The national era. [volume] (Washington [D.C.]) 1847-1860, 1860-01-19
DUELLING IN VIRGINIA.

A bill is pending before the Virginia Legis-
lature for the repeal of the law which disfran-
chises those who engage in duelling.
We extract from the Richmond Enquirer
the following paragraphs, that were elected
upon the subject, in the speech of Col. Thomas
p. August
"The Senators who have opposed the pas
sage of this bill have seen fit to declaim most
eloquently against the Inauguration of the code
of honor. Sir, who proposes to inaugurate what
is technically so called ? The friends of this
bill seek to inaugurate code Of justice; a code
which, while it looks to the enforcement of the
moral law, and the performance of all those
duties necessary to the peace order, and hap
piness Of society, as far as they may be attained
by proper legislation, will yet refuse to declare
that an honorable gentleman, who, in obedi-
ence to the demands of public opinion, seeks
to vindicate his wounded honor by resort to the
duel, is forever to be excluded from those posts
Of honor, as they are called WILTSHIRE gambler,
the swindler, the seducer, nay, men who violate
every commandment of the decalogue and out
rage all decency and propriety, may strut across
your legislative halls as the proud peers by
law at least) of the purest statesmen in it.
Z" 1t has been said, Mr.. President, that pro-
pose to encircle the brow of the duelist with the
garland of victory and honor. No, sir, | do
not Nor do / propose at any time to unite in
triumphal procession to him. / have only to
offer him the assurance of my sympathy in his
misfortune, for such l regard it to any man
who lives in society, by the laws of which he
is forbidden to fight duel, and by the public
opinion of which he is to be stigmatized with
the reproach of cowardice if he refuse to do so.
Mr.. President, if the practice of duelling is
to be extirpated repeat that it is not to be done
by legislative enactments which are not sus-
| tanned and enforced by public opinion. Let
society, not law, put the seal of its Reproduction
| upon the practice--let the brave and good men
and the pure and lovely women applaud and
not denounce men for refusing to fight, and
| then you will have blow struck in the right
direction against the institution. This, sir, has
been the history of the practice elsewhere. In
England, public opinion has accomplished
what the law has failed to do"
A Georgia paper, the Southern C0ntederacy
is highly pleased with this movement and lets
off the following highly original and scriptpral
argument in favor of the duello:
"Public opinion (says the ConfederGcy) is
law amongst and with all intelligent and cult
waited classes public opinion has tolerated and
| endured duelling. 1t has even been endorsed
| by God himself. The first duel that we read of
was between David the Israelite, and Goliath
the Philstine. Goliath challenged, David ac-
cepted, and the ruddy boy slew the giant. Da-
| vid afterwards became King of Israeli and one
| of the most distinguished statesman of his tribe
| and generation"
At the hazard of being charged with heresy
and of cowardice, we would suggest that public
| opinion would not sustain the practice of duel
| ling, if the punishment were made adequate to
the crime. The law of Virginia DISTINGUISHES
the citizen who fights duel or sends chal-
lenge, within the State limits. The conse-
quence is, that gentlemen evade the law,
and Governors, Judges, grand juries, and
police, wink at the evasion. 1t is only neces-
sary to intimate to an adversary that the Of
Tended party will be found at a specified spot
beyond the limits of the State, on given day
and hour with polite request to be informed
if the adversary would be there, to receive a
written communication, and the whole thing is
arranged. The parties bic them to North Caro-
lima or Maryland, meet in mortal combat, one
of them is m 1rdered, OF perhaps both MANNED
for life, according to strict common law; and
the horrible deed is pronounced by the press
" an affair of honor" The parties, or the sur
vivor, returns to Virginia, and makes public
avowal of the whole transaction, yet the crime
goes unrebuked. The Governor of Maryland
or North Carolina makes no demand upon the
Governor Of Virginia for the rendition OF the
criminals. And it is not at all probable that
they would be surrendered, if the demand were
made.
| We believe that, according to strict common
law, the killing man in a duel is murder. Why
should discrimination be made in the mode