Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-01-01
VIRGINIA COW ENTION.
WEDNESDAY. DEG. co

q.
The Convention met at Il o'clock. The Prcsi-
dent announced the Select Committee ordered YES.
tcrday, viz:-Mcssrs. DodJrdge, Madison, MARSHALL
Johnson, Leigh OF c., Tazewc aud Cooke.
Mr.. SrUAnr moved to take up aifi consider he
resolution heretofore offered by him and laid the
table, in relation to Duclling.
MIR. STUART proposed TO amend by extending
abe provso of the resolution to seconds.
Dir. I..fGH in favor of the Of amnesty con-
famed IN the resolution, but was opposed cngraii
ing permanently in the Cons uon disqual lication
OF the kind contained i'll the resolution.
lle thought it not good policy to deprive the
Legislature of the power of pardonng i'll suci,
ses. There was other nsan of CRIME, III wlich
the power of pardoning was utterly taken away
WHY place tins crime which is most usually COM
m,ted by the young ind unwary from u mistaken
Ut you pleAse) principle of honor, upan Il foot:
ing than other the most atrocious crimes, The Leg
iSlature ought have the power restore to useful
IS, tn, ma wiI in his YOU n llv. 0rf,nced,
bait who by his future life, peaps of ten twenty or
thirty years, has shown his fitness for tie service
al his country. The principle of objectionable crime
IS opposed to all principles of just government
Mr.. L. moved to st ike out all the resolution OK
crypt that granting amnesty.
Mr.. Ns,LoR thought he held amendment in his
hdnds which would obvate the objections of Mr..
Leigh He was very ANXIOUS to have constitu-
floral provision, because he had trembed for the
existence. of the law, that law which under divine
providence, had been the means OF saving so mary
valuabl lives. 1t was necessary to include such
provision in the Constitution, because the law has
bten attacked as unconstitutional. Mr.. Nayor then
altered his amendment which authorised the Leols
fature to- pass law siutiIar the present dycliinr
Tie President decided that the amendment of Mr..
NaYlor was not at present i'll order.
Mr.. STUART thought that constitutional pruyi
siep was necessary because he believed, that the
doubts of the constltutionaty of the of Assem-
bly,, had prevented the act from producing all the
benecial effects it would have-done. lie was orpo-
sad tn giving the Legislature the power of pardon
because every young would believe his own
cuse one of such peculiar circumstances entitle
hhu to the interPosition of the Legislature and thus
it would operate as check at all. The power
unuld probably be exercised with partalitv.
Mr.. II Coy thought the provision ought not to
exist unless it was also adopted by neighborine
States II at present humiliatinr to citizens OF
this State. He admitted the law had done some
good. but he was opposed Inserting constitutions
ID provision on this subject.
Mr.. WIsoS spoke briefly in favor ofthe provision
III reply to Mr.. d. Coy, aud: said this Legislative
provision had produced honor to Virginia instead of
humiliation.
Mr.. NJ COY briefly replied.
Mr.. SrANAnD was opposed to the resolution and
proposed to amend it by inserting after resolved
the words ''that tho Legislature shall have power
- provide by law" &c.
Mr.. DoDDRtpGE in favor of the amendment
proposed by Mr. S.anard
Mr.. MADISON said, in high party times the power
Of DISTINGUISHING was most dangerous power to
iii tho Legislature, and he thought great should
be taken not to give the general pnWer.
Mr.. Rs said he thought the act of the leg
stature subversve Of every principle of free
government. That the provision proposed by RIr
S'anard would III principle, authorize the Legisla.
tGre TO alIX any other Disqualification. Ifun oath
cdn ought to BIO required to crime, why
TAX, oath agans the whole critnes of the dec
dogue? a religious party test oath might be next
required. He opposed TO any corsii; utional pro-
VISION. 1t was better to leave it the Legislature,
and if the people we're disposed to submit 10 this
ard oppressive be it.
Mr. Randolph compared this enactment to tie Span
ISL inqnisiton, and was throughout very eioquGnt.
Mr.. SrANARD admitted that the principle might be
ytanded to the full far MIR Randolph had de-
cared: bnt that the adoption ofta resolution as oicr
cd would BE- a negatUn Of the right in all Other ca
pc adopted whatever might become vt the residue Of
the resolution.
Mr.. NAYLoR justified the principle ofthc act ofthe
legislature against duelling.
MIR. LstGH said he should vote for The oiDcninent
oF MIR. 5tanard because he preferred it TO the orr
ginal resolution
Mr. sSlanard's amendment was then carried
Mr.. JEtGR then moved to strike ont the first
uiu@e of the resolution.
The question divided leaving the provision
for taking the oath for subsequent decision.
And the ayes and noes were ordered
AYEsN esSrs. Homes, Leigh Of CHI, TaylQr Qf Oh.
Giles, DromgoVe, Goode. MarsIIab Copion, Johnson,
npCoy, i}crnc, Siiller, Mason of S. Claiborne Kan
j., Campbell Ruane, Taylor Of Car, Norris Cloyd Ma,
ttews, Duncan, SUMMERS Morgan, Barbour Of G.,
Green, Tazewell, Loyal, Prens GrigsDy, w. Camp
bell, branch, TOwnes, Cabell, Martin God,n rLo,r.
sna, Massie, ia es, Bayiy, PeFrn-I5.
NoIs-Nessrs =. T.. Harbour, Brodnax Alexander
Tyler, NIcholas, Anderson, CoiTur,n, Harrison viii
lSuso0. Baldwin Moore, Smith, baxter, 1rezVaut,
Erqubart YenSbIr, Madison, Stanard Mercer Fifz-
hugh, Henderson, Osborne, Cook, tirggs, 'Nayfof,
Donaldson, Boyd, Pendieton, George M'AIhl.p, Byars
Chapman Oglesby, Laidly, See, Doldridgc, a, Camp
BED. Wilson, Scott Clytor, Ssnnders Stggrt, PeaSants
R0seA Ee-ne, C6Ster, Joynes. UrsHur-Is.