Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-07-22
in the same manner ~ slaves are now trird, a

punished ine Saaeflnt COM con han NJ 1htis
diclion 10 try hn and rusisl r'n 'nr 'h' Oh nc
because dcaih IL mo- Inc polielrcnl non xed Il
law to ,hnt crime But Iusncea of oyer an
lerninor are expressly vested ~ this oct with III
jurisdiction To Try, conviet. and PUNISH him,
| The construction which We give 10 tins aef, !
strcngthonedhv the language Of lie 10Th srtion q
the sama act Ivy In, section, receivers iron
slaves, &c of stolen GOODS. knuwlng thsm 10 h
stolen, shall be adlua.oi guilty 81 In cenyi an
punished IL he same manner aud TO the sumo or
'sht' ia # the receiver worn tho lhirt The It's
tlaturc here have lrawn the Distinction between In
manner aud the effcni of the punishment, III
Inference is that in anolha case whore they Inv
changed the manner of lhr punishment end AM
nothing about the ettni Of II, they do not moan ie
| change the punishment itself
| The question has been asked whether the coari'
Of oyer and termne, empowered hy thus aet Il
send iicancgroes aud mnliutoos to the re"'onta
liy Ii Is SAID thai they never br'nfr hNj that pow
"a IN any case as thai kind of punishment has ne
! yer boon inflicted en slaves. and tina net onl,
gives to the courts summoned Tor the TRIAL OF IRE
negroes, all the poae,S and incidents ot oo,,r
summoned or adjourned for III, trial Of n'slave ant
Il is contendcd that they neser had the power 10
| sond slave To the ponilcn,iary, SO now they
have not the power 10 send n iroc neg,o 10 Thai
p,Ison We do not adm, The correctness Of this
conclusion.
The powers oftho coats Of oyer 81 tcrm,ner ere,
10 compel the Attendance Of witnesses 10 hear The o
violence to hear counsel tooxpnund the law 10 urcidf
both on the law 3 fact 70 decade whchr The ACCUSED
be guilty or not ollho felony chnrscd on HIM lftley
find him not guilty they are to discharge and nc
qnt him. Ii they find HIM guilty, they are to Phn-
IN him that ~, not 10 net the ministerial pnti III
ioniclng punishment but 10 pronounce the sen
'cnco Of the law thoy arc ~ pronounce oon clare
tie punishment whatever il may be, which the INV
ailxus to that crlmr and to tie III" p,nprr"drfs
| Tor carrying that sentence into execution. Docs
the law say that the slave shall be hanged Tiny
shall pronounce that sentence, aud fix the day iof
the execution aud the, Judgment, mud oid1 shnll
! he the warrant to the shell for hls execution
Does the law declare TINT tho slave aha DO b'ii,'
! IN the hand " receive shipcs Tie cont renders
the Judgment and lives, the order 'nr carrying II
into effect. The present law, AFTER Giving 10 courts
of over aud icrminei the power totty, anu PUNISH
free negroes and muntoes for felony, debates '"r-
ther that they shall hive md exercise all the pow
crs and incidents Of n court summoned Tor tho INN
OF sla"cs. They shall have power If they find thom
no, guilty, to acqnt If they convict 'hen' To pro.
nounce the enlistment whntover IT mny be. tos.
copt death which the law aiiixes Ia the crne, anh
then to mako the pope, otdc,s Tor carrying thal
sentence into execution. II the law declares that
the Tree nero shall be punished by shp's or by
imprisonment Ia tho county Jail, or ny impfison
ment in the public iall and pGncn'iary house, ihls
act nuihurl7cs them III the one case "a "'' 90 Ii"
other n rrndos ,hr Judgment and make the proper
order 10 the shtrf u inflet the stripes, TO convey
him to The county jail or to convey him 70 'be'peb
he jail and pcnicnliary houas
IL tho case befofe us. the Circuit courtof Shen.
ondoah bad no jurisdiction 10 try 'be prisoner
We have therefore no hrshanoH tu aJft44f mn
directing that court h pftesi IT. judgment an ST
aside the verdict winch mas been ren'C'ed mi
"a order the prisoner labo satte1 before 81 6
Of the peace for The county oi ahanhn ''nh Who nay
proceed with his case de roro, and doal With Inn
according 10 law.
In this decision, Judges Broehcab~Drt, Paf,
hy. Tpstur. Nav, Loman and DNncan concur
Ju,leo Thompson dissrnts, being en.ilely salls.
fed that the net intended subject free negoes Ion
All loonics to the same punishment as slaves, ana
to the snmc trial in all such ~ fore justices OF
Over and Tcrnner except III homicld' nnh ~ IN
a,s wi here the punishment shall he death, by which
! he understands eases IN which the free nestoes
are punishable by death by the sa'd net IN Inc
excepted cases Of homlcdo, and all capital offences,
the act intended 10 glve md has gwen The hee
n.cro INC benefit of finl before The Circuit supc.
! nor Court
! Jld,e Yyolen nlso ssents from the decision, but
| for different reasons.
! The roliowitgis The judgment, OF thc General
/ Count, as entered GA the record
| " 1 his Cour Is Of opinion, and doh decide ha'
the circuu Snprrior Court OF Law 6pd Gtanee'p
| for the county Of Shenandoah had 30 Jutlecti"ii
/ 10 try tho said Nfmtoa UcidoR Tor the crime Of
Lo,..-.i. nny Wi,ll :. lne IL vas chitge1, Ia sd
r,,n, yghcif conariltcd by free negro or mila'to
/ moi bong punishable by death. bat by Inpiis"h
nent ~ th; public Iail aud pani'rntiary phs ana
| that for Tho SAID CRIME he coHd only h- 9i#l u
| the Justices of OYor ana Ttrm'nc. tin -.
county and the court - therefore CT "P'hi 10
| doth dc,idc haf tho Iud~in"nl !" "a sA' tasf
shalt b. AR s,ed the yer net sci nsljr, n the ~
.oncr be ordered by the sad coar % b. c'ft'e' D
! fore some justice in, and for tn. ''ld county o
dealt with according ioaw Wu'ch rs differed TO
be certified to the said CONT
~ CAsg,
rho commonwealth ! Al ado rnei case from
! rt tho Crcmt Superior Coufl
! ,vood.ou \ OF dAgnStG t0nntg
Tins WASH ease Of Btrgiaiy comm'pc1 by The
| prisoner 8 DO wus a free negro 4 verdict was r'h
c,cd AGAINST HIM "a motion was made 10 arrest the
! tndg,u,nt the Cifoult Count adjourned the ques
lion, and by t4la Court similar Judgment was en-
l,c,cI ia h.. ca5cI ~ intbat Of Wcldon's'
81 CASE.
The Commonwealth An ndjouroed case ffo"
apa,uA the Circuit superior Cour
William 8unke, >of AecooacA county.
This vas euse IN which verdict was fsn'le'
ed against the prisoner, II Tree "rs'o, Tor : ana iat
eeny over ,westy dollars, A sin'i'f Ja9gnien
was entered as the two first cases.
4th CASE.
Tasco Thompson ! Application for a writ o
against error 10 Johei'cn. VI III
rhc Commonwealth Circuit Superior Court
ffedrriek ca.
The petitioner free negro, was indicted. tnc'