Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-05-27
ExLcrTirE DEPARTagxr.
Nav 10 1859


ExlcrTFE DEPARTMENT. -
May 10, 1859.
II ne G. neral As4rrAy Of ~rideixa:
In the discharge sf my constitutional dnfy ! had ii,
manor to COMMUNICATE 10 your houy an the Ilfh instant
the reasons fpr The communications III the sentence OF tn,
slave Jordan Hatrh~r. l learn ttot the terms IN which
thpsc rca -ons we're expressed hive been misconstrued
ant my views upnn the leli-afe relation. existing be-
tween master and siave nisappr~hendrd. Urvr
THIS grave subject | cannot permit a doubt To be lei
of the views o. the Executive. I never cntertainer
the opinion, nor did l intend tn intimate. that the
slave would under any circumstances be excused %
Justified in resisting the legal authority of his masrcr.-
10 punish the slave whenever in his or iu;oa he deserves
II. u 4 legal right .-re-uits from the btaiarr OF tie prop
: err Itself. and is neeesssry Tor wholesome discipline
atd re>trsnt.-lti j. founded IN thr soandcsi principles
Of public policy. and uur court Gave held That the own
81 If a slav- cannot be indicted for craei or exeessiv.
whipping of his avn slave. Ii the master abuses tfli+
high favor so far o. to con mt crime. lac Is responsible
To the laws of the land. The slave has no rights adverse
tnfhS-c u the ine ster or agent to whom he has e~clcgsted
bs ,rthp ray.
With these views long entsrtsined. Il is almost unrc-
cessary to say, I'm; in my late message. | did not Intend
IN convey the idcn that the rela fiye positions oitns White
citizen and ,le slave to the laws &c the cosofry. were
the same, OF that the exercise hs the master or his agent
: offle ample power of chasti-t mert given by the law,
fii a shes ANY e~xcusable or ~justifable reason for resi--
tsnce, o. AN exhibition Of resentment upon the part ct
the ia a.. Our laws wisely Discriminate between the
panis rsent Of white men and slaves Tor 'imi'ar offences
q I'd amy interpretation IN behalf al the slave, Jordan
Hai5,,tr, 1 did not intend to sPress the convie-ian OF
my /, mi that n slave slioald not suffer death inr offences
b lev the cradc of murder--ln uan, iitstnnees II IS
pro Der in the execution or the ta~s. Epat an "Stniina-
ton al the rrrorr q. jordan Hatcher triaiaad c"hvic-
ton, | came tn The coneluSiou thar Il presented II case
Gr Ire iu~terfarr nee Of The Executive. and comn'nfcd
| tie punishment Il, the only substitute tor the death pm
| alfv provided By the law In stating my reasons- u /
have faiioa, to do so in clear aud distinct terms. IT has
resulted riiier from = want of familiarity with the teen
nica,hes nf the law. than from any disposition to ms
interpre, them. ! hsya Ihe honor 1 > be
feiy respectfully,
JOS. JOHNSON.
REV ,RKs. II will be observed that Cover
nor johnson commences his explanatory LET
ter, by referring to 'the reasons" set forth in
his Official communication Of the 1lth, for COM
rnu,iny the sent .nce of Hatcher. He does not
acknowledge their falIacy, or admit that his
opinion has undergone any change. Tut Is IN
duced TO make this second communication from
an apprehension that 'the terms IN acAich the
~r,asons rere oppressed haze been misconstrued."
In order To determine whether Governor John
son i. correct in supposing that there has been
any misappr.hension of 1.-The terms" employed
ia his message OF the llih. it Will he ntcessa-
nv to look to il and see whether they have
ltcn fntsCcf'st!utu. u ~ S
ceptible of being Misunderstood We there
fore repnblish all that portion Of his first com
munication in which "the reasons" are contain
ed.
.'Tha, Jackson's death was caused by u blow iafict-
nd by Hatcher, there can be no doubt; but the testimony
,cnd all, the amending circumstances, $" far from showing
hat the unfortunate result was contemplated or desired
lay the slave rsth-r prove That he had n" intention OF
committing murder. or of takiug the life III the overseer.
hrJacksonin any way; and that the unfortunate casualty
vas one ofthose result, which. though deeply tobe dePlor-
,l by ahl, was not cont, imputed by any one. The INJURY was
Indicted nv n single blow, given AT 4 moment of great ex-
! Element aHd safer iAg, and without any cffHt To irdHict
urther injury. the boy ran from the building in a manner
sitowing that his object and effort was but to escape !rom
ii c chastisrmcnt he was Receiving. The great and essen
ii = ingr.G. rGt to constitute murder. to nt intent, or mail
i.- prepcnse. wa therefore. wholly wanting. That the
D. naiity uaier such circumstances shouli be death
III ,ugh perhaps authorized by the letter, is | believe,
u; ninst the spirit Of our laws and ofthe age IA it il con-
tr Try TO mercy and humanity. which are designed for and
g. tended only 10 the unfortunate and the guilty. 1t
II ,tcter bad been a white man, the utmost he could have
b, en- charged with would have been justifaoie homicide.
OF involuntary munslaighter, and in this case it was but
m ,nslaugh;er. without intent to Nil. My right to inter
pc Sc was clear and utquestionable. and believing tins TO-.
BE- one Of hose cases contemplated and provided for by
II { Constitution, ] committed the sentence as aforesaid
The power 20 pardon aud commute il a high and sa-
c. ed trust; but it il one in the discharge of which The
L xecutive OF tbs Commonwealth Is responsible only to
b 6 conscience, his Sod, and the State Of Virginia. And
in conclusion. | will say, that although strengthened aud
C, tnhrrnei in my conviction by the opinions of other gen
t, emen. OF high legal attainmenis and moral worth, ct
M own judgment and sense If duty would have led me
To the same conclusion, and to tho performance OF the
same act in the absence Of all such support.
Gov. Johnson is, we believe, a lawyer. He
is provided by the constitution with a legal ad-
wiser, and he expressly declares that he had
been strengthened and confirmed in his
ton by other gentlemen ''of high legal attain
ments," (ciassing himself it will I've perceived
with gentlemen OF high legal attainments =
Notw outstanding this, he tells us that if he
failed to state ''lis reasons in clear ard distinct
terms, it resulted rather frem n want OF il.
D~yiiarity win the chaicaLties of the law,
than from any disposition TO misiuterpret ~
them" 1t is only therefore when technical
terms were employed. that the Governor is
afraid he was not clear and distinct. In the
extract We have given from the communion
ton assigning his reasons" the following tech
meal phrases Occur: murder" malice pre-
pease," ...iustifoble homicide" .inrolvq,ary
maashaughter." granddaughter ,aritAoat intent to
kill" These are all. They are the simple~,and
commenest known To the law. and are under
stood by every school hey who has learned to
read. But giving Governor Johnson the bene-
fit of his plea of ignorance as to the meaning
of these phrases, let us examine the import Of
those passages in his first letter in which no
fechnicaiities occur. and where consequently
he has not called to make his meaning ..clear
and distinct" That Jackson's death was
caused by a blow inflicted by Hatcher here
can be no doubt" The injury was inflicted
by a single blow, given at a moment of grea,
excitement and suffering" THAT the penalty
under such circumstances should be death
though perhaps authorized by the letter, is, ]
believe, against the spirit OF our laws and Of
the age. as it is contrary to mercy and human.
~" "If Hatcher had been a white man
the utmost he could have been charged with
would have been" &c. believing this to he
one Of those cases contemplated and provided
for BY the constitution. / commuted the sen.
~tence." There is no doubtful language, nc
unintelIigible techanicalities here. The Ian.
guage and the meaning are clear and distincs
Upon mature consideration Of the circumstan
ces attending the murder of Jackson. Cover.
nor johnson thought it one of those cases 'con.
I'LL a