Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-22

beeauss he deems II necessary 10 do co. Ia order 10
save himself from dshonor who Is provoked to send
one by sudeeerved aud wsntou Insults and kills hi.
opponent ncurs as much moral guilt tho assassin
VITO hes 10 wal, by the side, and spiugs sudd.
and without warning upon the uosuspeetipg victim Of
his revenge. Why, then, shouid be be punished i'm
me same msnner! Natural justice 10 sgsius, il. Pc
huedi eSpeosency does not demand II. There Is =
strong and distinct line Of demskston between homi-
eide 10 duel aud all other murder. The duellist
P,,e-. himself on 40 .qua'iy With hi, adversary and
disks hs o"n he. He does conceive ,hat he 10
rp.rsung crime, tut thinks hinFelt csil.S by the
voic. oil hour 10 HE combat; spi IN every instance
The MN who hiss fallen in q duel, had ~. OPTION OF
engaging ~ IT, aud exposing his lite, rc,. These
circumstances greatly eS'enuate Ia. offence, and iur
nsh reasons Why ought TO bs aoned Tor by b.
hxa'o, there is no crime between the extremes OIL
winch 'here wider interval than in this crime OF
iusi!,ns There are eases where the duelli',, 10
moral P9int oil view, L. hardly guilty of any wrong,
whs on the other hand, he who, without good cause,
trvu mere vndlciivs feeling and saug uinarv temper
'ha ehaenge TO the field and say his fellow -nao, is
morally as we'll as legally, murderer. For this rea.
,oh nave thought proper To allow much latitude OF
usefe.on 70 the jury In atiixng the punishment; per-
mN"ns mem 10 ehoose betwe.n impts ,nment for
'we've months and imprisonment Tor term of eixhtee
years; WHEN last Is, by law, the punish III mt of
murder' in the second degree.
nm whelIy opposed TO that Drac ,pe Ie yi,la,iop
"hch wouiu impose the penal on .very off &C.
and hope that every I'll md to justice hers who be.
eves 'hat tue existing law would b. enforced viii unite
Win me In the enceavor 10 wips this stain from our
penal code
Tn. hrs, section of the present acts in ibis dilemma:
IL will either be carried into ef,ct IL we allow ~ 10
stand, or II viii not. IL efectuated II must produce
IS has been shewn, great injustice, and IL no., will
leave large number OF offenders unpunshed Ei,he,
.. 'ne'o results is to be dspored. myself believe
'nai IL never can be enforced. No Jury in Vugiri,
ever did, or ever will, cond smn man TO death for XII
ling his Antagonist in a duel. They would probably
consent TO impr'on him 'or short in IN. Pen.
tsnhsry; but they would not take away his Fie; ard
nothing 10 more unwi.e aud impolic, than to enact
laws which must remain for ever dead letter on our
statute BOOK ard produce no other effect than cause
juries TO violate their oaihs and encourage ia ,h.
that spirit OF Disregard for the laws which Is
| too pre- vaieut.
| The smendm.nt offered by me ba, ,hi. merit. tha,
whilst, IN fact. the punishment proposed q. FAR les,
cruel than death, would carry more terror T. honor
able minds. than death i,ssf-even an isnominiou,
death by the halter sy,t actually far lsss cruel
we should have regard not Only to the indivitu
VINO suffers it, but 10 hs family spd friends. You
| eanuo call dead man back from his grave but YOU
may re''ore prisoner, alter temporary conf smept
20 me bosom Of his family which may be depend
his exsrtons Tor bread AID 10 society, OF which h.
| may be a most valuable msmh.r. Itis puri hmm.
too, that would be inflicted on seconds which death
n'ver wiz be- spd in this wsy be productive oil the
most Wholesome effects. No man who desires 20 fight
dusl now, mests with much difficulty In procuring
second, because that part OF the pr-s.nt Is- winch
imposes the penalty OF deah Ia, to seconds isas
wholly imperative, and |, ia find m an who ne
yer expects 10 he an aspirau for public honcrs and r
whom. therefore, the law has no tsryors Blu, when YOU
nave rendered II probable that the second il di.cover
/ ",
he so easily indueed 10 undertake the Office nor would
an honorable man request h friend TO expose himsef
70 fueh danger and when Won can prevent m en-
from aching as seconds, there will he du-ng
With this am sndment am decdedlv in favor OF IN.
bill before the House The practice which Il tend. TO
sx'trpate i barbsrous one; cot necessary 10 render
men orave pa roic, or courteous towards each
me national character OF V;rgin. i. not less elevated
now than before the passage OF the dueling law: her
national spirit has not d.gsn.rat.d. nor are bar m IN
less brave or lees courteous iowa ard. each Other
bsra bal;
oarbirc age, and sprung not from any hgb and Chi
various regard Tor the point Of honor, not from tina,
sens,o"y OF principle, that chastity Of honor which,
IN the language OF Mr.. Bark, ''felt a stain Xix. q
~oand; no, cir, hut from superstition and fana ian:
me same superstition which gav- rise the ordeal by
nte aho oy water, and to the judicial comha,s. You
KNOW, SIR, that during the middle sg-s it was usual "a
rn.er ciu.e' in conrt to The umpir,ee o. IN. sworl
| "hen an is'ue was made up between the parties Iii
battle because It believed that providence mid
in'erpo'e 10 behalf Of the injured party The nodern
pracuee OF au.iing is the offspring doubt ri ties.
ancient judicial combats The srsti,iou, Motto, "a
which hav. just spoken has long since be an expIoI
go; Let us now get rid otits consequences
Inc oa'h prescribed in that bill il oft objected
a said that 'esoahs o'ious things. II
"' mat oath like the tes.oatbs OF nsand reauired
tnat an individual should swear that he wa, 40, ,
Cathohc, or Presbyterian, or of ony oher parcuIs
:, u would be obnoxious 10 the justest censurs
" "ou'u deserve ihs bitt-ret excavation. Wby wouI
deserve execration, Not, Certainly on account nj
III. uo ".oue OF "ia the mode Of proof tie nsture nj
."' P""s""en', out becacss religion 10 affair he
we ~ man aud his creator, with which no human ibu.
ha mas any right whatever 10 interer: because in such
cases 'h're ought TO be trial, proof and no pun
'somen'' Can this be ssd OF the offence now uuder
eoh'intra"on! Here s crime, which l. Is conceded
merits punishment; upon which the Legislature ma,
nque'ionasly act with propriey and the onlv ohie
uIn mace Il to the mode OF proof Il is freoueni,
asked why not taxa tn. whole dscaogne and reouir
man 10 swear that he has killed: that he has m
-oe, mat he has not born false witness against bi
Tonaa or committed any of'he crimes therein men
uoneh The answer il, because in these case. the
are o'her modss of trial, of proof and OF punishment.
oe"er adapted to than and more Ficacous In a.
tnese case' they, who know Of the commi sion Of IN
crime are willing TO afford information and The iure
10 rot hesitate 20 visit the judgment OF the law upo
~ v'o'a'ors Very few who guilty of the offence
aoo'e ehum' rated, ever SEX publ: honors and if n
rI' '" Teqnirs them TO take cath Of purgs,ion
"ou'd ne productive OF nothing but perjury Thss
",,s"bens do not apply n the duelli.t III. il senrr
h"Y an honorable who will not psIiure bimse n
anu even, IL he base enough 10 do go he wouI,
n1' care to swear that he was ct gully of an
~hch must almost always be committed in the face NJ
Jay, 10 the pre- OF wi e.es-honorstI men VIII
oa'd koow and proclaim his bas.ness. There 10 th.n
J odoger whatsoever OF perjury here In addition to
.s no one IL ready 10 info m against the duet an,
him. NV P0"P' W Pu"Sl
oeps, cir. that the amendment offered will be adop
NJ. .o, and the hill az amepied pass
The foregoing remarks have in our posse.o, r.
Understand, they have boon
Thy nave be'n delayed long under hope our being o
to conpIete the whole Debate-EDrroRs.