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(ISBN: 978-1-935707-89-9)
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Now, it may be said that there is no reason for this distinction; but
I claim that there is. And there is no man that can look upon this
crime, horrid as it is, diabolical as it is when committed by the white
man, and not say that such a crime committed by a negro upon a
white woman deserves, in the sense and judgment of the American
people, a different punishment from that inflicted upon the white
man. And yet the very purpose of this section, as I contend, is to
abolish or prevent the execution of laws making a distinction in
regard to the punishment.
But, further, it is said the negro race is weak and feeble; that they
are mere children—“wards of the Government.” In many instances it
might be just and proper to inflict a less punishment upon them for
certain crimes than upon men of intelligence and education, whose
motives may have been worse. It might be better for the community
to control them by milder and gentler means. If the judge sitting
upon the bench of the State court shall, in carrying out the law of the
State, inflict a higher penalty upon the white man than that which
attaches to the freedman, not that I suppose it is ever contemplated
to enforce that, yet it would be equally applicable, and the penalty
would be incurred by the judge in the same manner precisely.
But I proceed to the section I was about to remark upon when the
gentleman interrupted me. The marshals who may be employed to
execute warrants and precepts under this bill, as I have already
remarked, are offered a bribe for the execution of them. It creates
marshals in great numbers, and authorizes commissioners to appoint
almost anybody for that purpose, and it stimulates them by the offer
of a reward not given in the case of the arrest of persons guilty of any
other crime.
It goes further. It authorizes the President, when he is
apprehensive that some crime of that sort may be committed, on
mere suspicion, mere information or statement that it is likely to be
committed, to take any judge from the bench or any marshal from
his office to the place where the crime is apprehended, for the
purpose of more efficiently and speedily carrying out the provisions
of the bill.
The gentleman from Pennsylvania (Mr. Thayer) tells us that it is
very remarkable that it should be claimed that this bill is intended to
create and continue a sort of military despotism over the people
where this law is to be executed. It seems to me nothing is plainer.
Where do we find any laws heretofore passed having no relation to
the negro in which such a provision as this tenth section is to be
found? Generally the marshal seeks by himself to execute this
warrant, and failing, he calls out his POSSE COMITATUS. But this bill
authorizes the use in the first instance of the Army and Navy by the
President for the purpose of executing such writs.
The gentlemen who advocate this bill are great sticklers for
equality, and insist that there shall be no distinction made on
account of race or color.
Why, sir, every provision of this bill carries upon its face the
distinction, and is calculated to perpetuate it forever as long as the
act shall be in force. Where did this measure originate but in the
recognition of the difference between races and colors? Does any one
pretend that this bill is intended to protect white men—to save them
from any wrongs which may be inflicted upon them by the negroes?
Not at all. It is introduced and pressed in the pretended interest of
the black man, and recognizes and virtually declares distinction
between race and color.