New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-10-06

| energy, are eifaccd from his futufe Ihere IS
nothing on which the objects of his ambition
may be impressed. The punishment Is indeed
| terrible. Punishment such as this is guaran-
tied by article 1870 of the Constitution. Those
| who think that it does not go far enough. may
search the records, and they will find only how
Intellectual has been all legislation to go farther.
The duelist errs, but no debaslng sentiment
prompts his course; notwithstanding his error,
| the most noble, the most sacred affections Of
family and friends will still cling to lim. Hu-
man reason and healthy civilization alike
resist the lnonstrous idea Of CHASING him with
the felon and the murderer.
But some gentlemen tell us that this article
of the Constitution is the prerogative Of the
| Legislature, and should have no place in the
organic law The best answer to these gentle
men is to poiut them to their own arguments,
where, in the same breath, they entertain MS by
broadly denouncing all restrictions Of the right
Of citizen to vote, as guaranteed to him by
| the Constitution of the United States. They
contend that this law ought not to find place
| in the Constitution of Louisiana, because it is q
restriction of the right to vote. Those gentle.
men do not keep in view that our Constitution
contains other restrictions Of voters 1t re-
quires the voter to be twenty -one years of age
| that is restriction; it requires that he shall
have resided q certain length Of time within the
State; that is another restriction. Argument
has been exhausted to show that these restric-
tions can ever be properly regulated by legisla-
ton. Equally unsatisfactory and unayailing
would it be to trust to varying legislation to
provide penalties for dueling.
| 1t has been objected to this law that it has
not accomplished its object. The objection is
not good one. We know that when the dueling
sections, introduced by Judge Chinn, were dis
cussed in the Convention Of 1915, the most fear
ful and bloody consequences to flow from the
law were predicted and portrayed. Objections
of every hue were presented against the new
| feature of the Constitution. One gentleman
contended that it gave every advantage to the
skulking assassin over the open antagonist,
while in the operation of the law, another gentle
man saw the pathway open to assassinations in
broad daylight. The state of things to be
brought about by this dueling law was earnestly
represented by many of the most sagacious and
distinguished members of that talented Conven-
tion. as too dreadful for civilized community to
armed men were to fall by the assassns knife, and
ontemplate-murders were to multiply-un-
street fights were to become the order Of the day.
But, sir, it is our proud province now to show
that not only have none of these inauspicious
predictions been realized, but, on the contrary
the law has really accomplished its purpose be-
yond the anticipations of its most sanguine ad
vocates. The sacred right Of sutfrage-the open
path to honor and emolument-had never been
sufficiently appreciated before this rod of terror
"@3 li'it ofCl Jul ClulLGAS SliCS tuub INV came
into operation, there has not been one duel in
oni state where there had been ten before. And
haze yet to learn that street fights or assas
sinations, or murders of any kind have occurred
since that time, beyond the ratio of the increase
OF population. Sir, if any member of this Con
vention can satisfy me that murders and street
tights have increased with the operation of this
law, shall vote to expunge it.
My colleague, who offers the substitute now
before the Convention ins that tbis l., "
is unequal, unjust and oppressive in its opera
zion, because it disfranchises a citizen of the
State II he demands Of one Of our own citizens
satisfaction for an insult, whereas he may obtair
redress from citizen of another STATE withou
ineurring this penalty. Sir, look upon that as
the brightest feature in the law, and in its alb
sence would never consent to give this clause O
the Constitution the sanction of nv vote
Towards own citizens we are wisely re
strained from the further practice of what, il
the State OF Louisiana, may be styled semi
legazed violence; but our Constitution does NO
tie us down in our intercourse with strangers
1t has not the power to disfranchise the citizen
of another State, and has therefore most wisel,
decreed that, in our social relations with them
we shall be placed upon fair and equal footing
One leading necessity for retaining this claus
in the Constitution is to be found in our regart
for sound public opinion, which, after all,
believe to be the only, or at least the most
etfectual means of suppressing the practice o
dueling. The clause in the Constitution of a:
has already done much towards forming a cor
rect public opinion on this point and if it be re
tainel in the Constitution which we are nov
making, it will prove entirely effectual. But i
you strike it from the Constitution, the effec
will be most injurious. 1t will be said, and ex
ulted over, that an attempt was made to abolisl
the practice Of dueling in Louisiana by con
stitutional law, but that the law was found tc
,tli Nd !,
pealed. 1t would be saying, in effect, that tn,
people Of Louisiana are opposed to any restric
tions upon dueling. This would be taking
long and dangerous step backwards in civiliza
ton. On the other hand if this Constitution
shall preserve Article 130, public opinion vii
be strengthened and justified, the wisdom anc
virtue of the law will be vindicated, a NOR,
general respect for it nculcated, and increased
efficiency given to its operation.
But we are told that by this law we ar,
striking blow at the chvalry of the State o
Lousiana-that it's citizens are always able tt
defend themselves, and want no Constitutions
protection, or Constitutional provisions, to settle
their difficulties for them. All that have tt
say in answer is, that if the chivalry of our
State is shown in the practice of dueling, it il
the lowest of all chivalry to shed the blood O
our own citizens, and the sooner we tear that
leaf from the records of our chivalry the better
There are never wanting higher occasions in thu
history of nations for exhibitions of their chiv
airy.
There are, indeed, times when the most pru
dent of men feel necessity to resort to arms
But on these occasions the wound has reached
the heart of hearts, and reason fails to dictate
its remedies. On such occasions all prohibitions
whether Constitutional, Legislative, or of any
other character, are disregarded and that Law
which then becomes the highest law, and as
sumes sole control of the human breast-the Law
of honor reigns unrestrained. But these cases
thank God, are rare-so rare, that they do no
effect the great question now before the Conven
ton, for laws in their operations must be gen
eral, and cases Of individual hardship must yielt
to the general good The dueling clause in ou1
State Constitution has become leading princi
pie of our social policy. / trust that this Con
vention will so recognize it.
MR. REEvEs-I rise to oppose the substitute
offered by the gentleman from NewOrleans, Mr.
Castellanos. The object of the gentleman il
offering this substitute is to strike out AM
totally annihilate Article $50 of the Constitu
ton. That article is the brightest feature il
the whole Constitution. 1t casts its radiatin.
il!iHrnae over every provision in that instru
} mem, and points, with unerring certainty, bac
) to tto superior intelligence and exalted mora
! worth Of the trainers Of the Constitution {
! lS45 Mr.. President, it was noble, humane
: and in every sense praiseworthy motive tina
t prompted the trainers of that Constitution
embody in it this most salutary article. 1t wa
not done until after that venerable and intelli
gent body had given it the most mature delib