The General Court,[83] in 1851, decided the appeal of Simeon Souther, convicted in the County of Hanover of murder in the second degree, because his slave Sam had, according to evidence, died under an excessive and barbarous whipping, with other punishments, the whole evidently not intended to kill. Souther's counsel appealed from this sentence to the General Court, asking that the grade of the offence be reduced to manslaughter only, because it appeared in evidence that the punishments were not inflicted with intent to kill. The court, after reprobating Souther's conduct as a "case of atrocious and wicked cruelty," instead of reducing the grade of the sentence already ascertained, decided that it was already too low; and that it should have been declared murder in the first degree. This tribunal granted that it is lawful for the master to chastise his slave; and that the law, as expounded by the same authority, (5th Randolph, 678,) did not sustain an indictment of the master on the mere allegation of excess in chastisement, where it was not charged that any unlawful maiming or other injury ensued. Because "it is the policy of the law in respect to the relation of master and slave, and for the sake of securing proper subordination and obedience on the part of the slave, to protect the master from prosecution in all such cases." ... "But in so inflicting punishment for the sake of punishment, the owner of the slave acts at his peril; and if death ensues in consequence of such punishment, the relation of master and slave affords no ground of excuse or palliation. The principles of the common law in relation to homicide apply to his case, without qualification or exception; and according to those principles, the act of the prisoner, in the case under consideration, amounted to murder. Upon this point we are unanimous." And Souther, although a man of property, and supported by the most active and able counsel, was committed to the penitentiary, (in pursuance of the original sentence, of murder in the second degree,) where he died. Such was the law and its administration in Virginia. [Footnote 83: 7th Grattan, 673, etc.] It may further be asserted that the laws were at least as well administered among us, against the murderers and oppressors of slaves, as against those who killed their equals. Our people had unfortunately imbibed, to some degree, the infidel and fanatical notions prevalent at the North against capital punishments; so that crimes of bloodshed met with more tolerance from publick sentiment than was proper. But when a master took the life of his servant, especially if it were done by cruel punishments, the publick scorn for his meanness and tyranny, and the general feeling of kindliness for our dependent fellow-creatures, were apt to secure a far more faithful execution of the law against him, than if he had slain his white peer for any insult or wrong.