Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850Various
General
Blackwood's Edinburgh Magazine, Vol. 68, No 422, December 1850
Various
England -- Periodicals; Scotland -- Periodicals
_Bonâ fide_ duels are always lamentable affairs, under whatever
circumstances they may happen, especially when attended by loss of
life or serious personal injury--occurring, too, in a highly civilised
and Christian country like ours. They properly arouse the grief and
indignation of every thoughtful and virtuous member of the community;
whom, however, they also satisfy as to the prodigious practical
difficulty of dealing with such cases. While the law of the land is
clear on the subject as the sun at noonday--alike unquestionable and
unquestioned--there yet exist, in almost every detected duel, far
greater difficulties than are suspected by the public, in bringing
to justice the guilty actors. First of all, it must be borne in mind
how deep an interest they have in cutting off all means of future
evidence, by intrusting a knowledge of the affair to the fewest persons
necessary for carrying it out, and by selecting scenes remote from
observation. Then, again, let it be remembered that both principals
and seconds, and all others present aiding and abetting, have incurred
heavy criminal liability--are liable to be indicted for murder, as
principals or accessories; and, consequently, none of them can be
compelled to furnish any evidence which may even _tend_ to criminate
himself. This great rule of criminal law has doubtless operated as a
great indirect encouragement to duelling; but how is this difficulty to
be encountered? Must the rule be abrogated?
Assuming, however, the existence of evidence, and that it is
satisfactorily adduced before the jury, it then becomes the duty of the
judge and the jury to act in accordance with their oaths: the former to
lay down the law distinctly and unequivocally; the latter to find their
verdict conscientiously according to the principles of law so laid
down, as applicable to the proved facts of the case. If a conviction
ensue, the judge must then pronounce the sentence of the law; and
it then depends upon the discretion and firmness of the executive
whether that sentence shall be carried into effect. Take the case of a
fatal duel, conducted with unimpeachable fairness, as far as concerns
the practice of duelling--and that the prisoner had received great
provocation from his deceased opponent, who had obstinately refused
retractation or apology. What is to be the decision of the executive?
What will be its moral effect, as an encouragement or discouragement of
duelling? Will it operate as a tacit recognition, to any extent, of the
practice of duelling, as at all events a necessary evil, and denuded of
moral turpitude? These are questions by no means of easy solution.
Public-domain text, read in full here on John Shaqi.
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