Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-05-13
EXECUTIVE DEPARTMENT, n


transmitted to both Houses of the Legislature on Tues
day:
EXECUTIVE DEPARTMENT, May H. 1882
To the General assembly Of Virginia:
On the 18th day of March last, Jordan hatcher save
aged about seventeen years. charged WIN nas See
of ts civ found guilty and sentenced to be hung onthe
23d day Of April 1851 Shortly alter ms convction and
during my late visit the County OF HARRISON papers
relating 10 This subject sent to which failed to
arrive before nv and were not received here I'M
til after the day upon winch the ~as 70
final decision, l granted respite of two weeks, |
and after mature and deliberate con sideratlon l.
on the 9th instant, committed the sentence against
the said Hatcher sale and transportation be- |
youd the United States. And las 1t was made my du
ty to do by the Constution) herewith respectfully
communicate the Legislature my reasons for said COM
mutation. . -,
Hatcher there can be doubt but the testimony and
all the attending circumstances far from showing that
the unfortunate result contemplated desired by
the slave rather prove that he had intention OF
hitting murder of taking the life of the overseer Mr.
Jackson in any way; and that the unfortunate casualty
was one of those results which, though deeply to be de-
plored BY all contemplated by any The ln
Jury was inflicted by single blow given at moment OF
great excitement and suffering and without effort to
nfict further injury the boy from the building IN
manner showing that his object and effort but
cape from the chastisemen he was receiving The great
and essential Ingredient to constitute murder to wit: an
tent or malice prepenS therefore wholly wanting
That the penalty under such circumstances should be
deatv though perhaps authorized by the letter. is believe
tray to mercy and Humanity which designed for and
extended only to the unfortunate and the guilty.
Hatcher had been white the utmost he could have
been charged with would have been ustable homicide,
or involuntary lansaughter and in this 1t but
manslaughter without intent to kill. My right to inter-
pose and unquestonable and believing this to
be one of those contemplated and provided for by
the Constitution committed the sentence as aforesaid
The power to pardon and commute Is high and sa-
cred trust but it is in the discharge OF which the Elk
ecutive of this Conmonw eath responsible only to his
conscience his God and the State of Virginia And in
conclusion Twill say that although strengthened and con-
redin my convictions by the opinions OF other gentle
of high legal atainments and moral WORTH yet my
Judgment and of duty would have led me to the
conclusions and tothe performance OF the same act
WV Very respectfully, JOS JOHNSON.
We cannot allow this official act of Governor
Johnson to go forth to the public through our col
umns without attaching to it our strongest con-
domination. 1t is our deliberate opinion that Jor-
dan Hatcher ought to have suffered the penalty of
death. tits clearly proved by the testimony in
the case that the blow given by the negro was
aimed at his overseer on account of moderate
chastisement lawtally inflicted. The extenua-
ton is, that .sthe injury inflicted by single
blo,o given at a moment Of great excitement and
suffering, and aoithout any effort to an,ct further
iniurq." We wish to call public indignation to
this sentence of the message Is it then the law of
Virginia that if master or overseer (for an over
seer is clothed with all masters power of dscip-
line) undertakes correct his slave in the usual
manner that s'great excitement and suffering Is
to Justify the slave in striking with dangerous
weapon-a poker? This is not the law and a
moments reflection will satisfy any that j.,
cannot he the law in sayehoding State. It
would abolish at once the masters right to infict
bodily chastisement upon a slave. We ask, if
any whipping ever administered without
creating the excitement and suffering" which,
in Gov Johnson's opinion, far extenuates no.
micide as to Justify the communication of the death
penalty into simple transportation!
But is there any analogy between the case of a
slave and acAite man, in case like the present?
Governor Johnson thinks there is: "Jf Hatcher
had been auhite man, the almost he could have
been charged aoits aoould hare been justfable hon.
icide, or Involuntary manslaughter; and IN this
case 1t auas but manslaughter abithout intent to
Kali"
If his Excellency had been well informed in the
criminal code of the State, whose Governor he is,
he could never have fallen into this gross
He would have knoacn that the overseer had the
za,otM authority to punish Jordan Hatcher with a
whip; he would have known that Jordan Hatch
er had no lawful right to offer any sort of resist
ance, much less right to strike his overseer over
the head with iron poker He would have
known, furthermore, that by the law of the State,
a slave is not authorized to feel 'great excite
ment," certainly not to avail himself of it as apea
in his defence, when he receives only laa1ful
punishment. The case of Hatcher, as stated by
fot &c
a white man who strikes with poker because he
is struck with cowhide. A slave in such a case |
in the eye of the law, acts aoitout any provocaton
achoteuer-or at least, any provocation that the law
will recognize. Whereas if a white man be the |
actor the nature of the affront and the circum- |
stances under which it was given will be inqur- |
ed into, and if of grievious nature, be received
as an extenuation.
What do the overseers, who are surrounded by |
laves, say to this act of Governor Johnson? =
Can any one ofthem, with this construction of the
rights of master over his slave, proclaimed anon
the slave population venture to inlict any eorpo-
raj punishment whatever What sort of punish
ment can an overseer, according to the Governors
message, infict upon negro under his control |
Only such punishment will not produce in |
the mind of the slave great excitement" and |
not carry with it suffering If otherwise, the |
luckless overseer may be- and no doubt ,oaH be,
struck on the head with an iron poker. Well, now,
what sort of punishment is that which does not |
occasion excitement and suffering? 1t is the OBJ |
yjcct of punishment to produce both. Governor |
Johnson seems to think that by strict law Hatcher |
had forfeited his life. Now we desire to know |
from what source he has derived the power to |
alter the relations of master and slave and decree
slave to be entitled to the defences and equities
made available by white man +! What power |
has invested him with the right to say that slave