Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-05-20


year past. They cannot, or will not, exercise
that sound discretion. which would be mani
tested by Stockholders, who were both fol
Payersand the receivers OF dividends,and of al
the incidental and collateral advantages frou
judicious tariff of tolls. We would ask tn,
Stockholders of the Virginia and Tennessee
Railroad, and the James river and kanawh;
Canal Company. to consider this suggestion
1t is important that they should. because thei
interests are identical. in all that relates to tran
ST, charges.
Gov. Johnson and the Slave Hatcher
The facts OF this case are well known to the
community: for the sake Of perspecury, VIC
will, however, in again offering some comments
upon it, briefly recapitulate them. VIM. p
Jackson, an overseer in factory. attempted &c
chastise Jordan Hatcher, a slave at work under
him. Hatcher caught the whip or cowhde
with which the chastisement was being infiict-
ed; Jackson kicked the slave. " no. thereupon,
pushed Jackson off. retreated to the stove in
the room, caught up an iron poker, and dealt
Jackson a fatal blow across the skull. This is
a simple statement Of this tragedy. Under
these circumstances, the Elective of Va. has
seen fit to commute the sentence of death pro-
nounced against the slave, into one Of transport
tation.
This single act Of the Governor was bad
enough. A free white citizen Of The Common
wealth had fallen by the hands Of violence, in
and for the discharge of what he deemed to
be his duty 10 his employer. The prisoner
had been tried in the manner and by the tribu-
nal, appointed by the laws of this Stale. 1t
is not pretended that new testimony had been
discovered, or that the trial was irregular in
any respect. Gov. Johnson might well have
paused, ere he would interpose in such case.
| But he has done much more than this. He
has written letter in his own defence, which
msstates the law, and strikes at the very foun-
dation of the institution of slavery. He SAYS
If Hatcher had been white man, the most he
I'D have been charged with would have been
jusfiable homicide.or involuntary manslaugh-
ter, without intent to kill" Now if this be SO,
on the facts of this case, we humbly think that
the writers on criminal law are grossly mis-
taken in the principles they have published to
the world. We freely al NIT that this killing
does not come within our statutory definition
of murder in the first degree, as applicable 10
white persons.
But we are yet to learn that it requires any
definite time, or any concerted scheme, 10 con-
vert an act of homicide into murder in the Sc
cond degree. But says Governor Johnson the
great and essential ingredient to constitute
murder, to witt malice prepense, is therefore
wanting. Does not Gov. Johnson know that
where thehomicde is establ she'd the law i'm
plies malice, and that it is incumbent on the
prisoner to justify himself and rebut this pre-
sumptionl Here, the fact that Hatcher is gull
ty of the homicide is admitted. Suppose they
had both been white men-suPposc Hatcher.
being white, had been attacked by Jackson in the
manner he was-would that have justified him.
in legal estimation, in taking the life Of Jack.
SOM Whatever be the judgment, according
to the code of honor, by the written law ofthe
land, Hatcher, though white, would, at the very
least, have been guilty of the crime of volunta.
ry manslaughter, and sentenced to the PEN
itentary for some period of time between one
and five years.
He would, white man, have had, it
is true, the right to repel force by force,
even to take the life of Jackson, to save
his own. or prevent the commission of known
felony, but he would not have been justified
in law, in using the instrument of death, in
| repelng an attack, which. though disgraceful,
was by no means dangerous.
Be this. however, as it may, this whole view
of the subject, is not only ridiculous but dam
gerous. Has Governor johnson to learn, that
the criminal laws of Virginia make marked
distinction, between the slave and free man,
even between the free negro and white cit
zen-and that to argue by analogy. from the
condition of the one class to that Of the other,
is not only Illegal, but subversive ofthe very
institution Of slavery2 Is it to be principle
OF his administration, that he will commute the
punishment Of negroes in all cases, where
white man would not be held equally guilty 7
Is it principle Of his administration, that he
will apply the same law to the negro. that is
made and provided for the white mani Such
seems fair conclusion from bis letter; vet, If he
does so. he subverts our whole system of Grim
inal Jurisprudence. He speaks ofthe spirit of
the law and the age, of mercy and humanity.
These sound well in the mouth of the phiIan.
thropist, and he may, for aught we care, deny
himself all animal food, feed on herbagc, and
make the wales Of his county ring with sen
timental pirate about the spirit of the age
But, as Virginians, we require Governor,
who sees the exigencies Of the times. the diff.
icuty Of our position. and has the manliness
to act upon them. The spirit of slavery is
fear; the race must lie held in subsection.
In the Army and Navy fogging was for
long time allowed. AT the common law the
master had the right to chas,ise his apprentice.
Under the decisions Of our Courts, the master
and overseer have the right to chastise the
slave. Does Governor johnson mean by
practice to abrogate this law-to put the slave
on equal, nay better ground, than the masterl
He says that Hatcher if white would have
been guilty of misdemeanor. to-wi,: invol-
untsry manslaughter. For this he would be
liahie to fine and imprisonment. But Hatch
er Is black; and Gov. johnson, according to
"ths spirit of the age" has let him off, in effect,