Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1846-01-22

| me worst use to which man could be
put was to hang him; bit he would
ask. what better disposition could be
made Of the man whose hands xere i'm.
hruesl in innocent blood. " no had sent
his fellow men unannealed 10 his long
home, than to hang him as high as
| Haman'
Mr.. S'.other did no. regard this pro-
position as intended merely for an in
livl,iisal case, but as having general
application. He reciprocased the sur
prise Of the gentleman from The city Of
Richmond. The gentleman should
look beyond this individual case to the
1 policy of TIE general law. A provis-
ion might be introduced into the bill.
requiring that it should have no applica-
I, tion 10 cases heretofore determined BY
the judicial tribunals. The Legislature
was the true foutain of power, and it
might vest this power of committing
punishments either in the Executive or
Judiciary, which were subordinate de-
partments. The Legislature might ex
ercise this power itself, or authorlse 9th i
ers to exercise it. He would express
no opinion as TO the proprie:y of infic-
ting capital punishment; yet he was
decidedly in favor Of ve>ting in some
State fanciionary the power OF innict
ing intermediate runi>hments.
NIr. Pend!e.on said, where it was
peoper that punishment should be com
mu'ed, the power TO accomplish 1t
ought % exist. Let the resolution 90
to'he committee, and if general law
should be the result, Hunter Hill would
still be In the hands of the Judiciary
who must decide whether the provis-
ions Of the act extended to his case.
/ Mr.. Syme considered 'ha, this ap-
pIication, if granted, would involve q
violation Of the Constitution, which Ii.
miied the Executive to reprieye or pal.
don.
Mr.. Kir,ley was in favor of the reso-
luton, and would approve of general
law on this subject. The Governor
should have tie power OF committing
4 the punishment of Cea.h. This ineIi-
vidual alluded to lad been tried and
condemned, and an act Of general
nature passed now could not affect his
case. 70 apply the law to his case
would give lfan c2 post foeto operaiiar.
/ MIR. io'laday SAID, this lax would
give the Executive supervision Of the
acts Of the judiciary. When man
hiss had a fair trial by jury under he
direction Of an enlightened judge, be-
lor-a tribunal best capable of Judging
of the merits Of the case, and when we
reflected that, at present, nine out of
every ten guilty. men escaped punish
ment altogether, we should not give
this additional discretionary power 10
the Executive.
! Mr.. Mar1z understood the gentleman
who offered this resolution to say that
he designed 1t for the individual case.
Could this House pass law Affecting
an adjudica,cd case'
| Mr.. Syme said it would make the
! Governor legislator and contound tie
two departments.
| Mr.. Gordon said that the Consti,u-
! ton prescribed The powers Of The Gov
ernor. Could this House confer any
additional powers upon lhs Execn'lye:'
Mr.. Strother said, he could not con-
ceiye how the Constitution could be so
construed as TO prevent The Legislature
from passing such "A law. The Con.
S,itutlon says, s'.he Cxecniiye shall
have power to grant reprieyes and par
dons, except Where the prosecution
shall have been carried on By the House
of Delegates, or the law >hall oiher-
wise particularly direc'a" The Cover
Dor has the power of pardoning, 10 be
liaii'eil By subsequent legislation. 4
modification of The power to pardon
could moi be nnrons'l .u,!nnaJ. In re-
Iatlon to slaves, the Legislature has al,
ready vested i. the Executive the pow.
er Of commtting their punishment. :
This resolution did not propose an ex
tension, but merely modification o;
the powers derived from the Cnns;i;u-
ten. This should not be REGARDED, a
4 lest vote. The proper decision wouls.
he made when the bill came before ,h,
House. AS to the conflict alluded to
between the two departments o. tht
Government, the same objection exist
ed at present against the laws now EN-
acted. II this be q wrong principle, i
had been adapted for so great length
of time that, to avoid it, legislation
must retrograde. Should the Iuxur,
of being hung be denied the negro, ant,
enjoyed alone by the white mani He
hoped the House would order tae yefe-
renee ofthe resolution.