The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-03-15
GeorgI. Oliver.
9245.

AAHAN8LEa
Plalf in error was indicted in the
Court low for the murder Of his slave
aud cFicted Of nanslsughter. Many
esrhNA assigned here Tor reversal which
sc dgk deem Il Necessary TO notice. in
the " Ee take of this casr. VS. shall
eouhnpr opinion 10 the ~tnSeraehons CON
plain Il.
Thret objection urged BY the plain
Tiff ia ror, 20 the Instructions of the
Gsurt.aates 10 the omission OF the
qualih1On, ard not IA necessary snf-fs
GcarrL the latter clause of the 9th in
-tructa given for the State. IL is evil
dent { this was the idea intended TO be
CONVEX BY the instruction. though per
hAps greater certainty and accuracy,
il wouhave been better To- repeat the
qudih5on in the last clause of the in
saraeN
ItAsther insisted that this ins'ruc-
tidTa aes that the killing wa lin n
cr1ef unusual manner" While in
Ia tTect d Instruction may not b.
,ailaltcAlly accurate. in using the word
"wrr tor IF" in the beginning at the
sentus. We yet think itwAs 50 INTENDED,
anRJtanIialiy conveys the same idea.
lis III further urged that this in-truc-
tiof vs. erroneous, because il excluded
froi a. consideration Of the jury. the
qudio. rhefher me blop infrfsd ea he
nag So, tcaS or not. necessary 10 ousncusae
oiefsisHnce Of the STARE 20 ne laefui a-Ahos ~
q 3 agsf-R This qualification We think
wan0 only material, but relates 20 the
md Important inquiry involved in the
Ca
he th instruction given for the State.
in klat0n 10 the doctrine of .'e0rrernoz"
by be na>trr. we think WAS erroneous.
al estbecause inapplicable TO the facts
shenhn this record. There is no evi
dee ; the case is now presented by the
r,-ofd ending to shoE. that the master
waintnding or attempting to correct his
slna. hstmissiuc % his authority, and ex-
cededt the bounds of due moderation, IN
th-exrcise of that undoubted right.
lids a case Of resistance aud rebel
liot thin the authority and power Of the
only TO be limited. by the ascss-
sify ocasioned by unkagfu{ resistance TO
iuIhori,y. If without necessity or
necessity, in reducing his rebel
los shve to subsection, the master wan
pke his life. he would certainly be
yuty Il murder OF manslaughter, sccor-
b the circumstance OF If the
natar by inhuman or brutal treatment,
the life or limb Of the slave.
nQceresistance necessary on the part of
70 save his life or limb. aud the
the further prosecution OF his
conduct. take the life OF the
ID such conflict, it is equally certain.
thf master would b. guilty of muir
II BIZ. If the master in the exercise of
authority, ia a lawful manner. be
-thted by his slave, then the master may
such force as may be requisite to
AZ slave 10 obedience, ever to the
j & he slave. 1T that become neces-
D preserve the m .ster's life, or 10
ais lawful authority.
H., I%itiOnal submission. and obedi.
Il iatgfui commands and author
or m ister. is the imperative duty
nj I've, rs we'll as the undoubted
= master, and the wisdom and
his rule, is to be traced to the
,eason. that upon its p7oper
q, the happiness and WEATe of
IN Es, in that relation e-essarily
penn
The b instruction gsSen. for the state
,erts 4 proposition, lOitAopa qualification,
tht master has no right TO slay. or /
iict. hat the law calls great bodily
I'm N his slave" &c. In selfde-
,c-. n the exercise of necessary and
sfuId ee, in order TO secure obedience.
mi j both, o. we have already seen.
lh@ obstruction for the State. refers
III dtrine of correction" which we
ID Sstaid. is inapplicable TO the facts e