Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-12-24

WHICH would not present itself to the mind nc
,rresisuoie argument against such sentence -
ne hhd Is easily led to doubt, even in ~.
painest case, when the feelings arc strongly In
terested against conviction and the uoores; -. ~.
suist among us, would find in the ovcrpower;n,
cruelty OF this law, something to hallow, cven =
compromise with his conscience
but, sir, let the suppose that in some few in
s'anccs 20" may succeed in enforcing this law
4 apprehend that YOU viii reach only the helm
less anu un!rienied, those who possess no tl,,,n,
TO the strong sympathies of society. And FIR
The same reason, their example would be ti,src,
CARRIED, and its effects confined to the limits or
their own humble hume. But il by any ACCT;
dent, you could succeed in convictinr a ,,nre
prominent individual, you might indeed, pro.
nou"ce sentence of PREPARATION, but all the col
w: lower OF 'hc state could never enforce it.
Who is there of the least Independence of fool
ing or generosity of sentiment, that conla ON
dure to live in the same community with hi.
own vile, and yet not dare 10 claim herr re
there be one such individual in the world be ia
inach too poor IN spirit to be made the sub;ect
OF iessisiat'on, and you would disgrace even tho
penalties OF tins law, by applying them 10 him.
The higf-mnded and honorable man: he ,yI,o,
conld at once, grace the circles of private life
and add to the stock of national usefulness & roc
probability, would sCorn your sentence: he ,xonLJ
shake the dust from his feet against YOU. and
seek Tor protection and happiness under more
liberal institutions. You may thus sir drive vour,
best citizens into banishment; vol NAV dcnrive
inc state OF their wealth, their talents and tlci,
industry; but II is in vain to hope that YOU Wifi
ever prevail on them. to surrender their wives.
and their chihlren. to the despoism of your ,ars.
S'r' have still further objection to tho ex-,
,s''hG law. The punishment wlsich it imposes,
De t's M j'tst proportion to The offence. THERE'S
species of coi,l-bIoodcd cruelty. of JeJibersts.
torture, IN these penalties, which it is shocking
to contemplate. The images which thev nrn.
sent, rush into the mind with such an overnow-
ei'ng rapidly and such an appalling expression.
that 1t Is difficult 10 find language to convey an
s'eiu''e ,uea OF t'icm. Dir, mere pecuniary
hne IS nothing; we can even endure To hook mn,
OH the Chains of the captive, and it is possible 60
l" hardcn the nerves, that they shall bear with,
OUT Shrinking, the tragedies of the gaIIows.
but the idea of separating man and wife: of
breaking by violence, all the ties which unite
them; oi taking away from them all at once and
IN the very flush and gIcw of their lows The oniT,
resting place of their affections, their wishes an
tie'r h"pes; this, sir, is a stroke more torrhIe
tiian death, You rob them OF all that can ron.
der life desirable; you condemn them ia a ;oy.
less existence, without motive, and without oI,
]ect; and without hope; an existence which 70
'he'n is as inc snmbers Of the dead. Sir, the.
punishment OF the murderer is mercy comnared
to this. And ii is not enough that we shouJJ
condemn the parents TO this heartless and NINA
turai wldowhoOd, but our Ingenious crneJtv
pursucs the children also. True sir, we make
them legitimate by act of assembly, but wba1 ia
TO secure them against s'the worlds dread
i"ugh;' what shall repay them for the loss of the
parental protection, the parental lesson and the
parental blessing? The opprobrium of this STA
tutory guilt rests most heavily upon Tive limo.
cent, and 1t robs them at the same time of every
consolation which could make that opprob,in,n
endura5lc. And for what object are all these
consequences to be endureds To pun .
fsli a few individuals for having used the Iba,ty
"hich God has given 10 all his creatures. Of
consulting their own happiness according to
'ne,r own views; for having formed an union.
with which society at large had no proper con,
Germ. which their own consciences full, nm
proved, and which the hottest rites of religion
haa sanctioned! Sir is there any adequate rea
son W ny we Should thrust ourselves thus rudeIv
INTO The very recesses Of the heart9 To punish
imaginary ciime to apply doubtful remedy tn
adonhtiui eVIl, we are content to- look minated
upon the severest agopies of life: the union rs
man and wife forciby dissolved; the circle nj
the hrcside, winch is all the world to them. bro-
Ken up ana dispersed; all their pure principles
Colby repressed; bosoms that were wont to eIo,v
with one common love, compelled into distance
ahi strahSehess. Sir, have no heart to com
pete tie picture. cannot imagine in the
worst CONDITION of society, crime so great AS to-
merit punishment like this; pnnisl,ment
winch breaks up the peace of entire connexions.
and involves the innocent and the guilty. in in
discriminate misery.
Mr.. Speaker, there is law in your sta,nte
oook, which secures to every individual in the
country, the undsturbed exercise of the riohts
OF conscience. This law has become almost -,
part ut our constitution, and we cherish II ,,al,
Jealous regard, as the charter of orr most ve.,,
pie right. Let us not, in this Instance alone.
violate its sacred spirit However we NAV
dIsapProvc of the marriage under consideration
others may view it differently. Let us extend
to these the privilege which we claim for ont-
selves. IT 1t be improperly exercised, the con-
Germ IS between each man and his God, and IL is
NOT our province either to censure or to punish
me evils which gentlemen apprelend, are
wholly imaginary. In Maryland there is no
such law as ours, and in what quarter of the
world shall we find the female charstter moro
pure and exalted? Other states of the nnion
have made similar experiment, and | haze
never learned that their morals are less npre
than ours. Let us at least, sir make the trial
1t will be an effort in favor of human liberty and
IT evil result from il, the remedy is always IN mr
power. Let it not be said that in this are which
processes TO illustrate the principles OF civil and
religious liberty, it is in Virginia alone that the
rights of conscience are either not UNDERSTAND
or not protected.
Wednesday, December 15
Inc Marriage Bill" having been called III,
by Mr.. UpsIur; ~
MIR. WATKINS Of Goochland, rose in repIv top
The argument of MIR. Upshur, the day before
lie SAID, 1T was unnecessary to follow that rem
tie'nan IN all his various windings, and feaTosS