Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1833-07-22

Cereal Court, lrom different and distant parts 4
the Commonwealth, depending CA the construction
OF single seeilen of the law passed III the mont
OF March, ls32 concerning free negroes and mu
latluos. There has been considerable conflict o
opn,pu on the subject but ms lhc question has beer
decided by lafee majority q: the eonr.. II ma,
now DO considered As settled. As the spmc ques
ton may arise IN every court OF criminal imisdie
ton ia Tho state, important TINT the opinion
and decision Of The shouId be published
GENERAL COURT JULY 1tb, le33.
Isl CAsr.
TIE Commonwealth against Mention Weldon.
! Tho case was argued ty Mi Samuols, OF She.
nandoah. IN the telm of written notes, IN behalt
, oi the prisoner, and by the Attorney General for
the Commonwealth after wh'ci Btoekeabrf az
Judge delivered the opinion OF the court, FOL
| lows;
THIS is an nd iourned case from the Circuit su
porior Court OF Shenandoah county UtidoR, the
prisoner, Is free negro who was indicted III that
court, III Apfl last tor The crime OF horse stealing
lie was tied by n Jury and found guilty lie mo.
we'd the court 10 arrest the Judgment tor lie follow
rg teasens lifs1 because 1t appears by The in.
d,ctnent that the sad Weldon is tree negro, and
that TINS count has 10 jurisdiction TO Try the pflso-
ncr tot the offence charged upon him secondly
| because, 10y yftur Of tho act passed Match 10Th,
! lS32 iee III grous aud niuipttoes shall thereafter
/ ne prosecuted ticl convicted ana punished ioi
any felony by justices OF oyer and Iefminef III
| the samo manner dat slaves are uloJ convicted
uud punished aid thirdly, because, from the
! indictment, 10 Judgment oughtto be rendered n.
golnst he prisoner. The Cncuh Count adjourn
cd to this count, Tor It's advice and Jeels,on the
question whit judgment should be rendered III
ths case
W have rarely met with any law which hhs 81
, al, IA,
short section on winch THIS case and with II, the
III. of tbs prisoner depends The counsel who
have argued IT, have each eiNcua yety lucid view
OF his own eonsllaclion and the court, tho most
/ srrIuus consideration, have como to CONCLUSION
different from thnt OF both OF thcu
/ The question depends on the eleventh section Of
! the act passed IN the session Of 1881 eli ~ which
7 IS in these words " Free negroes y mulnltoes shall
! hereafter be prosecuted tried convcled& punished
| ot any fclonyby justices OF oyer and iormlncrln
the same manner rs slaves now prosecuted tried
convicted and punished ami any court summoned
I OF adjourned for such uIn snail have aud exercise
at, the powers and incidents OF n eoun summoned
or diouned for the ria Of slave, except that N
case, ~ homicide ani N cnscs whore the punish
m.ut shall be DEATH the mode ot tr,a, shall roman
as hclcIoiofe.3
/ What u the mcnning Of the first clause OF this
/ section Ihey " shall he puuishe III the sams
Kramer rs slaves. Does II mean TINT the tee ne.
gro shall be punished To the same cftehf=-to The
/ same acetee-lhht the slave s punished Here.
I lo,mc, by former luWs, plainly written, the slave
guilty ol aotae stealing was Punlshed with death,
without btneiit OF eletfy the iroe neefohy lmfrI-
souinent IA the pubic jail tnd pcnieetlaty hoase
I The same difference exists as to burglary, ioepa'
/ y, forgery and long list OF crincs. W G % hol
thlnk that II is Consistent with the settled faes OF
.t IN.
tcula,ly 10 statutes the subject OF enp!nl ielo-
ues, 70 eoossroe tho act AS abo'ishng former laws
mud outstanding death ns tho punishment lof I'm
] ptisountni by the mere declaration that the maH
M OF punishment Of the fec negro shnH be tie
manner Of punishment OF the slave. Penal STA
lutcs must be construed stticuY, aud We slieald ~
u,. such cases bear mind the precedent set ia the
construction Of statute Of GEORGE tao Sc
coui BY Tie courts IN England. By that hwi
the atea.ine oil sheep, OF oter cdHte was lfa1s IL
nny, ~ ItAout benefit Of clergy. But tie general
wurds o'tef latilc' beng locked upon rs inhth
too loose 10 Greats capital offence, the nei VA
h;ld 10 extend 10 nothing BAT the stealing OF sheep
! And in tins ease, Of opinion that 10 andet-
stand The word otaHnef as meaning e1ieti Of dt-
clce, would be hot 10 eonsttuo the statute strictly
! bat to give II a forced construction, by hmeh the
acyclty OF Tie punishment wou'd be much tnefea.
sod lfthe Legislature intended 10 declare that ~
: all cases ofltony the punishment OF free negroes
shall be- the same hereafter as has been heretofore
Indicted ON slaves ion the sam3 ielnhes, they
would probably have used words appropriate 10
that idea.- They would not have sud tint tbe
manner Of punishment shall be the sam, but thai
the punishment, It5e'i shall be the some II maY
be proper 10 lepafi honl tho letter Of penal sta
tu,o, VIM safh departure would be favorable 10
hle ~ il5ety, but rot y here 1t takes item away
and aud fftft O..
sioas Of tae statute Heretofore, courts of oyer
m ,it,tr eri4islt of iu.ticcs oil tie county uu1