Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-13

Gaze which is calculated la put Ia FIGHT every
apprehension of evil, and Justify the passage
Of tins bill. When the an,i-dHelIiug law went
into operation, the public srntim-mt Was in an
ray against il, and up To- the time az the com
mission of The offence, IL had not se,t!,d down
into an unqualified appreciation uf il. What
then was the condition in which Mr.. Dunfhai
was placed if he tamely submitted tn the
insult he was certain of expulsion from all
honorable society. And il The public SEMI
ment was then either opposed Ia the law, or not
IFS active ally, then there exists in this case a
circumstance which no future case can pre-
sent. For now public opinion was opposed
TO duelling and the strong advocate and sup
porter Of the law. The time had been and
herecollected It although not yet grey, when
il Il man refused to accept challenge, the fn-
ger of scorn was pointed al him and obloquy
rested on him-n0t SO now. few years
since two gallant and distinguished chieftains
OF this country, whose names were Inscribed
ON the roll OF fame, and would brighten and
adorn the pages Of the future historian, came
I'm collision with each other. The one was q
favorite son Of Virginia, the other the pride
of the West. A challenge passed between
them and was refused-apd had the gen
tleman refusing the challenge lost ought ofhis
standing Had he sullied those dear bought
honors which decorated his brow If the trump
VI war was dSdIU 10 SOunQ IN our ears dnO
that gallant man should unfurl his banner,
would not the 'proudrst chivalry of this land
gather around it, conscious that il would
lead to deeds Of high emprize? But for the
change in public sentiment to which he had
alluded, this gallant soldier might in vain point
to the plains of Chippeway and Brdgewater.
In vain, 10 those numerous wounds received
in his country's service. He might in vain
recount "tbe hair-breadth 'scapes'' he had;en-
countered I" in the deadly imminent breach
men would look upon him with loathng, and
his deep mouthed wounds now so eloquent,
would be mute and dumb. On the day be-
fore, the house had been engaged in the remov-
al from Office, of two members of the coun-
Gil OF state-one of the number retained, had
recently declined a challenge il was expect
ed that this circumstance weuld have iDiuri-
ously affected him. For my part never once
doubted but that this house would sustain that
gentleman Being an executive officer it was
more peculiarly his duty not TO have violated
the law whose execution was in part commit
ted To him. What did the fact of his intention
prove but that public sentiment, speaking
Though the members of this house. looked
on duelling as odious, and was prepared to
discountenance resort TO il. My conviction
IS so strong that public opinion is unchangea-
bly, fixed on this subject, that should not APP
prehend any serious danger from repeal Of
the law altogether. Would any man question
that If public sentiment was arraysd against
any usage or custom whatever, hut that such
usage or custom would yield to its influence?
Scion, that great lawgiver, relying on this
powerful agent in the affairs of men, deemed it
unnecessary 10 dcnounce any punishment
against parricide-and it may be fairly ques-
toned whether that crime was more treatment
in Athens without asy law to punish il, than
among us with our statutory regulations
There are many instances Of laws remaining
dead letters on the statute hook, either from
their coming in aid of public opinion which
was so strong of itself as not TO require their
aid, or of their running counter to that senti-
ment with such odiOus or unjust penalties that
humanity forbad their infection. He instanc-
ed the practice which prevailed in olden tim e
and which was sanctioned by laws not yet
repealed by any Legislative act, of deciding
controversies in court by tcager and battle
This custom had originated in the belief that
providence superintendent all the concerns of
men and awarded success only to the Just and
virtuous: experience however served 10 prov.
that =" the race was not always To the swift,
nor the battle to the strong" and superstition
gave up its usage in obedience TO the require
ments Of public opinion. Another practice pre-
vailed which has fortunately shared the fate
of the one Just mentioned. Formerly If there
CHANGED 10 be any very old lady in the neigh
borhood. and the cattle died of disiemper. or
the corn became mildewed, she was deibe-
rately condemned as loifch and sentenced to
be thrown into the ocean with a milestone
around her neck. If she swan, which under
the circumstances seemed impossible, she was
certainly witch and was condemned TO death:
she sunk she was drowned, and there an
end to her-so that the poor old lady was to
die at all events, for other crime than because
ha nId a -.
custom has disappeared before the advance
of LIBERALIZATION, and that public opinion had
excited so powerful an influence in putting it
down. At present, we were under far differ
ent state Of feeng-we under the influ-
ence OF the witchery of rosy cheeks and beam
ing eyes. The gallery was crowded with
lades.] Our grand-dams are permitted TO
passln quiet the time allowed them on earth,
at their own fre-sides surrounded by their
numerous descendants, without fear Of judg-
tent. Whether we have gained or lost by
tnis revolution, leave II to others to defer
mine.
He would cite another instance of the law,
remaining wholly imperative for the reason
assigned. Ii was the provision in the bank
ropt law OF England, which pronounced the
punishment of death against the bankrupt
VINO should purioln, or secrete any part of
his effects. The Lord Chancellor in vain
complains of the frauds committed. In vain
hayeJuries been sworn to try the transgressors
they commit sort of pious perjury, and
refuse to condemn the unfortunate man, who
has done no more than cIothe and feed his
naked and hungry children. II, then, said MIR.
It. public option be in favor Of the duelIing
law, and the case under consideration is one
of hardship and oppression, the House might
with perfect safety pass the bill.
There was another argument which adj
dressed itself to the friends Of the law. Each