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.20

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 civilized 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 cognizance 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 civilization, seems to be the establishment of a court of honour, which should take cognizance of all those delicate


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