Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-05


ter part OF the section, lie words :" and
if death ensues on either side those who
are concerned in support of the civil au-
thority, shall be justified, aud those en-
gagged in resisting shall be punished as in
cases of homicide committed in resisting
a civil officcr,' wished to know what the
punishment should be, 20 he did not reLol-
lecl that Congress had heretofore ever
made any law on this point, or perhaps it
Nas intended to be punished under the
state laws where the cases should arise
in the latter mode the Punishment would
not be equal, for some states punish this
offence w!th more severity, others more
mildly. a, this was penal law he lho't
that great precision was cxpedient, so IS
TO leave as ,iltle latitude as possible for
construction.
Mr.. Nicholson remarked that Homicide
committed in resisting civil officer did
not stand IN their statute book but the
law oil 1889, defining crimes and puEish-
ments in the exclusive territory Of The u
nj ed States, lis forts and arsenals, made
provision for Furnishing mansIaughter; he
would agree to strike oul the first and in
scrt the last, and then the pun;sLmens
species, viz. three years i'm ,rlscmmeni and
o thousand collars fue.
MIR. Nelson was sorry TO differ rom his
colleague (Mr. N or This point, bot he
could not view the tg.fng punishment OF
fine and imprisonment any wise adequate
to the crime Shall The murder OF ycur
Officer in the execution OF the duties Of
his Office be COMMITTED for ine and I'M
prisonmeut ?-You fine your militia officer
5000 dollars for not going upon tins sc. v &C
and the man no Kills him in resisting
your process IS fined 1000 dollars and inn
prisoned for thee years. should GER
taiHIy recommend something rnare COM
mehsurajo 20 Inc offence.
/ MI. marked that Homicide,
! happening in Resisting civil officer, was
not considered in the bill d, murder; of
( course tae punishment OF death was noe
(he proper one, whether lhree years in
! prlsOnment and loco dollars E,te was ex-
ac,iy what the punishment Ought to be, c
! wot.'d MOI undertake 10 say. hat howe
yer is the punishment 10 b. ii licled on
our own c.tzsns upon the Commission of
manslaughter. But gentlemen shtulG re-
member that !ine and Imprisonment is lot
che only puma hmcnt 10 which such criiH-
mails would be iiable-upon .heir arrest
they are delivered over TO Je dcalt with c.
cording TO law. lie should nave had no
/ objection TO let the punishment remain is
! it stood under The several s,a,es, Lut that
J he cons dered thy were in u considsr.-
bic degree unequal. The punishment; in
Maryland was different iom that in New
/ York he believed, bat he was certain that
it was milder in Pennsylvania. The pu-
nishmen, by death might Cc!eat the OBJ
Jecl oi jusIce; il being more than the Of
fence deserved, Jurics would be inclined
TO mercy and aCquit the criminal, in or
der 10 avoid takin; his life upon their COM
sciences. Liberty being one of the most
desirable things on earth tends in some
=. degree to Justify, ana if not 10 justify, at
least diminish The offence, as rowing from
the principle of seli.deience.
Mr.. Nelson would briefly state the case,
and then ne trusted his worldly friend
would be of his opinion. They seemed
TO differ more about words than things.
A'anslaughier vas hasiy killing upon
sudden afiray this, it is true, was never
punished with death, either here or in En-
gland but murder was deliberate killing
with malice prepenss, AID 10 case such
killing takes place in demanding an Offend
CT from on board an armed vessel and
murder excuses, surely the party ought to
suffer the punishment Ola murderer. The
crime Of murder is not defined in any Of
the United States statutes; neither in Ma
! ryiaud, nor perhaps in The laws Of aBy state
in the Union how then aic we 10 come
at the description Of this offence, or disiin.
guish il from manslaughler, but by re-
ference to The common and statute laws
of Nc and, from which We have borrow
cd all our legal definitions. Look into an
/ the elementary writers ON criminal law,
aud you will End that the crime Of murder
is aggravated when q civil oGiccris Killed
in the execution Of his official duties by =
person maliciously opposing the course Of
legal jurisdiction, and as a punishment he
j. deprived Of life, as person unworthy
Of beng any longer member Of society,
and the clause in Tie BIZ conlcmpia;es The
apportion.ng OF the punishment, 10 this
description % homicide nanslauEh;er. or