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

| Courts of justice enquire into the ex
pediency Of SO amending tie criminal
flaws Of this State. as 70 authorize the
Governor and Council to commute the
| punishment of death to confinement in
/, The peni'entiary in certain cases speci-
fled, and that they report by bill or O.
lherwise.
Mr.. Goodwin stated that he wished
| this House to take immediate action
on this subject, since it was intended
to extend the benefits Of the act 10 an.
individual in his section of county who
was at present under sentence Of death.
/ The change in the law also was tesira-
bic from considerations Of general poll
cy.
| Mr.. Kiiby regarded this proposition
as a most Important and valuable sug-
geston. The present law authorised
the Governor TO commute the punish
ment Of death in the case Of negro,
and there was no objectron to the ex-
tension Of the power Of The Executive
over the punishment ofthe white man.
He thought confinement in the penl-
Tertiary might in most eases be substi-
t'Ited, with advantage, for capital pun
ishment.
! Mr.. Lyons opposed the resolution.
He regarded the proposition to confer
on tie Executive, in addition to the
power of pardon, that of supervising
the decisions of the Judiciary, as most
extraordinary and mons.rous. 1t was
an application to aniho'ise the Cover
nor to determine whether particular
offence was to be regarded as murder
in the first or second degree. He de-
sired to record his vote against any such
innovation.
Mr.. Goodwin said this proposition
was made not at the suggestion Of the
Governor, but of private Individuals
The Courts had indeed decided in the
case above alluded TO, but the people
had right TO be heard through their
representatives.
Mr.. Kilby said there were, frequent
", in cases before Jnries, ci'cumstan-
ces which could NOT be made to appear
at the trial, and hence ilnocennt, per
sons have sometimes been condemned.
In the instance before alluded to, the
individual was guilty to a certain ex-
tent and deserved punishment, but not
that of death. The Executive could
not, as the law now stands, assign a
punishment proporlionate ,,othe offence,
and consequently must either pardon
or condemn to death. He regarded
this proposition as an entering wedge
which would ultimately result in the "a
bolishment of capital punishments. He
hoped that such would be its result,
and that this relic of a barbarons age
might be obii:erated from our criminal
code.
MIR. Strother had no objection to the
resolution, since it merely proposed an
inquiry into the expediency Of the
change. The Governor had at present
the greater power of pardon, and there
could be no valid objection to law
comforting upon him tie lesser powerto
commute he punishment of offenders
in certain eases. Now, man must,
for certain offences, be either hung orr
acquitted. There should be interme-
diate punishnen.s, which the Execn-II
tive nigh: impose at his discretion -
When the bill should be brn,rgh, in byl
the committee, it would be time enorghI
iorthe gentleman from the city, Rich
mond to stale his objections.
Mr.. Garneit WAS opposed tn capital
punishment, and thought that the very
woyst use man could be put to was 'ol
hang him. al
Mr.. Lyons was surprised that the
gentleman from Rappahannnck should
have favored such proposition. Its
avowed object was the reversal Of Nh.
decisions of the Circuit and Of the sGe-
neral Court upon the trial of Ilnn'el
Hi. This trial had progressed lh:e'
all the stages known to the law, and,
now that he had been condemned Il
death BY the judicial ,ribonals Of his
country, an effart was made BY an APP
peal to the Legislature,to atumniuous
assembIage, TO rescue from the gallows
this bood-stained murderer. lie mi,si
enter his earnest and solemn protest a.
gainst this measure. Where was JUS
iice to be found, il, when The facts Of
the case were so strong that it was i'm
possible for the Executive to exercise
the pardoning power, an appeal might
be made to The Legislature? The
gentleman from Essex has said, that