Dorothy South: A Love Story of Virginia Just Before the WarEggleston, George Cary
General
Dorothy South: A Love Story of Virginia Just Before the War
Eggleston, George Cary
Love stories; Virginia -- Fiction
“Why, make up your minds--or our minds I should say, for I am a
Virginian now with the best of you--whether we will or will not permit
duelling, and make and enforce the laws accordingly. If duelling is
right let us recognize it and put an end to our hypocritical paltering
with it. I’m not sure that in the present condition of society and
opinion that would not be the best course to pursue. But if we are not
ready for that, if we are to go on legislating against the practice, for
heaven’s sake let us make laws that can be enforced, and let us enforce
them. The little incident I have related is significant in its way, but
it doesn’t suggest the half or the quarter or the one-hundredth part of
the absurdity of our dealing with this question.”
“Tell me about the rest of it,” responded Archer, “and then I shall have
some questions to ask you.”
“Well, as to the rest of it, you have only to look at the facts. Years
ago the Virginia Legislature went through the solemn process of
enacting that no person should be eligible to a seat in either house of
our law making body, who had been in any way concerned in a duel, either
as principal or second, since a date fixed by the statute. If that meant
anything it meant that in the opinion of the Legislature of Virginia no
duellist ought to be permitted to become a lawgiver. It was a statute
prescribing for those who have committed the crime of duelling precisely
the same penalty of disfranchisement that the law applies to those who
have committed other felonies. But there was this difference. The laws
forbidding other felonies, left open an opportunity to prove them and to
convict men of committing them, while the law against duelling carefully
made it impossible to convict anybody of its violation. To cover that
point, the Legislature enacted that every man elected to either house of
that body, should solemnly make oath that he had not been in any wise
engaged in duelling since the date named in the statute. Again the
lawgivers were not in earnest, for every year since that time men who
have been concerned in duelling within the prohibited period have been
elected to the Legislature; and every year the Legislature’s first act
has been to bring forward the date of the prohibition and admit to
seats in the law making body all the men elected to it who have
deliberately defied and broken the law. It deals in no such fashion with
men disfranchised for the commission of any other crime. Is not all this
in effect an annual declaration by the Legislature that its laws in
condemnation of duelling do not mean what they say? Is it not a case in
which a law is enacted to satisfy one phase of public sentiment and
deliberately nullified by legislative act in obedience to public
sentiment of an opposite character?”
“It certainly seems so. And yet I do not see what is to be done. You
said just now that perhaps it would be best to legalize duelling. Would
not that be legalizing crime?”
Public-domain text, read in full here on John Shaqi.
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