Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-02-06
KENTUCKY LEGIsIATURE

Oath against Dueliing.-Mr Hardin from
tie select committee appointed for that pur-
pose, made the following report, viz;
The committee appointed toinquire whether
Edward X. Chew and Thomas L. Barr, are
entitled TO seats as members in the house of
Representatives, have had the subject under
consideration and report
That IL appears that Mr.. Chew and MIR. Barr,
have been duly returned as members of the
house of representatives. from the s0unties of
breckenridge aud Fayette; that they possess
| the qualifications prescribed by tie constitu-
| ton for members; and that they have taken
| the oath TO support the constitution of the
| United States, and the oath of offceaas speci-
| ned in the first section of the sixth article of
! the constitution of the United States, aud the
oath of office as specified in the first section
! OF the sixth article OF the constitutions but
that they refuse TO take the oath commonly
J called the oath against dueliug, prescribed by
the &C, passed al the session of 1911, entitled
an act more effectualiy 10 suppress the prac
tice. or dueiing, and the subsequent laws
amending the same. 1t also appears to tie
committee that this refusal does not arise
from any alledged violation of the general
provisions of those laws but from n besiet that
so much of said laws as requircs the oath TO be
taken, is unconstitutional and void.
These laws in substance, require that all
oficurs of the government shall, before enter
ing OF the dnties OF Office, lake an OATH that
they have not since day therein named
given, accepted or knowingly carried chal-
lenge 90 fight duel; and that they will not
do either during their continuance in sfhce
i0nr committee are deeply impressed with
the banefu influence OF the practice of duel
linz n practice based upnH notions of honor
and equality entirely artificial and falhclons !;
but unfortunately so iUgrafted into our habits
aud manners az te have baf1ed the wisdom OF
legr ttOrs. II was the object of the iaw IN
question to address ia the community al large
The honor ard pride of otilce, the feelings OF
emulation. and the love OF country and array
them against these false notions, and If prac-
niSIlf f,np mn FRY
Ionr committee are satisfied that this law
has already had visible effect; aud they
would with some condolences anticipate
period not very distant, when their influence
would be felt by all; provided similar laws
were CO extensive with orr anion.
when seven years ago, the members OF the
general assembly had determined on this ex
pertinent. as they expected to operate by the
force OF example, II was natural for them to
consent to set the example which they wished
TO be followed by all.
Here without an inquiry into constitutional
privileges, they laid down that rnle for them
selves which they prescribed TO others.
Hitherto the members of the general
sembly, have coAformed to its requistior
whilst it is known many denied its Obligatory
erect. Ii isnow matter OF duty TO decide
the question.
The qualification Of the members Of the
legislature, and their powers and duties are
prescribed by the constitution itself aud in
every we'll regulated government ought to
torn part ct the fundamental laws of tie
land. Once admit the doctrine, that the
legislature cav add to. or diminish the qnaiiii.
cations prescribed by the constitution for its
members, and you allow them 10 enlarge or
,hnIDish the sphere of choice as may suit tie
'Cws of those in poweT.-1he consequences
ca neither be tOreseen nor calculated. The
pc HeTs of the members Of the general
ass emily low directly from the people, and
the addition OF new qualifications as a restric.
tort of the constitutional rights of the people
y onr committee are ofopinon that the law
in estiOn, so far as it relates TO the members
of u general asSenbly,i is of this character.
IT BE- law be viewed a Disqualification
for al offence committed, IL cannot he sustain
ed in siation to members in its present shape.
The COZ Ytitution, article 9th, section 1th re.
its pnnisi vnent, ard requires conviction as the
only eyid Uce of its commission assd prepa.
ratOry 10 conviction, Indictment, trial by Jriry,
cOBirOutii OF witscsseS sc. aud guarantees
tire citizen against becoming by OInDulsiOg
his own acf user: See article 10th, sections
9Th, 10th an, iIth, Of the constitution. II IS
trne, that eat ~ house possesses the power e
expeliing me- piher tor any act which IL may
deem unworth the high station which he
holds in tho got srumeut, but this power car
be exercised " once in relation ~ the
decisonan appea. lJies TO the people IA the con
sequeRt election.
Your committee having taken this view OF
The law in relafio TO the case referred to
them, deem IL their duty 10 declare the same
reasoning and primo Ties embrace the Offices
OF governor and leu enant as we'll SO that OF
members Of the geuc val assembly. 8ut iu
relation to the other Iacers coming IN the
purviswof the law, they san see no wed found.