Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-06-01

The llh and 18Th OF Nav 1852 respectfully r.;;n--
That In 'ae case in question: Governor h. c.-sy :he
power TO order computation Of The punsnmsrt 5Gh
SECTION Of tho 81 Hic- o the Constitution yrnvi!ca ha:
tie Governor shall have power except where prosecution
has bc-a carried BY thc House Dc-aaes s law
sn. Otherwise particularly direct, grant rrpGevcs mud
pha)ns ae. congcnns, and 10 commute cspil, punish.
rht arc 50 Tar from The sa directing otherwise Il has ex
pLeesi declared that n the Of slave under sentence
OF oen'i the Governor may o':.et CT tho
punishment by directing that surh av4 to bo trans.
ported beyond the limits of he United States
the section OF The Constitution JUS, referred TO- hawever
uires that tho Governor conuunc.. 20 hr Gene.
5l Assembly az each se-.!. the p,r,icns-, nj
OF :epr!cve pidun granted and " puui
with his reasons for Ing o. co:nmuns ho sane And
tho preamble md resolutions referred committee
relate the governors reasuns for the in the
May.
We think there be no reasonable ground 10 doubt tic
right O the General Assembly consider reasons Ii
cann" IL is true, consider !irn appellate tribunal
eiiec. the result OF the .a. is oeyuuG is
po~ers But may consider those in its legislative
capacity In order tha, the Governors p,wcrs pafIun End
cntnnltiuu may bo resoned by tbs particular directions
Of The law il good cause appear for such restraint The
House OF Delegates might su consider them with r.ew Of
determining whether The Governor has offended against
the State by NAL administration, ten.sr ;peach-
able And inde tateny Of these grounds think hlt
though tho House may deem proper Tor in-
pescmen and though The General Assembly may
proper 10 change the law, i. will not be ecng far
hold ha The Legislature may, In respectful terms express
its opinion regard 10 the redsons Of The Executive the
end that that opinion may 10 future Of the Ike nature
resting upou like grounds have upon Executive such
influence the Executive may deem due The opinion Of
those who have right TO make or change the laI.
We proceed now examine the Governors reasons which
contain views both the law und the facts THAT Jack
son's death CAUSED by blows inced by Hatcher there
bs no doubt" The Governor states in his message
of The 4h OF Mays but he nfcs that the slave had inen
tion OF committing murder or Of taking the life Of the
seer.h
In examining tho record, ws said that Hatcher struck
JACKSON the forehead with IN iron poker of sufficient
size aud weight to give mortal blow; the
such would probably have occasiuned death bo
dy hurm Such being the character Of the instrument the
ohG Ia
homicide being murder. We cannot therefore, 10
the position taken in the message that W Hatcher had been
white man, The utmost he would have been charged with,
would have been iustfable homicide involuntary
slaughter" The Of q white analogous ID
that of apprentice. Moderate and reasonable correction
may properly be given by master 10 an apprentice as well
slave under his care+ Such correction isiy
Than would be justified in Of slight povocaton
and is laid down. that "iu all of slight poyocaton
if may be reasonable collected from weapon MADE
Of any other circumstances that The purity intended
kill, % DO great badly narm such homicide will bo
mude+ The power conferred the maste by the reIa-
ou OF lnaser and slave being con(rssey much greater
Than conferred by the relation Of master and apprentice
| We entirely dissent from the position.
When In The message Of the llh OF May that the hom
eide 'n this case, but mansanRher; II suffer-
ing the moment of the blow would III any be
enlson evidence OF such suffering in this caso.
appears be case in which The ovcsee standing in place
If MASTER exercising his right moderately chastse
h slave and The used unlawful prevent that
chaszement; in which The slave by those
the death Of the and for this senenced
be punished with DEATH We satisfied that in.
would be- against the spirit Of onr laws of the age be
contrary humanity. We satisfied that this il
in uhich The ought to iuye been cnmmuted. On
the contrary after giving 10 the messages, both Of The lth
ard 9h of Nay oil proper consideration we inclined 10
think that sufficient not Unsigned for the exer
else Executive cenenry in this Tho Of the
Executive with the assigned for It in the former
had tendency produce spirit Of nsubnrdlna
ton dangerous 10 the community In This aspect we
should deem it proper subject for further comment
not for the soundrr views presented in the latter
Su,h nr.her legislation may be dsemsd proper will bs
| :ol; k,r he, tho l'vo,
ces=y however for further legislation to restrain the power
Of pardon cnmura,"n is much less since The message
Of The 29h OF May In snch legislation ns well os IN ex-
preston of opinion should be mindful OF tho impor
tanre If doing nothing to prevent the exercise Of the power
n pardon cormutaton In cases Il, uad proper for Ex
ecu,ive Interference
Tns Committee recommend tho following preamble and
| resolutions proper 10 be aduptro:
WhsGLs Jordnn Hatcher, slave ch,7eed with htv:ag
:eloniousy and Of mce killed mlisrcd wnI p Jurs.
son. the lth of March las Tiled tl,i eug Tie
Court ut Husrng OF the city Rchrnnd and Tie Court
cnmansed OF five Justices heing masly Of urinon
that lie was guilty o tie cri;ne ot which hr ,hs.,J
sa.eed him TO be punished with death ard afterwards the
Goy.rno. Of this State, ordered vi The pu-
ashnent by directing the said eave be scd he
ported beyond the limits OF the Cnied STATES; aud -ad
has in OF The lln Of May 1852 pHrsuant
the filth section Of tie fifth ue!s Of the Constitution,
rnuucsttd the General Assembly his FOR
nox said punishment and in further message Of The
| 18Th of ilay, 1882 c1pGinet his views:
Resolved by The G=ncra s=mb!y, ih1, "he the Gov
:ruur the OF me slave J"r Hatcher had the pow.
sr "a order Of puuis mcnt tle As
.ebly believes exercised the power cUnscirniou'y yet In
his mssage Of the ll:n OF May assigning his for
comuutat"n he expressed views which in The opinion
If the General ssembiy erroneous, and might il rcled
IN, he productive oi mischief:
R.soIYed further That the General Assembly do,h declare
its in IN: views vi the Gpv"nors explanatory
mcssaue of the 10TH uf Nav fer can ~IthoJ.
pressing opinion as - the con"s"n I" which iis Cow
cae that tho record oi JORDAN Hnchers conviction
pre fix for tre crsrrnct uf ilc executive.
Mr. TALIarEaRo from the sano Committee presented the
following majority report:
The Committee for Courts Of Justice, whom, wss re.
ramhr and The
Of the power communication by tie Go"crno! IN HE case
Of the slave Jordan ,,cic i,h ,css,ses ne Exc
cn,lyc l:h and 18Th Of May 1852 inslrlcrons
TO enquire into md report what legislation il sny IL
.ary thereon, und report any resolution which in hcr
Judgment may proper tor the adoption Of this Hou-c have
hyJ the under consd on and rccoIrncni the fol.
towing preamble and rcslJEs TO what Is proper fc.
| he ad pton ut the House:
Whereas jordan Hatcher slave recently convicted
4 the murde. Of w. p JarksoC, and sentenced tc pun
shod with DEATH and afterwards the Governor OF This Co;n-
mon wealth commned the saa punishment sale IrsHs
rsinn beyond Limits Of United STATES; and where
!. said order Of cnmmYtnon the Governor has message
# the lh Of May 1882 in pursuance Of his constitution
t,:v communities ted - the General Assembly his reasons
nr computing the sa;h pGnshmen ani in subs:qIent
nessagc Of May l9, 1882 more fully explained his se"s-
therefore, .
Re. olred That while this Hosc respectfully, but distinct
ts.r,s from the doctrines expressed b. the executive in
he message Of the llh OF May generally understood und
interpreted previous TO tho message Of The isth o ayE
,,cs1cs s alsctiDn the acn,menrs proclaimed In the
ler and its In the legal views OF the
executive contained hoe except so Tar as not TO express
an opinion Of the conclusion Of the
lvr the pro7rety OF the commuta:on OF the punish
| ,nent Of The slave.
Both Of The reports ordered be printed end laid
| on the table for the present
By Dir. PzspLrroN-Ol the citizens Of Louisa county for
| the Anti. Liquor Law.
Mr. snlrA of RUSSELL presented similar petition Of the
citizens of said county.
| aASAesAs ear nAIL ROAD.
hr SEeAR called up the bill appropriang slt00o0 to the
Munus.as Gap Rail Road, and made speech supporting
tho pos.age thereof.
Mr. gEssr7r offered ryder which he withdrew after
| long discussion.
The question then rccurred the passage Of the bill.
i Mr. Sco77 OF Fauquiar, made long and able speech
i,s passage on the House. and upon the internal i'm
orovemen, interests of the Commonwealth. The bill
rejected by the following Iote
aYrs-fe. Cru,chheId (SpesksrD Rives of A.. Early
Massey Carpenter Walker Tate, Imboden Wiley Dunlap
Clark Speed, Barbour Jackson Of D. and T., sssst Stuart
Brooks, TaIlafero Leake Rsnick White Of g. and O. Pses
of Hardy, Gdn Hsston, Patrick, Fry, Morgan Caring.
ton, Bull Newman Kidws, Arne, Jones Of 81, Garst.
son vaw,er schos Preston Michael Dawson RUheI'.on
Of Norfolk ciy Russell an9ssd h@ys Aae If nsies
c. e%S,s H 's Wsmsn w.s
/ Boyd-70 ,,u rI r /, ~,