Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-03-05

~ststneo respectfully represents, that
'ene years since he incurred the penalties preserib.
"a oy The Law against duelling, from which penal.
ues ne ventures to soci, relief Of your honorable
body.
""hont entering at length upon the many argu.
en's that might be cited against the policy and tn,
justice OF the an,i-duelling law of Virginia. YOU
memor'ali't will content himself with a few brie
suggestions, to which he asks the attention of III,
General Assembly.
Inc trainers OF the present State Constitution
expressly repudated the idea of n perpetual nun.
''hment for the duesL They seem 1, have re-
garoed as contrary to all correct notions of po,i
cal justice to create crime without the possibil,
oil PARDON, or punishment without an end. Ae
eo'uing'y' the proposition of MIR Stuart, OF Patrick
70 make acknowledgements of the person engaged il
uuehins matter OF constitutional provision. wa,
'ost oy n decisive vote-Sce debates Convention
p. 7s6.
Will the Legislature carry out the benign ans
Jus' views oil the trainers Of the Constitution, Or
WIN they, eontradieting all the maxims of moral anc
Ponueai Justice, determine with themselves ntpsr ts
hooiy the present law7 Is il contemplated ere,
70 pass an act OF amnesty to past offenders7 And
REMISSION IS evu to be granted is not this as &,
PERIOD as any for dispensing h1 Have not ,bos,
who have incurred the penalties of The an,;.du.,,
n"s law, borne them sufficiently long to be entitled
now 10 the elemency Of the Legislature3 lbe,.
are enquiries well worthy the consideration of IN,
General Assembly.
Your memoriaist also suggests, whether tia sinh.
st'ution oil limited for an indefinite period. would
&c as encaeious In restraining the practice Of
aue"hg as the present regulations upon the subject
IL seems 10 your memorialist, that civil dsoual
OF ten years duration would so far
win the views and plans OF the ambitious and as-
p'nns, as to exercise al the restraining influence
"nieh could be cxerted by any system of disfrnn.
easement whatever. Those, indeed. who wo,,d
De restrained at all by the fear of dsoual;sc,,;on
would be rs much deferred by disfrancbi,,m.,, oc
~ years as by one Of a longer or even perpe,u,l
duration. Besides, in the event Of this cham.
there would be nothing left to the homes of of.n'
oe's' WIN ten years prescribed as the period of
u'Squa'incaton, no one would dare hope for the in
le''eniion OF Legislative clemency within that ne.
Rod. ' 70
'his view of the subject be not deemed com
p"''ie win sound policy, your memorialist bess
ea'e 'urther to suggest for the consideration of the
'enefai Assembly, the propriety of exchanging fine
ana imprisonment for the penalties Of the pre,en,
law. The avaricious feelings are SURELY AMONG IN.
strongest OF our nature, and with far the larpes,
portion OF mankind, predominant over most r. M,
all, others; while, with those most comuor,,, ,
ecu u" uue'lins' Imprisonment presents as forcibe
@" "ou''SS 10 the Fears, asany human penalty tina,
can be devised.
Dut there is ono defect Of the present anti duelns
Ia" winch calls oudy for the interposition of The
Legislature, and the remedyug of which. your me
oriaiist earnestly believes will 20 farther than
o'her provision in suppressing the practice of duel
ling.
reference Is had TO that feature of the present law
winch visits the same penalty upon the individual
mat challenges but does not actually fight n duel
as upon him who does both.
discrimination that should confne disouali6
cation to those who actually fight duel, and to the
seconds OF those who actually fight would exercise
the haPPiest influence in restraining the practice.
1t must be conceded, that in most cases in which
challenges are passed and accepted. an omic,hl. A.
rangement might be effected by the intervention o,
o'screet seconds. II these would undertake their
once with sincere desire TO settle the cases of
their Principals peacefully, there can be no donh,
That IN most instances-in all indeed, except those
oil peculiar and aggravated outrase-the effns;o, ri
blood and risque Of life might be avoided. TIL.
Principals cannot be expected 10 adjust an,ic,hl
their own differences. The challenge once nos..S
each party becomes particularly sensitive to hmm.
taons OF cowardice, and, therefore, will not r,al,
any advance towards reconciliation. Not even will
the party who kn0ioS himself TO be in the u,onr
lake, at this stage, any step towards concession and
peace. lie breads the bare suspicion of tip,idi,v
and sooner than make proposal for peace. will in.
cur the consequences Of actual fight. Under tbss.
circumstances, II is IN the power of the Seconds
only, TO START and having started to effect peace
able adjustment. And if they could be furnished
with adequate motives, there would be yerv few
cases In which they could not avert the Occurrence.
of actual combat and fatal issue.
In confederation Of this view, your m.mo-iolis,
will State, that he was informed by an intsll;,.D,
officer Of the American Navy, that he had bee, n
second in cases, in not one of which had H.,
taken place; and that IN every case the rencon,Ts
was prevented by his efforts to bring ahou, -
peaceabe arrangement. The same Officer eyn,css
ed 10 your memorialist his confident conyiction az
er muen experience, that in 10 out of 20 cases the
responsibility of an actual duel rests npon the &C.
conds. This is doubtless a correct view of the CT
lecL
The great desideratum, indeed OF any anti din.
ellhS law IN the Southern section of the IJn,op .;
TO multiply and enhance motives to the parties con
cerned, TO accomplish peaceful settlements of Affairs
oi honour. 10 expect the entire prevention of The
giving and receiving of challenges is ont Of the
question. 10 abolish in the Southern States IN.
custom OF settling personal differences in The field
Is beyond the power Of human laws TO effect un,iI
radical revolution shall have been wrought in the
temperature education, and natures of the Southern
people Their warm tempers are TO be tanned
their not blood TO be cooled down, below the femme,
nature OF southern feeling; the spirit of cbiynlrv
which, oy education, climatr, and peculiar domes.
gc institutions, forms predominant feature of
southern character, must be subdued and kon;sb.d
ere the mode Of settling personal ndignities bv 20,
sorting TO the hed, be thrown into disrsnn,s
and dIsuse So long, indeed, as the institution of
domestic slavey exists among them, the people of
the South will continue high spirited. bot-blood
ed people, and will cling, despit of all penal enact
ments, TO that mode, which, for centuries nsst hoe
been recognized as the appropriate one for resent,
ing personal indignity and yindicating wounded
honour. lie, m fine, who looks forward TO the en-
ure disappearance Of duelling in the Southern States
may, win equal ProPrIety, wait the coming Of the
In proof OF the correctness of these views il il no
cassary only TO advert 10 the state Of nnl'l;c 60
ION existing throughout the Southern countrv IN
this subject Nowhere in the South, is du,Il NO
regarded as ertme-as thing NAHUM IN ,e7 xii
ing ~ duel, ~ considered "nO murderU A inv
VIII not convict uuellist Of murder. though he
i'ct be proved, man Of talents, with no bIn,
upon ms character but that Of having fought n din
ei who offers himself rs a candidate for Cone,e.e
- never once objected TO because ne mas tbs
SIN Of dusllng upon him. A lady does not decline