Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-03-20

THE MANORAtTy

am pesssd TO see that General LAxBIkr has at
taken notice OF the doors upon him. Tor
not interfering to prevent the outrage which has been com
ni'ied against the law, in the unfortunate duel in which
ME- Peasants Lost his life. That melancholy an event
brought about IN such msnncr shouJ up feelings
OF the community, from their proOnndest depths natural
enough and equally natural that those feelings being
thus aroused should seek for Objects upoa which TO
blame Tor the seeming inenc-s OF action hat aided the
contamination Of the deed and Is aso very natural
the world goes when the object started that
OF wrong, without pause reflection, concentrated
should be mace 10 that object down. THIS IT, under
a circumstances. the prior and the burst
the chase, II Is nearly Impossible arrest, iot Inom.nt
the hesdlang impulse. which seeks for victim and
terry regardless 1T whom Beyond this Impulse, too other
motives md tor action. amid th. hety tumuli
at heedlesI passion which, in calmr times, would be an
der resistant and be concealed But surely well becomes
us, when monont breathing time afforded, enquire
A. alter all there not be aud in the hue
and cry, aud whether too be wrong the
quarry pursue.
Censuc cast attempted be cast upon the Mayor
for not having ntcrpossd Justice OF the Peace pre-
vent tho unfortunate duel tina, has taken place. will not
stop 20 show. that this duty dCvol'ed upoa s
Mayor than upon other Justice OF the Peace upon
Judge but ressrjng u, TOE the sake at the Argument
especially he duly have acted upon occa-
sion. II Is but air aud enquire. how far he
ranied m acting and what action the law would authorize
him To pursue Now, appIchend criminal lawyer will
be tound 10 gainsay the authorities quoted by the Mayor IN
his address, tho advice stated have been given b,
can be clearer hhn tina, neither this State. in En-
gland, would Magistrate b. justified oresnns party
upon suspicion or apprehension Cf intended bresch OF
the peace OthoTwisc indeed. the liberty the citizen
would be but poorly protected and the OF
dNidua who ioolBhy mslicously might ebtettsin ~
pretend To entertain such suspicion. And Magistrate
who would undertake To exercise such power. would be
side his liability to the action the nIutej party be load
", Vchomcny, and Justly denounced by the com
munty.
In the case which has oeeurred Geaeral Lsmbert no,
her tD
that could authorize him issuing warrant aite,t the
parties, but simply hearing that n Iumot that
possible or probable collision between the parties might
take place. certainly did al that jealous but prudent
Magistrate, aud having regard the law which cloth
ed hun wh all the power that he dd possess he eoud do
tie directed the Police officers TO be the alert and
himself TOO exercised proper degree Of pecauon 10
collision. Upon his branch 1T the SUBJECT there
cannot be doubt, should think the proprc his
course.
Blu, supposed by that he might have proceeded
the parties, upon the suspicion that intended
a duel And here, IN the hst place, let premise with
tins remark, that any suspicion that iHsl De-
fought altogether after thought arising lron the
that duel rasoughi IL was not only not s4spesicd
no, only not believed by this community at large bun
fact contemplated unul a very bef space be
fore occurrence by lamented gentleman whose death
all depOre, and NAV sdd, sincerely than
myself. 80 tat AZ the Mayor concerned there could
have been ground OF suspicion from rImor even
vague, that such an act was IN contemplation. Was the
violent aud nsurg language that had been used IN the
newspapers justify, should rather saw compel such
suspicion Surrly the mind OF the Mayor
than on that OF other citizen. and that SUSPICION
was not eugen1eTed the minds OF others. Injurious
language would no tend 4 duel than TO an ordi-
nar' breach OF the peace aud yiuprraive language m
newspapers be sufficient good spspi-
that duel will be fought had better increase the
number OF Magistrates sud multiply aud enlarge our
Iais. But appehend there existing 20 the
degree OF suspicion, the OF the susp con that will
auIhOrise Magistrate Proceed the Of pires
even under the tueng act and that the good Of
pcun therein spoken Of. does the mere vague
that might arse from personal quarrel OF from
abusive language. That law itself applies remedy, or
rather extends the hhe legal remedy for abusive ian
guage and do that the Ma gstraie called on or
hss right infer that the legal remedy will be abandon
ed, and the Illegal resnIted The which the
Ia" would deem good Tor suspicion, appTrhend. would
from knowledge on the part OF the Magistrate of
circumstances occurring the conduct Of the parties sub
ss9Hsnt TO the offence, or from responsible information
parted TO hun oath Otherwise II IL not easy 10 fore
see to what length this power OF requiring, upon
suspicion, security not 20 engage duel, default
those OF committing the suspected might be carried Sup
quarrel 10 take place the bar ol our court
either between opposing counsel counsel witness
aud blow 10 be struck this Il high contempt Of the
court which would be punished by hne and possibly m
Prsonnen bat what would Toe said Of the court, If
TO proceed at once 10 require security the parties that
ihey would not engage IA 4 duel, because from what
had occurred, there good cause o. suspect they
would DO Surely, tins would BE- regarded a. a most
extraordinary construction VI mag-tera power under the
daeing act; sRd yerhe OF suspicion would eel
tlny be as strong, ~ouI from abuse Ia the
papers.
cannot then that the Mayor liable To Just CEN
sure or Whist be did what he omitted do the case
which hss occurred, aud cannot bat believe that my
fellow citizens or large majority OF Them, will. upon
calm reflection, concur with IN thinking that com
plant against him. for eNecisiNg stretching power
10 prevent What tas occurred, from iie extreme
ePen violation OF the laws, tie unusual, and may be per-
mtfd q term H. savage the conflict, and the
awtol and deporsbie catastrophe attending 1t.
What other cause Of complaint have we sqainst the
Mayor Is he not nieaugabe IN the d,seharg' OF his
dulesi l. he be found his post at all tunes. ear
aud late, 10 fair wessT foul "a the heat If sum
mer and cold Of winter. IN sickness and in health And
are not the duties degoyed upon, and performed by him.
dsasreeable and oneIous IN The eIuemel For nv own
Part, know Of Office where much is required from
the same amount Of rstOn, and ! do not believe
that any other individual w BE- found who Tor that remu.
neraon will perform thrse duties, with better ud Rme nt
greater zeal, UPRIGHT intention. thst the
Voters Will show the polls that they disposed re-
ward long and faithful service by renewed and abiding
confidence. MAX.
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