Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-02-21

minded men in this or in anv other country, had
been involved in duels; and he asked if there
was not reason to fear that the suppression of the
practice would lead to worse result, the intro
ducton of the stetto? II duel!ing were render
ed Infamous orimpracticabe, would MT men hnd
it necessary to wear dirk to defend themselves
from insult? IF 4 man Of independent mind
and honorable feelings partook OF none OF the
characteristics of bully he would still defend
his honor at any hazard. He asked it such 4
result had not been seen in Virginia where pc
naIties had been imposed upon the practice lie
did not advert to that State with any feeling OF
disrespect; far from it; for there were men who
held it creditable to be tenacious of their honor
But he believed that the enactment of severe Pc
nalties would have the tendency OF compelling
men to resort to The knife to redress their person
al wrongs. In Iegislatng for the District OF CO.
lumbia, Congress should not 80 farther than any
of the States have gune. H.. was in agy event
opposed to ranking this offence with the most III
famous Of crimes
Mr. Freinghuysen said he should oppose
the recommiltent of this bill. II no other
consideration had done so, the remarks Of the
gentleman from Mississippi. (Mr. Poiudexter,(
had convinced him of the propriety OF its pro-
visions. He was ready to grant that hsr-nlnd-
ed and honorable men had given countenance by
their example to this barbarous usage. Bat
would any man, in this age CONTEND that it was
essential to resort to the pistol Or the sletto to
avenye personal injuries? He approved of this
bill and this mode of legisIating upon this sub
iect. 1t was saying to these hlgh-minded and
honorable men, if you pcrsl.t IN this infamous
practice, VIC must show YOU that there IS pow
er stronger than your false notion of honor. 1t
is found in the idVs Of your country; and the re-
suit of Your perseverance must lead to disgrace,
degradation, and infamy.
Mr. f. said he was about to state, before he
heard the remarks of the gentleman from Mis-.
sissipp. (Mr. Poindexter.) what his own expe-
rience had taught him on this subject. In the
State which he had the honor in part to represent,
the only way to put down the practice, had been
found to be to brand the act with infamy. Such
measures had been taken, and it had had the de-
sired effect 1t would doubtless have the effect
here; for when the legislators Of the country put
their seal of condemnation upon it-when the
youth saw that the fathers and legislators were
putting it down. it would soon grow into dsre-
pute, and fall under the predominance of correct
sentiments. In irving the experiment in the
State Of New Jersey, it was. indeed, found ne
cessary to show, that the pains and penalties
enacted against the offence were meant to be en-
forced. But when this was discovered, and the
brand Of infamy was affixed to the crime. it had
had the effect Of correcting the public sentiment.
1t is such an evil, said Mr.. +. as every good man
rectng Mr. F. said in commencing the ope-
ration of the corrective in New Jersey, fears of
some of the evils predicted by the Gentleman
did seem to be justified But now, since it had
been rendered infamous, if the crime was ever
committed, it was done by stealth only.
| Mr. Livingston said the difficulty here en-
countered in this bill, was proof that it had
been hastily drawn, and had not received that
attention and digestion which IT required. Of
this, he was before fully aware, when he had sub
mitted his proposition of Yesterday, which had
been laid on the table lie had not intended,
however, to have interfered with the progress of
the bill by making single remark. But since
motion had been made, on which he must give
vote, he would make few explanatory obscr
vations.
| Mr.. L. said there was, perhaps, 40 subject in
criminal Jurisprudence, on which so many IN
considerate steps had been taken, as that now
under discussion Existing laws punish all such
offensive words as come under the appelatlonS
of lbels. and ISLANDERS, but not those minor Of
| fences under the denomination Of insults. In one
case the person aggrieved brings his suit at law;
in the other he sends challenge. The reason
is obvious; for these are the only remedies in his
power.
Mr. Livingston here introduced letter on this
subject, referring to the effects of the course pur-
sued by the state of Virginia; and an advocacy
of that policy which renders dueIlists incapable
Of holding office. In this. Mr.. l.. said, there was
high authority for the belief that the enactments
of Virginia had been highly beneficial. Mr.. l..
said he differed from his friend from Mississippi.
Mr.. Poindexter) in the idea he had advanced
that the suppression of dueling would introduce
the use of the stiletto. 1t was not in the nature
of the American people to resort to such instru-
ments. 1t did not belong to them. But there
was another evil to be feared. 1t was that of
impunity; the difficulty Of procuring testimony
in cases of duels, aud the strong feelings enter
tanned by jurors themselves in excalpation of Of
tenders. The of this was obviously that the
punishment was altogether d,sproportionatc to
the offence. Such he conceived to he the case
in the present bill. He would favor the plan Of
DISTINGUISHING offenders. and thus affecting their
pride and ambition as the surest mode of prevent
-. th of tho offence He ShouId