Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-06-01

HOUSE OF DELEGATES.
SATUR AY, Nav 29

the Governor In the OF the slave Jordan
Hatcher, with the messages of the Executive of
the 18th aud 10th OF May, 1852 with instruc-
tions to enquire into and report what legislation
1t any, Is necessary thereon, and to report any
resolution which in their judgment may be pro-
per for the adoption of this House, have had the
same under consideration and recommend the fol-
lowing preamble and resolution as to what is pro-
per for the adoption of this House:
Whereas, Jordan Hatcher, n slave, was re-
Gently convicted of the murder of VIM. p. Jack
son, and sentenced to be punished with death,
and afterwards the Governor of this Common
wealth communicative said punishment to sale and
transportation beyond the limits of the United
States; and whereas, since said order of conmu-
tation, the Governor has. in message ofthe II til
May, 1852, in pursuance of his constitutional du-
ty' communicated to the General Assembly his
reasons tor committing the said punishment, and
In subsequent message of the 10Th of May, 1852,
more fully explained his views: therefore,
Resolved, That while this House respectfully
but distinctly dssents from the doctrines expressed
by the Executive in the message of the 11th May,
as generally understood and interpreted previous
to the message of the 10Th of May, it expresses
It's satisfaction at the sentiments proclaimed in the
| latter message, and its concurrence in the legal
views of the Executive contained therein, except
so aras motto express opinion of the correctness
OF the conclusion of the Executive as to the pro-
! prlety OF the communication of the punishment OF
the slave.
| Mr.. ROBINSON, of Richmond city, from the
same committee, presented the subjoined report
! The following report with the subjoined pre-
amble and resolutions, having been submitted to
! the Committee for Courts of Justice, for their
| adoption; the committee. by equal division,
declined to make any explanatory report, and re-
Jected the subJoned preamble and resolutions
The undersigned members of said committee, be-
ing of opinion that the said report, preamble. and
resolutions, ought to have been adopted by the
committee, and presented to the House, beg
leave now to present the same as expressive of
| their views.
| Con. Robinson, JOHN EcHoLs,
| Il. E. SCoTT, JOHN M. SPEED,
GEO. TowNEs, CHAs. w. RUSSELL
| The Committee for Courts Of Justice, to whom
was referred preamble and resolution in relation
! to the exercise OF the power of Communication by
| the Governor, IN the cnse of the slave Jordan
| Hatcher, wi tn the messages of the Executive of
| the It'll and 10th OF May, 1852, respectfully re-
port:
| That in the case in question the Governor had
clearly the power to order a Communication of the
punishment for the 9Th section of the 5th article
of the Constitution provides that the Governor
shall have power, except where the prosecution
has been carried by the House of Delegates
or the law shall otherwise particularly direct, to
grant reprieves and pardons after conviction, and
to commute capital punishment; and so far from
| the law directing otherwise, it has expressly de-
clared that Gin the case of slave under sentence
of death, the Governor may order Communication
| OF the punishment by directing that such slave be
sold to be transported beyond the limits Of the
| United States.''*
The section fthe Constitution Just referred to,
| however, requires that the Governor shall commu-
nicate to the General Assembly, at each session.
the particulars of every case Of repreve or pardon
granted, and of punishment committed, with his
reas ons for granting OF committing the same
And the preamble and resolution, referred to the
Committee, relative to the Governors reasons for
the Communication in the case mentioned in the
messages of the 18th and 10Th of May.
| We think there can be no reasonable ground to
| doubt the right of the General Assembly to con-
slider those reasons. 1t cannot, it is true, con-
| slider them appellate tribunal, to affect the
| result ofthe particular case; that is beyond its
| power. But it may consider them in its legisa-
tive capacity, in order that the Governors power
| OF pardon and communication may be restrained by
the particular directions ofthe law, if good cause
appear for such restraint. The House of Dele
gates mig ht also consider them with view of de-
| termining whether the Governor has SO offended
against the State by mal~adminisration as to rem
der him Improbable. And Independently of
those two grounds, we think that though the
House may not deemit case proper for impeach
ment and though the General Assembly may not
deem 1t proper to change the law, it will not be
going too far to hold that the Legislature may, in
respectful terms, express its opinion in regard to
the reasons of the Executive; to the end that that
opinion may in any future of the like nature
| or resting upon like grounds have upon the Exc
eutive such influence as the Executive may deem
due to the opinion of those who have a right to
make or change the law.
We proceed to examine the Governors
reasons, which contain views both as to the law
and the facts:
| ''That Jacksons death was caused by a blow
inflicted by Hatcher, there can be no doubt" The
Governor so states in his message of the Ii tn of
May but he inters that the slave had no intention
OF committing murder, Or oftaking the life of his
overseer." On examining the record we find that
| Hatcher struck Jackson on the forehead with all
iron poker of sufficient size and weight to give
moral blow; the instrument such as would
probably have occasioned death or great bodily
| harm. Such being the character of the instru-
| ment the absence ofan intention to kill is not
ofitself sufficient to prevent the homicide being
murder. We cannot, therefore, concur in the po-
sition taken in the message, that "f Hatcher had
| been white man, the utmost he would have been
| charged with would have been justifabe homi-
| eide, or involuntary manslaughter.''
| The case of a white person, most analogous, is
that of an apprentice. Moderate and reasonable
correction may properly be given by master to
an apprentice as we'll as to a slave under his care;t
such correction cannot justify more than would
be justified in cases of slight provocation. And
1t is laid down thatin all cases of slight provocation
If it may be reasonably collected from the wea-
pom made use of, or from any other circumstance
that the party intend to KILL to do great bodily
harm, such homicide will be murder."t
The power conferred on the master by the re-
| lation of master and slave being confessed much
greater than is conferred by relation of master and
apprentice, we entirely dissent from the position
taken in the message of the 11th of May that the