New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1857-01-12

tho sobtest nossble degree In TRUTH it would tend
v contract the sphere of the immortality SO justly
comnlained Of. for it would prevent our people from
constantly violating the law as they de- now, and we
all know that one bad habit leads to another and
another bad habit until frghtfu list is the
duence. We are within bounds when we say that
Sl0o 900 per annum could be raised from this source
and pad into the State Treasury, without increasing
solitary iota the realm of vice. ~ ..tr 4
We think this subject entitled to the profound con-
sideration of the General Assembly which meets in
Baton Rouge this day week. and hope it will receive it.
There are other laws, organic and statutory, which
are violated whenever circumstances call Tor their
violation and they are incompetent to their own vim
dication owing to the fact that public sentiment runs
powerfully in favor of the voaters and counter to the
laws Let us glance at the dueing laws OF Louisiana,
for instance The statutes denounce the seyerest PEN
aties against persons engaged in affairs OF honor,
either as principals CT seconds, and the constitution
utterly DISTINGUISHES them-deprives them OF the right
of suffrage and the privilege of holding Office. we
question whether there is State in the Union where
the laws are so rigid against dueng. But have the
laws put stop to the practice! Is 1t possible 70
bring offenders to ustice Both these interrogatores
must be answered in the negative. Except so far as
the progress Of the age has tended to repcss dueng
the practice is Just rife ever We do not believe
the pains and penalties threatened by the laws have
prevented hostile meeting, nor is it probable they
will for a series of years. Dueis frequently occur.
Sometimes persons are killed or wounded, and some
times they are not. Everybody knows all about it.
The subject becomes the town-talk. And then, any
effort to subject the parties to the rgors OF the law
invariably proves fruitess! Why is this? Because
public opinion isdecdcdy against the nhlction of the
punishment prescribed Numerous duels have taken
place in this vicinity, within the last five years, and
in no instance have the statutes been enforced And,
it is reasonable toner that not jury can be enpan-
need in this parish that would bring verdict Of
guilty against survivor in fairly fought duel Why
it may be asked 1t is not difficult to answer: Be-
cause the sentiment of the public, in connection with
the social condition of people and the usages of
the past all conspire to render the offence venlal
one. The strongest opponents of the duelo will cut
man who has been posted a coward for refusing
to accept challenge to mortal combat There is an
inconsistency in this, but human nature is fra and
prone to Just such gross inconsistencies Hence these
opponents Of dueling enter into compromise with
| their consciences and principles somewhat in this
wise AS they feel they could not associate with a
posted potroon (and they thus indirectly give tone
to society which forces dueling Of they are
not prepared to send man to the penitentiary for
doing that which, if he had not DONE they would have
erased his name from their list of honorable acquaint
ances. Them again, there is very considerable por-
ton of the ancient population that regardsa resort to
the field the best mode Of settling difficulties.
For our part we have no hesitation in saying that
i we should like to stop put to duellng, but II 1t
ever is stopped it will not be by laws, the arbitrar
ness of which defeat the purpose aimed at. Moral
suasion and the powerful influences OF reason and ar
gument must work a radical, change in the general
sentiment of the Southwest before an enforcement
of the antidueing laws can behopedt for. Atprcsent
they rest dead letters upon our statute books and
are not worth the paper upon which they are printed
This may he very lamentable, and doubtless is but
it is none the less true.
We have now pointed out two Of the laws of the
State, both emphatieally mentioned in the Constitu
tion which are habitually and almost universally dis
obeyed and alluded to few of the evils which iney
itably result from such dis0bedienee. We conlt
point out more were it necessary Here the question
arises shall we inculcate and command an obedienc
to the laws by having none statute books ex
cept those which can he enforced; or shall incu
cate into the minds Of children and nstl into tn
l community an INSTRUMENTATION towards all law, and
contempt for all law, by continuing laws i'll nomina
, Nfewhich public opinion ignores and the genera
feeling prevents being executed?
We have already expressed our opinion in regard
lotteries. The prohibition as to them should b
Y stricken off. Our dueling laws should he subectc
to the same process. In neither event. as we hay
shown, could the public morals suffer, while no law
: would be broken--a great desideratGnl in itsel
' And if other impracticable laws be found, L
e them be submitted to the legislative guilotne-or
convention when neceSsary-untii none exist even
name, insusceptible Of execution.