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
To begin with the preachers. Does it not, we ask, perplex all our ideas
of morality to call the act of killing a man who has fired at me, and
who has agreed to let me fire at him, a murder? Has it anything in
common with stealing to his bed at the dead of night, and stabbing him
in his sleep? Try to shake hands with one murderer (if he must be so
called), and then with the other; do you not feel a difference? Can you
doubt for a moment which man you would rather be, whose feelings you
would rather have, whose remorse you would rather bear?
To legislators we have more to say. In the first place, they have
provided no practical remedy for the wrongs which are now attempted to
be redressed, or at least checked, by duels. If a fellow picks my pocket
of an old handkerchief, I have him transported without much trouble; but
if I am held up to the scorn and ridicule of my friends, provided the
artist be skilful in his profession, provided he can
“Spargere voces
Ambiguas,”
and play off “all the cruel language of the eye,” I am, even in theory,
without redress. Nay, he may venture to go much further, if he have
legal knowledge enough to remember all the nice distinctions which have
been made on the subject. For instance, he must not say I am a
highwayman, but may affirm with impunity that I am worse than a
highwayman; and he may load me with the epithets of “scoundrel, rascal,
villain, knave, miscreant, liar, and fool,”[9] as long as he pleases;
unless I can show that some actual loss in money, or money’s worth, has
accrued to me from his defamation. So that if my character stands so
high, or his character so low, that nobody believes him, he goes
unpunished. But we will suppose his rage to be so excessive as not to be
confined within these ample bounds—we will suppose that after carefully
noting down the words in my pocket-book, and calling upon the bystanders
to con them over often enough to fix them firmly in their memory until
the next assizes, I go to my attorney, and he enters an action against
the slanderer. In due time, I obtain a sight of the pleadings, and find
that I hold myself up as a person of the highest character, and impute
the ill-conduct of the defendant to his great envy of “my happy state
and condition.” Then the slanderous words are _set out_, as the lawyers
call it, with so much verbiage, that they appear quite ludicrous even to
myself. At length we come into court. My counsel affect great gravity,
which does not impose on a single individual; states my case to the
jury, the counsel for the defence laughing judiciously at every part of
his address which is likely to produce any effect. The jury, who do not
remember that an advocate may be paid for laughing as well as for
talking, are, (unconsciously, perhaps,) more influenced by the smiling
face than the oration. The witnesses are next examined, and another
Public-domain text, read in full here on John Shaqi.
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