The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-11-30

Systrn os ssStss sn DC age, aEor cline ,ior
na,ieii, had syev virt"e ~liaiy svayed hu-
snsn o'~"o's a,d scs,Dos was univ~r
sally tiabss TO Se srauspori,, ~itl, 5sassior.
biindsd rssh. icitys ca,,w,sesl viii, vice and
tet nss're wict power. uaHhdsueI wi,a fac
ticn and hired With slsc inst ot domination
let es not alttes CaVseSres-,,c were nut
exempt frr.f. tae con,r,oai iot and ai,ao' the
wise exposition ~ the hiN Ct rights. by the
rex e. establish, ,etsyieas freexloC,, might foe
u time secure his ssun a rsiyi2us test, no
Gt,ccs ',ic was certaicsy 4 possible. perhaps
q p:ooa6le, aud aDs very ,emc,, eveut-Pro.
liable! remote! Sir. said Asr. L. I am pos
s+ssed with a strange delusion. iftAe very
tci1 az Y0esti1 does noe appoio, political
test fear cthrr Instances might be re
cuonsed- Such ere thessSINkyNos. The
END ct all these things is death. Il free
Constitution cannot co exist witt, this danger.
sus ami perriciiai power an the hands of the
ordinary Legislature. 1 recur. there fore, To
the fundamental principle of the revolution,
winch take To 6e--o6sid liriscshi;s-a:.s.
directly srbmi, the ccns.i,utionali,y of this
law To the Judgment Of the Court
II had been plausibly suggested. that it
cannot be unconstitutional TO require one
to ahJure he commission os crime Mr..
-. pursued this doctrine to its consequences /:
III true nn small scale, it was SO on a large
cne--u were 4 constitutional pualifica,io
GO require o' officers, that they Shall abiure
0neuiny, so cheap SYSTEM Of preventive
justice, might be extended beyoad those
pei sops, ard that crime, 60 all persons, and
to every crine and vice of The decalogue-
not To teck n rev ones. which Legislative In
genm'ty. might create. or iaiiuiiug TO the
sixth section Of the act under discussion
uf.hyof''idte .froni ouy sister Stales. What
theDs Would the SIN original of mans
fall, which The rede ewer's blootl---expia
tir, appointed and accepted of divine Jus.
tice and mercy-hatH not vet blo,,ed out
fade and vanish before sns poor earth born
scheme at saivationf Or would crimes and
VICES. spite of this oath, still continre to in
lest the world? Then, said he the only eff
Tee, OF this blessed SYSTEM OF abjuration,
would be, "a heap On the head OF every sin :.
uer, he adventurous guilt of pe,jury--to
forge rac Ks for the conscience and lurtures
Tor the soCi Can such horrid refinement of
tyranny be Constitutional If not against
the w0RD IS 1t not against The SPIRIT,
WHICH declares. that cruel aud unusual
punishnients ought not Co lie Inflicted i''-
Surely. Tie pains directly denounced against
tic --disiran1hisemeht, excom
nlunication and death, for exile is denied
s,9R severe enough and in regard to pro.
tessed pious motive Of ibis law, religious
men, think, might have been content with
furnishing the body, without impiously pre-
pafing the damnation OF the soul
1t may be wondered, why So earnestly
resist that, TO which others are daily and
quietly submitting Care less of the charge
of inlpTudencc, or even os cbstinacy and
deSpising that of presumption ! beg leave
TO state The leading motives Of NY conduct.
In the hrst place, IL understand CORRECTLY.
what IS sriflfhi ana malicious siagie eona.
bar rs forbidden by this Law. one is reoui
N 40 ~ no in, tIN
men sense, bu, the great right Of arnling
with weapons tf death, for dcfeuce against
anticipated violence Il is rot easy 10 re
dnce 80 certainty, what is uncertain both in
conception and expression: / am told, and
hope tISIy, that this construction of mine
IS an erroneous one. But let it be just, which
is my present impiession-an then, it is
moi The power of this court caly, to impose
this oath On me. that world resist. the
Legislature itself, the very majesty of the
people, woaid command ia vain. Sooner
than renounce the right of self -preservati-
on ] would abandon co9atry abjured oil
honor aud berett OF the first privilege of
freedom. All that know NE. know we'll.
that neither fr0gi temper, nor habit nor prin
cipit. am a ducllist: set | SHAH not pre-
Tend, tf.ai approve the policy of this law.
o. two evils would still choose the least
aud would submit it 90 u,en OF The world
W 20 Ofst" sHSiT ftlaftIlS OF az SlSiatlOn from
experience, and would adapt laws, rather
70 re Temper OF people, than to general
theories % cthics--@heI i;er an over nice
sense of honor, or vulgar, mean abuse, an
feeling and ugteit, be preferable in manners
whether this practice of duelliug, or the
sudden rencounter with the spring -bavon-
eted pistol and the dirk, Carried flS they
are.) in the side coat pocket. alway rca-
dy for deadly use--wte'her resentment
or reveHge--te most abhorrent from good
morals, and most dangerous to the peace OF
families and the safety ct socisty-in fine.
whether any thing but strong aud general
sense OF t!ue religion, can suppress the
practice of dueling in the MODERN world
without Tisking TO Substitute that Of assassi-
nation Instances already----hut on this
head foriDear. have convinced myself,
by the argument the court has heard,
that il has no legal power TO impose
this new abJuratioD on me and humble rs
I am. yet as a republican, where my rights
are concerned. "i'Il cavil on The moth part
of an hair" Then, fthe court had sach
power, think il an ab0niination, not To b-
endured in state. the frs article Of whose
bill of rights ranks amOng the inherent, la
alieuabie rights of t6an. 1.-THE means of
acquiring and possessing properly AID par
saing and obtaining happiness and sale y"
tha the law should clog witii any such con
diticrs he mere right Of earning d subsis
teGCe. Some casuisis, indeed, think il not
very console ntious 10 swear. thai one will
never do = particular tC1lJc act bus these