Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-12-22

mouth OF The htlc Kanawhai also, Inc ienoh
STRANGE OF sundry citizens OF Barbour county
AGAINST The formation OF new counties, lGe sizes
10 be al Evansville and Buchannon town; ny
Mr.. Bennett: A memorial OF citizens oil Lewis
county. prayine the passage OF an act lof inc
Incarceration OF a company TO construct rali'
road from some point on The Potomac TO some
poin, on The Ohio no, further South man inc
mouth of the Little Kanawha river. ny W.T.
Stephenson A memorial oil citizens OF hhchie
county, praying an appropriation to complete 'ht
bridges on the S.aunton and ParkeTsburS ROAD
On motion OF Mr.. Irving,
The House adjourned.
DEFERRED DEBATE ON THE DUELLiNG LA"
HOUSE OF DELEGATES.
WEDNESDAY, DECEMBER l6, 1886.
The bill concerning offenders against the duel
ling law was taken up on lis passage
Mr.. Mosby had hoped that some older member
than himself would have called The particular al.
tenlon of the House 10 The importance OF ms
subject He regarded this as bill Of genera
amnesty and he locked upon il as adverse 10 lhe
true polio, of the Stale. The convention which
met here in 1929 gave The Legislature The power
10 pass The duelling acl, and il had met with The
entire appreciation oi the whole State. a lar as
he was personally concerned, he hoped this bill
might rass. lie entertained no doubt That some
persons who were misguided may have offended
against the law. and theirs may be cases oil recu'
liar hardship.
Ii W. pass his bill il would have The effect Of
keeping The dueling law still in existence, and
The man who may fight tomorrow would incur
its peusllies, while the one who fought yesterday
would 60 free He regarded il as agains, ccardi-
nal principles, that The Legs AZURE should pass
such laws as lie one before The House-and, al
though he was personally willing 10 grant amnes-
ties 10 private individuals yet lie would net do II
al The expense Of the public morals and policy.
Mr.. Scott said that as this bill was brought be
fore The House By resolution offered by him
self he begged leave 10 say few words. He
thought that 50 lar from being Objectionable on
The score OF public policy, This bill commented
itself 10 public favor. As was said by the gen.
leman from Campbell, il is moi The intention 70
repea the duelIing law. The sole purpose OF The
bill is 10 grant pardon 10 those who had unlor-
lunatcy incurred The penalties OF The duellins
law. We have been told that the power 10 pass
this law was given expressly 10 the Legislature
by The Constitution. That this bill is contrary 10 The
principles OF The Constitution, ne utterly denied.
The law had been in force nineteen years teiore
the Convention MEL The Convention then did
what il is The purpose Of this bill 10 do. So lar
then as that body is concerned, we have The sane
lion Of The example Of those distinguished men
who composed il 1.-THE gentleman from Camp
bell would turn 10 The proceedings 1.-The Conven-
ton, he would fad that instead of being against
The principles OF The Constitution, il was ordered
and comma nded by its spirit. He will also ind
that proposition was made 10 engral section
in The Constitution, embracing The disabilities
which are in the duelling law. By majority,
most overwhelming, the proposition was voted
down, and il proves that it was the opinion OF those
men thai il was mol right 10 make these disahhi-
lies Constitutional. But they gaze The power 10
the Legislature 10 enact any laws upon THIS sub
ice, that they might think proper, and The reason
,hnt il would always be in lis power 70 grant
amnesticr q. -nosc who had incurred it' d'saoiii
lies. They thought, and leit il 10 the discretion oi
The Legislature, that periodical laws for amnesties
nigh, be passed; and !h- gentleman from Camp
bell would find that no other policy would have
been adopted. Had nollhe Convention lhoushlrhat
The Legislature would have passed these laws
periodically, they would mol have given them The
power al all. What is The extent OF the law
against duelling? II prohibits any one who may
have been engaged in duel, either as principal
or second, from holding any post ofproll, trust or
cmoument civil or military; disabilities cover
ing the whole ground, moi only applicable 10
those who have been engaged in actually
fighting a duel, but extending equally 10 The per-
sons who might have carried or brought the &C.
ceplance Of challenge. The gentleman says
and says with truth, that there may Re cases Of
peculiar hardship under This law; but can We
discriminate in those cases? He thought mol.
am no advocate for duelins, (said Mr.. So nor
the apologist OF The duelisI; but on The conta-
nv, reprobatc its practice He thought hat we
should consider the circumstances by which we
are now surrounded. We know that This prac-
lice is nearly suppressed within our borders, and
he thought tina, the duelling law had been the
means OF checking it. II il has been accom-
pished by This law, then il had pei formed he du-
lies for which il was passed. Will The granting
OF this amnesty revive The Practice Of duelling2-
II This bill be passed, does il follow that future
Legislatures will have 10 giant farther amnes-
iss2 II we look 10 The proceedings Of The Con-
veniion and consider what they thought OF his
sutjcc, We wonld see tina, we are merely trustees
TO carry OUT the principles there avowed; and he
insisted that if they had believed that the Legis
lalure would not al The proper time have pass
ell these laws Of amnesty, they would ne
yer have given them The power 10 pass The
anti dueing law. The disabilities Of thai
act appertain equally 10 al-the boy is placed
in the same category with the old man-the boy
who, in The fervor OF The moment, for some in
dignity offered to himself, or perhaps for an insult
10 his beloved sister, is placed in the same silua-
ton, with The man who is The aggressor. The
friend who acts as The serond and goes on The
field Of battle not to see hloodshed bur 10 make
his inercession most useful, and 10 prevent diff
Guilty, incurs Tie penalty Of this law. Such
cases are frequently 10 be met with, and We have
many in this State who have ac;ed solely for The
purpose OF preventing dnels, and these men who
do their utmost 10 prevent bloodshed, are now Ia
boring under the disabilities of the law. The
gentleman frocl Campbell has spoken OF cases ii
peculiar hardship, but We know what difficulties
we would encounter in separating those oil az
erosion from those Of defence. The only way
We can reach This subject is by a general law.
Any individu. who may have been engaged in
duel, either as principal or second, is dis
quslihed from holding any Office Of profit oi
emolumenI, either civil military He can
neither be placed on The bench nor can he
he prosecuting attorney, nor militia eff
Ger, nor can he hold seat on Ibis floor,
neither can he even hold The Office OF a constable.
If The citizen chooses 10 live within The limits OF
his native Stale, he has forever 10 labor under The
disabilities imposed by this act There is no
hope Of relief Tor him; and they onIinue as long
as our Government may be in existence. How
ever great may have heen the hardships which
impelled him 10 defend his honor, these disabiIi-
ties are 10 be continued forever. Criminals are
better tilhan the person who ncnrs The disabi-
ties Of this act The man who kills his brother
man, and who is confined in The deep, dark dun.
geon, can look forward 10 some end 10 his pu-
nshmeni. He can'o look 10 some day when his
sufferines shall end; but The dueis, has no hope;
the disabilities under which he abors arc 10 en-
duIe forever. He could not perceive why We
should deal so harshy u ith those who have in
CURED The penalties OF This law for he believed
thai, had not The Convention thought that The Lee
gislature would have passed these bills Of amnes-
~, il would never have given them The pow
or 10 pass such an act as the duelling law. And
in looking al the debate in that body, we would
find that its members took The ground that The Lee
sislaiule would d. it Il appears 10 Inc (sad Mr..
S. that il it was wise in The Convention oil 1929
10 grant amnesies, il is equally wise for US 10
pass this bill
This disability is not confined TO civic officers
alone, but il is equally binding upon the military;
and you will perceive that the Governor informs
you that he finds himself narrowed in bis seec-
lions Of officers Tor the volunteer regiment, and
he appeals TO US TO modify this law, so far as il
relates 10 The profession OF arms. If this bill had