Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1852-06-09
REMARKS OF MIR. SCOTT,
OF FAUQUIER,
In THE HOUSE OF DELEGATES,
On the Case of Jordan Hatcher.


On the Case Of Jordan Hatcher.
Mr.. SCOTT said: That having been alb
sent when the subject under consideration was
formerly before the House, he had, in no way,
partaken ofthe excitement to which it had given
rise. Upon his return, he found the matter re-
ferred to the committee for Courts of Justice, of
which he was member and he was Constructed
by his position to give it his attention.
By the terms ofthe reference, the committee
was instructed to consider the case and report to
the House such resolutions as would be proper
tor its adoption. Divided councils had unfortu-
natey, caused a disagreement among the men,
bers OF the committee, and two reports had been
the consequence. To one Of these his name was
appended, and with slight modification, in a
matter OF mere form, it was identical with what
was now offered as the substitute of the gentleman
from the city of Richmond.
He certainly preferred the substitute to the re-
port of the committee, but he was not satisfied
with either. He should nevertheless, have content
himself with silent vote on the OCCASION and for
borne all participation in the debate but for the
consideration that, under the circumstances sta
ted, his true opinions were liable to be misunder-
stood.
The paper to which his name was appended,
had been originally prepared by the gentleman
from the city of Richmond, who as the acting
chairman, had presented it to the committee
When first read, he bad objected to it, because
he did not think the doctrine of the Executive
was reprobated in terms sufficiently decided and
strong. But it was represented to have been
prepared with view to satisfy the friends of the
Governor, both on the committee and in the
House, and to secure, what was desirable united
action on the part of all. 1t certainly seemed to
contain as little as could we'll be said on the &C.
casion; but rather than be the instrument to east
discord among his associates, he had yielded his
acquiescence. After its rejection by divided
vote of the committee, he had united, too in pre-
senting it to the House. But, now, he was con-
strained to say that the resolutions with which it
concluded fell very far short of the condemnation
with which, in his judgment, the doctrine of the
Executive ought to be met, and he dissented, al
together, from that part of the report which eX-
pressed satisfaction with the second or explana-
tory message.
After stating that the act of the Executive,
with the reasons assigned for it in the first mes
sage, had tendency to produce spirit of insub-
ordination dangerous to the community, the re-
port proceeds: "In this aspect we should deem
it a proper subject for further comment, were it
not for the sounder views presented in the latter
message Certainly, the act of the Executive,
with the reasons assigned for it in the first mes
sage, eminently calculated to beget spirit
of insubordination dangerous to our peace, and
we'll merited comment. A master, in the at
tempt to infict moderate chastisement on his
slave, had been resisted by the offender, vio-
lently cast off in the struggle, and slain with
blow from an iron poker, which fractured his
skull. The first message raises doubt whether,
in the opinion of the Executive, any degree of
delinquency attached to the act; whether it was
not case of justifable homicide, or involuntary
mapsaughter. Atthe most he concludes, to use
his own expression, SIT 2cds but neanslaughter
Witbout intent tokU."
If this doctrines prevail there must be an end
of all control and authority over this species of
property, the very foundation of our society will
be rudey torn csunder, and evils become in
1icted on us more intolerable than the machina-
tions cfthe most wicked abolitionists. The owner
and the manager must habitually go armed, and
In their intercourse with their slaves, the slight
estdsturbance of peaceful relations be ever in
danger of leading to the most fatal results. 1t
would be especially so in this community, where
large numbers of this population are collected
together in the manufactures governed and d-
rected by single hand. Now in what respect the
second message repairs the fault of the first, or
renders further comment unnecessary, he was
unable to perceive. 1t is confued strictly to a
single object. The Governor had learned that
great dissatisfaction had been excited by his mes
sage; by some he was understood to deny the right
OF the master to chastise his slave, and he sent
III the explanatory message to set himself right
on that point
Hesays: IL never entertained the opinion, nor
do intend to intimate that the slave would, under
any circumstances, be excused or justified in
resisting the legal authority of his master The
right of the master, or his agent, to punish his
slave, whenever in his opinion he deserves it, is Il
legal right" s'With these views, long
entertained it is almost unnecessary to say, that
in my late message, did not intend to convey the
idea that the relative positions of the white citizen
and the slave to the laws of the country were the
same, or that the exercise by the master or his
assent of the ample power of chastisement given
by the law, furnishes an ercusable or UNSUITABLE
reason for resistance or an exhibition of resent
ment upon the part of the slave"
lnthe first message the offence was stated to
amount to manslanghter at the most, and amongst
the circumstances relied upon to render the homi-
eide to that grade We're the excitement Of passion
arising from the collision, and the suffering pro-
ceedng from the lash. Now, it is known that accor-
ding to the well settled principles of the criminal
law, passion and suffering provocations which,
under circumstances, are permitted to mitigate
the offence of voluntary homicide, and sometimes
TO extenuate it to manslaughter. But to have this
effect the passion must be allowable, the inflic-
ton must be wrongful, and the person giving the
pfovocation be himselfa trespasser. 1t was upon
this view of the law, that when the passion and
suffering of the slave were relied Oh for the miti-
cation of the offence, the Governor was under
stood to regard the master as a trespasser But