Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-12-25

VI
from James City, YORK and Williamsburg
which on his motion va. laid upon The table
aud ordered 10 be printed. On further motion Of
Mr. d., ordered that The said report he made The
oidrr OF the day cr The 9Th January next.
The following bills were presented
Changing The limts Of holding lhe Circuit SUI
pcrior Coniis oil Law and Chancerv ior Tie
county 81 Princr William;
To revive aud extend the act passed in 1920
authorizing the raising, by way Of lottery, OF a
sum Of money Tor improving Tie Fauquier and
Alexandria Turnpike;
10 amend an acI 10 incorporate Rairoad
Company from the City OF Richmond 10 The
Town ui York, passed March Goth, 1892, and
The act amending The same passed March lgh,
lsJ6
A bill concerning offenders against the act 10
amend an nc, entitled, IAN act u suppress duel
ling was read second lime, and ordered 10 bc
en.ro>sed.
Mr. SCOTT said he understood that oppos-
tion had been made 10 this bill on lis first reading
lie did mol know the ground OF opposition 10 it,
but supposed that il originated in misrepresentation
of lis character. II was unaccountable 10 him
why an effort should have been made 10 sine n
lis birth This little bar;lng II yeas no; monster
deserving such fate. Look al il, proportions.
They were fair lis counienance beamed with
mercy, thai attribute ol divinity on which the best
Of us must rely The bill did not propose 10 re-
peal the duellng law. He was mol in favor OF rs
repeal, hn, merely desired modification OF lis
provisions The practice OF dnelling was con-
demned by every principle ;hey were bound 10
regard as Legislators. Ii was condemned by pub
lie sentiment, and rarely resoIcd To- While he
would dcnuunce the practice, he could not with
hold relief from those who had incurred lis dis
abilities. There was no offence III the penal
code Tor which the offender was deprived OF The
right 10 solicit pardon. In most cases the right 10
exercise The parloning power was vested ex-
clusvrly in The Executive. In sume instances
this power was properly exercised by The Lesis-
laiure. The power Of The Executive 10 pardon
did not extend 10 those who have incurred the
disabilities Of the Duclling Law. II 10 lie exer-
cised al all. il must be by the Legislature alone.
Should oil,nteTS against This law be in worse
condition than all oiher offenders against the
criminal laws Was there any thin. very
criminal in The mere passage or reception OF
challenge, whether death ensued Or not, when il
might tc The result OF molncutaiy cxciiemeni;
that one must be forever placed under the ban Of
the Commonwealth, and deprived for an irdeti-
mite time OF all participation in Offices OF proii or
uus!? There was no limitation 10 The disability,
but that afforded ~ special legislation on the
subject.
The august body lha. framed orr Constitution
declared an amnesty on this subject. To remove
all doubt they Incorporated 4 clause comforting
this power on the Legislature Had they de-
signed 10 make the disqualification perpetual,
they wnul,! have expressed This intention III the
Constitution. A proposition 10 this effect was
made, and alter full discussion, was rejected By
a large majority. The Convention, by solemn
act, declared, that The Disqualification should not
t,t,,,. sion Inn ll 10,
ihus leaving the entire control over the subject To
The Legislature.
The present Law di>qnalifes from all Offices,
civil or military, offenders against rs provisions.
Every officer in the militia every constable. be
fore he can perform The duties of his Office, must
take the oath that he had not violated this law.
The disqualification had hcen incurred by young
men and BOYS, who lhough,iessiy involved them
selves in controversies which, moment alter.
wards, were amicably adjusted. Yet, even the
accessories were excluded for life rom every oil
fee Of emuluncni. Was this right or Just lis
effect was 10 drive many gallant spun, WIZ
had incurred these disabilities, from his Ealive
State 10 seek distinction elsewhere.
His objec, was hot 10 repeal The present law,
but TO grant an act of amnesty 10 all former OIL
ienders-to restore them 10 an equality with their
ieow-citzens This was a question addressed
10 The mercy Of the House. Every man, what
ever his principles might be, could Vote Tor this
biil, without uiI"ncc to my opinion his hrnit held
dear We have before MS me i!insirioaN exam
rle OF the Convention. On thr'r records we
have their perelnplory refusal TO incorporate lhis
disqlalifyins clause into The Constitution.
he held IN ms hand Fri'loil from many ciu-
zens oil The town oil FREDERICKSBURG, win ~hom
he was well acquainted and who "ereeqna ID re-
specablity and intelligence 10 any bHy oil men
similarly constituted IN any community, who
were OF every denomination IN religion, every
party in politics, and rank IN socie'y, requesting
that This change might be made hy The Lesi.ia-
lure, and expressing their sense OF the justice due
10 their fellow citizens II was mol usual 10 ois,
cuss bill on lis second readine, ana ne womb
mol have departed from The practice but lpT me
necessity that existed Tor some explanation oil The
objects OF Inc bill lie wished 10 remove any
nisappIehrnsion that might exist The bill did
not design to interfere with the dnelling law, but
was merely an act oil grace aud mercy. lie
hoped no further opposite would be made al this
time
Mr.. SOUTHALL considered TINS bill ol
the gravesl import. II addressed llsei 10 our
feelings. as well as 10 onr Judgments. He had
moi reflected sufficiently upon the subJcc, 10 be
able 10 decide upon lis merits, and he desired Thai,
the vote now 10 be taken upon lis encrossmenl,
should moi be regarded as test vote Of The sent-
menls OF The House on The bill Itself.
The bill for The formation Of new comfy oui
Of a part OF Tyler comfy, 10 be called "Nhetsel
courtvn was read second time and ordered Ia
10 cnorosscd
Mr. WEST wouid explain his reasons for pro-
no.iun Thai The new county should be calle,
the memory OF Louis Wheisel, who mad dstin-
sui>hed himseli IN lhe ilalah wars on .he IRON,
W.; ~ :, H., a,,I sa,,le,s n his cnun,v TN.
was a tribute due 10 the memory of a licnd OF
freedom, aud OF The men, women and thdren of
that section ofihe Slate. lie knew nohing Of his
politics. nor did he care whether he were Wing
or Democrat il was sufficient Tor him. that he
was an honest man and public bcneaclor
Mir. EDGlNGTON regretted that The history
of that potion Of The State was SO hue Known;
In was our duty 10 nPTpetnatP The memory OIL