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or in any way whatsoever, the risdiction, or shall be considerprobable issue of which may or ed in law a sufficient authority, might terminate in the death of for a Magistrate to issue his war. the challenger or challenged, tant against the accused where such person shall be incapable of an examining court is necessary. holding or being elected to, any 5. And be it further cnacied, post of profit, trust, or emolu. That when any Judge or Magis. ment, civil, or military, under trate of this Commonwealth has the government of this common- good cause to suspect any perwealth.
son or persons are about to be 3. And be il further enacted, engaged in a duel, he may issue That from and after the passing his warrant to bring the parties of this act, every person who before him; and if he shall think shall be appointed to any office proper to take of them a recog. or place, civil or military, under nizance to keep the peace, be this cominonwealth, shall, in ad- shall inscrt in the condition, that dition to the Oath now prescribe the party or parties shall not ed by law, take the following during the time for which they Oath: I do solumnly swear were bound, directly or indirect. affirm (as the case may be) that ly, be concerned in a duel, either I have not been engaged in a with the person suspected, or duel by sending or accepting a any other person, within the time challenge to fight a duel, or by limited by the recognizance. Fighting a duel, or in
other 6. Ana be it further enacted, manner in violation of ihe Act That if any person or persons entitled, "An act to suppress shall, for the purpose of eluding duelling," since the passage of the operation of the provisions that act, nor will I be 80 concern. of this law, leave the state; the ed, directly or indirectly, in such person or persons so offending duel during my continuunce in shall be deemed as guil:y; and office: So help me God.
be subject to the like penalties 4. And be it further enacted, as if the offence had been comThat it shall be the duty of the mitted within this commonJudges of the circuit courts, and wealth. If any person shall the county courts, at their quar- leave this state with the integterly sessions, to give in charge tion of giving or receiving a expressly to the jury all the laws challenge to fight a duel, or of in force to suppress dueliing; aiding or abetting in giving or also to charge the jury to present receiving such challenge, and all persons concerned in carry- a duel shall actually be fought, ing, sending or accepting a chal- whereby the death of any person lenge; and if any person shall be shall happen, and the person so presented in such courts, the leaving the state shall remain said courts shall, if they have thereout so as to prevent his jurisdiction of said offences, apprehension for the purpose of proceed to trial of the same in a trial; or if any person shall ihe ordinary way; and if not, that fight a duel in this state, or aid, the presentment shall be either orabet therein, whereby any percertified by the order of the son shall be killed, and then flee Court, to such court as has ju. into another stale to avoid his
trial; in either case, it shall be who are hereby declared to be the duty of the Executive, and the sole judges of the damages they are hereby directed, to sustained. Provided, that nothadopt and pursue all legal steps ing herein contained shall be to cause any such offender to be construed to deprive the several apprehended and brought to trial courts of this commonwealth in the county where the offence from granting new trials, as herewas committed, when the duel tofore. shall have been fought within 9. This act shall be in force the state, aud when it shall have from the first day of April next. been fought without the state, then in that county where in the opinion of the Executive the evidence against the offender can In addition to the judicious be best obtained and produced comments of our correspondent, upon his trial.
we shall offer a few remarks. 7. Be it further enacted, That 1. It is a subject of great pleasit shall be the duty of the attor- ure, that Virginia, so long burnies of the commonwealth for the dened with the guilt of duelling, county courts to give informa- should take the lead in reformation to the Executive when a case tion. In 110 part of our country, shall arise in their counties re- and probably in no part of the spectively which will render the world, bave duels been more freinterposition of the executive quent or more deadly, than in authority, under this act, necessa. Virginia. To such a height had ry; and the said attornies, either the evil arisen, that, as a senator at the first quarterly court of in Congress from that state intheir respective counties after formed a member of Congress the commencement of this act, from New England, a very large or at the time of their acceptance proportion of the most promising of their offices, where they shall young men fell in single combat. hereafter be appointed,' shall This was too much even for dutake the following Oath: I do ellists; for no man, unless cxsolemnly swear or affirm (as the tremely barbarous, de praved, and case may be) that I will, to the destitute of natural affection, can best of my judgment, execute the be willing that the life of a promduly imposed on me by the act for ising son should depend upon suppressing duelling: So help every freak of youthful passion. me God.
2. Though, as our correspond8. And be it further enacted, ent observes, the chief power of That all words which from their the act is in the second section, usual construction, and common yet the grand invention is in the acceptation, are considered as in- third. This prevents the power sults, and lead to violence and of the act from becoming quiesa breach of the peace shall here- cent, and will continue to preafter be actionable, and no plea, vent it. Several European monexception, or demurrer, shall be archs bave forbidden duellists to sustained in any court within hold offices; but this prohibition this commonwealth to preclude never produced its intended a jury from passing thereon, effect. Why? Because Vol. V. New Series.
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4. And be it furti That it shall be the Judges of the circuit the county courts, at terly sessions, to giv expressly to the jury in force to suppres also to charge the jur all persons concerne ing, sending or accep lenge; and if any per presented in such said courts shall, if jurisdiction of said proceed to trial of th. ihe ordinary way; and the presentment shal. certified by the orde Court, to such court
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en repeatedly evaded in New described be, followed by others
We had intended to offer a few
How do we treat incen- affair, when compared with the
indeed, but it was just CRUELTY TO ANIMALS.
For the Panoplist. 'he present time seems to
Mr. Editor, iny attempts, in which the HOWEVER much it may surprise dgood may engage, to put you, to be formally addressed by he crime of duelling, and one of the feathered tribe, I it from our country. Vir- doubt not you will be prompted nd North Carolina have by compassion to give me a paood laws on the subject; tient hearing; and I hope you 1, that either Kentucky or will consent, to lay my unhappy see has done the same; and perilous case before your York, a powerful Anti- readers. It is my pitiable lot to
Association has been live in a part of the country, in Massachusetts, the where sporting with the lives and ion of Congregational sufferings of my species has beanimously presented a come a very fashionable and popal to the Legislature on ular amusement. Scarcely had luct, in 1809;t and the I done seeking shelter and repose
duelling would creep under the maternal wing, when England has excited a my affectionate mother was vio, horror in the minds of lently torn from my side, in the wiends of hunian happi- dead of night, by å gang of unat the exertions above tecling sportsmen, and, to the
unspeakable griei sof our whole paper on duelling in the family, was the next day brought »April, 18.1, p. 194. out, bound to a stake, and noje 4, for June 18:09, p.21. withstanding her incessant crics
was either not enforced at all, or posing him to be ever so unprinvery partially, and temporarily. cipled. He fights for reputation. The same thing has often been Duels are never kept secret. conversed upon, as a desirable They are never intended to be expedient, in this country; but kept secret. The duellist will the question has always occur. not, therefore, come forward and red, Will the law be executed? take the place of a knewn public And, for ourselves, we have liar, and perjurer. The mouths always answered in the negative, of all men, eren of the most corand have given this reason: So rupt society on earth, would be long as the crime is tolerated by opened against him, should be the general voice, and regarded perpetrate so odious a crime. as an honorable method of pro- Nor will the duellist fight after curing or preserving a reputa- he has taken the anti-duelling tion, grand juries will not pre. oath. His character for consisi. sent the criminal, sheriff's will ency, and all his hopes of pronot apprehend him, judges will motion, would be destroyed at try him with reluctance, petit the same time. Thus we think juries will not bring him in the law must be executed, even guilty. But this reason on the worst plausible supposialways predicated on the suppo
tions. But from the fact, that sition, that conviction was to pre. the law passed by a large majorcede the disability. The grand ity, we are ready to conclude, invention of this act, however, that a large majority of officerenders conviction unnecessary, holders take the oath conscienor rather makes the candidate for tiously and sincerely. We have office execute the law upon him- been informed on the best authorself. From the moment, there. ity, that the judges have zealousfore, that the provision in the ly performed the duties assigned third section came to our knowls them by this act. They even adedge, we were strongly of opin- ministered the anti-dwelling oath ion that the law must be effica- to lawyers when admitted to the cious. Possibly we were too bar, for a considerable time; till, sanguine; but our reasons were
after an elaborate argument, they these. The oath prescribed in decided, correctly, that practisthe third section must be taken ing as an attorney was not holdduring the existence of the law, ing a post of profit, trust, or even supposing the law to be emolument, under the commonever so unpopular. It must be wealth. taken, because no man can be 3. It is very observable, on a qualified for office without hav. perusal of this act, that the ing iaken it; and of course no legislature was deeply in earman can discharge the duties of nest, and desirous of utterly prean office, without having taken venting the crime.
Let other it: in other words, civil govern- legislatures exhibit a similar ment cannot exist, unless this zeal with respect to this, and the oath is taken by office-holders. other crimes, which cover our But will not the duellist, who country with guilt and shame, has violated this law, forswear and some practicable remedy himself? No; he will not, sup- will be found. The laws have