallv. 1 hus thev sa v : '
"We take it tor srranted thai any inieui'eui uiau
m;tl cpa at onre this misstatement, and will, as soon
as the law is read, be entirely satisfied that selling
a horse thief, or a hog thief, or one who had com-
mated forgery or perjury, aiier ueuau
victd' by twelve men, cannot properly or wun
truth be said to be selling Tespectaote ana gooa
noinrhhnr men-, for lawvers1 fees."
We take it for granted that every intelligent
J- ' . . . -. ' .M'
man will see this misstatement, will see that we
have acquitted ourselves and proved our accusers
guilty of what they charged upon' us. The is
stiP. between us is a plain one. If this law was
intended for thieves and Dersons convicted of for
gery or perjury, if they only were liable to be
sold under this law of General Harrison, men
we are wrong : but if otherwise, if the persons to
be sold under this law were not these heinous of
fenders, as the law itself shows, but persons
truilty of assaults, riots, and other lesser offences
Then we are right, and the misrepresentation is
upon our accusers, and respectable and good
nio-bhor men miht. he sold under this law for
assaults and batteries, for we have known such
nersons to be sometimes guilty of such onences
and we presume that at least one of but accusers
knows of such a case.
We did not advise our constituents "to oppose
the election of General Harrison becadse he
vvished to punish thieves, forgers, and perjured
TH CONSTITtTTIdN AND THE UNION OF THE
RALEIGH, N. C. WEDNESDAY, -JULY.22, 1840.
wretches," feut because her wished to punish,
with", this cruel.-- and disgraceful punishment of
sale and whipping, persons who werje, guilty of
assaults' and batteries and such smaller offences
as very honest people may Sometimes be tempted
to commit, if they were too poor to pay the fines
and costs of prosecution.
Yet these gentlemen ask, "how could honest
people suffer by such a law V "No honest man
could complain of it." Now we think there are
many Iffws for slight offences, -which very honest
people may sometimes violate, and the law think's
so too, for it punishes, in such cases, simply
by the payment of fines and costs. And we
complain of General Harrison, because he
thought such people,, if they were poor, ought
to be subject to be sold and whipped. We say it
shows that he belongs to that class of politicians
whose sympathies are all with the rich. They
are to pay their fines and costs, which they can
do without feeling it, but the poor are. to .be
sold. Nay, he carries the matter still further
than this. He is for a law which, while it pro
vides for selling the poor, protects the rich from
prosecution. Look at- this section of .the Ohio
law.
"Sec. 17. Be it further enacted That when any
person' shall be apprehended for, or charged with
committing an assault, or assault and battery, if the
party accused.cat agree,' compromise, or se.ttle with
the party injured, no further proceedings shall be
had on account of such offence, either by indictment
or otherwise." .'"'.
General Harrison was for this. This vote is
in Ohio journal for. 1820, page 305
Thus it .nnnMPs that Oonofnl Harrison is for I
.. r... .
rif rm i i i n tr h rri i ri w un tv 11 ri 11 is muiicv.. la cua- i
V, u r.'.f,n u u k;.. rnnHnn
escape u prosecution, aunougn n.s iuuu ...av th 'annot be' hired for the costs, nor give suffi
have deserved the most exemplary punishment ; r ,Ko oamf. nr tK'r f.,tnr,
aim me man wuuw iuu jjuur iu uu iuia, muoi Uc good behavior, in that case it shall and may he law
triedi and if convicted, and too poor to pay his ruj ror said court to cause the offender pr offenders
fine And fees, miy be sold. This is General
Harrison's way of distributing criminal justice
to the rich and the noor. Their monev is to rive
- i - - ."i i
impunity to the one, their poverty, servitude, and
stripes, to the other.
This is what our colleagues know they have
to -defend for- their candidate: and unable to
defend it, they deny it, and misstate the law,
We pronounce this attempt an unworthy artifice,
unbecoming members of Congress representing
honest men. Fellow-citizpns: we call upon you
to read this short, plain law of General Har
rison's, and iud?e between us. It says: "Any
crime." "breach of any penal law," our col-
l( agues grossly insult your understandings," by
insinuating, over and over again, in their publi
cation, fwhat they dared not plainly assert,) that
it does not mean any crime, any penil law, but
was ' intended for horse thieves, hog thieves.
burelarv. arson." etc.
Now the law itself 'before them, published
horse thieves, hog stealing, and arson, in page 30,
and burglary in pige 21, by severer punishments
than the payment of fines and costs, therefore, this
sertinn was not intended for them. And the
'.me law punishes assaults and battery in page
28. and riots in Daire 23. and also other offences.
kir mnnsmor fines ana costs: and therefore this
section applies directly to such lesser offences.
And now. we ask vou, have von never Known
lonest men. crood neighbor men, to be guilty
of assaults, riots, obstructions to lawful authority,
nnHisnrh other breaches of Saw.?. And we ask
vau to sav what you think of a law which would
expose such persons to sa'e, and to be whipped?
nirpei .
pproved
L no sort
And what you ininK oi ine man who a
such a law.'and of the men who stop at
of misstatements and artifice to uphold him lor so
Joins?
But our colleagues have made a great oiscove-
- . . . . , - ...
rv. i nev nave :ouna a iav oi lnurnrvaiumin
mi I t J 1 f TVT .U I I.
as bad as this of Indiana : so that "the assertion
we made as. to the Indiana law, may-be made
with as much truth of this law as of the Indiana
aw.
And here airain we mean to prove upon them
another misrepresentation. We will rescue our
State from a charge which we consider disgrace
iui(uV..... . r "j .
I. . 1 ... ihrnnrn nnnn it Ktr cnmf ft I IT Q niVfl rPCV-
It has no such law in its code.
rom memory, not having uie dook oeiore us, u w
nrnnin pii i ii i i-ri i miii iiri kimis wv hu u. awk- uiiu
disorderly in their conduct, (not confined to those
whn are convicted of crimes, as the Indiana law
Ill SUail uvuuiv .i D t
nunishment may be inflicted as otten as tne person
mav be sruiltv. allowing iweniy uj wivu "1C
punishment and the onence."
Now mark these worthy colleagues, who are
for the honor of their State, so mom
fied that "members who should have come irom
North Carolina" should make misrepresents
Hons. It seems tney -quote iun w ""
mrtrr nftt hnvinor the book before them. I hi!
way of quoting the law was, no doubt, the most
cnnTPn pnt. lor thev COUia rememuer iu iiiocii.
snrh niirls ns m irht suit their purpose, and re
wuw a " - - . . -a
member to forget the rest. Accordingly, not
havino the book before them,
- 41 . t I
tney can oniy re
member that "it is provided that certain Persons
who are idle, disorderly in tneir conuuci, w
confined to those who are convicted of crime, as
the Indiana law Was.) should be hiret out ;
thm "nnt hurinff the book before them.
ana
1
they
arfltavorea witn sucn a m uniuuo uv...v. w.
morv. that thev quote all the rest of the section;
anH'irnm th Tsnmfi na?re. being eight or nine
lines, word for word,, exactly as if they had the
kf- kafnro Km We have nothing to do.
" . i i ,ir l
therefore, with this latter part, which they have
rmemhored with such surprising correctness.
Those persons who could not be hired out, nor
rr,T, oo.'.,ri'ttr nr to be whioned. But
hn r thev that nre to be dealt with with such
-:,,r ? tv thmnr denends on that. Are
thev such nersons a the Indtana law subjected
to sale and whipping? persons guilty of as
i ...rr.. 0 . .
S3 a It, riots, &c? or are they proic.
dened offenders, deserving acn Psf " VaW
- M 1 , 4
t? . ,u:- , .v. ,,ot ri.rpr to tnat nan oi me ivr
where those 7entlemen s
,; taiA them.
as remarkably as it helped
.i . u ,. n
Pa!1 "l u . . n;r..
Who. then, are the persons """-F
ed? Those gentlemen say, -persous wuo
victed of crimes, as the Indiana law wa3.
STATES --T.HEY- "MUST BE pBESfeVED.
.Then, according to the representation ttiese
gentlemen give from memory of a law of their
own State, persons who are only charged with
idleness and disorder, and have not been con
victed of crimes, are to .be punished by this law
of North Carofirfa ; trad if so, as they intimated,
it would be a harder law than that of Indiana,
for the punishmentthere was after conviction ;
here, according to their raenvory, it is without it.
Now, let the law speak far itself : vol. I, lie-
vised Statutes, page 201, sec. 44:
, "If any person or persons, who have no appar
ent means of subsistence, or neglect apply ing them
selves to some honest calling for the support of
themselves and their families, shall be found saun
tering about, and endeavoring to maintain them
selves by gaming or other undue means, it shall
and may be lawful for any justice of the peace of
the county wherein such person may be found, on
due proof made, toissuehia warrant for such offend
ing person, and cause him to be brought before said
justice, who is hereby empowered, on-conviction,to
demand security -for his Or their good behavior, and
in case of refusal or neglect, to. commit him or
-them to-the jail of the county for any term not ex
ceeding len days ; at the expiration of which time
he shall be set at libertyif nothing criminal appears
against him, the said offender paying all charges,
arising from such imprisonment ; 'and -if such per-:
son be guilty of the like offence from and after the
space of twenty days, he or they so offending' shall
be deemed a vagrant, and be subject to one month's
imprisonment with all costs accruing thereon,
which, if he neglect or refuse -to pay, he may be
continued in prison until the next court of the coun
ty, which may proceed to try the said offender ; and 1
.i'- . f . f t r j J
if found jTtiiltv bv a verdict of a iurv of zood and
lawful men. said court mar riroceed to hire the of-
W--- ' ,: -.u- r
i vi . i vi t -w ' i " .
months, to make satisfaction lor all
costs; but it
such person-or persons be of ill ta
i me.
so that he or I
to receive thirty-nine lashes on bis or their bare
back, after which he or they shall be set at liberty ;
anu me cosis arising iucktu.. aUai. yCy.uc
charge which'punishment may be inflicted as often
as the person may be guilty, allowing twenty days
between the punishment ana me onence."
Now, we see what a strange perversion of
this law is given by our colleagues. Are the
persons it thus punishes only idle, and disorder
ly, and unconvicted ?
Before the law can anect tne party at an, ne
must be a person who has no nppareat means
. ' .--11
of subsistence, or .neglects applying himself to
some honest' ca I linsr for support, then such. per-
son must be found saunterinsr about and endeav-
orjng-to maintain him3ew by gaming or other
. I ' I
undue means.
When he does this, it becomes lawful for any
justice, on due proof made, to issue a warrant
for him. When brought before the justice, ne xei any man or womin "presume to aeai,
is required to give security for his good beha- however ignorantly, with one of the white ser
vior. " And this is all he is required to do. If vants of these lordlings, who buy their white
he gives it, he is discharged, paying neither fellow-citizens, when too poor to pay fine and
fines nor costs. If he neglects or- refuses, then' fees ; and if .he or she so presumes, without the
he is to he committed to iail for any time not master's leave, they are to pay fourfold to the
exceeding ten days, "at the expiration of which master, and forfeit twenty, dollars to the inform
timejie shall be set at liberty, if nothing crimin- er ; and .if too poor to pay it, are. to receive at
al appear against him paying the charges ol
his imprisonment." Then, if he is again guilty
of the like offence after twenty days, he shall be
deemed a vagrant, and be subject to one month's
imprisonment with the costs, "which it he ne- We should like to know ll our colleagues
crjects or refuses to pay, he may- be continued in think this "a law that no honest man need com
nrison until the next court of the county, which plain ol," and if they can find a law of North
mav nroceed to trv the said offender, and if found
gUjjty jjy a verdict of a jury of good and lawful
men sajj court may proceed to hire the offender
time not exceeding the spare of six
mon'hs, to make satisfaction for all costs. '
Then comes the part of the law the gentlemen
remember so well : if he be of ill fame and can-
not be hired out, then he is to be whipped.
So that, by this law, no man can be thus pun-
ished only for living idle and disorderly ; he l
must be a vagrant, living by gaming or other
undue means. Nor are they unconvicted. At-
ter refusing or neglecting to give security for
their good behavior, they fire jo De commmeu
l- . A Than il an-iiin mil IT. nftlO De
I J . .
deemed a vasrrant.andbe commiltea lora monm
and then, il he neglects or retuses 10 pay me
costs, is to be continued in prison till the court
. ft. a . rMn nir a
--. -- - , rnrfrnnn Lt. ,u
i - - - . -
gentlemen, tnus noenng me iusul.uuiis vi
own State, must precede the hiring out or the
whipping. . ;
And on whom out tne lniamqus ouicatis
" .v.l C A -.4 A
society, vagrants, ana common nius.iucro, -uu.uaonenceSt DV imprisoning, nnes, ana costs, po
this punishment fail f Ana now uoes ncoinpiic
with the Indiana law, "by which honest men and
rood neighbors, commuting ho offence mvolv-
inor moral lurpitude, but guilty oi assaun or oiu-
f.r npitv violation of law. were to be. sold for an
y J . j
unlimited lime, ir too poor 10 pay wieir unw
l costs. -ana wunaui inai uvjuiy, iu ".r
our law, even infamous vagrants were entitled)
to be whipped, if .thev absconded, with thirty-
ninp si nnes I
Such laws as this -of our State ior tne punisn-
I . r .t
ment nnd restraint of vagrants, are to be found
everv where, and no honest man, however poor.
can suffer Irom them, tsul ynere, in wnaioimc
k onnntrv whii'h nretenda to he. free, can a law
k rmmH lilo this n ni iflnn lor selling anu
whipping free white citizens, who have been
convicted of the triflinsr offences that are pun-,
iahnhlis nnlwliv the navmentof fines and costs.
because they are too poor to pay them?
- j. -j . r j - .
Wo fnarl irl in nnr rnmments unon this
law.
I
iht these imfnrtnnate nauners misht be sold to
VI V fttV v-
a free neoro. According to . this law tney cer-
- . ... . t
tainly might, for it says they may be sola "to
anyperson or persons who win " 7,u
1 1 ft.nMMyA
fine and costs. " We supposed, ioereii-,
this law was like the one in Ohio, and tnat iree
mieht he the
rurchasers. we naa
never nearu, anu it.nev ui unv.
,,. s however, have found one, and they
never neard, ana Knew
i
rtf nn mher Jaw. uur
K -
thmlr ns mnh tn hlime that We did not nnO 11,
Koonea ; w in tho sampKnnli." We now aa-
mit that there is a law prohibiting free negroes
frnm hpmr th nnrrhasers bf these White per
? r- . ; . .u u -
sons, it is in a suoseaueni pan oi
nnrl we nrprp not bound ta read the whole book
to see if there was anv other law aliering.the
n isions f lhe one we were examining,
I lil J lOIUlia U I blAC UtIC s r,viw - a-
VVe iherefare agree, that after passing this
law authorizme: the sale to "any persau u.
i snns. it was lortunaieiv laousui ini "
I ,.. r ., .1 t-. na I j lYl it 1
.a.oihln mnnt to allow free rregroes to
be their Durchasers: and" we thinic k sirange,
. a aM .u. noor creatures was
thus reconsidered, some further mitigation had
not been thought reasonable. But tms was so
far frotn being the case, that this very law to
which our Colleagues have referred us, while it
prohibits free negroes from buying them, places
them under new restraints and punishments, so
cruel and intolerable aar & make this law, also
approved by General Harrison, a rk companion
for the one we have reprehended!
By the thirteenth section, if one.of these ser
vants, (and let it be remembered that honest per
sons, -if poor, may be made servants; and for an
indefinite time, in the opinion of the court,) if
they cannot pay these fines arid" costs, stall
be found ten miles from the tenement of hi3
master without a pass, he may be carried be
fore a justice, and be "by his order punished
with stripes, not exceeding thirty-five, at hisJ
discretion."
By the fourteenth, Section,' if he goes to the
dwelling 'house or plantation of any person
whatever, without leave from his owner, "it
shall be lawful for the owner of such planta
tion or dwelling house," (we presume even if
such owner be a free negro, unless .some oth
er law . restricting these irenefal expressions
be found.) "to give or order such slave or ser
vant ten lashes, on his or her bare back."
The eleventh section enacts, that "in all
cases of penal laws, where free persons, are
punishable by fine, servants shall be punished
by whipping, after the rate of twenty lashes
for every eight dollars."
Our colleagues are welcome to all the proofs
they can gather from these provisions, of-Gen
eral Harrison s humanity and kindness to the
Poor
We thmk the condition of those ser
will be considered hard enough, under
vants
l f.- ft ! iT
sucn a sjstem ot laws, although they were
not liable to be sold to free neroes.
The tenth section of this law deserves a re
mark: this punishes the persons who "shall
buy, sellor receive of, to, or from, any ser
vant, any coin or -commodity whalspever, with
out the leave or consent of the master or
owner of such servant; arto1 if any person shall
presume to deal with any servant, without
such lease or consenJ, he or she so offending
shall forfeit and pay to the master or owner
of such servant four times the value of the
thing so bought, sold, or received, &c. and
shall also forfeit and pay the further sum' of
twenty dollars to any person who will sue
for the same, or receive on his or her bare
I I 1 I 1 I . I
duck uiiny-nme nsnes, wen. iaia on, at me
public whipping post; but shall nevertheless
bo liable to pay the cost of said suit.'
Here, then, is another law of General
Har-
1.1 a. r
rison s, ana we than(c our colleagues ior. re-
lerrmg us to it, wnscn ntrirds another sample
of his commiseration for the poor, and shows
his sympathies are with the rich.
the public whipping post thrrty-nme lashes on
his or her bare back, well laid on ; and then they
are further to be liable to pay the costs of such
suit.
Carolina any thing like this. So much for these
Indiana laws. We have been particular on this
topic, because we wished to justify ourselves
from a charge most wantonly brought against
us, and to make good our retort ot it upon our
censors. We need not touch upon the other ac-
cusations against us, alter this exposition, at
much length
s to the Ohio law, it speaks for itself. It is
Qf the same character, and breathes throughout
,he fame spirit sympathy for the rich, severity
for the poor for the one, the 17th section ol
I this law, before quoted, provides impunity, to be
purchased by their money for the other, public
li to., sf nn 1 .. I ...... .. .
' . - . .
Wi 1 it be nrtended that th s aw a so was in
tended lor horse thieves, . and other infamous
criminal, specified by our colleagues, and not
namnus crimes enumeratea in tnis puoticauon,
nol w;th fines and costs, b t with confinement in
tne penitentiary;, ivna mese laws punish as
I 1 m .
saults, destroying iruit trees, and other lesser
tnat tlus J;iW minitesily applies to these latter
offences only. The sale it authorizes is of "any
persoh" imprisoned, or under execution "for the
non-payment ol a hne, or costs, or both. Costs
are clerks', sheriffs' 'and lawvers Zees. For these.
' ' J - . .
thereiore ior these (ees the man may be sold.
v nen u was unuer consiaeration u was ais
it
cussed. General Harrison was aware, when he
voted "for it. of the .objections to it. It was al
leged to be applicable to cases of assault; it was
shown by Governor Lucas, then in the Senate,
how it might apply to an old Revolutionary
soldier who, upon sudden provocation, might
commit an assault, for which he might be sold,
and a free negro might buy himl General Har
rison denied none of this, but voted for retain?
ing the section; and all this was true, tor it is
not pretended that there was any other Liw of
Ohio prohibiting free negroes from purchasing
at such sales. So that, under this section, if
General Harrison could have carried it, an hon-
est good neighbor man might undoubtedly have
I I . I J . . I t I .
oeen soig, as we assenea, ana a iree negro mignt
have bought him
Where then is the misrepresentation as to this
. a aa
law? .With us or our colleagues? They say
..a poor man cquJ not suffer by this law." We
say he could. I hey nilege we have not publish
ed the 37th section of another act to which this
section refers. This is true: and why should
we? for it does not affect the charge. We could
not have-meant to conceal it; for we published
ltQ pa3Sage, jn the Journal referring to this 37th
section, and were not aware that any ingenuity
could make any thing out of it in the shape ofan
excuse for this' vote of General Harrison ; and
now that our colleagues have published it, how
A n iliAtr nvnfan1 iKot it olTtivta ika cnntlnn fnr
I fcllV Jlc;iIIV4 Vital It UllUkO o bliuil IWI
which General Harrison voted ? It provides that
wnen u is maue 10 appear i iue Bausmciiuu ui
- I , V n n t. n f nrr rr loomnupa that a nurcnn , mnvisnn
iubwuuii luiuiMiMnmisiuum i . ui ivu
ed for a fine and costs . cannot pav them, thev
may order nis aissnarge. lnis oniy maaeu ais
cretionarvon thecommtssionersthev may dts
charge : butalthough satisfied the man could not
pay, they may not discharge j ana tne section we
VOK VI-.-; NO. 299.
T HKS E Vt LARS P'E R' AN N WM
. - -' . ' ' ; ted
quoted", and tot which General Harristwl vOjoW
only says' this: discharge under this 37th seet
shall not be prevented By this act ; still leaving . ,c
discretionary. They mty discharge ; and therr
adds these words: "if it shall be considered ex
pedient to grant auch discharge.- Ifow xye-are'
at a loss to see how this affects the section so .as
to excuse General Harrison for voting for. tt.
The man who does not pay his fine and fees, it
shall be lawful for the sheriff to sell. Bait he'
county coram tssioner, if eatrshed that necannor
pay, may discharge him 'ii it shall oe consider
ed expedient." All we. said wa, .that a man v
might be sold under this law if unable to pay -
fine and fees : and is it not plain that he could be 7
It is true the county commissioner, u sausnea m
his inability, may discharge him if it shall b
eonsidered expedient;-, but it is also true that
though satisfied of his inability, they may not'
consider it expedient;- and may not discharge
nim Ana lstnis a proper suureci ioe saie oir
ree whiteckizen, whose inability to pay is found1
to be leit to a commissioner as a question ol ex-'
pediency ? We should have thought no one could
be found who would not say that if the man was
poor and could not pay, he oughttp be discharged
absolutely. But General Harrison thought'
otherwise, and our colleagues think with him,,
that expediency is to determine whether he shall'
be discharged or sold, i hese gentlemen are lor
high doctrines and strong powers. The people
, ... i i i . i
are not to, have tneir ngtvs-secureu aosoiuieiy.
Those .who govern must "have a discretionary
authority to give or withhold their rights, a
they may. see fit. This will make the people'
submissive. and obedient; the poor will be hum-"
ble and submissive to the rich, and vote as they
please when they are made to depend upon .them.
And rulers, and judgesand commissioners-will
be obeyed and res.per.ted, when.they can order
man, who is proved to be-poor, either to be dis
charged or sold, to be free or have a master, a
they may consider it expedient. We cannot be--lieve
that our colleagues have done much good
to their cause, or their candidate, or themselves.
by referring you to this section, and claiming
the right thus to dispose of their fellow-citizens-as
slaves according to expediency. They have
betrayed their principles-: ond the people will
understand how they are to be governed, if the
party which ndvoenres ibis sort of legislation
shall be trusted with the power tkey. are seek-
insr. It is on this account that the exposition of
this subject becomes interesting and important
We shall therefore follow it a little.further, and
take some notice of the li tter of General Ifarris-
on himself on this subject, which the publication;
of our colleagues quotes, with commendation ;
and shall justify, from this letter alone, all vye
have Slid of these l iws and of the principles- of
those who advocate then.
In the first place, we see the same unfair effbrf
to evade this charge, and to misrepresent, the
effect and intention of the act. He says it was
not intended to be applied to unfortunate debtors.
but to infamous- offenders ; and he gives a
detail of amendments to the penitentiary " law.
changing the punishment for thefts jjnder fifty
dollars, "as if these were. the infamons offenders
for whom this law was intended.- We . have
already exposed this! It is untrue thaJflhe la w
intended "for mlamous offenders, persons
, r I J .1 - - "I .
convicted or assaults ana otner similar trans
gressions, are not infamous." And General
Harrison knew the law applied to them. It was
so shown in the debate on it, and General Har
rison did not deny it.
So the letter cavils as our colleagues do about
the terms used in this charge against him. It
repels the accusation of his having voted for a
aw to sell white people lor debt. He'is quite
indignant that he should be. charged with such a
thing. Strictly speaking these fines and feea far
which .they might be sold, are perhaps not
properly debts, though as it is something which
a man owes, and is obliged to pay, it is pretty
much the same, thing as a debt, and may have
been so spoken of, without any substantial mis
take. We however, had not used this term.
We did not speak of dehts, but of fines and fees.
The letter admits that to sell debtors is "an abomi
nable principle," and that voting for such a law
ivould deserve "the execration- of every honest,
maa in society." Now we ask where is the differ
ence between selling a man for debt, and selling
him for a fine, and for clerks, and lawyer&lfees?
If the first is an "abominable principle:" what is
the other ? So that it cornea to this ; we charge
and prove that General. Harrison voted for a law
to sell poor white people for fines and fees; and
bis letter is held up to show that he was not for
selling them for debt ; no, that would be abomi-
naole." lo which we need only sav that
selling them for fines and fees was bad enough.
l he General thinks .otherwise, and proclaims
himself a great lover of the people, the friend of
he poor. He would not sell the poor creatures
for debt. He loves them too well for that : but
when they, have to pay fines and fees for an
ssault. then they may be struck off to the
highest maaer. Me aoes not love them well
enough to object to that. This lel(er seems to
onsider it quite a trifle to be sold nt auction, and
have a mnster ; and that the people ought to think
nothing of being thus exposed, and disposed of.
See what soft words he gives to the proceedings;
it is only. to "be transferred to the comfortable
mansion of some virtuous citizen," and they
ought to be glad of it.
See, ye poor white men and women ! what
ove General Harrison and his supporters have
for von ! what' kind provision they are willing
to make for your comfort I It is true you may
be sold at auction; but what of that I It will
be to a virtuous citizen, for the sale is to the
highest bidder, and the Tich will buy and they
of course are virtuous citizens. Then you will
be delivered over to your master, (the law does
not say you shall be tied,) and he will take you
to a comfortable mansion, not a log cabin, and his
admonitions will check your vicious propensities.
This is the way General Harrison thinks and
feels about the sale of a free citizen; & our col-
lea ges concur with him, .and think no honest
man need complain of it. 1
Fellow-citizens, does not uch language betray
the true principles of the men who are seeking to
conciliate your favor? Tt shows how they
undervalue your intelligence as men, and your
feelings as freemen. They know nothing otyou
They know nothing of the high spin'V. with"
which the honest laborer goes forth to his daily
toil, returnes to his rude fare and humble home,
and rejoicesjn the proud consciousness that what
he sees around him is bis own, and that there is
"none to make him afraid."
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