Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-02-21
CON CIR 8 8.

NGRESS.
In the Senate, OH Thursday, the act Tor the pun
ishment of crimes III the District of Columbia, was
read third time.
When the bill had been read through,
Mr.. IIayne remarked that he had not paid that
attention to the bill which would justify his act
Ing upon it. He thought, however. that he heard
the clerk read a clause lin the 18th section) max
ing it penltentary offence to send challenge to
fight duel. He asked that it might again be
read.
After the reading of the 18th section of the
act. which ranks dueling with forgery, and other
infamous crimes,
Mr.. IIayne said he was no advocate of dueling.
lie would be very glad if any means could be de-
vised 10 put an end to the practice. But his ex-
perience had taught him that every attempt to le-
sislate m.reasonatly upon that subject, had only
tended to make the matter worse. 10 class 1t,
as the present bill did, with the crime OF perjury
and its kindred offences, it seemed to him would
be productive of more evil than benefit. Under
these circumstances, he moved TO recommt the
bill to the Committee on the District of Columbia,
to give an opportunity for its revisa in this parl
cular.
MIR. Woodbury. observed that there was ano-
Their clause in the bill which to him seemed rather
extraordnarv 1t was that which made the Of
fence of gambling punishable by confinement in
the penitentiary. He wished, if the bill should
mittee to this clause.
Mr.. Chambers said the clause alluded to by
the gentleman from South Carolina, Mr. Hayne)
that IF dueling had met the attention Of the COM
mittee and the force Of some of the objections had
been felt. In his OWL view of the subject, the
most Objectionable clause was that in relation to
testimony, in relation to duels, where witnesses
were called up in cases Of prosecutions for duels.
He could not say that this was entirely reconcile
able with his views of right; but with regard to
chasing this crime with others Of an infamous
character. it was conceived that the most effectu.
al way of destroying those fatal ideas which hon.
orable and high minded men entertained of the
practice, was to degrade it. and place it on e-
vel with crimes Of the most Infamous hue. This
course, it was believed, would do more to exter-
inmate this fell evil from the land than any other
1t was designed to assign it that low and de-
graded rank, in crimes, which should make it in
famous. and thus save the honorable and high
minded portion of mankind from participating in
it, 1t was evident to the committee that nothing
but public sentiment could correct this great evil
and lit was the sense of the Senate that the pro-
vision of the bill was eXped'ent. it would be shown
by voting for its recommittal.
The view taken by the gentleman from New
Hampshire (Mr. Woodbury. on the penalty for
certain kinds of gambling: also deserves some
consideration. He could however, inform that
gentleman, that the provision was not entirely a
new one: He instanced case in his own state,
(MaryIand,l where an individual had been incar-
cerated in the penitentary for this crime. In rea-
ton to the evidence of this crime also, it is well
known that it was difficult to procureit by any
Their means than through those who were them
selves the victims and were entrapped in the
tolls of the gambler.
MIR. c. said If it was the sense of the Senate
to recommt the bill, he should not strenuously
oppose it, though lie thought as the subject was
now before the Senate, its features could be reg
uated there.
MIR. Woodbury. said, in relation to the clause
which he had alluded to, that OF making gambling
penitentiary offence, he would only remark that
In the state which he had the honor in part to re-
present. and indeed in all the eastern states,
where il was vvheSasd that the people were as
strict in their moral views and feelings as in any
part of the world, the crime in question was On
" punishable by fine. 1t might be that in other
parts where the evil was more prevalent, strong
er punishments were requisite. VI this ne would
not pretend to judge; though in most of the con-
stituticns of the eastern and northern States to
which he lad adverted, clause was inserted de-
claring that no new or inordinate punishments
should be inflicted.
Mr.. Poindexter said that he was not an advo-
cate for dueIing. He referred TO the laws of tie
several States upon the subject; to those Of New
York, Virginia, and, he believed, North Carroll
ma. In those States the penalty for duelling was
from office, and officers were re-
CURED to take an oath that they had not been and
would not be engaged in duel. This was as
far as any Of the States went IN their ensctments