The International Magazine, Volume 2, No. 3, February, 1851Various
History
The International Magazine, Volume 2, No. 3, February, 1851
Various
Art, Modern -- 19th century -- Periodicals; Literature, Modern -- 19th century -- Periodicals; Science -- History -- Periodicals
"Let us also bear in mind the main cause of our improvement! It is due
to the majesty of law, to state that, had she been less faithful,
society would have grown more reckless. Public opinion and the law of
the country have had a hard fight for the mastery, and had the latter
given way but an inch, the former would have found us to-day in the
hands and at the mercy of the bullies. Judges have never hesitated to
declare that murder which juries by their verdicts have as perseveringly
regarded as justifiable homicide. In vain have eloquent counsel risen to
prove that the prisoner bore his antagonist no ill-will; that he did not
'wickedly and maliciously' challenge his victim to fight; that he had
recourse to the sole means within his power to right himself with the
world; that society would have branded him eternally for a coward had he
held back; that he took up his weapon in self-defence precisely as a man
levels his gun at the house-breaker or the midnight assassin;--the
expounder of the law has still been proof against sophistry which, once
accepted, must tend inevitably to social disorganization. The
_deliberate resolution_ to kill a fellow-creature has nothing to do with
self-defence. To destroy another in cold blood is murder in the sight of
the law, and can assume no other aspect. But what availed it that the
judge stood firm by the statute, when juries as pertinaciously backed
the sentiment of the world and refused the law permission to take its
course? It availed much. The unseemly conflict has been carried on until
at length civilization has become shocked by the spectacle. The effect
of the ever-recurring encounter is something worse than ridiculous. It
has taken years to bring us to our senses, but we are rational at last.
Public opinion exercises its good sense, and since it cannot bring the
law into harmony with its desperate folly, deems it expedient to shape
its own views in conformity with unbending law. To slay in a duel is to
commit murder, though men do not hang for the crime. To be a murderer
with benefit of clergy is but an odious and irksome privilege after all!
Public-domain text, read in full here on John Shaqi.
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