Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-05-14
The Erecutire Decree.

all cases in which they condemn the acts of public
officers to enter into an investigation of the nottres
by which they were impelled. We take wholly |
different view. We look at the act itself and cal
culate its probable consequences, and hold the pub
lie agent responsible for them, whatever may have |
been the actuatng motive. 1t is the duty of a
public iduciary to exercise judgment and forecast
and not to surrender his mind to the controul
even of amiabe weaknesses, when the interests
of the community whose guardian he is, are put
In jeopardy. Stern decision in judge is great
virtue and if such an officer feels the emotions
of pity too powerfully to enable him to punish a
suppiant criminal, be ought to put off the insig
mia of office aud retire to the shades of private
life, where he may give free rein to the dictates of
a merciful disposition. But when he pardons the
man who has aimed blow at society by the
slaughter of one its innocent members, he COM
mts positive wrong that cannot be extenuated
by the motives under whose government he act
ed. We therefore decline to embark into the
investigation of the motives that wrought upon
Governor Johnson as to induce him to pardon Jor
dan Hatcher, the negro slave who slew his over
seer because he attempted to chastise him for
neglect of duty. Let them have been as "pure
as snow the wide spread evils which his decree
is calculated to produce, are enough to ensure the
condemnation ofeyery man.
Be thy intents wicked or charitable
Thou com'st in such questionable shape
That will speak to thee.
We invite the readers attention once more to
the Executive decree by which the gallows has
been robbed of condemned felon His Excel
lency has published to the slave population of Vir
ginia that if one of them under ''the excitement
and suffering of fogging shall fell his master
overseer to the earth with iron poker, and then
manifest the innocence of his heart by an attempt
to fly, that the will be 'but manslaughter
without intent tokill.'' The Governor has sought
to defend his act by declaring that if white
had been placed IN Hatcher's shoes, the deed
would have amounted to 'justifabe homicide,
or involuntary man-slaughter." We remarked
yesterday the glarng improperly of striking
down by an analogy the wide and immeasurable
difference soemnly established by the law between
the negro breed here and the white population.
The analogy cannot be supported, the law
manning unrepealed, without either elevating the
negro to all the rights, privileges and immunities
enjoyed by white people at the criminal bar, or
degrading the white to the disenfranchised
condition of the slave. Does the Governor seek
for a case in point, true analogy? We will
give him one; for although not read in the law,
we are too deeply and thoroughly imbued with
sense of the difference between the rights of the
two breeds, as established here, not to be able
readily to lay our hand upon one. 1t must be
borne in mind that in the eye of the Virginia
law, Hatcher was not authorised to offer any sort
of resistance to his overseer Jackson. For the
latter was fully empowered to infict the punish
ment and the former was enjoined unconditional
ly TO submit. Not allowed, mark you reader, to
resist with an iron poker, but enjoined to submit
in silence, although in " suffering The law
that establishes the relations between the two ra-
ees in Virginia, necessarily requires this. If the
right of private discipline is swept away from the
master, we earnestly pray that the institution of
slavery may be abolished with it. 1t would be
mercitul hand that would then relieve us from
the domination of our insolent slaves. Why,
look reader at this Executive decree-what does
itin.effect do! 1t abolishes on the part of the
master or his overseer, the right of privrte disci
pline under the penalty Of dead to be inflicted
by the hand Of an enrdged negro.
But in natural Indignation we must not forget to
furnish his Exceency with case in point, drawn
from the analogy to white man. Whatever the
Governor says to the contrary, Jordan Hatcher
acted acitlom any sort Of provocaon recognized by
our law. Now, if white man had struck jack
son over the head a0ithout any prouocation and
death had ensued, what would have been the
judgment of the law? AS Governor Johnson does
not appear to be we'll informed, at all informed
with respect to the provisions of the criminal code
of Virginia we will from our own imperfect
knowledge assure him that in the case put, the
white man would be adjudged guilty of wilfu and
deliberate murder.
Every man will agree with the Governor that
malice is essential ingredient of murder, But
surely no man can be so extremely unnformedas |
not to know that from many act the law pre-
malice In other words, that there are acts
of so ruthless and unprovoked nature as to
proclaim the motive by which they were in
spired. Wherever there is homicide with
out provocation, or, which is the same thing, |
without provocation thai the law will recognize,
the slayer is adjudged guilty of murder.
Now, unless it can be made to appear that the
negro slave Hatcher acted under lawful provo
cation it will be impossible defend the decree
of Governor Johnson.
In times of public tumut every man may be
said to become counsellor of State-as upon the
invasion of public enemy, every man is convert
cd into soldier. We WILL then, volunteer a sug-
gestion to every officer charged with the execu-
ton of the law. The best way, and in view of
numberless precefents we may add in this coun-
try, the only way prevent the rsings of mobs to
execute theirown passionate and vindictve DEGREES
is for the officers of justice to discharge their du-
~ With stern punctuality. Men will not behold
with