Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1846-12-17

S'""""V- EeSS ieSuesS IN consequence, he would
more cheerfully obey the laws of the institution.
With increasing sef-respect and revivinp hone. he
would with more aacrity perform his duties. and
mus the discipline of the institution would be more
easily maintained, and its productive industry. |
doubt not, materially enlarged. The will of God
mas declared the separation of tho negro and the
wm'e man and our laws and our feelings approve
IL. Yet. most remarkable this fundamental differ
ence is entirely disregardcd in our punshments.
and black and white thrown into our Penitentia-
ry, IN all respects upon terms of the most entire
equality. earnestly recommend this reformation
oil our criminal code in relation to free negroes and
muattoes.
On the 30th Of September last. we had in our
Hententiary 226 convicts, 50 of whom were free
negroes and mulattoes, lO7 white convicts born
within Virginia, and SO born beyond our limits.
BY the census Of 1910 we had in our State 49. $40
Tree negroes and muattoes, and 740,96S whites.
iet the free negroes and mulattoes, constituting
ABOUT one sixteenth of our free population Excluding
1oreigners) contribute largely two. ihs of the
convlcts of our Penientiary. BY the same census,
we had 44S,sSI slaves of this number fourteen
only were transported for offences committed within
the past year. The free negroes constitute only a.
bout one tenth of our negro race and vet they per-
petrate about siXsevenths of the crimes committed
bylt Our criminal statistics develope these results
winch l am satisfied substantially correct
Ihey demonstrate the moral degradation of the free
negro, the hopeleSsncss of his REFORM the mischev-
GUS influences or his association and the necessity
OF his removal--Occupying here that space which
separates the white man from the slave he corrupts
portions OF both races. That he is moral leper
Is demonstrated. That he will prove the ready in
sument Of those, to be found i'm certain sections of
our Union, who would kndle into flame our social
edlllce, cannot be doubted And thus it is due to
our own quiet and repose, to the preservation of our
dearest and most sacred interests that he should be
removed. The right TO do cannot be questioned
nfnr lou, 49,
beyond cavil or discussion
In certain sections Of our Union the free negro is
regarded as an American citizen and entitled to all
the rights and privileges Of that proud and lofty sta
tlon We can send him to those places. Indeed
am assured that he will be received with pleasure
removed by communities, his domestic and social
ties would be preserved; and emigrated to such
communities, while we would be relieved from a
most lntolerable evil, he would have his prospect
OF lettering his condition greatly improved.
regard our free negro population rs one of our
greatest evils, and to get rid of it of our high
est duties. Great as may be the apparent Difficult
~ OF accomplishing this desirable measure it would
uwihdie INTO inslgnfcence, under bold and decid-
ed treatment But all now propose is the pass
age OF law providing that each county, at our
next annual election, shall have the right to vote
upon tho question of removing the free negroes with
In their respective limits, beyond the Common
wealth-that all counties voting affirmativey shall
!
be required to remove the free negroes within such
counties after six or twelve months notice: and
that such population shall not thereafter be permit
ted to reside therein. Such law dependent up-
/ on The vote OF the people within their respective
counties, 1t adopted in single county-relieving
the white man and tfe slave therein OF great
and unmitigable evil. nflicting no nhumanity upon
the free negro, but, but by placing him in commu-
nity entertaining other and it may be more gener-
Gus views of his rights and capabilities, actually
improving his prospect of lettering his condition
would commend itself in very high degree, to our
constituents, and will, gentlemen, find favor sin
cerey hope, with their representatives Even if
the proposed law should not be adopted in single
county, Its mere existence, with the power at any
Time to give 1t vitality, would materially aid us in
the management of this unhappy race.
have nothing to report rs to the condition of our
Lunatlc Asyums, for adverted to in the Sc
cond paragraph of this message
On the fourteenth day of May, 1916. Robert
Stanard, Esq, Judge of the Court of Appeals,
! departed this life. The vacancy created by the
death oil this distinguished lawyer has not been fill
ed. offered it to John NJ. Patton, Esq. who, be-
cause of the nadequacy of the salary attached to the
Judgeship, declined it. Subsequently, several dis
th9ulsned lawyers were presented for my selection,
each OF whom would, | doubt not make an able
Judge-But, having been satisfied that the Court
would be able to hold its regular sessions decln-
ed TO make the appointment. deeming it better in all
respects to leave 1t with you, unembarrassed by nv
official action.
The large amount Of public business in the Court
OF Appeals, Is one Of the great evils OF our Govern
ment, and must be redressed. The consequence is
delay so grIevouS to amount almost TO n denial
OF justice. The ordinary time that suit is depend
ing In this Court is seven years. The business
therein is also accommodating, and there is no hope
OF Improvement under its present organization.
mean no reflection upon the members of this Court
but It's delays are great, are increasing, and must
/ be diminished. This important result. NAV be at
aued by requiring the Court to sit as long as there
is business to transact; by adding another Judge
to the Court, and dividing it, giving to half of
1t exclusive jurisdiction the chancery, and to
! the other half the like jurisdiction over the common
! law appeals. And as the common law is greatly
less than the chancery business of the Court pro-
pose TO equallze the labors of the two Courts by
requiring that Court which has charge of the com
mon law docket in Eastern Virginia to hold excu-
slyey the Western Court of Appeals. I throw out
these hasty suggestions, with hope that your wis
dom may adopt some plan by which the delays Of
our highest Court may no longer be an intolerable
grievance to our fellow citizens.
Another reform in this Court is Of great impor-
lance TO suitors. The Court frequently consists of
four Judges only, and if they divide, the appellant
is defeated The law Of the case is settled but
not IFS principle. Practically. and in effect, he
has not had the benefit of his appeal, and he loses
MS cause and 1t may be his whole fortune, because
the Court below. from the errors of which he
thought nc had appealed. had adludged AGAINST
him. The next cause which is tried may involve
the same principle; yet being tried before a full
Court, may be decided otherwise. Again three
Judges constitute Court; they may and frequent
y do, differ in opinion. Here, too the law of the
case only is settled. but the itself is not regard
ed as authority In divided court. consisting of
three Judges, two of them have not only the power
Of 4oCe