Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-24

O
al wrongs la issislating for tn. District OF Coium
his, Congress should not 20 further than any of tho
States have gone. He in any event opposed to
ranking this offence with the iofam Gus OF crimes
Mr. Freiing huyseu said he shoud oppose the RECON-
mnen Of this BILL IL other consij. ration had done
90, the remarks OF the gentleman IRON Mississippi.
(Mr POindexhr had convinced him Of the propriety
OF It's provisions. He was ready to grant that high
minded and honorable had given countenancc by
their example to thisbarbarous usage But would any
man, in this age, contend that was essential 10 resort
to the pistol the s,ileo to avenxe personal iniuric!
He approved Of this bl AID this modc OF legislatng
upon I'll, subject Il saying to these his n. minded
aud honorable men, you persist In this infamous prac.
cce we must show You that there is power stronger
than your false ro'ions Of honor. 1. i, eurd in The
fdcS OF your coun ry and the resn Of your p,rsever-
anss M 81 70 id to Disgrace degradation and many.
MIR. r. said he was about TO state, before he heard
inc remarks OIL tue gentleman from Mississippi, (Mr.
Poindexter) what his own experience had taught him
on this subject In the State which ne had the honor
in part 10 represent, the only way 10 mt down tho
practice, had been found to be 10 brand The act with
iniamy Such measures had been taken and il had had
the desired effect IL would doubtless have the effect
here for when the Legislators of the country put their
seal OF condemnation upon t-when the youth that
ther iather' and legislators were bent putting il
down. would soon grow into dsrepute, and fall under
predolninance oil correct sentiments. Ii trying the
experiment in the State of New Jersey i'm was in.
Decd found necessary show the pains and penal
ties enacted against the offence were meant 10 be en-
forced But when this discovered, and the br, md
OF ntamy was affixed to the crme il had, in IL co ure
ceased TO exs had had the effect OF correcting a. pub
lie sentiment. IL is such evil said Mr. F., as every
good man should unite his influence and his interest in
correcting Mr. r. said in commencing the operation
OF the corrective in New Jersey, fears of some of the
evils predicted by the gentleman did seem TO be iust.
ned But now, since 1t had been rendered infamous, II
the crime was ever committed, il was done bv stealth
only.
MIR. Livingston said the difficulty here encountered
in this BILL proof that il had been hastily drawn
and had not received that attention & digestion which II
required. or this, he before fully aware when he
had submitted his proposition of yesterday which had
been laid upon the table. He had not intended howe.
10 have insrered 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 observations.
Mr. L. said there was, perhaps, subject in crimi.
nal Jurisprudence on which many nconsderate steps
had been TAKEN as that now under discussion Exist
ing laws punish all such offensive words come under
the appelation of bes and SANDERS but not those mi
nor offences under the denomination OF insults In one
the person aggrieved brings his suit al law. In
the other, he sends a challenge. The reason |, obvi
Gus; for these are the only remedies in his power.
MIR. Livingston here introduced letter this sub
Ject referring to the effects of the course pursued by
the state Of Virginia and an advocacy of that policy
which renders dueliss incapable OF holding office In
this Mr. L. said there was high authority for the be-
Iei that the enactments OF Virginia had been highly
beneficial. Mr.. l. said, he differed from his friend
from Mississippi, (r Poindexter) in the idea he had
advanced that the suppression OF duelling would intro
duce the use OF the stileo. IL not i'm the nature
OF the American people 10 such Instruments
ledid not belong to them. But there another evil
to be feared. Ii that of mpuny; the difficulty of
procuring testimony in cases Of duels asd the strong
feelings entertained by jurors themselves i'm excups
ton OF offenders. The of this was obviously
that the punishment altogether disproporonate 10
the offence. Such he conceived to be the case in the
present BILL He would favor the plan of disranchsng
Offenders and thus affecting their pride and ambition as
me surest mode oil preventing the commission of the
offence He should therefore vote for recommitting
the BILL
Mr.. Tyler said he confessed he had not before un
dersood the u force OF this particular provision tho
bill For his own part he was fully persuaded of tho
iaethcacy and inadequacy of all Legislation upon this
subject The idea of preventing dueing by punish
nd layya
ior shutting man up in the PeDitenary for the Of
Ience, was an absurdity Why said Mr.. T., the very
and shall he be deferred by such a motive while hs
braves the hangman's halter?
The gentleman from New Jersey, (Mr. Freiir ehuy.
SEM had attributed The decrease Of the practtye Of du.
eiliDg In his Safe to the enactment of the legislature.
but that gentleman would seriously reflect upon The
matter, he believed he would coincide with him in A..
trltutipg the effect deeper cause than any inas
eaee oil law He mnst also RELY to an observa,ion of
his end from Mississippi. (Mr. PoindexterO who
supposed that the people OF the State hcb he had IN,
lonor In part to represent driven to the use of
the ila''o in consequences Of the enacmeas against
dueliing. e
mr. Poindexter explained. He believed The 10.
Mr.. Tyler said they extremely rare; he had
known oil none since the enacmen:s OF the law against
dushhg Aifhe time o! its en- ctment, such aDticoa.
tons had b'eo barbored but they proved to be
Of The Imagination No such results had flown from H.
Inc operation OF toe law hal had directly the oppo,ita
effect; and h was ieli by those whom il onera,ed an
me merry split of The South would sometimes mani
ts' ltse said Mr. T., in their youag me H. and rsut
IN challenge to hight duel. His experiences taught
MN 'oat the consequence greaisr degree of ,r.
oAuy IN the intercourse Of ndividuas and he cou,d
sally say there was less personal difficulties or bro,
eNlung IN The circles Of society among his constituents
bau conid be found elsewhere. He could al rbute IL IN
no o'her cause than the he had adverted TO- If
you would put down this evil, said Mr. T. think NOT
10 90 by OF puni hmcn,s. Attack the standing
OF The individuals in their eligibility TO Office and yo,,
cone nearer 10 the root of the offsnee. He agreed
WIN the gentleman from Louisiana, that to shut the
door 10 oice, honor, and emou TO the parcioa,o
III ne oneqce, was the most Eff 'ctual method of cor
| recung H. DO this and the work is Accomplished
Mr. T. said he should have been willing 10 have l.,
the Prov ion stand in the bill reperted bu n
certainly went futher than he was aware Of
Mr. Chambers said from his present situation in r.,
laion TO this BILL he felt what embarrassed and ra
strained in relation TO his action upon it, The oues
ton certainly involved great principle; and in ordor
that the ews of gent might be dcberstelv msda
and calmly expressed in order give ample time for
ITS consideration he would TO lay the bill ON The
table for the present " "''
The motion was agreed to- and
On motion OF Mr.. White, the Senate went inf. ~,
consideration of Executive business; and after som.
time spent therein, '''"o
The Senate adjourned
FRIDAY, FEBRUARY 49,
APPROPRIATION BILL.
On motion of Mr. Smith, of MARYLAND the sen.,.
next TOOK up the ball Tor the support of Cove for
the year 1881. The various amendments repor,ed D.
the Committee on Finance, were discussed Al soms
length. " '""o
Mr.. Tazcwe moved TO strike out the clause n,o,,;,.
ing Tor the payment OF the salary of the Minister 40