Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-12-31
Speech of Mr.. Carter, of Loudoun,
Ia Me Senate Of TTyiuia IN opposition TO III
Repeai 0fHe Dueiiing Lars.

I ach'iOH ~ suoH after LdklIlp my seat among
them, and ! feel embarrassed by the novelty
of my situation. My apology is this, that If
there IL unanimous opinion among those
represent here, upon any question, 1t Is In
their liked opinion III favor of the anti-duell-
ing law, upon your statute book, which the
! bill now under consideration seeks to re-
peal. 81 unanimous is this opinion among
my constituents, that verify believe if they
had thought, for one moment that | would
ialter in opposing its repeal, or any relaxa-
ton Of lis provisions, | never would have
had Il seat here their representative. |
feel embarrassed from another cause. The
repeal Of the law j. asked primarily 10 remove
!, from under its disabilities a gentleman with
whom was associated here in the Conyen-
ton of 1850, and Tor whom | then formed
and now entertain most kind and friendly
feelings. Thus find all my sympathy
running out towards him, whilst my duty.
my jud gment, and my reason, are all the
other way. And, believe | should have
been content to have merely given my vote
against the repeal, had it not been for the
train ufargumcnt INDUCED in by those who
advocate the repeal They have not been
satisfied with asking the sympathy OF the
Senate for the gentleman Immediately IN
terested or III presenting the facts OF his
case, rs n reason for amnesty; but they have
gone the whole length not only OF argu-
ment against the policy of the law, but
almost, ii not quite, ut remuneration against
Its enactment. The Senator from Richmond
called it 1.-The humane cunning OF the Legis-
| lature.' and talked OF "inqusltorlal and test
oaths." Sir, what is the history OF the anti
duelling law Of Virginia, rs given so clearly
and succinctiy by the Sanator from Han
over on yesterday. He proved that it is no
new thing in our legislation, dating back as
il does from 1910 when the first law was en-
acted. II continued up to the year 1880
without relaxation or grant of amnesty,
though these we're sought and asked for with
an ability aud eloquence Il speak from ira
ditonl probably never surpassed IN these
halls The constitution Of 1880 lnaugurated
u new era in the States, and very properly
granted an amnesty from the penalty OF the
anti-dueling law up to that time. But g"
tenacious were tho fathers OF the State
we're in that Convention, Of its policy, that
Mr.. Stuart, Of Patrick, attempted to have the
law engraited ~ one of the provisions Of the
Constitution, and thus to cut Oft all power OF
amnesty and repeal from the Legislature
That was not done. but the Constitution gave
the Legislature tho power to re-cnact the law,
which was done at its first session under
the then new Constitution. The law con-
tinued without any act Of amnesty Tor seven
teen wears when III the year lo4i. new
criminal code was passed, and another am
nesty granted But the antI-duelling law
was Immediately re-enacted and continued
in full force till IN amnesty was granted by
the Convention of 1870.
The first Legislature after the adoption OF
our present Constitution, re-enacted the law,
and it continued from that time 1851 un-
til the last session of the Legislature, when,
for the first time in the ordinary legislation
of the State, an amnesty was granted. And
doubt not the Increased number OF duets
and challenges To fight i'll the last two years,
have been caused by that departure OF the
Legislature from the former policy of the
State We thus see, sir, that the anti-duei-
ling law dates back, almost ab M'Je co"dtta,
and runs the whole length OF our Legislation
for nearly fifty years. Are We 10 bring
about new order Of things!-shall we At
tempt to unsettle and change public opinion
on this subject. and thus take not one step
backwards, but many, till We get back to
those ages not niiscaied the dark and the
tarbarou,? The Senator from Richmond
and the Senator from Charlotte think the
law harsh and unusual in it's provisions, and
that the duellist should be left to the ordl-
nary criminal trial Of courts and .urles, aud
that it has effected and can effect no good.
Sir, all that is unusual in the law against
dueiiing, is fr om The necessity VI the case.
Ii is useless IL talk about courts and luries
in such cases; and this law puts ambition
for the public preterment against the hot
blood of youth and passion, and compels
them to think before they act--sives cooling
tine-the very thing wanted, nine times IN
ten, to bring about adjustment and peace.
The Senator from Richmond an,. Senator
from Charlotte differ from many, both living
and dead, in the opinion that thus law has
done no good; and beg leave to read, rs one
example anon, many, the opinion OF Ben
iamin Watkins Leigh, a. expressed IN the
Convention Of 1870 as u the good effect OF
this law. Before | read the opinion, suffer
me, sir, to say that never think OF that man
Mr.. Leigh without feeling proud OF beng
Nirglnan. He was one in whom the "eie-
ments were 30 mixed that we may not expect
to ''look upon his like again tbs very err
rors sprang from an exuberance oi good quail
ties, and leaned to virtues side. What were
his opinions. Mr.. Leigh said. III the Con
vention: "IIe was not against the law; ne
went on the suppositiun that the law-the
anti-duelling law-was polite, ust and wise.
1t had, in It's practical operation, prevailed,
in "A great degree 10 discourage the practice
of duelling. aud It's operation would, proba-
bly, continue to do 50 until all these notions
of false honor were oblitcrated from the hui
man heart and understanding. Lot the law
remain in the Code; its effects, though they
might he severe, were not remediless.
Such was the opinion Of this man without
fear and without reproach and whose nem-
DRY should he as enduring iii Virginia rs
monumental marble. The Senator from
Richmond said now was the time to repeal
this law and grant an amnesty, AS Virginia
wanted all her fighting men. Sir, IN my
opinion now is the time, we want law ana
law abiding men, There is never any diih-
Guilty in arousng the Sons of Virginia to the
fighting point; the train is always laid, aud
it requires but a spark to light 1t to flame.
And tell the Senator, should the time come
when the fighting men of Virginia shall be
called to the tented field. and you repeal
this law, your commanding officers Will have
to use the most stringent military laws To
prevent this very practice OF duelhng from
disorganizing his army. The Senator from
D:I .,a,,J l,,,,r, Io-,ar ,h.n | r,, toll HIM