Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-03-09

@e'Saiy 10 enforce the opinion that the traitor,
ousn. ABOVE all other criminals to be banished from
~" . oou"'hs Oh the nation. Surely every good man
VIII agree that these offences ought to be extcr-
minated by all legal means i'm the power of the Lee
sisiature. And every good man will further agree
INA. IL the Legislature have the power to discover
CRIME by AN application to the honorable feelings
oil the inan--if they have the power of satisfying
the law, by destruction of the Troublesome and
expensive trial by jury, that il is incumbent upon
'eth 10 exert that power, and to apply their cheap
and eectual trial by the conscience, to those crimes
OF great and cryin, mischief.
But this is an argument too strong for candid
y Il crifcr IN The Phenir.
men. The most cold hearted coward and Office
h"nter cannot say, even to himsclf that the often
ders under the Anti-Duelliug Law are more desrr
wing of acknowledgements, than the offenders above
alluded to- will desce,, therefore TO , loss now
erful argument, and whether il NAV be called nm
arSuinentun ad honinem, or aryumen tum nd i,,di
cium, leave to my readers.
| Are there no other offences agains, the pub,c
peace and public morals, which for infamy would
vie WIN the offence set forth IN Ro. Douthats petit
ton. Can the christian men of the Legislature de.
NY that gaming, eXtortion and drunkenness belony
TO that cass--upon the high authority so often an
psaie;i to, by reverend gentleman i'm the HOUSE il
can DC proved that thieves covetous. nor drunk
ards nor jewellers, eytortoncrs shall ;nho RI, t.
Ahigdom oii'oo much the high places III the syn
| agoguc.
Is SCANNING vice which religious men will sane
tion: Is 1t vice which Legislators will pardon,
II 1t n vice which Legislators will commit, l. i, ,
vice winch may be punished by confinement in the
reh'tehuary: II be that, religious men will not
sanction t-tat Legislators will not pardon it. no,
commit IT, but punish by confinement in the PEN
ltehtiary, then IS 1t not crime that should be kept
out OF your Legislative Hall? Ought YOU not ia
bau innuc
1t not be prudent to place "the Angel with his fla
ming sword, at the door of your Treasury and o.
uner important departments to guard tie Tree of
Lve the money and honor of the nation from the
proiane touch OF the gambler as well MS the duest
fe men OF morals, yc guardians of the public veal
hasten to apply your cheap system of SALVATION
to This crime--for be We assured that sccpless
nights and tormentng days, such as the gambler
spe'"ls,do not fit him to Lcgslate to the countrys
advantage He is less suited for public trust less
entitled to your confidence public agent than
the boy who a, college violated your Due,ling Law
can anticipate the reply this argunent---to BAN
sh gamblers would be to deprive the people of their
representation. Granted.
Nhat places the cXtortioner on the hiq, road to
public promotion? What gives to him the riyh, a.
Dove other Offenders not only to aspire TO places
olhon9r and oft, but to cry aloud against pardon
ana forgiveness. Whence is derived his right 10 n
more than equal portion of the Loaycs and Fish
es; Is i'll the magic influence CT his s!ye, wand.
ofis II taat lie claims to be chrstianor is it indeed
no longer an o::nce i'll Virginia, Are your statutes
obsolete. or is the usurcr too cunnng for your Ie
gisiatve wisdom: Ifso why not apply this maui
torlal test to the conscientious heart of this often
der Tor experience may be relied on the death in
ncted and the distress created by the cruel opera-
mons oil the uSiirer, terrible than those oc-
casioned by the pistol OF the duelist. Tell me not
mat these men are excluded from Office by public
op'n!oh' say there are To be found among the
set-constituted wise men of ta nation, those who
nave served their friends as Moses did i'm the play
Last, though not least, turn from the door of eve
ny department. the drunkard,et it not be said that
Virginia has invented this mode of furnishing with
OUT Ftfla) the perpetrators of savage and barbar-
Gus practices-tha; to her the credit is due of hav
ing hrst adopted this plan of keeping holy the ave-
nues OF oihce--that she can have her councils and
army composed of good and valiant citizens, with
out to the foul ranks of numbering and
age dueiiiss let not all this be said and vet have
IL published that she cannot keep the same avenues
unProfaned from the beasty tread ofthe drunkard-
let 1t not be said that she has equal laws founded ON
justice and virtue, and that they are equally and
Justly administered, when il can be truly alleged.
and truly printed, to the peoples amazement, thai
there Is but one class of offenders who are punished
by dsfranchsement. and that such punishment is in
| fiicted without trial by Jury.
But forSooth. it is commended that the disGualifca
ton imposed by the anti-duellng law is no punish
nen; because the volators still have the mower of
iocomotion, aud may, in fact, enjoy all the Aonors
and profits which arise to Doctors of Divinity Law
and Medicine--that they may he farmers and me-
chancs. "a Countryman" goes still further, and
thinks that to remove disqualiicatons would be
| to reward us for offences. The soundness of
reasoning like this will be appreciated from its ma
ked statement, by every man capable of forming
opinion But to place this point beyond controver-
sy 1t is only necessary to observe that Robert Do
that, so far from seeking any office or immunity on
ly sought to be restored to all the common rights
which belong to all the free citizens of this common
wealth The question then Is merely this: Is it the
common right of all the free citizens this common
wealth. to aspire to, and to be capable of holding
the highest situations, by virtue of their inherent
and unalienahle rights, citizens, guaranteed to
them by the Constitution, and the Revolution which
gave birth to such Constitution Or, il by acts of
mere ordinary Legislature, that such eligibility is
to be denied to- conferred on, particular dscrip-
ton of persons No man who values the written
Constitution of this land hesitate saw that il
is the common right of all free citizens of this COM
monwealth to aspire TO such situations. Of cngse-
quence then, the statutes, which interdict them
through the medium of the conscience are, in the
strictest sense, PENAL, and are on footing with
those which attach personal or pecuniary palms,
Let it no longer be said that the disqualification i'm
posed by the anti-duens law is punishment
know the number are few who think SOTO an
honorable mind DESTROYS of public esteem, no pun
ishment can be more cruel--To man guilty of Of
fences, which fit him for the Pententary, the pun
ishmcut may seem light and trivial; but we beg to
be relieved from the Judgment of such mon and in
asmuch as denied our trial by jury, we claim,
in this particular, to be judged of by that conscience
which the law has constituted our judge and jury.
Notwithstanding what have said here, and what
have done in my life, shall take the liberty of
signing myself