Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-02-17

Mr. Miller Of p. said. tina, The clause In reia-
ton 10 dogs, wa, inserted by the Committee
Of Courts Of Justice, al his request, and agreed
TO by the committee, unanimously. so thai
gentlemen we're not correct WHEN they directed
their remarks against tho member from fowl a.
Tau. The reason he bud for proposing tho
clause, was, that The dogs vi free neg o-s had
been in his aud the eighboring counties. very
destructive, killing great numbers OF sheep.
The gentlemen who opposed this clause, aud
agreed To all the others, seemed TO him, IN the
language Of sLrpiure-wilh which the gentle
man from Norfolk was better acquainted than
he was-to a." strain at gHat and swallow
n camel. "--The clause in relation 10 dogs
had not only been approved by the COMMITTEE.
but was adopted by the House. by a majority OF
20.
MIR. Maxwell said he was satisfied with the
explanation. 1.-THE bill had been sanctioned
by the COMMITTEES of Courts of Justice he
should vote Tor IL for the reasons he had sta
| ted but he should do so with mental rase,va-
ton as 10 the dog clause, which lie could not
approve.
Ma, Watcher moved tho reconsideration of
the veto on engrossing tina bill
hlr. Campbell OF Brooke, renewed his mo-
lion for indefniie posiponemeni, On which lhe
question being taken, by ayes and nocs, II was
rejecied--Ayes 90, Noes 90.
Mr.. W,tcher renewed his motion which was
rejestsj.
The question being then pu, on tho passage
OF the bill IL was decided IN the negaIive--Ayes
90. Noes 90,
MIR. Miller of Botctburt from the committee
fRoads aud Internal Navigation, made a re
port, accompanied by bill providing for a
loan Tor the pu,posep OF Internal improvement
which was read, aud ordered to u second rea-
ding by Nvote OF o. TO IS.
THIS bill proposes 10 loan iiUo millions OF dol.
lars, provided Il tan be obtained at an intercs,
not exceeding per centum per annum. The in.
leres' TO he paid sen,i- annually the principal
TO he irredeemabie ior twenty years after which
period 1t shall be redeemable al the pleasure OF
| the General Assembly, &c.
| The bill having bGen read SECOND time by
its TILE, Mr.. Miller of Is. moved thai IL be re-
| leusd 10 the C1mniItee of Tho whole, aud
made the order OF The day ior Wednesday next,
| which was posed by MI. Williams OF H., who
moved that the bill should be made tue order
| for Saturday. This motion was opposed by
Messis. Maxwell, Miller and Preston, Hnd sup
ported by Messrs. Williams aud Claiborne.
Mr.. Goode proposed thai tho bill he taken up
tomorrow. which WAS opposed by MIR Miller
BIB. There was report, which would he pre-
scented tomorrow, and which could mol lie
printed before Saturday. lie hoped the friends
Of the bill might be allowed TO proceed IN that
manner which they thought best. Mr. Ierrili
ais advocated wednesday, which WIS fixed
by the House as thu day on which the b
should be consIdcfed.-On motion Of Mr.. Glib
son The bill was ordered 10 be printed.
SUPPRESSION OF DWELLING.
On motion Of Mr.. Is odna1, The bill 10 amend
and Ie-dnnct, an net Tor the suppression OF Dl-
| cling, was TAKEN up, and the amendments =
greed 10 III the Comm i,tee OF the Whole, being
under confederation, they were seye.aIly hdop.
ted.
Mr.. Brodnax moved a substitute for the 9Th
| section, ~anp,sa !" 'o"mi,,se os the Whole,
| which was agreed to
| Mr. Halliburton moved TO amend the first
section by striking out after the word murder,
the following words - aud suffer death by be.
ine hanged by the nrck'--and insert Ia their
stead these words aud shall be sentenced TO
undergo confinement, IN the public Jail and Pen
nentiary hose fol period not less than II
calendar mont s nor more man ID years, M the
discretion OF jury
MIR. II. supported this mo ion, which has the
effect TO do away capital punishment in cases
OF duelllug, on the ground thnt thu former law
was so severe MS 10 prevent It's execution. He
also considered that there were cases In which
killing N person in dull would not be consi
derei murder IN the first degree. " impriso1-
ment in the PenHeatiary were substituted for
capita punishment many persbDs who had 40
expectation oi Office and would not be de
terrsd by consideration OF the test oaibs,
would be pre-, enled from engaging 10 duel..
| Nj Brodnax preferred the provision oil the
former law. The chief objection 10 the amend
lnrnt Nas that II would couiu e Tue common
law pract 70, and introduce nnne cessary dis.
tinclions IN the definition oi murder. lie
thought there would he danger IN Altering the
law W ch had operated ben fcialiy, Hnh which
had been founded on the principle. that "whoso
sheds mans blooh, 10y mhn shall his blood be
Ieh. 4 al =
! amend neni were approved by tho House he
hoped i would he mod fed, and with that
| yieH he offered an amendment u the amend
mea'.
Mr.. Brodnax propos d TO amend Mr. Ilaly-
bur,ons amendment Ivy substituting these
words, " Shal he held guilty. oil murder. IL the
! GIst OF second desi ee,aceording to the clrcum
/ siancrs under " Inch such duel may have been
fought, 10 be determined agreeably to The rule,
Of law appllcab TO other casts OF murder, and
4 shall suffer death By hanging by the neck, or
undergo n confinement IN the PaDlic Jdl, oI
P,nienliary huusr, for period not less than
five, nor mote than 10 yehts, TO he as certain
ed aud judged a5 ia othrI cases OF murder"
MIR. Barbour supported ihe amendment, Of
ferrd by Mr.. lIalyDurlon, as more cousonaut
with the feelings Of the people, aud more like
ly TO be enforced. lie az 'eed with the gentle
man from New Kent, thai there was class OF
men on whom The test oati did not operate as
a preventive to doeliog, who would pauss at
the idea ofthe disgrace OF imprisonment 10 the
Pe1nentihy. Under the present law the sen
tence Was never carried iuiU effect Besides,
u man about 10 engage IN n duel might not re-
gard the consequences OF the penally OF death.
He might say my hie Is IA my own hands
AMI | viii hazard IL Aud, altho igh there was
su.nelhing disagreeabie IN being hanged, the
dread Of The dlsgrsce OF imprisonment Ia the
Peniteniiary would operate more powerfully tl
prevent the practice.
M. Maxwell opposed the alteration. HeagreeC
with the gentleman from Dinwidde that th
proposition would cont common law p1nci
piles the subject Of homicide. 1he commo,
law made no such dstinc,ion rs was here propo