Daily national Democrat., 1859-02-10
Law against DueIinp.

1t seems that there has been some discus.
sion on the subject of dueling in the Legisla-
ture. 1t had however escaped our notice un-
til we saw the following report of it in the
s. F. Herald The Sacramento correspondent
of that paper writes from the capital on the
18th inst. as follows
Some time ago, Mr.. Watkins, in the Assem-.
bly,, introduced bill for an act to repeal all
laws against dueling now upon the statute
book. The judiciary committee, few DAYS
afterwards, recommended its indefinite post
ponement To day the matter came up for
consideration, and an interesting discussion
took place.
Mr.. Watkins make pithy speech in sup
port of his measure, in which he said that
the snti-dueling law being like an old rag
upon the legal edifce of the State, defacing
its beauty and marring its systematic proper
tions, he was in favor of removing the ex-
crescence.
Mr.. Jackson conceded with Mr. Watkins
He thought that the existing statute was in
advance of public opinion, that it was there
fore imperative and simply made us ridicu
lous in the eyes of the world. Mr.. j. revived
painful personal reminiscence. He said that
he once had brother who carried a ball to
his grave-the result of duel-that that
brother commenced letter. written upon his
death bed, to his father, by saying, that he
was now convinced that a coward would
hight duel-and that he, Mr.. jackson, fully
believed In the truth of this observation. Let
the present statute be repealed, said the gen
tleman, and one or two fatal duels follow
and public opinion would soon demand Sc
we're law and that law would be effective.
Mr.. Aud did not know hut that he might
under certain circumstances be drawn into
duel, but if So he would wish to assume every
responsibility incident to such action. He
desired to apply this principle to all those
who participated in duels, and therefore was
in favor of the indefinite postponemcnt of the
bill.
Mr. Ellisreped to the argument of Mr.. Wat
kins. He would admit that the anti. dueling
law was an excrescence upon the legal edi
hce, but there were excrescenees occasionally
upon the human body which were danger
Gus in themselves, but which it would be
fatal to remove. He would apply this fact to
the law under consideration. The law was
an eXcrescence, but it was necessary-it was
one which was productive of good effects.
Mr.. Shepard would vote for the indefinite
postponement The present law might, to
some extent, be imperative, but it exerted a
deterring influence. Dueling was on the de
crease in the State, so far, at least, as abso-
Lutte encounters were concerned. The vndi.
cation of wounded honor was now reduced
to a literary basis A system of correspond
ence had been adopted which usually rem,
dered resort to pistols, etc, unnecessary.
Mr.. Shepard was quite sharp in his remarks
upon the general question of dueing. At
thirty PAGES man had eighteen chances in
twenty to preserve his life. This was a pref
ty way to satisfy the demands of honor, etc.
Mr.. Lull would merely direct attention to
the fact that if the present laws against
dueling were repealed, tho constitutional pro,
vision would still exist.
Mr.. Lamar indorsed the views of Mr.. Jack.
son. Public opinion would not now support
an anti dueling law. 1t was therefore nope
rative.
Upon the vote being taken, Mr.. Watkins
bill was indefinitely postponed by a vote Of
SO to 10.