Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1852-07-14
wHOLE NO. ae.

sentences OF death pronounced on slaves,
during the last FIVE fiscal years. the pun
ishment Of rs was commuted. OF these
as, sixteen were convicted of burglary,
FIVE of murder, six for assault with intent
70 kill, eight with arson, one for conspi-
racy and murder. four for rape, and SO on.
making the grayest offences ia the calat
iogne ot human crimes These were some
OF the legal offences Of which these 1S
slaves We're convicted and sentenced 10 bs
hung, which sentences, either br the
courts or the Executive, were commuied.
and the eulpfits transported for he.
have now shown that the Governor
acted in accordance with the Constita.
ton aud laws Of the Stase-that m Tie
opinion Of those who censure him, he se.
ted eonseiesltioasly and in good faith that
such acts have. for near half a century.
been Ofmonthly occurrence, and that the
offence Of Jordan Hatcher was not con-.
mitted under circumstances of unusual
atrocity; and that those who have been
most violent Ia their denuneiation OF 90.
vernon Johnson, have petitioned for. sane.
toned, and acquiesced in, combinations
granted in behalf OF slaves whose offences
were Of equal grade, and committed un.
der circumstances Of the most aggravated
character.
But It may be said that Il Is not so
much the not itself, rs tho doctrines con.
tNined in the message Of the iith Of May,
that furnishes grounds Of complaint.
Now, lot us examine the doctrines con.
tanned in that message, and sec IL thoy
are subject 10 the coarse criticisms which
the committee Of Courts Of Justice, and
the House Of Delegates drought proper
to indulge in, after trampling under foot
the Constitution aud Bill Of Rights OF Yir.
ginia, in order TO consider them In tile
manner and form presented in the Whig
report OF that committee. Twill now read
that part of this message containing The
reasons assigned by the Governor for this
act of communication. He says:
That JseksOn's death was caused by blow
inflicted by Hatcher, there oan be no doubt but
the testimony aud all the attending clFcumSlan.
ces, so Tar from showing that the unfortunate re.
suit was contemplated or desired by the slave,
rather prove that he had no intention Of commits
ting murder, or Of taking the life Of his oyorsser
Mr.. Jackson, Ia any way aud that The untorlu.
nate causualty YVES one Of those results which,
though deeply 10 bo depl0red by all, was not con.
tempiaied by any one The injury was inflicted
by single blow, given In a moment Of great OK.
element aud snferlngi and without any effort
TO inhiet tnrlh'r injury, the boy r1u from lhe
effort was but TO escape tbs chastlsemshf hs wah
resolving The great and essential inEtodient 10
constitute murder, 10 witt intent or malice pFe.
psHse was, therefore, wholly wanting,
That the peualty, under such circumstances,
should be death, though perhaps authorised By lhs
letter, Is, believe, aganSt the spirit of our laws,
aud OF the aye, rs u 70 contrary 10 mercy aud hp.
manlty, which are designed for and Oxi6nd6d one
~ TO the unfortunate aud the guilty. If Hatcher
had boan white m1u, the utmost he could have
been charged with would have bsen insilhalfs
homicide or Involuntary maoslaughisr, and ia
tbl. eaes 1t was hut manslanghier Without lniept
TO KILL"
He further adds my ri0kt 10 inter.
pose was clear and unquestionable and
believing 1t TO be exactly one of those ca.
scs contemplated aud provided for BY the
Constitution, commuled tho sentence as
aforesaid" Hhf
Mr.. Lewis here compared the view of
the case, rs presented Ia the petition, with
that presented by the Governor. and
Showed that those sixty citizens OF Rich.
mOnd-among whom were some OF the
highest city iunotionaries, and Rt least 10
city lawyers, including some Of the most
distinguished in the State--not only ask.
cd IL on the grounds set forth In the mes.
sage Of the lith Of May. @6l
Mr.. L. continucd--If, then, fellow .eia.
zens, the Governor erred in bis view Of
the evidence or the law, or Ia the coDclu.
sions he arrived at, ho had high legal and
municipal authority, and he was sustain.
ed. too, In his view Of the law and the
evidence, by Mr.. Joseph r. Anderson,
one Of the city Delegates who. IN behalf
OF the city Of Richmond, had 1.-THE right
TO alter or amend the law"
The Governor expresses opinions Of law
as well As Of the facts proven at che trial.
In tie first paragraph he gives the cir.
cumstances under which Che blow was
struck, and deduces therefrom the object
or intent Of the slave, 10 wit MmAi s'ob.
teet and efO1 1as 6ta to escape from ns
ehGstisemeR he toas re.siviH0" Aud from
this, together with the further facts shewn
by the record, that the slave struck butt a
single blow with an instrument, the ca.
pacity Of which 70 produce death or even
a serious injury, was unknown % the re-.
cord, as 1t was officially submitted 10 him
-he comes to the conclusion that the OF.
fence was Rs0HsLangItter and not btaj,aey.-
II the Governor was right In the view no
took Of the evidence, and IN the opinion
be expresses Of the facts proven, The cor.
rectness Of his legal conclusion cannot be
questioned. II the object Of thc slave
was 70 avoid punishment. and IN his Of.
fort 70 accomplish this object. uninten.
tionally and contrary 20 bic deSien, he
killed his oyerseor, the offence was man.
slaughter and not murder; unless legal
fictiOn-a malignant intention can be
presumed from the character of thei In
strument and the circumstances attending
It's use. The question then at issue With
those who think Jordan Hatcher cnghtto
die, and thosc who think Jordan HALeher