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

who have been obliged take the antidueling oath
called and it would be necessary Tor them To re
sign their Offices because the high sense OF powe
which would induce them to engage in duel would de
ter them from fighting until they had placed thenselve
in such position that they could fight without being
guilty of perjury. This would thus give them time TO
reflection aud allow their friends anopportunity Of in
terfernp to adjust the matter 1t but the other da,
thai case of that kind occurred in this city, in which
if it had not been fer this introducing law, We woulc
have had fight in our neighborhood. But time ten.
required to afford the parties to place themselves in
position in which they could fight without committing
periury. the difficulty was happily accommodated
Although never expect to fight duel myself vii
| not saw that would fight duel, though in my Who'll,
/ life lave never said that would not light one
have children and they may be engaged III aars OF th
kind and wish throw every barrier around the dan
gers That would result to them in tina: event. and TO the
Community in which they might be placed ms they nigh
DESTROY themselves or what would be more important
the lives of their adrersarea For believe that These
affairs seldom result in anything but unhaPpness 10 th'
victors. wish make this constitutional provision
for well satisfied from the fact, that II you Tes II
the Legislature tie power Of amnesty Will De passed
1t has been done once twice yes thrce-once by specla
net and twice BY constitutional provisions and duel
lists will look forward TO the time when they Will b,
restored to the position in the commonwealth which
they have thus forfeited am, therefore for placing
this matter in such position, that if they do fight
duel, they will be past all remedy and will ever pre-
culc themselves from any OF those high Offices from
which hev are debared BY this act This provision
has done vast good in the commonwealth OF Virginia,
ans! have no doubt has prevented hundreds OF ducs
and although there may BE- in which 1t would
operate badly, vet i believe the general good OF
the society large, vastly preponderatss over any ev
that can result from 1t.
The question being then taken upon the amendment OF
Mr. kEHSEY upon the first count no quorum voted-ayes
l3. noes 50.
Upon 4 second count the amendment was rejected
ayes 10 81.
Mr.. DENEALE. l will withdraw my proposition to
strike out the whole of the section for the present and
move only strike the latter clause OF It, a' follows
But no person shall be so disqualified by reason OF
his having heretofore fought such duel or sent or Ac
cepted such challenge been second in such duel OF
bearer of such challenge or acceptance.
cannot for the life Of me any justice III making
constitutional provision for the pardonng OF al offence
committed today, and the conviction OF similar offence
tomorrow. can SEE no justice nor right IN such pro-
vision This provision would pardon the men whose
hands were reekng in the blood Of their victim to-day
while tomorrow it would dsqualify man for any
office for simply giving receiving any challenge al
though duel may be fought do not believe thai
this Convention sent here clothed with the pardons
power for the purpose Of exercising that power whc
is generally the prerogatve of the executive this cen
monwcalth.
Mr. GUODE. The committee will observe that II,
object Of the gentleman from Rccknghamt Mr. DE>E All
prevent the granting of M amnesty now :" !' a.
mi;tee t. decide is whether, as now starting
anew in the career OF the State should not pac "ur
citizens upon an equal footing. 1t il question OF sheer
mercy aud Justice upon which every gentleman can de-
eide for himself. The gentleman IL mistaken IN 'up.
posing that the penal offence Is to be- totally pa!ne"
br this provision. So far i. may be regarded n
criminal capital offence, the parry Is As liable "her
criminals Tie whole effect Of this provision Is I" 4rar,
I'M AMNESTY as to the removing Of the personal ilsqalI
cation OF the offender to taking his seat in Inc seers
assembly, etc.
lr. Bolts. |, appears to me are about t" dc
an exceedingly inconsistent aud improper thing am
decidedly in favor Of the amendment o! the gentleman
from Rockingham We in one breath declaring tins
matter of sending challenge al all to be highly pc
nal offence AID in the next breath We are declaring
iat i. ought he par,onnd every three vears-i"r II
is only tn e" since the last act OF general an'ies
tv wis pas: cd and YOU again propose to pas an
ether act Of amnesty. |; j. making distinction o~
tween tlc Ian vino challenge Yesterday aud one
vito -e;d: olc tcn.orrow. Vow, ii they are offenders
against the law they ought t. be punished according
to the Law or the law upon Your statute book l. bnt
deal letter Eat according 10 the gentleman from |
AecklcnLurl (Alr GooDE.) about /" enter upon
new era All those who have heretofore ocnde. are
10 be pardoned. Now, if you apply this general am
nrsty to one class Of criminals, why not 10 ahotnrF'
vhy not Apply it to the convcts in your pcnitH;ry
whom -. ut work upon your capitol square ana
have been aoni-hed il, If may be pcrniltr'o
,ligres, 81 far from the subject before U.s. have beer
she'd 10 these people who have been c"nTictc:
Of Infamous offences and to the peni;entl"ry as
place Of confinement and punishment, brought out her.
rvcrr fair suushiuing day, TO work upon the ruh!@
grounds 20 the exclusion Of the fair and honest ab"rer
Now do not think that this right tls, III iact convert
iap nrnitcntiarv confinement into actual privilege
They are the best clothed the best fed and best cared
for of any class OF people i'll the commonwealth "f W.
rnia-aw;vs nrrmittcc enjoy the good weather, IN"
kept out of the bad weather. Laughter
The CHAIR The CLAIR is constrained to limit tn"
range Of debate.
Nr. Bolts. knew it was DEPRESSION before ID"
Chair told me- but | thought it was good piace tc |
bring il ill., Laughter. do not desire that TIE pc
nen,iary convics should be Set FREE" but do desire I"
know why nv friend from Mccklcnburg will draw this
distinction be, tween one class Of offenders and another
Nrv an, in fYo. of the first clause of that BILL be-
ems. believe it will have beneficial effect upon the
c,,ith believe has already had the effect :"
preventing great i!anv challenges and dlels which,
in nv opinion. the rrlict OF bur oarouS age and
no proof of courage any time believe 1t requires
more courage for two stout athletic men to 80 int" a
ruiz and tumble hsti-cuH, than 1t does for two gentle.
men to stand of ten twenty PAGES and fire pistols al
each other where effect Is produced one time IN ten
for YOU likely to shoot some OF the bystaidcr-
are looking mt the battle To shoot your antagonist
Nav am deslelv i'll favor Of the first section of this
hill but am utterly opposed t" that system Of legis
tation which makes law providing penalty Tor IN
offence aud then granting pardon to all Offenders Of that
law The gentleman from Norfolk is under a mi.ap
subject
man from Henrco (Alr. BorTs) rust say that he h'.
presented this subject in position that he
tanned by fact This proposition does not all affect
the question Of pardon far the offence is crim
nal offence If lie is convicted of murder he is still
guilty OF murder, and open to all the penalties Of the
law. lust rs much any other offender against the
captal law Of the commonwealth. He be convict
ed OF murder and punished for murder b: corfnemen:
in the penitentary. other punishment the ca"
NAV I've. His position is varied in the least. All
,h: proposition proposes do is the disqua
f.ao which he had incurred, in addition to the Pc
laltics prescribed for other criminals.
Mr. Bolts. Will the gentleman allow me TO set my
sell rishti He ubors under q misrepresentation in c
EARL to this Of disqualification. Ii il
convicted of murder, lie has civil disqualification at
,ached to lin, which the gentleman does not ropose
10 relieve him from. lie is scnt to the .ncntiay or
i hung-onc Of the two II he is hung do not sup
pose he needs to have any civil disqualification
moved for it is late in the day. II he is sent TO
the penentiars lie has civil Disqualification placed
upon hin, which the gentleman does not propose to re-
lieve him Of He i. disqualified from the right of SUI
lrase or the right vote for members of the general
assembly. Why does not the gentleman remove the
disqualification Of these offenders against the Jaws