Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-01-02

from all hope Of distinction Ia the service o. his country
and no reserve allowed for the pc sbty Of pardon!
lie could conceive Of a case. nay, he knew OF many
cases. "here youths Of the first talents, oil the
integrity oil the rues honour, OF the patriot.
ism, yes and Of the very finest feelings Of humanity
hat ever inhabited the human breast, had been de-
prived by the existing law Of all place in the public
confidence, and all hope Of public employment
He not for atolishiny the law. Let that act
remain in the code; its effects though they might be
we're, not remediless: pardon might he granted
after term OF years. Let the man. who in his needless
youth had committed such offence, but who had Of
erward, by dgen application and unsained course
Of conduct prepared himself for every department of
the service Of the State be left to the mercy of the Le
gsatue, and let the hand Of pardon length be extend
ed to receive him. They were taught on the highest
oil all authority, that the favour of Al
mighty God; and that the penent criminal might be
met by that favour, at the very moment he was
oxpatng with his life, his offences against the laws Of
both God and man. But this crime, arising from
cess or misapprehenson of true honor,
which none could look with such hostility TO believe
ending Acknowledgement. Mr.. L. said he very
sure the gentleman from Patrick, could not and did not
concur in his own personal feelings, with the and
aspect of the Resolution he had offered That gentle
man saw and felt, he well persuaded, the Justice
and propriety OF extending mercy to those who had
heretofore been guilty of this offence. And feeling thus,
how could he think right enact endless exclusion
to all others who should in like manner Offend though
they might afterwards for the crime by ten,
twenty or thirty years of the most useful and exem-
pary life and department. All he asked was that
the State should act in the same manner, what
ever that wight be, toward those who Should Of
lend thereafter, az toward those who had ofTeLded
heretofore The number thus far, not largo it
was, comparatively, very sna-very small indeed
He knew Of hut three four persons situated; and
in every instance they were who stood in
such relation to Society that every body-every bo-
dy,-whout hesiaion, would say, that the punishment
ought 10 be withdrawn
Mr.. l.. sold. that his attention had beecn drawn 10
the subject, when he was in The Legislature Of tho
State. young gentleman, than whom,
possessed kinder hear-a temper less disposed 10 in
jure any one,-nay, than whom, none ever possessed
more oil tie mix OF human Kindness toward the whole
race, was in uled gievousy. He had himself been
present, when the insult was given, and more uD-
indurabe one he had never witnessed in his life; and
he had resented il by challenging the offender. He
would not say, that il was right 10 20 but this lie
would say that at that young mans time Of life, he
should have acted precisely in the same way,
worse. The consequence was, his usion rom all
public affairs ara the exclusion had embi,tered the
residue of his liie (He no more) Why
was such young man deaicd all hope of serving his
country: What crime had he committed? He had
sent challenge. That was his whole offence.
Mr. L. concluded, by expressing his hope, That
amnesty would he extended to all past offenders and
that the Legislature would be left liberty to grant
similar amnesty, when it Should the whole, Judge
it to be expeden, That the true and jus, a ound
i which to place tho matter Let il moi be- that in
Virginia, the offence of sending challenge was the
: only one which could receive pardon on earth -
while murder, treason perjury, and every other posi-.
, Bile crime, were placed within the reach of mercy.
MIR. LEIGH then moved to amend the resolution, by
striking out all that part Of it, which had
d operation.
Mr.. NAYLoR said, that the object of the gentleman
could easily be obaired. by an amendment which he
" held in his hand, and which he should presently ofer
lie telt great anxiety, that such provision as WINS
proposed, should be introduced into the Constitution
i His reasons simple and obvious lie should ba
very willing 10 leave the subject to lie gsative coutro
but he had ofen embled for the existence of the pre-.
sent law, which was in It's operation, hicient and
SO sslu'ary, and which had, he was confident pre-
served already many valuable lives 10 the Republic
lie would call the attention OF the House, to the We
y different state OF things, which had taken place
mat law had been passed, as contracted with that
winch had existed previously. Formerly, hardly a
Post arrived that did bring the int sence of the
iall Of some promising young man, the hope of his
ends of his county These were the yerv ca.
most exposed TO be sacrificed 10 false and imae mary
honour Yet, every Session. the powerful eIorts
had been made to repeal the law, all founded on the
plea, that it was unconstitutional. 1t was 10 remove
that plea forever, that MIR. N. wished see the previ
sion in the Constitution. The most powerful talents
had been brought 10 bear the question and be
3 feared IeH some day they might succeed. Make the
law constitutional, and put end TO all doub, on tho
] subject The Law was founded in the necessity Of
the case. The evil had before remained without re-
straini The laws against murder virtually re-
pealed and no remedy seemed possible till theyr
sorted to one strong passion TO counter balance The force
oil another. The passion which led men 10 pursue th
phantom, -honour mot always a phantom but such
certainly in the bloody field of the duels-could on
~ be met and counteracted by that equally strong pas
sion, which led to seek distinction IN public life
and happily. both passions usually inhabited the same
breast Few fell in dueIs bat such look for ard
to the posse sion of office in some form and MANY
such were eminentiy fitted TO serve their country in
public stations.
MIR. N. offered his amendment, but withdrew and
, modified II, so as TO appear in the following FORM
Resolved That provision ought 10 be inserted in
the Constitution, decarstory of the onstuonaIity of
the Act Of the General Assembly entitled, can act to
suppress DueiDg;" hut extending general pardon to
all offenders against the provisions Of the act up 10 the
present period"
Mr.. LEIGH, who had at first agreed to Withdraw
his motion TO strike ont, after the smendmsn had been
modified, renewed 1t. His object to secure an
amnesty, up to the present time and TO leave the entire
7 subject to the Legislatures 10 the future.
Mr. STUART said, that he believed il to be univer.
sally agreed, that Duelling was perncious and bar
barous practice, and ought to be suppressed He unit
ed in The opinion which had been expressed as TO the
sautary operation Of the Statute, the subjects and
believed, that but for the doubt which had been start
time, have succeeded in wholly suppressing the prac
tce But, so long the Legislature should be clothed
with power 10 pardon duellists, the practice would
continue 10 prevail. He wished to shut the door
sfeeinally against IL. The object Of his resoiu-.
ton was prevention. not punishment His hope
was, that public opinion would gradually re cor
rected' III children TO be edu Gated under the
idea That 10 send accept challenge would disauav
4 Ian for all objects OF ambition, they would be free
from much Of the temptation OF committing that offence
But they had formerly been taught that they were bound
to resist insult, and that fighting duel set seal on
them Of honor and Of courage. No wonder
that such Per'1asiou shOud exert powerful effect ON
young and ardent minds Mr. s said be saSv No me-
eess'iy Tor any Constitutional amnesty Ithat was a
that was 10 be left In the resolution; he should prefer
f,se. 10 a..