The time of his absence passed slowly. I was in a dilemma, out of which
I did not clearly see my way; and the colonel continued to punish Jack’s
port, to smoke in silence, and peruse the "Description Book."
Deeply in my heart I cursed alike the amenities of civilized life and
the laws of modern society, which deprived me of the means of swift and
certain retribution, even at the risk of my own life and limbs. Such
trammels, in these days of well-ordered police, luckily, perhaps, compel
us to conceal our hates and animosities; to submit quietly to wrong,
insult, and obloquy, for which the very laws that pretend to protect and
guide us afford no due reparation; trammels that avail greatly the
coarse, the cowardly, and the mean, who may thus sneer or insult with
impunity, when in the old pistol days their lives would have paid the
forfeit; and whatever may have been the folly, error, or wickedness of
duelling as a system, there can be no doubt that, when men had the test
of moral courage as a last resort, the tone of society was higher,
healthier, and better, especially in the army. Then practical jokes,
rudeness, and quizzing were unknown at a mess-table; while an open wrong
or insult bore with it the terrible penalty of a human life.
By the rules of the service I knew that no officer or soldier could send
a challenge to any other officer or soldier to fight a duel, lest, if a
commissioned officer, under the pain of being cashiered; if a
non-commissioned officer or soldier, of suffering corporal punishment,
or such other award as a court-martial might inflict.
The penalties of the civil law I knew to be still more severe; and yet
John Selden, one of England’s most able, learned, and patriotic lawyers,
says that "a duel may still be granted by the law of England, and only
then. That the Church allowed it once appears by this: in their public
liturgies there were prayers appointed for the duellists to say; the
judge used to bid them to go to such a church and pray, &c. But whether
this is lawful? If you make war lawful, I make no doubt to convince you
of it. War is lawful because God is the only judge between two that are
supreme. Now, if a difference happen between two subjects, and it
cannot be decided by human testimony, why may they not put it to God to
judge between them, with the permission of the prince? Nay; what if we
should bring it down—for argument’s sake—to the sword. One gives me the
lie: it is a great disgrace to take it; the law has made no provision to
give remedy for the injury (if you can suppose anything an injury for
which the law gives no remedy), why am not I, in this case, supreme, and
may, therefore, right myself?"
While Beverley and I began to talk over such things, Studhome was, as he
phrased it, "bringing Berkeley to book" in the affair.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account