Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-07-29
PRESCRIPTION OF prELlxo.

iva executive or judicial, under the government o
this commonwealth, who shall hereafter hght a duel
~ ssnd or accept challenge to fight duel the pro
HE issue of which may be the death of the chaen
,as ~ challenged or who shall be second to elthe
1artv, or shall in any manner aid or assist in sucl
tual or shall be knowingly the bearer OF such chal
enge or acceptance; but no person snal oe 80
;ad liz reason of his having heretofore fought sucl
d mr. sent or accepted such challenge or seen secone
in such duel, OF oSafef oi Su'n .n"''eNe' -
ancs." -, ;..,,
| ,,;on cannot see the proprietv Of retaining tina
se.;on ~ il is nothing in the world but simple gran
of q mower which the legislature will have unde
tho constitution in the absence of this section. Dc
not know that it does any good Mt all. The past his
tory .f Virginia sentiment as expressed through the
| Iao;slatrre has been-and so far Us know withou
com nl,iagainst cIgraftng any such provision IN the
con.,;rr,;ou You have rescnded the effects OF thi:
low I'm eyera occasions, and the provision itself re
send a disabilities inflicted by the law it now stands
nJer the constitution. Do understand that this pro-
vision was designed read the legislature shall pro
vide bv Law: .
Mr. DEyEALE. Then it is of no good whatever
| M pentIeman suppose will; for moment contend
that is grant of power to the legislature Not at all
All mower not inhibited to the Legislature. of right be
limos rnt can therefore, see no use in this section
MIR KINNEY. move to amend the amendment
nf nv colleague by striking the words the legisa-
ture nav provide by law that" in the first lne as
to make it constitutional provision and not leave it
discretionary with the Legislature.
Mr.. OESEALE. decidedly prefer the amendment
o.red bv nv colleague to the section it now stands
If there is TO be Disqualification let it be without
remedy If there is to be disqualification, let be
perpeual QUE The section stands is but shield
and cloak the miserable bastard TO insult gentleman
esperiallv if he thinks that he will the
sponsbitv of giving the challenge Let the dsqrali-
fcation be perpetual in both parties and let there be
no power in the government to rescind it, and it may
do some good, but so long there is power in the
legislature rescnd the penalties will and pleasure
it amounts 10 nothing.
Mr.. GOODE. With great Difference for the opinions
expressed b. both the gentlemen from Rockingham /
beg leave to differ with both of them. The effect of
the motion which has been submitted will be to destroy
the power Of pardon entirely utter offence is perpe
trated The design Of the provision is prevent TIE
practice of lueny entirely. Most of those present
have lived ug enough tn have witnessed the change OF
public sentiment in this respect which has taken place
in Virginia since the introduction of the practice down
to til. present day. Formerly the practice OF ,eins
was frequent one now it is very untrequeut and al
most entirely OF existence The law which has
i,ted heretofore has been sufficient produce this beI
efcia result, ;houg in times past the power has ex
ted in the rglature to rescnd the provision .lr IL
TO pass act OF amnesty to previous offenders But
if the proposition of the gentleman from Rockingham
(Nlr. kESAEY.l prevails. the individual WHO has
nmitted al offence is without remedy, without hope
Of pardon rcprlcvc; he must leave the community
be subject perpetual and ceasiny disfranchise
rueu, nm who has perpe,rated an offence, ii
you ieave in the power Of the Legislature tn grant
him pardon aud amnesty, has motive for abstainnG
FROM the pe'petraton Of future Offences. But il YOU
put it out u tie power of the legislature to pardon him
you drive lin II state desperation. and make him
ut once an outlaw from society he becomes rrofts
sional dueiIt and any that will give him pcetext
for sending challenge must expect to incur the pen
atcs OF the antuelin. law. am, therefore, oppose"
to the proposition submitted by the gentleman from
Rockingham tIl:. kESyEyJ am also opposed 50 III"
motion submitted bv the other gentleman from i"ch-
ingaui CIR DGX ALE,J strike ont the section report
ed by tn" Legislative ca.ni;tce. The gentleman
seems 70 regard th,s ~ q mere delegation OF n I"w.!
to tie general assembly. which it wou possess with
Out my such provision III the constitution beg leave
mos; respectfully to differ from that opinion. We III.
know that before the last Convention before this thing
obtsined the sanction Of constitutional provi ion
whenevcr duel occurred within the limits Of 'ac
commonwealth persons forward and declare" that
the provision. in the anti dueling law was mere
| static, and unconstitutional.
NJ. DENEALE Is there proviso like thi, in the
prcsnt constitution
! NJ GO0DE This is mere transcript of the pr"rl-
sion the present constitution Under the old c"ns:u
ton biactnn made TO the test oath and II wa
maintained That the legislature had no power to applt
TIE ;,:t oath and had right to annex additional quail
ncl0ils or disqualification the representatives m the
peo,c IL wa. maintained that the clause of the old
constitution violated by this provision of the anti
dueng law, and that therefore, the law 'ncnsii-
/ tr:oual.
rarious ingenious arguments were submitted to the
coutry, OH occasions producing effect upon
tn: decision Of the legislature and creating nj all times
deposition the part of the legislature 10 relax
far Is they possibly could and permit Offenders To take
her III the legislature after having fought tucls
! tn. gentleman from Rockingham is mistaken in SUP
! posing that there is difficulty about tbs matter In
The original constitution of lIiG there was no such
slse, and it then insisted that the Legislature hid
| ne right to pass such laws.
! Mr. DENEALE. Was the question adudicated
| u.ler III. previous constitution
| Mr. GGODE. Il has been frequently decided. Many
cG,es occrred under the old constitution of l7TC and
! V hsvc members serve who We're known to have
TO-. ht dues but who felt themselves authorized To take
til. oath on account of some Interpretation which they
pae TO the law. Many persons believed that they had
violated the law but they themselves believed that
he had not violated the law in coming forward :" take
| the oath There was always great contest about the
secnds whether the seconds lad violated The law
les. duel actuay fought and death en,led. The
vers difficulties which arose under the old law. were
oed by the clause in the present nstlon of which
the section under consideration is nerc transcript
ho:e therefore that both the amendments will be de-
ea,ed, and that the report IF the committee will be
sustained
| Mr. CONWAY. | wish the attention of the chair
man oi the legislative committee, Mr.. GooDF to see il
understand this section correctly. understand that
il all exact transcript of the article it stands
in the present constitution. The legislature lew -cs-
siors SINCE provided bill of amnesty and al cases
occurring Heretofore provided for. By latter
clause commencing IN the ninth line of this section"
upder stand that general amnesty will be provided for
all eases occurring from the time of that net down t"
| The date Of this Constitution.
! Mr. GOODE. 1htt is the design of the committee.
| Mr.. CON WAY. | wished only to understan! II. !
shall vote against striking out the clause Apart
from that, Shout! have voted in favor OF striking out
| Mr W. GARNETT. rise for the purpose Of asking
| for the yeas and navs.
! The CHAIR That cannot be done. The rnle au-
,hoTi,ing the cal OF the yeas and nays in the committee
| of the whole has been rc>cinlcd.
Mr. NJ. GARRETT. ! was not aware of that IL
was done in my absence from the Convention My OBJ
ject in calling for them, could have obtained them,
was hat if ITO other gentleman would give lis vote IN
favor OF the amendment Of the gentleman from Rock
i;,gham, DIR. EESsrr) woud give him mine. |
would make Constitutional provision against crime
of this kind.
| Mr.. SLOAN. have no expectation that shall ever
come under the ban of this provision should It DC
adopted. But should be very sorry to the pending
amendment prevail CUR country may the day
when he may DE invaded or threatened by invasion.
and may have men among who possess the mill
tary skill TO lead armies who may be under the ban