Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-08

A.
iueIling Law had not 10 hls opinion the
tee. II was public opinion which had done H. Tbrr.
were o,ner states having no such laws, when tn. prsc
use nau oeen useontinued. He mentioned Louisiana
In particular Aud surely the influence of this law had
not operated all these changes
W.T. o.ounax did not perceive that either OF she gen.
ueme' from Doe curt or from Chesterfield, were the
"'en - 10 the measure Indeed OF them seem, d
rahsr hostile to The idea seemed to be- that eyery
mn VINO sent chsi engo was man OF honor. IL
was true, that honorable men had been engn red
IN the practice OF duelng; but they were not the
majority. t thu bill, wodd rro,ec, q .ptlemen
from the attack OF every black guard who might be
hchned 10 quarrel, and quarrel with whom would
at least be disagreeable. The gentleman from Bo,e
tourt seemed to think that the challenger was gene
ra"y under inc operation Of powerful passion, and
That the challenged was perfectly COOL But conld an
individual who had insulted another in such manns
as TO produce the passion described be himself
MASTER oil ms passions? He controverted the arg,i
men' mar puouc opinion and not the law, had done a.
way "e pracuco. In truth, where public opinion A.
lone had been left to operate on it, il existed to
er or less extent e'ear
MIR; An irrson Of b. not tho advocate Of duel.
"uh' OUT ne was oil opinion tina, there were cases in
which It was inc vitable, und even In .6 ,be He VA
uetou' TO suppress duelling Of light and unuecessa
~ nn'. bhh would be impossible to proven, il in
| sAueme cases, by any law which this Legislature
eond pas' But in all trivial cases, the amendnen,
OF the gentleman from Loudpun would proven, il, An
honorable man would not send challenge to man un-
der disability And II he was not an no ,n
tpee1 not be accepted. So far from 10 nut atom IN
nueins, thoss extreme cases to which he alInd.d he
"omgn F" the oest method OF set ling such differences
=, ne question was then taken thu amend,oen, of
Mr Mason which reiec ted-and the suhs,,nt. H..
the "a section offered by Mr.. Brodnax wa, adopted
9Me' brodnax moved to amend the third section. in
relation TO the oaths Of public officers by
compri-ng certain verbal alterations in hs form of tn.
osth, which was agreed to.
Further amendments to tho fourth anil sixth section.
were adopted.
Mr.. Campbell Of Brooke moved 10 .,rts nm, ,ho r.
section He observed that the bill purpored to h, for
ne Prevenusn OF dueil'ng. But this section declared
NAV certain words OF an insulting kind likely to rouse
nose ,engs In which duels generally had their origin
,h'uid oe ac''onabe as ISLANDERS. aud empowered IN
'h'",ted party to prosecute. But an individual who
'u'" SEM challenge Tor such words VIZ re insuI-
wmng, would never commence actoa for sapder
while those individuals who would never tbink of
usnung' would resort to the law; which would the refore
us,eaa o, create quiet, di'quet. He had known
cases Ia which quarrel between two women had b.en
brought in'o cour, unde ,hi. clause of the dueoe act
AMI II surely had never been supposed that tbo.s
puts would lead to a duel. '
MIR. Brodni TX had a word I, s,v n, mi. n,;, T,
LEVIED thathe object Of the original framers of th
secon' was, that rational remedy should he afforded
20 he insulted party that ne might have il in hi no W.
or 10 resort to the law and establish hi, h,
PACING course.-But IL this section were s,rucL o.,
hey should in effect say, that Individual. shonId
hgh. sin resentment OF gross aud injurious, insults
against him ' o'''eu
MT Barbour said, that the idea Of the original
srs OF the old law(and he drew this section hi,naio
WAS - 70 supply apeaceiul, instead of a warike rems
uy' lot 'hose insults aud grievances for which m.
was no remedy in the common law Thus far. / q ona
ration had been beneficial. II il had cau,ed ,oms pa
OF slanuer TO o, tried, which would not otherwise
nave occurred that appeared tring evil in comps,
son TO the general ben Fl of The MEASURE
Mr. Campbell Of b replied that n tbi, bin wa inland
cd 10 extend the scope OF the common law he should
uhper'tand H. But the clause did not andy n ths
caption OF the Bill because it had NOTHING 10 do viii
th' suppression OF duelng. 1t had been good clan,
lot 'ne Lawyers; Ter, since the passage of the old
law, there ha been FIVE cases of SANDER 10 ono %
vous to TINT perol. p
The question being taken, the motion to strike ON,
the h section WAS reected-46 to 6I 'N
Mr.. Brodnax moved the following as ninth a,d
additional section: "
All acts aud parts of acts coming within the pur
VIC" OF his ac, shall be, aud the same are hereby
repealed Provided, That nothing herein con,airsJ
shall be cons rued soias to release or anv
son w1o shall have taken the oath prescribed bv The
nc' enu'ied, :" An act to suppress Dueing," from
Mr.. Barbour thought IL not competent 10 the House
% "uop the proviso 1t appeared 10 him. that il was
mpo,sio,s Tor TINS law to affect any provision of law
winch had become extnct.-He, therefore Objected
20 the proviso. Whsn an act had expited i, conIS
cot be brought to operate on inlivdu,ls through a
subsequent act He, therefore, moved to amend the
amendment, by striking out the proviso.
Mr.. Brodnax contended, that tho law wa, not o..
ureiy repealed by the Constitution but even had II
neen' u was IN the power Of this Law to provide At
those who h I'd taken thu oath under tn oIIhw and
sun held their offices, should be held to their ob,pa
tions. s"
Mr. Barbour could not acceda to the view of the
a cfa
ought to be prospective Either the law had been re-
pealed or 1t had not IL il had been and this was a
new act II was improper to render il eperative nm am,
act done under the old law. '
Mr. Maxwell said gentlemen seemed not 10 under
Stand the principle on which this question was found
ed when this law repeaed the moral chic
ton OF the oath taken under it was eone The 80
then oil THIS prov to prevent the release of
ohcers who had taken the oath under the old act from
their obligations. ' mum
Mr. -odnax said that thi, seemed the onIv courss
ha al 4
duals ia offic, should take the oa,h anu, -
might refuse on the ground that they had already "a
ken IL. Ia
Mr.. BAr'our's motion was then rejected. and ,bs
amendment offered by Mr.. Brodnax was adopted
ne oiaDk was hiled in the closing section making
tue oil In force from aud af err its passage
MIR. Bcodnax moved preamble 10 the hill vOhi.h b
commenced reading. Mr. Ghoson opposed the u,o,ion
su.'ne greund thst u was parliamentary ,oimake
~ a, ths psriod-a preamble being properly moved as
u" ,as' 'nenhmsot preyiJu+ to engrossings
nir Brodoax withdrew his motion
Mr. Williams, Of Harrison, moved I, striks nm, ,h
mira section comprising the test oaths) in ronform
win his proposition att the of the 49,
voc Of 27 to 10. W
Ga motion of Mr. CIaibotn. Tho Cor.,.;,,. - =,
reported. 'ose Snu
Ga motion Of Mr. Mason, Of Frederick, the bill 90
'ad on the tabie-Mr. Brodnax gave notice mai ~.
should call IL TIP on Wednesday ~ "
" moton OF MIR. ma'on Of Frederick the hill g.,
amen me law relative to tbs election of the CORPORA
committed. ' """
o. motion OF Mr.. DAVIDSON,
The House adjourned.
We recommend the following Essay on an AericuI.
iural subject Of Importance to the attention If
readers.
For THE ~ NrOTrJDU