Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-08-14
From Col. Benion's thirty Tcsrs Is. ts Z. g. senate
DUELLING AND ASSASSINA-
rV-TT0N

From Col. Benions Thirty losrs ~ sis y .
DUELLING AND ASSASSINA-
TION.
1 The death of Mr.. Jonathan CiIley, repre-
4 sentative in Congress, from the State OF Maine,
killed in duel with rifles 3Ir. Graves, of Ken
/ lucky, led to the passage of an act with severe
( penalties against due!ing in the District OF Co
ilumhia, or out of ii, upon agreement WITHIN the
/ District The penalties were death TO all the
survivors when any one was killed and fiye years
imprisonment in the penitentiary for giving or
/ accepting challenge. Like all acts passed un-
der sudden excitement, this act was detective
and more the result of good intentions than OF
/ knowledge Of human nature.-Passions OF the
1 mind, like diseases OF the body, are haole 10
! break out in different form when suppressed
/ IN the one thoy had assumed. No physician
! suppresses an eruption without considering
whatis to become of the virus which Is escaping,
/ il stopped and confined to the body; no Ieg1sla-
tor should suppress an evil, without considering
whether 4 WORSE one is ct the same time plant
| ed was a young member OF the General As
Isembly Of Tennessee, (lS09,) when q most wai-
thy member, CIR. Robert c. Foster;) took cred.
it to himself for having put down billiard tables
/ in Nashville Another most worthy member,
| tAIr Joseph Dixon,) asked him, how many card
tables had lie put in their place? This was
side of the account TO which the suppressor OF
billiards tables had not looked, and which open
en- a yiew Of serious consideration TO every per
son interested with the responsible business OF
| legisiation-ab business requiring so much knoTl-
! edge of human nature, and so seldom invoking
the little We possess.
It has been on my mind ever since, and have
had constant occasion to witness It's disregard.
| and seldom more lamentably than IN the case OF
this auti.CrIeline act It looked TO one evil and
| saw nothing else 1t did not look TO the assaS-
sination under the pretext of selE-defence, which
would rise upin place of the regular duel. Ger
tainly it Is deplorable TO see young man, the
head of family, an eminent man, necessary to
! his country, struck down in the duel, and should
! be prevented ifpossible. Sill this dePlorabie
practice is not as bad as the Bowie knife and the
revolver and their pretext Of self defence, thrs-
| ting for blood In the duel thereis at least con-
| sent on both sides, with preliminary oPPoTtu-
nifty OF settlement, with chance for the law to
arrest them. and room for the intcrPosition OF
friends as the affair goes on There is usually
equality Of terms; and it would not be called an
affair Of honor, if honor was not to prevail all
round; and if the satisfying point of honor and
not vengeance, was not the end to be attained.
Finally in the regular duel, the principals are
/ in the hands of seconds, (for no man can be
tInade second without his conscut,) anil as both
these are required by the dueling code QOr the
sake OF fairness and humanity TO be freed from
i'll will or grudge towards the adVcrsarys princi-
pal they are expected to terminate the affair MS
soon as the point of honor is satistied-and the
Hess the injury so much the better,
/ The only exception to these rules is, where the
principals are in such relation to each other as to
admit of no accommodation, and the injury such
as to admit of no compromise. In the knife and
revolver business all this is different. There is
Ino preliminary interval for settlement--no chance
for officers of Justice to intervene-n0 room for
friends to interposc. Instead ofcquality ofterms
every advantage is sought. Instead of consent
the victim is set upon at themost ungarded mo-
lment. Instead of satisfying point of honor, il
bis vengeance to be glutted. Nor does this differ
4 cnce stop with death. In the duel, the unhurt
principal scorns to continue the combat upon
his disabled adversary, in the knife and re-
lvolycr case the hero of these weapons continues
firing and stabbing while the body of the dying
man gives the sign of life. In the duel, survivor
never assas the character of the fallen; in the
knife and revolver case, the first movement Of
the victor is toattack the characterof his victim
ito accuse him of an intent to murder, and to
make out a case of self-defancc, by making out
la case of prenleiitated attack against the other,
and in such false accusation the French proVcrb
is usually vcriiied-the lea.l and the absent are
aEtoays III the 1sr0ng.
The Anti-Dueiing act did not suppress the
passions in which duels originate; it only sup
lpressrd one mode, and that the least revolving
lin which these passions could manifest themsel'
YES 1t did not suppress the homicide intent
and how many members of Congress go into
their seats with deadly weapons under their gar
lnents, ready to insult with foul language, and
READY TO Kill If the language is resented. The
act should have pursued the homicidal intent,
into whatever form it might assume, and there
fore should have been made to include all unJus'
Itifiabe homicide.
The Anti-Due!ing act of 1899 was de-
fective in not pursuing the homicidal offence in
to all the forms it might assume; in not giving
damages to the bereayed family. and not punish
ing the carrying of weapon, whether used OF
not,-only accommodating the degree of punish
ment 10 the more or less use that has been made
loft. In the Halls of Congress it should be m
offence in itself, whether drawn or not, suhjec
ting the offender 10 all the penalties of u high
ImiSdemcanor-rem from otfice-disqlalifi
cation to hold any Office Of trust or profit under
the United Statcsand indictment at laSv besides