Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-06-09

ct of one, would equally Justify, excuse and OK
[enuate the like act in the other. The gentleman
from Harrison, Mr.. Lewisl had stated such a
proposition, and supposed lie found authority for
Dc in MIR. Davis treatise criminal law. But this
WAS great error. In the language of Mr.. Davis,
he agreed that, in respect to the definitions of
Grimes, and the facts necessary to constitute Them
|there is no difference between one class of per-
|sons and another. But, nevertheless, there is
broad difference between the two classes in res
|pect to the acts which may constitute criminal
fact in any case. Feonious homicide, for exam
pie, is precisely of the same nature by whichever
committed; its definition Is the same, and the
facts necessary to constitute to it are the same.
In word, it must be. in either case, the killing
of a human being wiz out justification or excuse
But circumstances that furnish justification in
the one case, may differ very widely from the cir
cumstances necessary for justification in the 9TH
err So what may, in one case, be allowed as ex-
teuuation. may be disallowed in the other-and
for the plain reason that the two classes stand in
unequal relations to social, political and legal
rights 1t a white strike another with a
cowhlde and the party stricken, upon the instant,
under the passion excited by the indignity, slay
the aggressor, the offence would be manslaughter.
The passion of the moment and the smart of the
indiguity would be allowed thus to extenuate the
homicide. But if master strike his slave, and he
turn upon and Stay him, the offence is murder. Be-
cause the masteri not an aggressor the other
was he has the lawful right administer the chas-
tlsement, and 1t is the duty of the slave to submit
Besides such is his condition in life, that he suf-
ters no degradation from the lash, and is therefore
insensible to that transport of passion which 9TH
erwise, if he occupied different position in life
might for the time deprive him of reason. The
provocation that will be allowed to extenuate the
guilt of voluntary homicide it is laid down, must
be of nature which, regarding man as he is.
might reasonably and naturally have excited his
passions beyond the power of his reason to control
his conduct.
Mr. Scott said. that in view of the important
bearings OF the question under consideration, he
had hoped that we should meet on some common
ground, and adopt with unanimity the resolutions
proper for the occasion. Heregretted to find that
hope disappointed-he regretted to hear the APP
peals that had been MAJ de to party, and to witness
the efforts made to cite the partizan passions OF
the majority. Thus far the appeals were, to a
great extent disregarded, and the efforts at par
ty rally had failed. He hoped such would continue
to be their fate. The subject, in ITSELF partook OF
no party character; its importance extended alike
to all persons and ought to be considered and dis
posed OF freely and dispassionatey without the
malign influence of that disturbing cause. If he
were seeking mere party advantage, nothing could
more surely advance his purpose thap the rejec-
ton by the Democratic majority of all condemna-
ton of the Executive action. But he was seek
ing for no such advantage, his purpose was to dis
charge solemn and responsible duty, and to that
end between the pending propositions he
should vote for the substitute.