seaman." I can see no good reason why the wife and children of the sailor who has perished in the forlorn hope perhaps, in the cause of all, should be deprived of the humble wages so dearly earned by their natural protector, and thus be compelled to feel a new deprivation added to their bereavement. In the proposed bill there is no such limitation.

Beyond this brief statement, I need not on this occasion add another word. Already Congress has shown a disposition to modify the rigorous Maritime Law in some of its provisions. In 1851 it made a change in the liability of ship-owners as common carriers. But this very liability originated, to a certain extent, in the same principles from which is derived the liability of the seamen, if they fail to bring the ship and cargo to port. Ship-owners and sailors were both treated as insurers. This was in the age of force, before the contract of insurance had spread its broad protection over commerce in every sea. The seaman should share this protection. He should be treated as not necessarily either pirate or coward.

In the discussions of the Senate on the proposed change in the liability of ship-owners, it was effectively urged by my immediate predecessor, a distinguished Senator from Massachusetts, the late Robert Rantoul, Jr., that, if the United States failed to adopt that measure, the other maritime nations would have an advantage in the carrying trade. It is equally true, that, unless we adopt the measure now proposed, Great Britain will have the advantage of us in the rate of seamen's wages; for, under her existing laws, the seaman can afford to work cheaper on board a British ship than under the American flag.

The measure now proposed is of direct importance to the hundred and fifty thousand seamen constituting the mercantile marine of the United States. It also concerns the million of men constituting the mercantile marine of the civilized world, any of whom, in the vicissitudes of the sea, may find themselves in American bottoms. I commend it as a measure of enlightened philanthropy, and also of simple justice.

I ask that the bill, having been read twice, be referred to the Committee on Commerce.

The motion was agreed to.

AGAINST CAPITAL PUNISHMENT.

LETTER TO A COMMITTEE OF THE MASSACHUSETTS Legislature, FEBRUARY 12, 1855.

DE

SENATE CHAMBER, February 12, 1855.

EAR SIR, In response to your inquiry, I beg leave to say, that I am happy in an opportunity to bear my testimony against Capital Punishment. My instincts were ever against it, and, from the time when, while yet a student of law, I read the classical report to the Legislature of Louisiana, by that illustrious jurist, Edward Livingston, I have been constantly glad to find my instincts confirmed by reason. Nothing of argu

ment or experience since has in any respect shaken the original and perpetual repugnance with which I have regarded it. Punishment is justly inflicted by human power, with a twofold purpose: first, for the protection of society, and, secondly, for the reformation of the offender. Now it seems to me clear, that, in our age and country, the taking of human life is not necessary to the protection of society, while it reduces the period of reformation to a narrow, fleeting span. If not necessary, it cannot come within the province of self-defence, and is unjustifiable.

It is sad to believe that much of the prejudice in favor of the gallows may be traced to three discreditable sources: first, the spirit of vengeance, which surely does not properly belong to man; secondly, unworthy

timidity, as if a powerful, civilized community would be in peril, if life were not sometimes taken by the government; and, thirdly, blind obedience to the traditions of another age. But rack, thumbscrew, wheel, iron crown, bed of steel, and every instrument of barbarous torture, now rejected with horror, were once upheld by the same spirit of vengeance, the same timidity, and the same tradition of another age.

I trust that the time is at hand, when Massachusetts, turning from the vindictive gallows, will provide a comprehensive system of punishment, which by just penalties and privations shall deter from guilt, and by just benevolence and care shall promote the reformation of its unhappy subjects. Then, and not till then, will our beloved Commonwealth imitate the Divine Justice, which desireth not the death of a sinner, but rather that he may turn from his wickedness and live."

Believe me, dear Sir, very faithfully yours,

TO THE CHAIRMAN OF THE COMMITTEE.

CHARLES SUMNER.

THE DEMANDS OF FREEDOM:

REPEAL OF THE FUGITIVE SLAVE ACT.

SPEECH IN THE SENATE AGAINST MR. TOUCEY'S BILL, AND FOR THE REPEAL OF THE FUGITIVE SLAVE ACT, FEBRUARY 23, 1855.

ON the 23d of February, 1855, on motion of Mr. Toucey, of Connecticut, the Senate proceeded to the consideration of "a bill to protect officers and other persons acting under the authority of the United States," by which it was provided that "suits commenced or pending in any State Court against any officer of the United States, or other person, for or on account of any act done under any law of the United States, or under color thereof, or for or on account of any right, authority, claim, or title set up by such officer or other person, under any law of the United States," should be removed for trial to the Circuit Court of the United States. It was seen at once that under these words an attempt was made to oust the State Courts of cases arising from trespasses and damages under the Fugitive Slave Act; and the bill was pressed, as everything for Slavery was always pressed, even on Friday, to the exclusion of the private claims to which that day was devoted under the rules of the Senate. A debate commenced, which was continued with much animation and feeling late into the night.

Mr. Sumner seized this opportunity to urge again his proposition to repeal the Fugitive Slave Act. Just before the final question, he took the floor and spoke as follows.

MR.

R. PRESIDENT, - On a former occasion, as Slavery was about to clutch one of its triumphs, I rose to make my final opposition at midnight. It is now the same hour. Slavery is pressing again for its accustomed victory, which I undertake again for the moment. to arrest. It is hardly an accidental conjunction which constantly brings Slavery and midnight together.

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