Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-23

men, you move heavea and Garth with y ar roe
tests and your resolutions. Act, here at home.
!" relation 10 your own constitution, you torpid
""u 'hu'nsfen'. lcu rsnsacS your imagination anu
TAX your ingenuity TO prove the unconstt utonaliy
OF measures OF the General Government, admitted
oy al 10 be beneficial il they are su,horised; and
by the most inexpica.ie Inconsistency, you allow
your nresides to be Invaded and the most obvious
principles OF constitutional safety to lie iTodden
dow and condemned, without complaint
his condition, this excessive Susceptibility at one
moment, and lethsrey at another, cannot be
sound or salutary. BE worthy of yourselves and
your past renown, and become the consistent and
hrm supporters Unconstitutional liberty at home,
as you are in re pect TO tie Federal Compact.
II Is due 10 myself s. to this House 10 say some-
ming In relation to the act to suppress duelling
an unwilling that my name, humble os i, is, should,
oy any insconception, or pefversion, of what
nave uttered to-day, ever be cited to excuse
duelng, or TO impair the policy which led 10 the
act-to suppress it. l am citizen and father. I
hold the practice in reprobation, as the remnant o
barbarous age; destructive TO domestic hs ppness
ruhous to our youth, a stain and reproach en- tie
morals and refinement of our people. Reason ard
Religion alike condemn it. L. does not, i, never
can attain the objects which il aims AS
mode OF establishing truth and vindicating inno-
cence, ii is as irrational as the ancient ordeal, or
the exploded trial BY battle; for the guilty often
escapes and innocence falls. AS test of courage
II Is ooriousiy fallacious, for towards 6gh, As
an indication OF eleva'ed sentiment and honorable
feeling, II Is wholly decertiYe; for true honor is
! the offspring of reason and virtue
approve not only OF the policy which sought
TO purify Tie land from this contamination hut Of
the means by which that resiorai ion was a,,empt-
cd The evil originated in prejudice in false opi-
Mons OF " hat Is honor able and " oithy The RENE.
dy was properly sought in that very preudice In
government, where Office il open every spirartno
means oil correction could have been so well selected
as disqualification from Office. That practice must
soon cease to be esteemed hon durable in which mo
one distinguished by official station, or by public
conhdence Is found TO participate. In selecting
the remedy oil disqualification, the legislature show
cd the most profound know ledge OF human motive
Ihey enlisted and armed many passions to subire
one The desie of the vain for official distinction
the c,iiiity OF the selfish for Official emol,,ments:
, all lie generous ambition which prompts elevated
: minds TO sacrifice comfort and fortune and life.
tor the consciousness Of contributing to the bappi
ness aud elevation of his fellow.man ali tLsi is
base and sordd, as well ennoblins in our nature
unite, and co operate TO repress, and finally TO ex
trpae The prejudice which leafs to tuelline l
WI. never consent TO the statute from our
CODE But we must never forget, tina, the efficacy
oi pehai laws Is not In the exsc' ratio of their ses
e verify That depends more on the certainty ,lan
the severity Of their ilfiictons Human laws de-
I pend on human agents for their administration
HE heart OF man recoils from the infliciion of
crimes on doubtful or unreasonable punishmen,s
even on 'ne mos, guilty. n wise legislator must
IL
nent. For when he does, the law loses i,s efG
e cacy. Iuolic sympathy surrounds the offender:
PUBIC aohofrence OF his crime j. lost in tublic alb
o horfence OF his punishment. To render a PC
: nal law eihcacious, pubic opinion must sus.
tain the legislative sanction. To illustrate The
imagine that The Legislature made p.ttv larceny
e punishable with death the wheel confi-cation
oi estate, and corruption oil b ood Depend ON /,
no man could thereafter he convicted OF petty lar
ceny. Such law would not only defeat its OH
81 .n.rlI
$ rups justice In her temples, and suborn i,s minis
f tiers al the very altar. Witnesses would avoid
$ your courts, or prevaicae in their testimony "a
.her 'ian subject the offender 10 so severe doom
e LOT so slight an offence Jurors would by s,pious
4 fraud, OF any fraud can be piorsl find or 49,
scTup.es ct fact on law, to elude The law. Law
would be disarmed OF its seruness by the ,o,rar
oil humanity. Your very judges ould not dare ,ot
strike The offender, When they I'D no, do so but
, by wopnding ll.er nature.
i me severity OF your law 10 suppress dueiling
, Is unexanipied. You discriminate in murder auI
every other offence, and graduate the puu.bmen,
, by Inc degree oil the offence. Without discrni
naon, as to age, or circumstances, the statute in
hictsihe same punishment all; on the generous
ana unpIemedilated, though censurable exuberance
, oil youthful ardcr, ard tie cool and deliberate
maDgnry OF practical ferocity. You have affixed
iimit to every other punishment. The yiIsst
, | offender has motive to reformation by the am
nssty you offer him, when the term OF his punish,
'ien' has expired IN this Wisdeneanor. thonoh
, no caei be fought, your punishment follows him
through li!e You take from repentance its
strongest incentive, the hope of forgiveness This
is not ALL Your statute contains tie most unre,
sonahle provisions: For he who Stays another in a
duel is not for III act disqualified by the duellip
law. The misdemeanor is merged in the elouv
and The disqualification forgotten III a higher trbun,i
Tor The murder. If saved from The gaIows bv ,ia
ciemency or justice OF a jury deciding on the CIV.
ehuatins circumstances OF his case, and SEMI TO The
feniten'iary, when his term OF puni.hment has
been reached he returns TO society absoIyea AMI
forgiven But that very man, if he had not FOUGHT
but only contemplated the deed, iinstead of s1ay'
ing his ieow-msn, lie had only challenged him 10
The combat, by peryesion as shocking IN o,r
legislation, is forever be subjected TO The penI,
OF his offence. The attempt is punished ,yilLan,
Limitation OF time the act il xpiat ed by temno
rary infection. We cannot disguise the truth w.
know and ieeI that many OF our most peace,bIs
citizens give 10 the act less cordial suppor, fop
sense Of its undue severity. The yery circnr.
stance that now, on former occasions manv of
our most intelligent and moral counties have zen,
to this House persons who, many years ago. y,
recently, under extenuatng circumstance b,,.-
sent challenges, speaks language neither TO be
misunderstood nor disregarded.
/ A new objection is now started Our ne,,o -,
pass this test oath, right to impose disoua;6esS
| tons on members OF this House are brought 49,,
direct question; not by beardless youths, or men
| resiive under The restrictions which this Lace H.,
| poses; bul by those who love the law but Iovo
constitutional liberty still more; those who ,v;sb,
1 see dueing extirpated, but will not consen, ,o
| purchase an exemption from thai calan,.,..