Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-07-16

in the that slaves are tried convicted and
punished; and thirdly, because from the no
Judgment ought be rendered against prisoner The
Circuit Court adjourned this Court Tor its advice aud
decision the question, what Judgment should DO render
ell in the case.
We have rarely with any law which has given rise
10 greater diversity Of opinion than the short section,
which this case, and with H. tie ivs OF this prisoner de-
pends The counsel who have argued il have each gi
ven very lucid view of his own cou, and the
Court on the mos, serious consideration have to
conclusion different from that of both vi them.
The question depends the eleventh section of the
passed IN ie session OF 1881, CHI %, r. %, which is in
these words: Free negrses aud uIatoes shall here
alter be- prosecuted, tried, convicted aud punished or
any felony by Justices Of aud Terminer in the
same manner as slaves ore now prosecuted, tried, con-
vcted and punished; and any Court summoned or adj
journed Tor such trial. shall have aud all the
powers, aud Incidents of Court adjourned
or 'ne VIA, ., save except that IN eases OF homicide
and IN cases where the punishment shall be DEATH the
mode oil trial shall remain As heretofore"
hat Is the meaning OF the first clause OF this seclion'
ihey shall be punished ia the same slaves"
Does mean that the negro shalt be punished to the
same erient-o the degreehat the slave is pun
shed Heretofore, by former laws plainly written the
save guii'y OF Horse stealing was punished with death
without benehtc of clergy; the iree negro by
IN the public jail and peneniary house. The diff.
terence exists as 10 Burglary, Robbery Forgery and
long list OF crimes We do think that is consistent
win the settled rules Of appca bic penal
statutes aud particularly to statutes the subject
pita elonies 10 consrue this aboising former
laws, and substituting death the punsh,ent, for
prisonnent by the mere declaration, that the manner
OF punishment of the free negro shall be the same the
manner oil punishment OF the slave Penal statutes must
be construed strictly and should all such cases bear
IN mud the precedent set in the construction of statute
OF George the Second, by the Courts in England. BY
mat law, the stealing OF sheep or other cuttie'
made felony without benefit OF clergy. But tho general
words, cor other cattle, being looked upon as much too
loose 10 create capital offence, the held OK
tend TO nothing but the stealing OF sheep. And in this
case we are OF opinion that to understand the man.
ner as meaning extent, degree, would be to con-
strue the statute strictly, but give il forced construc
uon oy which the severity OF the punishment would be
much increased. IL the legislature intended To declare
nj nj
shall be the hereafter has been heretofore lc,
ca on slaves Tor the elonies they would probably
nave ussd words appropriate TO that idea. They would
not nave said that the manner of punishment shall be the
same but that the punishment itself shall be the same
may De proper TO depart from the letter of penal statute
where such departure would be favorable life or Ii.
berry, bu, lot where it takes them away
lie. US men endeavor TO understand the provisions Of
"s statute heretofore, Courts OF Oyer and Termner,
consisting of Justices of the county aud corporation Courts
have had jurisdiction in oil slaves charged crimes
They authorised try slaves without the interyen.
non oil Jury, aud after having found them guilty, they
are required 10 render judgment ard pass sentence on
them. But Tree negroes have not been heretofore tiled
ana punished IN that manner. They have been tried by
Jnries before the Superior Courts, and have been sen.
fenced by those Courts The law annexes the penalty ON
cohvicn0n mat Is, 1t declares the quanum degree
OF punishment, attached 10 each criminal act which tho
Court alter The conviction merely pronounces This sta.
tute enacs that hereafter free groes and muattoes
not De uled and punished in that manner, but they
snail be tried by Justices Of Oyer aud Termner who
ai'er convcung, shall proceed to punish them that
is they shall proceed the penalty which ih
law ainSes 10 their crime Such is the manner i'm which
slaves have been heretofore tried convicted and
ana Tree negroes aud mulaoes shall hereafter be tried
convicted and punished in the manner that is by
courts oil oyer aud Teniner This the rule as TO leo.
MES generally; but there i'm the act which
U.s. ,a III cases oil homicide and in where the pu-
Shent snail be death, they shall tried in that
mode or manner but shall be tried as heretofore that
IN the accustomed mode. by juries before the Superior
Cours IL is the manner OF trial and punshmen Mt then
which is changed by this law, and not the punishment H.
sell aihxed to the crime which is changed
Inc punishment prescribed by law the crime of horse
has heen
negro, Is Imprisonment in the peni,entary house. Hour
ne De hereafter tried and punished for that offence
ne sna no DC rled by jury i'll the Superior Court nor
punished by that Court but he shall be tried and
ny e Justices oil Oyer and Termner in the same manner
saves are now !ied and punished The Superior Court
nave no jurisdiction to try him and punish him for that
offence because death is the punishment y
Jaw 10 mat crime But the Justices OF Oyer and Terminer
are expressly vested by this act with the Jurisdiction 10
| try, convict and puns, him -
me construction which give 10 this act strength
ened by the language OF the 10Th secion of the same c,
by That secton receivers from slaves SC of stolen goods
knowing them TO be stolen, shall adiuged guilty of lar
cehy' ana punished in the same manner, aud TO the
S"ne e@GH' as II the receiver the thief The Lee
gSa'ure here have drawn the distinction between The
manner aud extent oil the punishment. The Inference is
that IN another case, where they changed the man
"G OF me punishment and said nothing about the erfen
oil IT, they do not mean TO change the punishment itself
lie question has been asked whether the Courts of
oyer ana erhner are empowered by this send free
negroes ahd nniaItoes TO the pentenary said that
ey never before had that power any case as that kind
OF punishment has inflicted on slaves and i
ACT only gives 10 the Courts summoned for the trial of free
negroes, all the powers and incidents of Court suunon
ell or adjourned tor The trial of slave and il il
at as hey never had the power send slave TO the
Penentary, so now they have the power TO send a
ree negro TO the peniten,iary We do admit the cor
recinesS OF this conclusion.
Inc powers Of the Courts of Oyer and Termncr are 10
compel The attendance OF Witnesses TO hear the evidence
10 near counsel, TO expound the law to decide both ON Tho
law and iac TO decide whether the person accused before
mem DC guilty or not OF the felony charged upon him
u uey hnd him not guilty, they TO acquil and dis
charge MIN IL they find him guilty they are TO punish
MN "dt u, not 10 act the ministerial part of nlicin
punishment, but 10 pronounce the sentence of the law,
ever may be, which the law affixes TO that crime and
10 make the proper orders for carrying that sentence into
Does Tie law say that the slave shall be hang
eu ihey shall pronounce that sentence and the Jsv
Tor 'he execution and that judgment and order shall he
te warrant 10 the sheriff for his execution Does the av
declare tiat The slave shall be burnt in the hand o re-
ceve stripes Ie Court renders The Judgment and gives
the orders for carrying The judgment into effect The pre-
sent law alter giving 10 Courts OF Oyer and Terniner the
power 10 Try aud punish free aud nuattocs for snv
eioy declares farther, that they shall have and exercise
all e powers and incidents of Court summoned for the
ula' oil slaves They shall have power, If they find them
not guilty. TO acqui; If they convict them TO rononnce
he punishment, whatever il may be (excent deau, y
wiHch the law afixes the crime and then TO make liz
proper ORDERS Tor carrying that into execuon
Id Tue law declares that the free negro shall be nunse
by slpes or by imprisonment in the county Jail or nv i'm
Psonnent IN the public Jail and penilenary house This
act aulhorlses them IN the well the other
10 Fenher te Judgment and make the proper order IN the
sheb 10 lDiiic the stripes, convey him to the eoun,v
JAZZ" or 10 convey him to the public Jail and penitenary
house - 80 r'"'"S
In The case before The court the circuit court of Sben
auoa had no Jurisdiction to try the prisoner; we have
eleilre no hesitation in advising and directing that court