^^ °^ * • « « AV ^ V ^ > v*<$S&V .^ *«. v-WV . v A '^0 •V d»*OiSr.% „-> 4 \^.%V <**.ii&.*° >•. **rtf ^V I '•, ^O » ^ /% O 4 * .•*'_•♦ +o ^cF \3 *o . . * A V> V v ... r oV CHARGE AGAINST GENERAL HARRISON FOR VOTING TO SELL WHITE MEN FOR DEBT. SPEECH MR. MASON, OF OHIO, THE GENERAL APPROPRIATION BILL. Delivered in Committee of the Whole in the House of Representatives, April 24, 1840. Mr. Chairman: In the discussion of the bill now under consideration, I wish to call the attention of the committee to that clause of the first section which relates to the charge " That General Harrison voted to sell white men for debt." ' And, sir, if you should not, after examination, find the charge specifically pro- vided for in the bill, you may see it, with all its variations, in the printed speeches •of several gentlemen who have preceded me in the debate. It is, however, with a feeling akin to that of humiliation, that I find myself engaged in defending a distinguished statesman and virtuous citizen, against an oft-refuted and most wan- ton calumny. Nor would I have consented now to notice it, but for the persever- ing industry with which the enemies of that individual continue to urge the charge in certain quarters of the Union, and especially in Maryland, Virginia, and North Carolina. In the manufacture of this story, its authors evidently desired to combine truth and falsehood in such proportions as to secure for it some degree cf currency, with- out, at the same time, subjecting themselves to the charge of wilful misrepresen- tation. And it must be admitted, that their effort has not proved entirely unsuc- cessful. But the inventors and propagators of the fraud, cannot escape the con- demnation that awaits the guilty. This charge had its origin in a vote that Gen- eral Harrison gave, as a member of the Senate of Ohio, in January, 1821. The journal of that session is now before me. But, before proceeding further, allow me to say that this charge was fabricated and thrown into circulation in 1836, when General Harrison was first a candidate for the Presidency. It emanated from the friends of Mr. Van Buren in that State, and from men, too, who had doabtless searched the journal with patient diligence, in the patriotic hope that its dusty pages might furnish them with materials for accusation against one of the purest men of the age. And what did they find to reward their industry 1 They did not find what they said they did— a vote authorizing the sale of white men for debt; but they found a vote that was susceptible of misrepresentation, and, therefore, well suited to their purpose. Now, sir, what opinion did these accusers of General Harrison entertain in regard to his vote, as found recorded on the journal? Did they honestly believe it was not justified by the circumstances under which it was given 1 Did they believe it was indefensible, and that it would render him justly obnoxious to censure ? If such had been their real conviction, then why, with the journal before them, did they bring a false charge 1 Why, if thev believed the vote was incontestably wrong in principle, or mischievous in policy, did they not go before the public with a true statement of the case, and rely on these objections ? Think you they would have resorted to garbling and falsification, if they had believed that a trite statement could have been made as :H useful to their cause as a falsehood? Tim supposition would make them sin without temptation, and practise wickedness without any motive. Few men can be found, I imagine, depraved enough to utter a deliberate falsehood, in a case where the truth would answer their purpose just as well, or even better. From all which, I am brought to this practical conclusion, mimely, that people residing out of thy State of Ohio may well believe that there is nothing very objection- able in the vote of General Harrison, which his opponents, in the State, have ad- mitted, by their resorting to acts of misrepresentation, that they could not success- fully assail with the weapons of truth. In regard to the estimation in which this charge is held by the people of Ohio, consisting of men of all parties, and especially by those who have been most no- torious for their zeal in propagating it, I shall have something to say hereafter. Sir, I wish now to call your attention to the vote of General Harrison, and the circumstances under which it was given. The attention of the Legislature of Ohio, during its session of 1820-'21, was anxiously directed to the consideration of some plan for the relief of the people, then suffering under a degree of distress and embarrassment unexampled in the history of that State. With a currency depreciated and deranged, the financial resources of the State crippled, and a Treasury exhausted, the people loudly complained of the almost intolerable bur- den of taxation; they demanded retrenchment and reform in the expenses inci- dent to the administration of the criminal laws of the country. In this posture of public affairs, with a gradually increasing expenditure for the prosecution and punishment of offenders, and a penitentiary crowded with convicts, that had be- come an annual charge on the Treasury, the Legislature assembled, and un- dertook to provide a remedy for the grievances complained of, by instituting a revision of the entire criminal code of the State. The task was one of great difficulty and labor; but it was accomplished with as much success as was attain- able in the then condition of the country. The great object in view was to di- minish the public expenditures, in criminal cases, by reducing them to the lowest point consistent with the ends proposed to be secured by the due and proper ad- ministration of punitive justice. To effect this, the House of Representatives passed a bill entitled, " An act supplementary to the act for the punish7ticnt of certain offences therein named;'''' and sent it to the Senate for concurrence. Several new provisions were introduced into this bill. By it, certain offences which had before been punished by imprisonment in the penitentiary, were made punishable by fine and imprisonment in the county jails. Jurisdiction of assaults and batteries in certain specified cases, was conferred on justices of the peace, with power to impose a fine if the accused should plead guilty ; and persons committing assaults and batteries were authorized to do, what was an offer at common law, namely, to " agree, compromise, or settle with the party injured ;" and then all further proceedings were to cease. Also, grand juries were prohib- ited from finding an indictment for an assault and battery, " unless the party ac- cused had been duly recognised to appear in court and answer such prosecution." And, in restraint of frivolous or vexatious prosecutions for offences below the grade of felony, " the name of the prosecutor" was required to be endorsed on the bill of indictment, and he was made "liable for the costs" in case the accused should be acquitted, " unless the court should be of opinion that there was rea- sonable ground for instituting the prosecution." In addition to these various provisions, having the same object in view, the bill from the House contained several sections intended to render more effectual the means provided by existing laws for the collection of fines and the costs of con- viction, and to relieve the counties from the onerous charge of supporting the offenders in prison, by affording them an opportunity, if they desired it, but if not, by compelling them to labor, like the rest of the community, for their own maintenance. The 16th and 17th sections of the bill, as it passed the Senate, are as follows : " Sec. 16. That every person adjudged or sentenced to pay a fine lor any offence specified in this act, or the act to which this is supplementary, may discharge such fine by labor on the high- ways of the township in which he resides; and every court or justice upon pronouncing judg- ment for the payment of a fine, shall specify, and make an order setting out within what period of time, and at what rate of daily wages, the fine may be thus discharged, and upon what road or roads the labor shall be performed, and execution may be staid upon security, or otherwise, to give time for the performance of such labor. The certificate of the supervisor of the proper district shall be evidence, that the whole or any part of the labor has been performed, and if the whole labor is not performed within the time prescribed, the party shall nevertheless have credit for the amount of labor actually performed ; and it such labor shall not be performed with- in the time limited, it shall be the duty of the clerk to issue an execution (without a precipe filed) for the fine and costs. "Sec. 17. That all persons convicted of any offences specified in this act, or in the act to which this is supplementary, and sentenced to imprisonment, may, during such imprisonment, be put at hard labor in such manner as any two judges of the court of common pleas may direct, and, for the performance of such labor, may be taken from the jail, and so secured as to prevent an escape, and the produce of such labor shall be paid into the county treasury." Section 19 contained the proposition which lias acquired so much unmerited notoriety in the party conflicts of the day, and concerning which there has been so much malignant misrepresentation. Here it is, in all its terrifying and stupen- dous proportions, as I find it recorded on the Journal that I hold in my hand. Listen while I read from that Journal a short extract : Mr. Fithiax then moved to strike out. the 19th section of said bill as follows: " Be it further enacted, That when any person shall be imprisoned, either upon execution or otherwise, for the non-payment of a fine or costs, or both, it shall be lawful for the sheriff of the county to sell out such person as a servant to any person within this State, who will pay the whole amount due, for the shortest period of service; of which sale public notice shall be given at least ten days ; and upon such sale being effected the sheriff shall give to the purchaser a cer- tificate thereof and deliver over the prisoner to him, from which time the relation between such purchaser and the prisoner, shall be that of master and servant, until the time of service expires, and for injuries done by either, remedy shall be had in the same manner as is or may be pro- vided by law in case of master and apprentice. But nothing herein contained shall be construed to prevent persons being discharged from imprisonment according to the provisions of the 37th section of the act to which this is supplementary, if it shall be considered expedient to grant such discharge: Provided, That the court, in pronouncing upon any person or persons convicted un- der this act or the act to which this is supplementary, may direct such person or persons to be detained in prison until the fine be paid, or the person or persons otherwise disposed of agreeably to the provisions of this act. " Which motion was decided in the affirmative: Yeas 20, nays 12. And the yeas and nays being required, those who voted in the affirmative were — " Messrs. Beasly, Brown, Fithian, Gass, He iton, Jennings, Lucas, Matthews, McLaughlin, McMillan, Necomb, Robb, Russell, Scofield, Shelby, Spencer, Stone, Swearingeii, Thompson, and Womeldorf— 20. " Those who voted in the negative were — "Messrs. Baldwin, Cole, Foos, Foster, Hakiusox, McLean, Ozwalt, Pollock, Kuggles, Roberts, Wheeler, and Speaker — 12." Sir, I have seen the words " master and servant," as employed in this section, dressed out in staring capitals and placed in the foreground of the picture, that they might attract all" eves by having assigned to them a sort of guilty prominency. And what was the object of so shallow a device 1 It was doubtless to create an impression that this provision was intended to reduce white men to the condition of negro slaves; notwithstanding the section itself carries on its face an express declaration that their condition was to be that of hundreds, not to say thousands, of other white persons in the Slate, who had been or might be put to service ac- cording to the provisions of existing law. Who does not know that the relation of" master and servant," as proposed to be established by this section, is a relation as ancient and as well regulated as that of any other recognised in civil society? To go no further back, it was known to, and regulated by the common law ; and it has been sanctioned and auarded with anxious care by the legislation of every Slate in the Union, and by none with more parental solicitude for the rights of the servant, than in the State of Ohio. It will he observed that the section in question provides that " for injuries done by either [master or servant] remedy shall be had in the same manner as is or may be provided by law in case of master and apprentice." What that remedy was may be seen by any one who will take the trouble to consult Chase's Statutes vol. 1, pp. 535-'6, in the Library of Congress, where they will find "An act concerning apprentices and servants," passed January 27, 1806, which continued in force till repealed by another act on the same subject, in 1824. Authority was given by the first section of this act, to " overseers of the poor, by and with the consent of a justice of the peace, and, also, to" parents and guar- dians," to put out any child as an apprentice or servant.'''' And as the second section provides a remedy for the apprentice or servant in case of ill treatment, and as it is the same remedy that a convict sold out by the sheriff would be en- tilled to have against the purchaser of his services for any abuse, I beg leave to read it as follows : " Sec. 2. That if any master or mistress shall be guilty of any misusage, refusal of necessary provision or clothing, cruelty, or other ill treatment, so that said apprentice or servant shall have just cause to complain ,■ or the said apprentice or servant be guilty of any misdemeanor, or ill behavior, or do not perform his or her duty to his or her master or mistress, then the said mester or mistress, apprentice or servant, having just cause of complaint, may repair to any justice of the peace in the township, who shall, upon the application by either, issue his warrant or summons, for bringing the said master or mistress, apprentice or servant, before him, and take such order or direction between the said master or mistress, apprentice or servant, as the equity and justice of the case shall require." A reference to the act just quoted seemed to be necessary to prove two things very intimately connected with the charge against General Harrison. First, that the terms " master and servant," which have been made to figure alternately in italics and large capitals, by way of intimation that they concealed some mysteri- ous or dangerous design, are at last very innocent words, and quite familiar to the statutes of my State, from the earliest period of its legislation down to the present time. And, secondly, that prisoners who might be sold by the sheriff, were amply secured against ill treatment, by the humane provisions of that act. But, sir, this is not all ; there was another provision in the 19th section of the bill, by which the benefits secured to insolvent prisoners, by the 37th section of the original act, were expressly reserved. In the "act for the punishment of certain offences therein specified," passed February 11, 1815, (See Chase's Statutes, 2 vol., pages 893-4-5-6-7,) you will find the 37th section here referred to, and which is as follows : "Sec. 37. That when any person shall be confined in jail for the payment of any fine and costs that may be inflicted agreeably to the provisions of this act, the county commissioners may, if it be made to appear to their satisfaction that the person so confined cannot pay such fine and costs, order the sheriff or jailer of such county to discharge such person fiom imprisonment ; and the sheriff or jailer, upon receiving such order in writing, shall discharge such person accordingly : Provided, That the commissioners may at any time thereafter, order and cause to be issued an execution against the body, lands, goods, or chattels of the person so discharged from imprison- ment, for the amount of such fine and costs." It will be observed by the curious student of our penal code, that the punish- ment prescribed for the various offences, defined in the original and supplement- ary acts, such as theft, burglary, bribery, malicious mischief, riots, assaults, bat- teries, attempts to corrupt jurors, but to deliver it over to the indignant scorn and contempt of an honest and gen erous people. [The residue of Mr. Mason's speech, being on other topics, will hereafter b* reported.] •*< 14® -o . * « A <* .*..•.-■ '. \» . * • !••» * V «0 » « • •* V ^1- •. %../ .-isse*. %.*+ :l