Page:A dissertation on slavery - with a proposal for the gradual abolition of it, in the state of Virginia. (IA dissertationonsl00tuckrich).pdf/61

 speedy and easy prosecution of slaves committing capital crimes. In 1723 the governer was authorized, whenever any slave was committed for any capital offence, to issue a special commission of oyer and terminer, to such persons as he should think fit, the number being left to his discretion, who should thereupon proceed to the trial of such slave, taking for evidence the confession of the defendant, the oath of one or more credible witnesses, or such testimony of Negroes, mulattoes, or Indians, bond or free, with pregnant circumstances, as to them should seem convincing, without the solemnity of a jury. No exception, formerly, could be taken to the proceedings, on the trial of a slave, but that proviso is omitted in the act of 1792, and the justices moreover seem bound to allow him counsel for his defence, whose fee shall be paid by his master. In case of conviction, execution of the sentence was probably very speedily performed, since the act of 1748, provides that, thereafter, it should not be performed in less than ten days, except in case of insurrection or rebellion; and further, that if the court be divided in opinion the accused should be acquitted. In 1764, an act passed, authorizing general,