The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-11-10

Washington, Jefferson, Madison and others,
phOSe names are conSscrdted IN the affections
of the Southern Ptople-the Debates IN the
Federal and State Conventions iokieh framed
and rdt,fed the Constitution of the United
StdteS-tho~ Which occurred in the first Con-
crosses chich SAT during the Administration
of General WaShingto extracts from
the Debate in the Virginia Legislature in
1892 nth Udrious letters, judicial decisions, &C.
By DANIEL R. GooDLoE, OF NORTH CAROLINA
From fuckers Blackstone.
ON THE STATE OF SLAVERY IN VIRGINIA.
BY ST. George Tucker, Professor Of Law In the Uni
,ersIiy OF william and Mary and one Of the
Judges of the General Court in virginia.
CONTINUED.
To an attentive observer these gradual and
almost imperceptible amendments in our juris.
prudence respecting slaves, will be found, upon
the whole, of infinite importance to that un.
happy race The mode of trial in criminal
cases, especially, is rendered infinitely more
beneficial to them than formerly, though per-
haps still liable to exception, for want Of the
aid of jury. The solemnity of an oath, ad-
ministered the moment the trial commences
may be considered as operating more forcibly
on the mind, than q general oath of office
taken, perhaps, twenty years before. UDanim-
ity may also be more readily expected to take
place among fve men than among ttreipe
These objections to the want Of a jury are not
without weight On the other hand, it may be
observed, that if the number Of triers be not
equal to a full jury, they may yet be consider
ed as more select--a circumstance OF infinitely
greater Importance to the slave. The unanimi-
ty requisite in the court in order to conviction,
is more happy acquisition to the accused
than may at first appear the opinions Of the
court must be delivered openly, immediately,
and eriatim, beginning with the youngest
judge. A single voice in favor Of the accused,
is an acquittaI; for unanimity is not necessary,
as with jury, to acquit as we'll as to condemn.
There IL less danger in this mode of trial,
where the SURFACES are to be openly delivered,
that few will be brought over to the opinion
Of the majority, as may too often happen
among Jurors, whose deliberations are in pri-
gate, and whose impotence of confinement may
20 further than real conviction to produce the
requisite unanimity. That this happens not
unfrequently in civil cases, there is too much
reason to believe that it may also happen in
criminal cases, especially where the party ac
cused is not one Of their equals, might not un.
reasonably, be apprehended In New York,
before the Revolution, a slave accused of a
| capital crime should have been tried by Jury,
if bis master required it. This is, perhaps, still
the law of that State. Such a provision might
not be amiss in this but, considering the ord.
nary run of juries in the county courts, should
presume tho privilege would be rarely insisted
upon.
Slaves, we have seen, arc now entitled to the
benefit of clergy, in all cases where it was al
lowed to any other offenders, except in cases of
consulting, advising, or consplriDg to rebel or
make instruction or plotting or conspirng to
murder any person or preparing, exhibiting, or
administering medicine with an I'll intent. The
same lenity was not extended to them formerly.
The act of l748, G. 81, denied it to q slave in
case of manslaughter or the felonious break
ing and entering any house in the night time
or breaking and entering any house in the day
time and taking therefrom goods to the value
of twenty shillings. The act of 1854 @ g. ex-
tended the benefit Of clergy to a slave convict
ed OF the mansaughter of a slave and the act
of 1872, C. 9, extended it further to q slave
convicted of house. breaking in the night time
unless such breaking be burglary in the lat
ter case, other offenders would he equally de-
prved of it But wherever the benefit Of clergy
il allowed to q slave, the court, besides burning
him in the hand, the usual punishment infict-
ed on free persons) may inict such further
corporeal punishment az they may think fit ga
This, also, seems to have been the law in the
case Of free negroes and muattoes. BY the
act of 1923, G. 4, it was enacted, that when any
negro or muiatto shall be found, upon due proof
made, or pregnant circumstances, to have given
false testimony, every such offender shall, ruth
Out further trial. have his ears, successfully,
nailed to the pillory for the space of an hour,
and then cut of, and moreover receive thirty.
nine lashcs on his bare back, or such other
punishment as the court shall think proper,
not extending to life or limb. This act, with
the exception of the words pregnant circum
stances, was re enacted in 1892 The punish
ment of perjury, in white person, is only a
fine and imprisonment. A slave convicted of
hog -stealing shall for the first offence receive
thirty-nine lashes; any other person, twenty
FIVE but the latter is also subject TO fine Of
thirty dollars, besides paying eight dollars TO
the owner Of the hog. The punishment for the
second and third offence Of this kind, is the
same in the case Of free person as Of slave,
namely: by the pillory and loss Of care, for the
second offence; the third 10 declared felony, to
which clergy is, however, allowed. The pre-
ceding were, until lately the only positive dis.
tinctions which remained between the punish
ment Of slave and white person, in those
cases where tho latter is liable to determn.
ate corporeal punishment ISL But we must
not forget that many actions, which are either
not punishable at all when perpctrated by
white person, OF, at most, by fine and imprson-
ment only are liable to severe corporeal pun
ishment when done by slave; nay, even 10
death itself in some cases. To 90 abroad with
out q written permission IN keep or carry q
gun, or other weapon TO utter any seditious
speech to be present at any unlawful assem-
bly, Of slaves; TO lift tho hand in opposition to
any white person, unless wantOnly assaulted,
are all offences punishable by whipping (56
To attempt the chastity Of any white woman,
forcibly, is punishable by dsmemberment;
such an attempt would be . high misdemeanor
iu white free man, but the punishment would
be far short Of that Of slave Isl To admin.
lister medicine without the order and consent Of
the master, unless II appear not TO have been
done pih an III intent 10 consult, advise, or
conspne, to rebel or make insurrection or 10
eonspiys or plot to murder any person, we have
seen, are all capital offences, from which the
benefit Of clergy 10 utterly excluded. But q
bare intention 70 commit q felony Is not pun
ishsblc 10 the case Of q free white man and
even the attempt il not attended with an actual
breach OF the peace, or prevented by such cir
cumstaDces only as do not tend TO lessen the
guilt Of the offender, 10 ct most misdemesnor
by the common law; and In statutablc offences
in general, TO consult, advise, and even TO pro-