Memoirs of Extraordinary Popular Delusions and the Madness of Crowds by Charles Mackay (whitelam books txt) 📕

Two of the most notorious duels of modern times had their origin in causes no more worthy than the quarrel of a dog and the favour of a prostitute: that between Macnamara and Montgomery arising from the former; and that between Best and Lord Camelford from the latter. The dog of Montgomery attacked a dog belonging to Macnamara, and each master interfering in behalf of his own animal, high words ensued. The result was the giving and accepting a challenge to mortal combat. The parties met on the following day, when Montgomery was shot dead, and his antagonist severely wounded. The affair created a great sensation at the time, and Heaviside, the surgeon who attended at the fatal field to render his assistance if necessary, was arrested as an accessory to the murder, and committed to Newgate.

In the duel between Best and Lord Camelford, two pistols were used which were considered to be the best in England. One of them was thought slightly superior to the other, and it was agreed that the belligerents should toss up a piece of money to decide the choice of weapons. Best gained it, and at the first discharge, Lord Camelford fell mortally wounded. But little sympathy was expressed for his fate; he was a confirmed duellist, had been engaged in many meetings of the kind, and the blood of more than one fellow-creature lay at his door. As he had sowed, so did he reap; and the violent man met an appropriate death.

It now only remains to notice the means that have been taken to stay the prevalence of this madness of false honour in the various countries of the civilised world. The efforts of the governments of France and England have already been mentioned, and their want of success is but too well known. The same efforts have been attended with the same results elsewhere. In despotic countries, where the will of the monarch has been strongly expressed and vigorously supported, a diminution of the evil has for a time resulted, but only to be increased again, when death relaxed the iron grasp, and a successor appeared of less decided opinions on the subject. This was the case in Prussia, under the great Frederick, of whose aversion to duelling a popular anecdote is recorded. It is stated of him that he permitted duelling in his army, but only upon the condition that the combatants should fight in presence of a whole battalion of infantry, drawn up on purpose to see fair play. The latter received strict orders, when one of the belligerents fell, to shoot the other immediately. It is added, that the known determination of the king effectually put a stop to the practice.

The Emperor Joseph II. of Austria was as firm as Frederick, although the measures he adopted were not so singular. The following letter explains his views on the subject:

“To General * * * * *

“My General,

“You will immediately arrest the Count of K. and Captain W. The count is young, passionate, and influenced by wrong notions of birth and a false spirit of honour. Captain W. is an old soldier, who will adjust every dispute with the sword and pistol, and who has received the challenge of the young count with unbecoming warmth.

“I will suffer no duelling in my army. I despise the principles of those who attempt to justify the practice, and who would run each other through the body in cold blood.

“When I have officers who bravely expose themselves to every danger in facing the enemy—who at all times exhibit courage, valour, and resolution in attack and defence, I esteem them highly. The coolness with which they meet death on such occasions is serviceable to their country, and at the same time redounds to their own honour; but should there be men amongst them who are ready to sacrifice every thing to their vengeance and hatred, I despise them. I consider such a man as no better than a Roman gladiator.

“Order a court-martial to try the two officers. Investigate the subject of their dispute with that impartiality which I demand from every judge; and he that is guilty, let him be a sacrifice to his fate and the laws.

“Such a barbarous custom, which suits the age of the Tamerlanes and Bajazets, and which has often had such melancholy effects on single families, I will have suppressed and punished, even if it should deprive me of one half of my officers. There are still men who know how to unite the character of a hero with that of a good subject; and he only can be so who respects the laws.

“August, 1771. Joseph.”69

In the United States of America the code varies considerably. In one or two of the still wild and simple states of the far West, where no duel has yet been fought, there is no specific law upon the subject beyond that in the Decalogue, which says, “Thou shalt do no murder;” but duelling every where follows the steps of modern civilisation; and by the time the backwoodsman is transformed into the citizen, he has imbibed the false notions of honour which are prevalent in Europe and around him, and is ready, like his progenitors, to settle his differences with the pistol. In the majority of the States the punishment for challenging, fighting, or acting as second, is solitary imprisonment and hard labour for any period less than a year, and disqualification for serving any public office for twenty years. In Vermont the punishment is total disqualification for office, deprivation of the rights of citizenship, and a fine; in fatal cases, the same punishment as that of murderers. In Rhode Island, the combatant, though death does not ensue, is liable to be carted to the gallows, with a rope about his neck, and to sit in this trim for an hour exposed to the peltings of the mob. He may be further imprisoned for a year, at the option of the magistrate. In Connecticut the punishment is total disqualification for office or employ, and a fine varying from one hundred to a thousand dollars. The laws of Illinois require certain officers of the state to make oath, previous to their instalment, that they have never been, nor ever will be, concerned in a duel.70

Amongst the edicts against duelling, promulgated at various times in Europe, may be mentioned that of Augustus King of Poland, in 1712, which decreed the punishment of death against principals and seconds, and minor punishments against the bearers of a challenge. An edict was also published at Munich, in 1773, according to which both principals and seconds, even in duels where no one was either killed or wounded, should be hanged, and their bodies buried at the foot of the gallows.

The king of Naples issued an ordinance against duelling in 1838, in which the punishment of death is decreed against all concerned in a fatal duel. The bodies of those killed, and of those who may be executed in consequence, are to be buried in unconsecrated ground, and without any religious ceremony; nor is any monument to be erected on the spot. The punishment for duels in which either, or both, are wounded, and for those in which no damage whatever is done, varies according to the case, and consists of fine, imprisonment, loss of rank and honours, and incapacity for filling any public situation. Bearers of challenges may also be punished with fine and imprisonment.

It might be imagined that enactments so severe all over the civilised world would finally eradicate a custom, the prevalence of which every wise and good man must deplore. But the frowns of the law never yet have taught, and never will teach, men to desist from this practice, as long as it is felt that the lawgiver sympathises with it in his heart. The stern judge upon the bench may say to the unfortunate wight who has been called a liar by some unmannerly opponent, “If you challenge him, you meditate murder, and are guilty of murder!” but the same judge, divested of his robes of state, and mixing in the world with other men, would say, “If you do not challenge him, if you do not run the risk of making yourself a murderer, you will be looked upon as a mean-spirited wretch, unfit to associate with your fellows, and deserving nothing but their scorn and their contempt!” It is society, and not the duellist, who is to blame. Female influence too, which is so powerful in leading men either to good or to evil, takes in this case the evil part. Mere animal bravery has, unfortunately, such charms in the female eye, that a successful duellist is but too often regarded as a sort of hero; and the man who refuses to fight, though of truer courage, is thought a poltroon, who may be trampled on. Mr. Graves, a member of the American legislature, who, early in 1838, killed a Mr. Cilley in a duel, truly and eloquently said, on the floor of the House of Representatives, when lamenting the unfortunate issue of that encounter, that society was more to blame than he was. “Public opinion,” said the repentant orator, “is practically the paramount law of the land. Every other law, both human and divine, ceases to be observed; yea, withers and perishes in contact with it. It was this paramount law of this nation and of this House that forced me, under the penalty of dishonour, to subject myself to the code, which impelled me unwillingly into this tragical affair. Upon the heads of this nation, and at the doors of this House, rests the blood with which my unfortunate hands have been stained!”

As long as society is in this mood; as long as it thinks that the man who refuses to resent an insult, deserved that insult, and should be scouted accordingly; so long, it is to be feared, will duelling exist, however severe the laws may be. Men must have redress for injuries inflicted; and when those injuries are of such a nature that no tribunal will take cognisance of them, the injured will take the law into their own hands, and right themselves in the opinion of their fellows, at the hazard of their lives. Much as the sage may affect to despise the opinion of the world, there are few who would not rather expose their lives a hundred times than be condemned to live on, in society, but not of it—a by-word of reproach to all who know their history, and a mark for scorn to point his finger at.

The only practicable means for diminishing the force of a custom which is the disgrace of civilisation, seems to be the establishment of a court of honour, which should take cognisance of all those delicate and almost intangible offences which yet wound so deeply. The court established by Louis XIV. might be taken as a model. No man now fights a duel when a fit apology has been offered; and it should be the duty of this court to weigh dispassionately the complaint of every man injured in his honour, either by word or deed, and to force the offender to make a public apology. If he refused the apology, he would be the breaker of a second law; an offender against a high court, as well as against the man he had injured, and might be punished with fine and imprisonment, the latter to last until he saw the error of his conduct, and made the concession which the court demanded.

If, after the establishment of this