The History of Duelling. Vol. 2 (of 2)Millingen, J. G. (John Gideon)
Philosophy
The History of Duelling. Vol. 2 (of 2)
Millingen, J. G. (John Gideon)
Dueling
“No more disgraceful or demoralising spectacle can possibly be exhibited
before the eyes of a people than the accommodation of the laws, or the
submission of their administrators, to the popular crimes of the higher
classes. Let the Attorney-General say what he will, a crime is not
divested of its inherent moral turpitude by the frequency or the
impunity with which it is committed; nor does felony cease to be a crime
when the felon is countenanced, or even stimulated to the act, by the
class-opinion of the circle which forms ‘his world.’ Every class has in
it an aggressive self-centring principle, which aspires to ride
rough-shod over society, and chafes under the restraint of law. It is
the very object of law to bind together all these discordant interests,
by restraining the eccentricities of each, and compelling each to submit
its own opinion to the central intelligence, which consults for the
common good.
“What the effect upon society in general must be, of letting it be
understood, that there is a crime which must not, or cannot, be
restrained or punished, because peers and ‘gentlemen’ think proper to
commit it, while the law declares it to be felony, we leave those to
judge who know the power of example, and the aptness of the lower orders
to learn evil from their betters. We are firmly convinced, that no more
pernicious or anarchical principle than that of the defenders of
duelling was ever broached by Chartism or even Socialism itself. ‘Strict
legal formality,’ says a contemporary, ‘brought Lord Cardigan to the bar
of the House of Peers under an accusation of felony; and strict legal
formality has given him an unanimous, and, in our opinion, honourable
acquittal.’ All felons, we have no doubt, think the laws under which
they are brought to justice are ‘strict legal formalities;’ and we doubt
not that they will cheerfully accept the doctrine, which renders the law
‘Thou shalt do no murder,’ to be as mere a ‘formality,’ as that which
requires every one of three Christian names to be proved, in order to
sustain an indictment. Lord Cardigan’s acquittal is ‘honourable,’ no
doubt, in the eyes of those who would have thought it equally honourable
to be convicted, and of those alone.
“We beg to direct the attention of our readers to the important
conversation which took place upon this subject yesterday evening in the
House of Lords. Something, we trust, will be done to remedy the evil
consequences of the late trial, ere it be yet too late.”
February 23.
Lord WHARNCLIFFE stated, in the House of Lords, that it was his
intention, if no Law-Lord took up the subject, to bring in a bill to
settle the point with reference to the right of a peer to plead
privilege in case of a felony; as he happened to know that, in the case
of the recent trial, if a conviction had taken place, that point would
have been raised.
March 3.
TRIAL OF CAPTAIN DOUGLAS.
Public-domain text, read in full here on John Shaqi.
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