might for a time be disregarded; or if some ingenious mechanic could
construct a steam-engine which, by different movements, should perform
the work of judge and jury, there would then be some chance that iron
laws might be enforced. But while the old plan of manual labour is
pursued—while judges and juries, and witnesses and counsel, are human
beings, and live in society, it will be in vain to expect from them the
enforcement of edicts which run counter to all their sympathies. Let it
not be supposed that we think harshly of legislators; we do not; but
they have to do only with abstractions. It is easy to fulminate the
terrors of the law against A, B, C, or any or all of the letters in the
alphabet; but it is a very different thing to execute those threats upon
real men of flesh and blood. A, B, and C, have no eyes; A, B, and C,
have no hands, organs, senses, affections, passions. They are not fed
with the same food, hurt with the same weapons, subject to the same
diseases, healed by the same means, warmed and cooled by the same winter
and summer as men are. “If you prick them, they do not bleed; if you
tickle them, they do not laugh; if you poison them, they do not die; and
if you wrong them, they cannot revenge.” Poor A, B, and C, have neither
mothers, mistresses, aunts nor sisters; they do not “appear at the bar
in genteel mourning;” they are not “unfortunate gentlemen.” In short,
they can awake no sympathies; and there is no possible reason why the
law should not take its course in the cases of such wicked and daring
offenders, except that these abstractions cannot be caught.
With respect to one class of the community, officers in the army, the
case is even more glaringly absurd and unjust; for, with regard to them,
the laws of the land are actually at variance among themselves. By the
Mutiny Act, the King has an “unlimited power to create crimes, and annex
to them any punishment not extending to life or limb.”[10] If, then, he
shall be found to have exercised the power in the punishment of officers
for not fighting duels our position will be fully proved.[11]
The intelligent reader must have been, at some time, struck with the
mass of contradictions which, in one shape or other, has been offered to
the world on the subject of duels; divines and law-givers crying murder;
commentators[12] extolling the justice of laws which cannot be executed;
historians[13] deducing effects which they call good, from causes which
they call absurd; and lastly, the world at large, admitting all that can
be said against duels, sometimes demanding sanguinary punishments, which
they would shrink from seeing executed, and sometimes allowing that
although they are shocking things, yet they are necessary “in a certain
rank of life.”