Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-04-16
pDTITICABa
TO THE EDITORS or TIE ENC

paternity of the anii.duelng Statute of Virginia it
occasloned no little surprize to every who had any
knowledge OF the history OF that law And when the
Hon. Francis Johnson of Kentucky in his sketch OF
the characters who composed the cabinet of Ex Presi
dent Adams, claimed Tor Gov Barbour the credit OF hav-
ng originated the school fund bill IL was A cause Of
equal surprise; because il well known 10 many (nd
the journals of the House Of Delegates recorded he
fsct-) that Major William holland Of Louioun had ak.
ed and obtained leave TO bring in these bills and tina,
he. as chairman of the Committees apron,ed.fnr tina,
purpose, had renorted the 10 the House when
Cor Barbour filled the Speakers Chair
Some writer, however in late Enquirer, under the
signature Of " Justice" has en1eavoured TO sustain
Gov. Barbours pretensions 10 the paternity of these
laws; but with disingenuousress, inconsistent with
the character OF the virtue whose signature he
" Sum, cuiquc tribucre" i, sound maxim and a
Christian precert lover Of tina. precept who il the
friend of Major holland asks the use OF a column Of
journal, whilst he endeavours roint out some
the errors into which Justice has fallen, and show
by incontrover'iblc fact that the paternity Of these
laws belongs. in right, 10 Maj. holland.
The ANTI DUELLING LAW.
Before proceed to expose the ftacy Of the state
ment made by Justice with re .pect 10 this Statu,e
deem essential TO fair Investigation, TO give brief
history OF some Of the circumstances which facilitated
its cnac ment.
II must he fresh in the recollection of very many per
for seve al months previous The Of he
Legislature in 1909, the public mind had been
aea'ed in consequence OF several affair, of he nour
which had taken pa"- from causes trivial in their ma
tur", between ccntl,mpn Of high standing in soriety.
N,
of amiabc frankness of heart, distinguished member
Of the bar; Of high Of honor and regard
for repu'aon esteemed by the public and beloved in
the circles Of private friendship had fallen in duel by
a Young unmarried man.
Bernard Pope, Esq. Of Prince William, a married
man with an amahle and Interesting family; memb-r
q TIE State senate; gentleman whose private worth
sterling integrity and pubic spirit had gained for him
the love and esteem of all who knew him had fallen in
duel by the hand Of his neighbour, who was also
husband and a f,,her.
The melancholy q these two boJ 6Ii.
ed the pubic mind with painful soliciuie and their
deeply afflicted widows and orphan children shared
largely OF public sympathy.
Young Smith. gentleman nf the highest, promise
the son Of Gen Smith of Winchester, had been killed
in duel by hi intimate ard bosom fricnl The ia
ents, virtues and anabe qualities OF hi, much below
ed and deeply lamented young man. shed gloom around
extensive circle Of connexions and friends aad oc
casioned his uniimely fate to be dep.ored with the most
pagnant grief.
Gen. Aruistead Mason Of Louloun had been engag.
ed in most sargninarv duel with Mr. Samuel holland,
M Rsa iocn raised in the
they ware nearly of the age and had been init
mate from their earliest b1yhooi.
For ha'tv words spoken in the presence Of wnessAg
they were required to conform tho rules of honor
and to engage in bloody combat II safety nublic opn-
ion In the arrangement OF the duel hev s. ood at the
distance of ten PAGES from each other with two pistols
each, and al the signal given. they advanced an fir
eh at pleasure In the conflict Mr.. holland was severe
y wounded, the ball having passed through boh his
legs IL was wonderful. indeed, that either escaped
This proigali'y OF human life, hs sorrowinr of the
widow and waiting Of the orphan hi. pouring on, of
the best hool Of The land TO conform 10 custom re
lie 81 vandalism called aloud Tor legislative
ard Maj NGatd in the then EXCITED state of pub
lie feeling. rroptous moment 10 check the growing
evil ot dnelling, by turning against il the current OF
public opinion Accordir CIV the attention of The house
was called 10 the subject carly in the ession
(ErtrGcts from the J0urnaIs)
Z" 1909. Friday, Dec. 9th Ordered That leave be
given TO bring in bill "to suppress Dueirg" AMI that
Messrs. holland Parkpr al -, ID,
theriord and Prunty do prepare and bring in the
same"
January 81 Mr.. Nolaod presented according to
order b'to suppr duelling which was re ceiyeJ
and ordered to be laid upon the table"
January 81 The bill "to supprcss Duelling" was
taken up and read. and a motion to postpone the
same TO the 3ls OF March, il de cded in the mega
tive, ayes 20, noes 1876 ordered to be read second
time and referred TO Cosmitee of the Whole House.
en- The State Of the Commonwealth"
The bill was amended in the Committee or the Whole
where it was debated with much warmth and great
ability.
The frs; section Of the present statute which pun
ishes with DEATH The person who kills another in 1u-
II, introduced in the Committee of the Whole bv
Gen. Blackburn Of Bath who sustained it in an elo-
quent and powerful, speech. Gov. B,rbour al,o gave
the bill his earnest and most jealous support in his .
al happy style of eIoqaence. The Till was ordered TO
be engrosssd and read third time.
Jan. 18th. The engrossed bill 10 suppress DusI'ing
wa' iak"n up and read, when Mi holland rose and
delivered his sentiments in support Of the same in
speech which made deep imprs ssiort on the House
Bat " Justice" claims for Gov Barbour the paternity
o the Anti.Duelling law becduss, he states though
il was reported 10 The House by highly respected
gentleman representing the county OF Tndoun il had
received the sanction of the House of Delegates at a
nrevous session, AZ which time it was reported by Mr.
Barbour, sustained by him in debate s. was finally re-
jectedby the Senate. IL afterwards and az sub
sequen' session renewed in The House, and was pass
ed also by the Senate, and became a law Mr. Barbour
was speaker of the House of Delegates and could moi
have '~0ored the bill, bit the of that bOiV had
becn obtained ut former session in its |drOur, when
it was repo ted and sustained by Mr.. Birbour."
The argument of " Justice" Of may so term iO
would bo entitled to consideration had the mem.
bers Of the House Of Delegates who voted the bill
reported by Gov, Barbour, continued to he members
Ill Macr Noland Introduced his bill. and had The two
b also been The same; but Gov. Barbout's bin was
reported by him al ea't sis years before ,r holland
introduced his and as il is well known that the mem
bers of the House elected annually and that great
changes fake place at every election, the argument can
have no weight whatever.
Had Gov. Barbour's bill passed into law, il would
have he'd but little or ct; because affairs of no.
would have been settled in private without The
knowledge of any human being except the parties csn
cerned
II IL tha And.duelling oath s introduced by Msi No
land Into his bill which gives efficacy to the present
Sta'uts 20 Suppress DuelnE. Ills the knowledge Of
tThe chairman who prepared this bin nvailod himself Of
of the provisions n subject,
the rough bills the office Of tho Clerk of tho House Of Delegates