Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-12-19


| should be placed on tho footing with formal The
preamble TO this bill merely forth the fact that the at
tenon OF the Legislature had been called the proprey
ct enempung certain persons from the penalties OF the
AnDuelng Law, with the fact that by its passage the
Legislature meant to doubt OF the cxpcdency
and propuey Of keeping the Anti Ducllng Act in full
force For delay, then, be could no necessity on the
ground that the House sufficiently with
the provisions OF the bill. lie concuucd the member
from Rappahannock in his assertion that this bill needed
fictitious aid from no quarter-ardcn he ad-
Socaey he would put 1t upon its merits. IL
poran TO that It ght accomplish the great
est possible amount OF usefulness.
MI LANiLR would vote TO lay the bill on the table. lie
conceived that bill OF such importance should be
acted huiedy, but calmly lie did not place 50 low
an estimate ON the patriotism ut Vrginans suppose
that the Regiment could not be completely oheorcd with.
ort removing disabilities from the shoulders OF few who
had offended against the provisions OF wise and whole.
some statute lie believed there was scarcity Within
our borders OF those who would TIL those offices with ere.
dit To themselves aud honor To the State
The question being here put the House refused to Law
the bill ON the table, and proceeded its consideration
Mr. Scorr said he did not the which the
amendment offered by the member from Roekbrdge had
with the bill under consideration, and he would
saT few words expressive OF his relation tn this
amendment. The gentleman from Rockhrdge said that
the proposition contained IN that amendment had not org.
mated with hnhat II had been taken from the consttu.
ton Of one OF States. lie would saw that il
must be matter of surprise who would exam.
me IT, that such proposition could be entertained in any
civilized land, much more, cngtaed the constitution o
any civilized people Should 90 back To the dark ages
when penalties were tached in the OF iorourcs OF
non There was time When our old Common Law
contained such proysuns-but long since the advance Of
civilization had cpcllcd provision batbarous from the
jurisprudence OF that country from which sprung
When We separated from the mother country We ordained
that tor no offence should forfeit his property such
principle had been rcpudiStcd bY all. one. OF the
States OF our Union. lwuudb he said To that the
offending party should tender he widow of the sauph-
tered husband the price oi her husbands blood That
her wound should bc cured and her loss repaired by
hhi o. tue estate q" him who had drunk the blood the
partner ut her BOSOM What widow would receive II
Isc gentleman himself seemed apprchcnd that case.
might occur which such offer would be rejected and
u That event, he proposed TO transfer the amount the
SAFE Treasury. Tins view equally revolving. Tie
would ask why desire forfeiture why place upon the
heads OF the innocent and unolcnding wife and children
Ann who may have taken the life OF his fellow, the pen
atty which should Justly attach to the offender himself
The whole effect at such law would be To visit the sins
OF the father upon the children: TO take from the wife and
children that which the law had accorded them as OF
right lie would not believe that proposition - mon
S'rous could receive the sanction Of the House PROPOSE
ton so much at variance with the sprt OF organic
law and So much accordance with the barbarous spirit
n the dark ages.
Mr.. DoEv,N repeated again that not - much his
purpoe pass into law the amendment which he PRO.
posed as separate and independent proposition,
company the bill ui Amnesty, under consideration
with some decided expression OF approval the Anti
pleng Act lie did not want 10 witness the here
"hca had uan-prrt IN hentncky, where, some
general bill ut Amnesty had been passed by the Icgis.
aurc-Wherc yeaT after wear, petitions and appeals with
"a, number made the Legislature until had be-
come matter OF necessity pass bills OF Amnesty al
most annually lie aware ct the OF argument
whrl would be pursued by the gentleman from Fauquer:
ne would agree That such proposition placed price
upon bu'd but as 10 that penalties which the
blood pcrv1dcd our entire statute book. As the reuc-
lance on the part of accept the forfeiture he was
willing TO grant there would be reluctance, and he had
provided Tor the reception Of the forfeiture into the Trca-
snry means OF lettering from the practice He cited
the IT the murder OF Professor Davis the Univer
sly, N which the murderer forfeited the ecognzince by
which ne was bound to appear, IN the Of 100000
Ii had been contemplated by the Legislature offer that
amount % the widow Mr. Davis experimenting that
she would no: receive IT, the Legislature had done that
which amounted 20 the thing purchased number
books i"' distribution among the Justices the benefits
accrue her. lie had learned through the medium OF the
public press that such provision tina, proposed
by him had been engaited the Constitution Louisi
lie thought It provision which would serve greatly
suppress the OF Duellng
Nh Sc.rr did not suppose that the gentleman from
Rockbndee designed Gripping The bill by proposing to ap-
pend TO the amendment under consideration, he beev
ed that he merely wanted expression the Legisla-
lure which could leave doubt the continuation OF
the anu-tuelng full foTcc-for himself he would
not impair in the slightest degree the force OF that act-he
was opposed 10 dIeing much any one and If he be-
eved the passage OF the bill would impair IT, he would be
the last 10 come 20 ts support; he satisfied it would
not HIS own sense Of justice demanded Of him, and
for that he appeared advocate Disconnected
and apart from the amendment at the gentleman from
Rockbuige he could no possibility OF placing any COM
structou upon the bill u amnesty which would autho-
rzc the bel c that % impair the force and e.
hcacy Of the auitueng law; the preamble declared eSn
v
merely one Of amnesty 10 those who had offended against
~ provisions without holding in the least degree 10
those who may hereafter offend, hope OF exemption from
tie penalties Of the anti duo.ing law; besides this bill
IN accordance with the spirit OF the constitution. In the
Convention OF -29. the proposition had been made q,
make the disabilities u the au.duelling act constitutional
and thereby pcrpetuac thcm lar possible To
DO so, but tins proposition had been voted down by
overwhelming Nutc-and u apparent from reading the
debates IN that Convention and witnessing the spst which
peryaded IT. ecteJ such propo ton
on Tho EHrff U.f II H..
O. those who might offend. The Convention therefore left
the control OF ths matter in tie hands Of the LeRi,.a
ure so tath the necessity at any time, for an
ncs'y, might bc granted. lie believed the present IN,
occasion for the exercise of the power thus IrnieiIy
delegated To the Legislature what then the necessity Of
ENGRAVING upon the Dl an amendment avoid the conoI
son o winch TIA gentleman from Rockbrdgc seemed &,
hns me Puohc might come lie did not regard the
OF M DAVIS, cited by-NIr. DoR,,,v as one in point
The aye aud noes being cal, ell Mr. DoEyty'- amend
mcui, resulted, ayes p, noes %, a. fD.iowa:
AIRY. ISIS. Fru y. shcu,y Bambrgs Mon. Mo,ly
.'anc h'a.- oval Lancaster Honor Grham, ktrhmonl
iUrou Laf'r Cooke, Amer. porman, Mo.on puf-tr or
n,r-25
Nor.-M.,-,- Cool. Speaker. Cr,tr. Brown of Altman,
Hart Layne, utryic Powell H,ri ssiuss o. ,, ssn ri,
't bu'i"ur B'u-et MlcHu Boeoss FoI Brsn.on I.y
CIl~sH -I,uzhf. Irving Thpmp.on nj uinv r Cr,,r t,
s.1, smith nI. of r.,.us 4 MIMI. So . s, 49,
Wal Gsron Wue Ion,s NJ Colc.-ter Lea,r carroll rag.r
MAJ Ier TlomI.ur lf H,rnf sIrc Datreol CO., B,r I'M
lard CoIwru n.aari Thompson Of = rnes wasc. CANE,
boh1s'n Ballard foiIrrr E4u ui.ru lun u,urr Banks
Raymond wagner I.rnsn ~ Nor.pg,ia g,B. ri,,,.
o- Montgomery ral. s Bsatasd k.uy N,vtnn wat . ill.,,
Na',. Nert uIt'r piv. NPhsron Tatuu y, nan s,ur
ticsi.y FtI, Stons Daniel Tyler stu.m Stf.bsr N,to t
p'r h'r b'""nof Rockingham MiH,sy, IIn sb.lanian
-ne''y Tat Goodwin Holiday h'ga,e Gillespie, CasI.n a.
Chandler. Foyi-H5
Mr. Coos hen offered the following amendment. which
rejected
Be a. enacted That RIO p,rsous WIN, have boon subject.
ed CO. the disability 10 hold Office for five year under the
Act To suppress Du'Huy shall. rom and tho pasrp r
"i tu7 Act, b" rsI'gcd from su. % disability.
hr NIwHas then offered the following as 70 substitute
for iio substitute reported 10y Tho Committee
where's certain persons of this Commonwealth have
offended against an Act of The General Assembly uf Yr-
Rn1 an act tp amend entitled An Act a. Supplies
DIe.HHg, pls.cd ON ilr - DAY OF a and have ibrr.-
hy bee m" ucop'o of holding my poet of profit trust n
em'um'ni, civil or military executive or judicial under
ho Government ~ rHa Commonwealth and whereas Do
bias been ep'-on'd hlt some of the persons us di.gu,
led have become Volunteers engage n tho present War
against MrtcO, therefore.
B. o. enacted 10y the General Assembly NJ Virginia That
The disqualification BE- hereby removed ar ~ to permit
n''" wn" m1y hereafter volunteer s1i war, CO. hold ans
Military pct 10 which they may be- elected of appointed
apd tho o1'l pi Office proscuboi the fd section Of the
bepf" fcoIied Act 'O be- administered 10 them.
ST. uf afID 90 us sn.u ua piy b.r, u,. Of