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
Much good would result from making it the duty of the coroner to hold an
inquest after every duel, whether the consequences had been fatal or
not. When a pistol is discharged, accident alone determines what shall
be the consequence. The guilt of the shooter is just the same, whether
the ball take effect or not. It is true the parties might, according to
the law as it now exists, be prosecuted, and since Lord Ellenborough’s
Act they are liable to be capitally convicted; but it has not been made
the particular duty of any public officer to see the law put into
execution, and consequently nothing is done. Since, however, a great,
and perhaps the greatest part of the efficacy of punishment results from
the certainty of its infliction, it is evident that every temptation to
violate the law, from the hope that accident will be favourable, ought
to be cut off.
In the present state of society, the total abolition of duels cannot, as
experience abundantly shows, be effected. A speedy, certain, and
reputable method of punishing insults must first be discovered and
established. At present, with respect to those injuries, society is in a
state of nature. The right of private war has only been surrendered,
because the individual is better protected by the arm of the law than by
his own strength. Whenever there shall be instituted a supreme court, to
act as arbiter among nations, public war will, for the same reason, fall
into disuse, or will only be made for the purpose of chastising a
refractory member of this great community, just as the police officers
may be said to carry on war against the criminals whom they apprehend.
But as it would be preposterous to expect a nation to sit down quietly
under its wrongs until such a court is appointed, so it is equally
unreasonable to demand that private men should always refrain from
redressing, by their own means, those grievances for which the law
offers no remedy. By the plan which we have proposed the balance of pain
would be fearfully against the aggressor; and that noxious animal, the
bully, must soon become extinct. At present he stands on equal ground
with his antagonist; or rather, from having made a just estimate of the
worthlessness of his own life, he is aware that the stakes are in his
favour. Add to this, he generally has no better occupation for his time
than to become very expert at his weapons. In England, these creatures
are happily become rare; but in Ireland, notwithstanding its boasted
exemption from venomous animals, in France, in the United States, and in
our own colonies, the breed still flourishes—at once the terror and the
disgrace of civilized society.
THE END.
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LONDON: PRINTED BY SAMUEL BENTLEY, BANGOR HOUSE, SHOE LANE.
FOOTNOTES
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Footnote 1:
See Spelman’s Glossary ad vocem “Campus.”
Footnote 2:
Public-domain text, read in full here on John Shaqi.
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