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


Virginia in very Illuminating condition. They woul
be liable to be in'ulicd with impunity by the ctzcus
all the neghOouring States and OF all surrounding ma
tions lie thought the matter ought 10 be left to the
Legislature. Let them repeal their statute ii they
pleased Let them grant parcons il they pleased. |
seemed hard that |rgnds must bear the insults of al
that chose TO Insult them, aud have their hands tied III
liked TO the citizens OF ther State put upon an cqua
footing with the citizens OF other States lie could no
vote for the Resolution The law hal done good a
home: but il had had an unhappy effect on the citizen.
OF Virginia elsewhere. lie knew that some gen lemer
had elt.s effects IL very painful it related
to the citizens OF other States. lie for striking
all but the amnesty.
Mr. WILSON OF Monongalia, wished 10 offer an oh.
servaion or two in reply the gentleman from Pcndle
tom That gentleman thought that the adoption OF the Re
solution would place the people OF Virginia in huni
aing attitude. The matter appeared to him i'm a very
different light IL seemed to him that in adopting such
amcasure, Virginia leading the van in an attempt
to put down odious practice which had originated in
barbarous ages, and in defence of which no good
whatever could he adduced in so doing he thought
she had acquired more immortal honour than by all her
other achievements. So FAR from being sunk humil-
ated, in his view she elevated State. The gen
eaan seemed to suppose that Vrgnans would be placed
IN degrading situation and be exposed 10 the insults of
the citizens other States and nations unless they
allowed 10 resort TO the pistol the sword lie was not
oil that opinion. Let provision he introduced into the
constitution, which would stamp the seal of perpetual
Acknowledgement on all who would fight duel. Then
let the citizen of another State insult him, and he would
look down upon such man with contempt. He should
say 10 such man, ''you must be cowart--you know
that cannot resent your behaviour by challenging YOU
without blasting forever all my hopes and prospects in
Vrginla:your insult recos upon Yourself: il is YOU
that are the bastard, not -
NJ. M'CoY said in reply, that il public opinion did
not remedy THE evil, nothing that they could do would
avail to prevent it, The gen,lemans observation re-
mind u him OF the Qnakers. He should incline a geo
deal TO he a Quaker, but they would not fight Now
all other nations woui adopt the came plan il they
would all agree 10 do away with wars aud fighting then
h. should tutn Quaker But unless all the other State
OF hs Union, and all other nations would aEree 20 the
bargain, he would n>t consent TO put this clause into
this Constitution. The gentleman from Morongala
had reasoned we'll lie emit ely agreed with him tina,
the man who would insult Virg nan, whose hands
were tied, must be bastard. But the worst Of it was
there would always be such dastards. He was willing
TO leave the matter with the eCislaure where il now
was. Let the law 10 "a much cool as ii could. But
the law would never remedy the evil unless public OPT
Mon went with the law. He believed the practice
was going down fast, BY putting this provision in the
Constitution, he quercd whether they should not do
more evil than good
Mr.. srANARD said, he hoped there would be no
constitutional provision on the subject. lie will
ing 10 leave II with c Legislature, and to the
doubts any existed, to the authority Of that "
TO act upon H. 1t would he very easy TO do so : and
with mat view he moved TO insert, between the word
" Resolved AMI the ords which Immediately follow
ed it, these words " That the Legislature shall have
power to declare by law to make the whole
luton read:
ReSOired, That the Legislature shall have power 10
aec'are by lazy that no person shall be capable of hold
ing or being elected dry poet of profit, trust or eolu
ment, civil or military, under the GoverIm ut OF this !
Commonwealth, who shall hereafter fight duel or |
send or accept challenge, to fight duel the probable
issue ot which may might be the death OF the chal-
lehgcr or Challenged or who shall be second either
patty or shall in any manner all assist in such
duel, or shall be knowingly the bearer Of such cha-
lcnge acceptance. But, person shall he 30 duual
he'd by reason Of his having heretofore fought such
du or sent or accepted such cha-ngr, been .econd
such duel been tn. bearer Of such challenge mr.
acceptance"
MI. GoRDoN said, lha; during The time hr had been
in the Legislature lie had never heard The question
started the CInstIiu;iouallty Ct the Statute but
onya 10 the Constitutional OF that part Of which
applied To meHaeIs OF the Assembly, and which u,
10 add another qualification 10 membership, beyond
those which the Constitution laid down
Mr.. DoDDRIDGE said, that he had heard some of the
alest arguments he ever had heard in The Assembly
in support OF the idea which the gentleman ircrn Al
bemarle sad lie had never lead preached there
Tie had been present on two dh rem occasions when
an appgca ion had been made Tor pardon, and he had
resisted both applications, with firm determination, il
no'sil" TO cause The ) aiu 10 react public opin
q. He had ell with heavy heart. lie had he ard
ths argument the gentleman from Alhemare said he |
had never heard, aud tina, from ahie lips, the
ferred 10 by the gentleman from Chesterfield. fIe |
should consider IL blessing to have all doubts of
Constitutional kind removed from the ac' aud 10 the
law aud public opinion moving harmonic sly oge her
Mr. STUART objected TO Mr.. Sianards amendment,
as not btng imperative, but permissory only. Hit was
only said that the Legislature might pass such Sta
tuie then they might also repeal il again.
lie wished the provision be permanent, and, there
fore, he would make il Constitutional.
Mr. GORDON again declared that lac had never heard
the opinion advanced in the Legislature that the Anti
Dueing Act was unconstitutional in is apple alton t.
officers OF the COmmonwea lth other than members OF
Assembly. HIS friend from Hanover, Cooking to Mr.
hlOrris) would be able TO support him in this view
That gentleman had made able report on the subj CT
bat the votes OF tbs Assembly had been equally Ovid
ed and il was not adopted.
The SESSION. following, the Constitutional question had
been given up AMI the opposition grounded on con-
alterations of expedency.
Mr. Leigh sad that his rccol,cctions CORE poled
exactly with the statement OF the gentr man from Al
he marie He hid be en- himself the first 10 start the
question 10 the constituiionay OF the law. Judge
Roane had been asked his opinion and hal declared tina
the law would not apply TO the OF rhompstn; tut
the understanding was, that he considered il as uncon-
sti'utona, r it applied members Of the Assem-
bly,. Mr. j. said, h. should vote Tor he amendment OF
Mr.. StanaTd.
Mr.. MoRRIs said, th,t the gentleman fom Broole,
MIR D0ddrdgr had heen longer ia the Legislature than
he bad; but Tor himself H. could lay hat he had never
heard il questioned, but the Legislature might anne
such test as WAS required by The AMI Dueling Law
10 The tenure OF office when tie qualifications
presented by the Constitution. In the case the gen.
ileman from Albemarle referred TO- the uncons tuition
atty "as held TO APPLY Ouy where qualifications
were required by the Constitution. But the gentle.
man was certainly mistaken "a to the Lesisature's
having been equally divided tie gentleman and him
feli had been aDlc TO get more than IS votes
doubt hid been argued a. 10 tn cjDstu iooay OF the
Law. This what he referred to. Possibly he had
not heard The gentleman from Albemarle correctly.
Mr.. MADISON said that The amendment would
avoid the recognition OF the general power Of dsfan
residing in the Legislature lie recoI.
lecled, that after the suppression Of Shay's rebellion
an attempt had ten made in the Legislature Of Mas.
sachnses In def. auchise all WIN bsJ initial Il, H. ~