trial; in either case, it shall be the duty of the Executive, and they are hereby directed, to adopt and pursue all legal steps to cause any such offender to be apprehended and brought to trial in the county where the offence was committed, when the duel shall have been fought within the state, aud when it shall have been fought without the state, then in that county where in the opinion of the Executive the evidence against the offender can be best obtained and produced upon his trial. 7. Be it further enacted, That it shall be the duty of the attornies of the commonwealth for the county courts to give information to the Executive when a case shall arise in their counties respectively which will render the interposition of the executive authority, under this act, necessary; and the said attornies, either at the first quarterly court of their respective counties after the commencement of this act, or at the time of their acceptance of their offices, where they shall hereafter be appointed, shall take the following Oath: I do solemnly swear or affirm (as the case may be) that I will, to the best of my judgment, execute the duty imposed on me by the act for suppressing duelling: So help me God. 8. And be it further enacted, That all words which from their usual construction, and common acceptation, are considered as insults, and lead to violence and breach of the peace shall hereafter be actionable, and no plea, exception, or demurrer, shall be sustained in any court within this commonwealth to preclude a jury from passing thereon, VOL. V. New Series. who are hereby declared to be the sole judges of the damages sustained. Provided, that nothing herein contained shall be construed to deprive the several courts of this commonwealth from granting new trials, as heretofore. 9. This act shall be in force from the first day of April next. REMARKS. In addition to the judicious comments of our correspondent, we shall offer a few remarks. 1. It is a subject of great pleasure, that Virginia, so long burdened with the guilt of duelling, should take the lead in reformation. In no part of our country, and probably in no part of the world, have duels been more frequent or more deadly, than in Virginia. To such a height had the evil arisen, that, as a senator in Congress from that state informed a member of Congress from New England, a very large proportion of the most promising young men fell in single combat. This was too much even for duellists; for no man, unless cxtremely barbarous, depraved, and destitute of natural affection, can be willing that the life of a promising son should depend upon every freak of youthful passion. 2. Though, as our correspondent observes, the chief power of the act is in the second section, yet the grand invention is in the third. This prevents the power of the act from becoming quiescent, and will continue to prevent it. Several European monarchs have forbidden duellists to hold offices; but this prohibition never produced its intended effect. Why? Because the law 360 or in any w probable issu might termin the challenge. such person sh holding or bein post of profit, t ment, civil, or the government wealth. 3. And be it f That from and a of this act, ever shall be appointe or place, civil or · this cominonwealt dition to the Oath ed by law, take Oath: I do solemi affirm (as the case I have not been duel by sending o challenge to fight a fighting a duel, or manner in violation entitled, "An act duelling," since the that act, nor will I b ed, directly or indire duel during my co office: So help me G 4. And be it furt 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 the ordinary way; and the presentment shal certified by the orde Court, to such court en repeatedly evaded in New gland by crossing the line of state. This pitiful evasion uld never be suffered to gain und here. Yet some persons I make up a grave face, and how a man can be tried for Ame done without the jurison of the state? Let him be for trial into the state where rime was committed. Let be seized, confined, and ed like a criminal; and this ice of crossing the line to the laws would quickly How do we treat incens, horse-thieves, counters of money, and other crimof the same sort? Was it heard, that a burglar was g to have it publicly known, e broke open and robbed a indeed, but it was just he line of New Hampshire, de Island?* 'he present time seems to paper on duelling in the described be, followed by others of a suitable character, and the cause of virtue and good order will prevail. We had intended to offer a few remarks on the folly of the crime in question, as exhibited in some recent duels; but our limits forbid. We would only refer the reader to an official account, (lately published with great pomp,) of a duel between Brigadier General Alexander Smyth, and one of his inferior officers. If the reason for accommodating that affair, when compared with the reasons for fighting, does not border on idiocy, then we confess ourselves unable to judge in such matters. CRUELTY TO ANIMALS. For the Panoplist. Mr. Editor, HoWEVER much it may surprise you, to be formally addressed by one of the feathered tribe, I doubt not you will be prompted by compassion to give me a patient hearing; and I hope you will consent, to lay my unhappy and perilous case before your readers. It is my pitiable lot to live in a part of the country, where sporting with the lives and sufferings of my species has become a very fashionable and popular amusement. Scarcely had Idone seeking shelter and repose under the maternal wing, when my affectionate mother was violently torn from my side, in the dead of night, by a gang of unfeeling sportsmen, and, to the unspeakable grief of our whole family, was the next day brought out, bound to a stake, and note withstanding her incessant erics was either not enforced at all, or very partially, and temporarily. The same thing has often been conversed upon, as a desirable expedient, in this country; but the question has always occurred, Will the law be executed? And, for ourselves, we have always answered in the negative, and have given this reason: So long as the crime is tolerated by the general voice, and regarded as an honorable method of procuring or preserving a reputation, grand juries will not present the criminal, sheriffs will not apprehend him, judges will try him with reluctance, petit juries will not bring him in guilty. But this reason was always predicated on the supposition, that conviction was to precede the disability. The grand invention of this act, however, renders conviction unnecessary, or rather makes the candidate for office execute the law upon himself. From the moment, therefore, that the provision in the third section came to our knowl edge, we were strongly of opinion that the law must be efficacious. Possibly we were too sanguine; but our reasons were these. The oath prescribed in the third section must be taken during the existence of the law, even supposing the law to be ever so unpopular. It must be taken, because no man can be qualified for office without hav. ing taken it; and of course no man can discharge the duties of an office, without having taken it: in other words, civil government cannot exist, unless this oath is taken by office-holders. But will not the duellist, who has violated this law, forswear himself? No; he will not, sup posing him to be ever so unprin cipled. He fights for reputation. Duels are never kept secret. They are never intended to be kept secret. The duellist will not, therefore, come forward and take the place of a known public liar, and perjurer. The mouths of all men, even of the most corrupt society on earth, would be opened against him, should he perpetrate so odious a crime. Nor will the duellist fight after he has taken the anti-duelling oath. His character for consistency, and all his hopes of promotion, would be destroyed at the same time. Thus we think the law must be executed, even on the worst plausible suppositions. But from the fact, that the law passed by a large majority, we are ready to conclude, that a large majority of officeholders take the oath conscientiously and sincerely. We have been informed on the best authority, that the judges have zealously performed the duties assigned them by this act. They even administered the anti-dwelling oath to lawyers when admitted to the bar, for a considerable time; till, after an elaborate argument, they decided, correctly, that practising as an attorney was not holding a post of profit, trust, or emolument, under the common wealth. 3. It is very observable, on a perusal of this act, that the legislature was deeply in earnest, and desirous of utterly preventing the crime. Let other legislatures exhibit a similar zeal with respect to this, and the other crimes, which cover our country with guilt and shame, and some practicable remedy will be found. The laws have been repeatedly evaded in New England by crossing the line of a state. This pitiful evasion should never be suffered to gain ground here. Yet some persons will make up a grave face, and ask, how a man can be tried for a crime done without the jurisdiction of the state? Let him be sent for trial into the state where the crime was committed. Let him be seized, confined, and treated like a criminal; and this practice of crossing the line to evade the laws would quickly cease. How do we treat incendiaries, horse-thieves, counterfeiters of money, and other criminals of the same sort? Was it ever heard, that a burglar was willing to have it publicly known, that he broke open and robbed a house indeed, but it was just over the line of New Hampshire, or Rhode Island?* 4. The present time seems to favor any attempts, in which the wise and good may engage, to put down the crime of duelling, and banish it from our country. Virginia and North Carolina have made good laws on the subject; it is said, that either Kentucky or Tennessee has done the same; in New York, a powerful AntiDuelling Association has been formed; in Massachusetts, the Convention of Congregational clergy unanimously presented a memorial to the Legislature on the subject, in 1809; and the fear that duelling would creep into New England has excited a general horror in the minds of all real friends of human happiness. Let the exertions above See the paper on duelling in the Panoplist for April, 18.1, p. 494. See Pan. for June 1809, p.21. described be, followed by others of a suitable character, and the cause of virtue and good order will prevail. We had intended to offer a few remarks on the folly of the crime in question, as exhibited in some recent duels; but our limits forbid. We would only refer the reader to an official account, (lately published with great pomp,) of a duel between Brigadier General Alexander Smyth, and one of his inferior officers. If the reason for accommodating that affair, when compared with the reasons for fighting, does not border on idiocy, then we confess ourselves unable to judge in such matters. CRUELTY TO ANIMALS. For the Panoplist. Mr. Editor, HOWEVER much it may surprise you, to be formally addressed by one of the feathered tribe, I doubt not you will be prompted by compassion to give me a pas tient hearing; and I hope you will consent, to lay my unhappy and perilous case before your readers. It is my pitiable lot to live in a part of the country, where sporting with the lives and sufferings of my species has become a very fashionable and popular amusement. Scarcely had I done seeking shelter and repose under the maternal wing, when my affectionate mother was violently torn from my side, in the dead of night, by a gang of unfeeling sportsmen, and, to the unspeakable grief of our whole family, was the next day brought out, bound to a stake, and notwithstanding her incessant erics |