These four duels are mentioned here because they involved citizens of
the highest prominence. They proved clearly to the American people
that King Gundobald's law that "Providence awards the victory to the
juster cause" was wholly untenable.
After the Burr-Hamilton affair severe laws were passed against
duelling; but the influence and power of its advocates rendered it
difficult to get an indictment from a grand jury or a conviction from
a petit jury. After the Terry-Broderick duel, however, it became
easy, and so many convictions were obtained that this mode of trial
was permanently banished from America. Today no one could give better
evidence of unrighteous and murderous intentions than to challenge
another to trial by combat.
It should not be difficult to draw an analogy between this barbarous
and cruel method of trying so-called non-justiciable cases and that of
the great and powerful nations, which make the same false claim that
differences between them are non-justiciable and only to be settled by
trial by combat.
If, as the world has decided, questions of honor between individuals
are justiciable, it must also be true that no question of honor
between nations is non-justiciable.
NATIONAL TRIAL BY COMBAT
Of the present war, I want to record my conviction that, as we are in
it, whether wisely or no, it is the duty of every American to help
prosecute it with all his abilities until peace is attained.
But of war in general, I have much to say. As personal trial by combat
has disappeared from all civilized lands, so national trial by combat
will, I believe, be abolished by force of public opinion, at no very
distant date.
The manner in which this, the greatest of all reforms, can best be
brought about has been with me a matter of the greatest interest, to
which I have given much reflection.
My profession, and Nannie's attachment to it and to me, led us to
see more of humanity than falls to the lot of most. We lived in
almost every State and Territory in the Union, and in several foreign
countries, mingling with many races. We knew the negro, a short time
as slaves, but for over fifty years emerged from bondage, as household
help, as soldiers and as citizens. We learned their racial instincts,
hopes, aspirations and ambitions. As closely, in service with and over
them, we knew the wild Indians. We knew closely and intimately, both
officially and in private life, the misunderstood Mexicans, and the
Chinese and Japanese, who are so misunderstood by our own people.