New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-14
CAN GOV. BISSELL HOLD OFFICE
HIS OWN VIEWS ON THE QUESTION.
BKLLryuLE. Ill. Monday, Dec. Is, lS5

HIS OWN VIEWS ON THE QUESTION
BKLLEyuLE. Ill, Monday, Dec. Is, 1856.
DEAN SIR: Your kind letter in which you ask for
my views in regard to my eligibility to office has been
received, and take great pleasure in complying with
your request
Soon after my seminstion at Boonsng,on several
journals hostile TO me- announced that had disquali-
fed myself for holding office by having accepted a
challenge, in Washington City, to fight duel Per-
fectly easy upon the subject myself paid attention
to the charge any than to the thousand others
that were made with view solely 10 defeat my cleo
ton. say was perfectly easy upon the subject for
my mind was completely made up thai even if the al
legation were true that had accepted challenge in
the District of Columbus still the dissualfying clause
of our Constitution could not apply to me.
Without solicitation or knowledge on my part, how
ever, some Of my friends, and amaeg them as able
jurss as can be found in the State catered into dis
cussion of the question in some Of the leading Repubh
can journals; and upon the assumption that had &C.
cepted challenge from Col. DAVIS while sojosrnlng 10
the District Of Columbia have so clearly established
the point of my right 10 hold the office and take the
requitite OATH that even if bad doubted before,
could doubt no longer.
had hoped that after the election, and when the
people of the State had pronounced their verdict upon
this as well the thousand other charges which the
blind zeal of furious part had brought against me,
NV political ell emies would cease their camor, and
bear their defeat with becoming submission But in
made them-I should say, rather, few Of them-eyen
more rancoious. One or two Of the mJre violent of
their journals, by way CT intimidation OF course,
dare me 10 take the oath pre.cnbed speak OF legal
proceedings which would be commenced, SC. &c, II
presumed thus TO violate my conscience. Under the
circun stances the efore deem ii bat proper to an-
swer at somewhat greater length than | otherwise
should have done.
and myself amounted 10 a challenge and acceptance,
il question of law and fact which court and jury OF
the District OF Columbia under the laws OF llaois
would have had 10 pronounce upon 1t prosecutor
had there been instituted. As question of con
science it depends solely on the opinion which may
have formed in regard 10 IT, however erroneous that
opiuit may be in legal point OF yes One thing Is
very certain that the point whether challenge passed
or not has rever been judiciay ascertained by the
only tribunal that could properly do so. But suppos
ing that had been convicted by court 10 the Dis
trict of Columbia OF accepting challenge without us
jur dictioD, would then our Constitution apply IN
section = Of article 10 of Constitution reads
follows:
ton fsh duel challenge for that PurPo.e
OF alder sbe,Or IN fighting duel shall BE- deprived Of the
sh OF holding any office of honor profit Nc bis state aud
.kal be punished otherwise in such manner b may be
provided BY law"
pont IL copcerued between this clause of the Constitu-
ton and tie law a. II stood before Its adoption, a:
found in the criminal code. Section "A of the said
code Revised s.u Of @ ssss .noS.T
duel with any deadly weapon whatever ne
INV person shall ept challenge agree 90 hsht duel
every person offending shall upon eonme'o1 tnseV ~
II or smoument either civil military under the Government
III. State snd be fined In sum not exceeding one hundred
dollars"
presume that no one having the slightest pretensions
to knowledge of Law would far stuldy himself as to
contend that under that section OF the criminal code
a person would be indicted and punished VINO hsd sent
or accepted a challenge in the State Of Missouri No
prncire IL better settled than that no State or Govern
ment can take cognizance OF criminal onenses Deyohd
its territory This is clear that our crmlnal coce
In providing punishment ior onenses h1wnee sss
State ard with the proprety might one DC ndcted
and convicted Of urder in Missouri or Great Britain IN
OIL of our Courts, one who sencs or accepts cna
nse there AS no conviction can take place, no puo'
shment can follow. In fact it ia nothing but law,
rule Of action differing in nothing from any other is~
except that il is enacted by convention OF ths people
and ia OF Iepealable in the same way Inc Cohsttu
cn can no more have any feet beyond the boundaries
NJ Illinois than any other enactment Of the Legislature
That there might be doubt the clause OF the Con
sttuon refers 10 ofense committed rHhH tHe D1aIe
the latte part Of il provides that beside dlsqusne
~ Q oferder he shal be punished otherwise IN such
manner az is or may be provided by Law Tnls latter
cIapse would be wholly inopefat We IN al cases where
The onse was committed outside OF the state becsuse
for sueh an oftpse there can DO othef"He ~ pun
Bet do not deem it necessary to enlarge upon THIS
point. i vii merely show the absurdiy OF the con-
structon placed BY these partisan presses uPon Inls
clsuse AZ al ct.1 me in any event, in any other way
Copsttutiors are intended as laws of general and
more permanent character than ordinary laws Our
irst Constitution stood for thirty years oar present
ore, providing for successive amendments, WiAoui me
c.l IF Convention, was by its trainers, Intended 70
Last 4, least a. long doubtless We have no right to
preume h. speedy overthrow but must regard IS an
instrument expected to b sOsyh.t aad ssp
pos hal he clause in question Is construed, forebly
cor strued, to mean to tsqrafy any one from holding
Office in this State who hss fought dus OF edea aoa
Allotted in aIy duel or sent o. accepted eoalefgs
anyvhere outside Of the State since 1873 what would
be the Effect Within thirty !eA.s OF loio hInate,
spee Of such clause in our CONSTITUTION, may, IN
other Stsses and countries make themselves smenaes
to Ia operation and then become citizens oil our State
They rcrId al be dquAlifed hom holding !ae Pes,ss
os IN DE State or nG1s Of them en-. ss5,s ssss ;Ss
muncipai laws NAV prescribe In neshT al the SoGth-
en ssies Of tie pnioo .ad mere p.si m5tOos sS
ossIsd oyerrides the civil code. Such men q h.mu
tru, Randolph Cisy, BsrtOu, Ciley sed othe" OF dn
Nh nj