The Sun.
London, England, 1844-03-15 00:00:00

tit7------------
50ti"1324 the guilt or innocence of the contend-
ic.y, by iiii-%
Bur
was first introduced in the sth cen-
'hey ot 's6llrgundians, in order to supply the de-
-4,41;i, the lacy. The courts of law, which were
Wiist,z,:eB injuriarum, provided remedies for offences
S',lll.o.Le person and against property, but where a
re ii,"wir was attacked no remedy was provided.
tkightbeere a.thousand ways in whicha man's honour
7 and sc). Impugned that he could-not sit tamely
wbill„ endure the imputations cat upon him for
k4(l.o‘ea law ought to provide a rentecTyc -but it had
1 doff so ~.. . .
e)raet.i • There were codes of honotetegulating
kl'C. "of duelling, but it was evidently an ab-
m practice, for 6 it made no distinction between
nce. He was aware that some per-
laecast ridicule on courts of honour, but they
lobeestaca,iblished in many countries, and were found
,;- °- advantage, Lage. In the army of the Emperor of
,Niole7officer could fight a duel without having
!1 this l'u a court of honour ; and in former times
nilatteellatry there was a tribunal of a somewhat
Sh,_ attire, namely the court of chivalry. Judge ,
ktfirsolle said that duelling would not be put an end
%of rac Means was devised which would, in the
11% to leeietY give an injured person equal repara-
-10 'hat '
Am a recourse to duelling was now supposed .
'4lch h* He thought that if a court like that to
t'tzlishe,,lllid alluded were established it would ac-
',.!) be this object. The nature of every quarrel
„Vitt drantight before such a court, and the judges
Athey wir I,lp such an apology for the insult offered
Ithieted:cla deem adequate ; and if the offending
t't al ed to make the apology, the facts would be
if by..l_and the injured. individual would
olhaqo,7 righted in public opinion.—(Hear.)
Ottekivernraent are really anxious to put an end
4' g_
he believed that means could be devised
'llits "IR that object. He would suggest the ap-
E1N,..., of a court of honour; a jury might be
"u 4 t4llO- were as nearly equal as possible in sta-
ke lkatu., Parties concerned, and who would there-
!-ae to decide in a satisfactory manner upon
ItSit.i.4on brought before them.
t, Ie'tTEEL said the Hon. Gentleman proposed
h,4itchi•-`l°,llse should pass a resolution declaring
,Ili lote,'ling is immoral in its tendency, that it
4 tel.,. contempt the laws of the country, is con 7
: ,Divine command, and ought to be abolished."
f'thafiLs that the House would pause before it dealt
C.% 4 'lees by means of resolutions.—(Hesr, hear.)
wh7gerous precedent for them to establish to
th:laaeo.„,,‘ was or was not in conformity with the
; %,,-,"ltoand.—(llear, hear.) It was an easy
,1.1/4N,"lPndious .way of dealing with criminal
11,41,1 ti Their proper province was to prohibit by
'tea that which they thought ought to be pro-
rlst,and it was a dangerous example to establish
SNI 6„eee 'by resolution that which, in their judg-
C: 84 to be suppressed.—(Hear, hear.) If
LeYaklil3 Were not effectual for their purpose, if
Cet of Practically disregarded, and they had no
tiiezitooleda'rrYing them into effect, the passing of
t... not but tend to lower their character as a
ll: e• Let them suppose that they assed this
kill-) i'„ jlow were they to enforce it?—(Hear,
k,l`.;_tile case of officers in the public employ,
`reile 45 of the Crown,it . might be possible to
'.
Sortie influence; ut how very. small a pro-
tZt./.ol,.,,society was amenable to this species of
oZZtetetithe great mass of men would be perfectly
f b
~ 1337 a resolution, and if they failed in their
?kt;,7Y would not only establish a noxious pre-
undertaking to undertaking to determine by resolution what
.41 8 not an offence in law, and,• above all, what
LEt '1,„„„.
..e3' to the Divine command ; but-they would
r.'lletical proof that their authority was inef-
o7tfa' (Hear, hear.) Upon this general ground,
opt' applicable. .not only to duelling but to offi-
lt?tor,LeYy description, he deprecated the denounc-
,ll4-ran acts by resolutions of that House: But
'eos ; Gentleman who had proposed the 'reso-
-41 oka,ld, it was , his . intention to bring in
. ity ,Lnis subject. If he contemplated the pos-
1N :f.' dealing effectually with this, offence by
illfsr 1 an enactment, why did he preface his mo-
el/4, heave to bring in a Bill by a resolution ?
li' . ear.) If legislation could. be effectual, the
, °II, ti was -unnecessary.—(Hear;.' hear.) .If the
entleman, having passed his resolution, should
ilft n
etatibato legislate, and should. fail .in legislating
llthei:l3') he thought his resolution would stand in
ratve Avvkvvard position, through his being unable
tiel/444,;.effeet to it by any substantive enactment.—
tlia.hear.) Taking -either alternative, therefore,
1' not see what they could gain by pass-
...resolution. Having made these re-
nitts 4'e must say that he thought the mat-
il'4l, /Ole deserving of the most serious considera-
-1 t: that if any remedy could be applied, it•
44 ktt' duty of that House to give the subject their
Nterciention.—(Hear, hear.) And if the Hon.
kieta 4n Would, upon a future night, submit to
ig,a h, plans with respect to legislation in the
til '•,,, It Bill, he would undertake to say that no
ii:IelkIll Ilint should be offered to its introduction,
L retin_eraust of course reserve to himself the full
, NZ of forming an opinion as to the policy of
Ole Igro which might be proposed. The speech
~.g1e1114., n• Gentleman had.not diminished the doubts
jll47„entertained as to the probability, of success.
Kettnen'4_ltear.) lie had • only shadowed forth the
due, first $.„4-4 which he thought might be effectual.
twl'ltitlptiwas a law providing that in no case should
N,llpe.,....llishment attach•to duelling, excepting where
ki- as f
tg.. Oill, ought without seconds. Now that pro-
rued 41.4 deepened the impression which he enter-
LeiOt. 'lO the extreme difficulty of dealing with sub-
C.)- `lt nature by means of legislation.—(Hear,
Oatin„e was very much afraid -of adopting any
LA 6,:" Which should appear to give a sanction to
0%) b',.:,however it might be conducted.—(Hear,
o.!t, 4-1... the good sense and the moral feeling of
Neere opposed to duelling—if there were a
Ni on of the practice—he was afraid lest they
tft,„ etc
t''"eiet.„ enrage by legislation that which the tone
,Ijas practically prohibiting.—(Hear, hear.)
ij. er,"44,eY were to pass the law to which the
ltd-tis_.`dernan had referred—suppose they :were to
~ that if in the heat of excitement, if in a mo-
Nl.ritation,.pistols being within reach, parties
1‘74, vytp.a duel, they should be liable to punish-
-01,..N.. tot those who went home, ,deliberately, se-
L'elgta.,,,elr seconds, and fought • according to
ottve7llages should be excused, it would
lopiedifficult to pass such a law with-
b,lice difficult
to lend an implied sanction to the
Ito of duelling, when conducted accord-
l:llly th established rule.—(Hear, hear.) Cer-
g:trewiPolicy and the principles of English law
tAs th comparative indulgence the man who
Lordtt° the influence of passion. Take the case
Yr°ll and Mr. Charlton, who retired im-
ot:. /4 Without seconds, in consequence of a dis-
46;ne et, e law would view with more toleration an
OOtt a I.4nlitted in the heat of passion, than the de-
reelTeal to seconds, and a duel fought, after wait-
Ilie"t, LumaYs, according to rule. The tone of society
4 4 Were' great influence in this matter ; but when
1.041a-ol dealing on such a subject by legislation,
~•ta•-.,tieeedingly difficult to enact that, under cer-
; kstanees favour should be shown, without
o • '
(1 . elk ImPly an opinion that the practice under
tketailri he-instances, was entitled to indulgence.—
A~~lqt. ararli.) The very mention of seconds in the
NI -1444 ament must have that effect. An Act of
1/4 Yi'aoti " on the subject must be drawn up techni-
1444itei,e°,nstrued literally ; and to use such words
40*.ovrt" and seconds in the manner that he
h' fled would have an opposite effect to that
44404 Z
.intended. Now there was • another• sug-
lls ht Zie by the Hon. Gentleilian- •
,to` which he
li.
kkl4.apoe.," solvent men would objdet.==.ll.:aliihter.)
IthNools*ted that if a man fell in a duel Ihe.survivhig
ketlitei, should be liable to pay his debts..--
14e),-, Now that proposal was certainly more
141V‘iliikto 1.1,(.0 the man who was extensively in debt
kt, Ntegit;:7 man who had no debts to discharge.
Nerlale 't to another motive for duelling, he thought
1.4 tutui iiNvaB now almost at an end. The most pests-
>t *-Ne 143.," in society was the man who attempted
SIY qb:Putation by duelling(Hear, hear)—and
narate; happened that this man was, in truth,
'401,1 alio ", eoward. He thought society would now
41,4,,,tikth class of persons with contemPt, rather than
?,44-ti? shol„a„,admiration. If, however, they said that
,4 Itt, liesiitt7 be liable to pay the debts 'of the person
1, ~`41.1%,A,,,' slaughtered, all he could say was that
,11414' tal,e"l'ed to establish a reputation- by, duelling
Nt,_`,4,113. ,e_are to select as his antagonist a man
S 4 Letilihrerfectly solvent.. When ;the ,Honourable
It IiLL mentioned this as an enactinent whi-ch
ti • dici. to
tweteotl; not fa be effectual, he must say that
0 ,i fl_ . crease his confidence in the ef-
kr,4t44o3'egislation. Now these were the only
L'eatet'tect. e.„,'lts which the Hon. Gentleman had
Zlktetaao2v, ith respect to the proposal of the Hon.
"eittAttli-ot,""° spoke last—the establishment of a
~itlt';iffiett)ti'ir•-he was afraid that there would be
Citiottitlltion es in giving any legislative sanction to
I,Stk 0f ho •of that description. It might be a false
llatt:'Lle to induce
but he thought they would find it
F ti-o- "" Induce I seek
poly
,„,.. a for
an gent emen.to by such means
"tal tai •': 1/6 offence which had wounded their
Ni, t..}.„, is:nought it would be much better to ap-
4attil the
o"ii,'ll..eurable feelings of the man who had
Ittitte4 it w 'nee than to any other parties. He
iaeh,lo,--„as Much more probable, in the present
14441 a,t;en,t WhYe, t,batt if an offence. had. been offe.red in
L.NaI to edit the party offering it would yield to
z ski!' the teumit that he was wrong, in order to
iltm by eeity of any further appeal, than that
,i7S ean „_ settlement! of the dispute would be se-
kakh e bel;yiseal to a court of honour. In ancient
ko, aPpeeved there were courts of chivalry to
(I eert •a of this kto 44 ain re . nature were made ; but in those
te:' altowhieh
..._ll.eirattous were enacte.d for theicionduct.
rrik ut.h Iv e afterwards abolished—( - ear)-
4ka tit
Pe e a co 14 t4,_ riods h 111 t of honour was recognised at
kli ireb_,tl to 'o„f did .not think that it could be
Kt .obit the 'l4 own times, and he was very much
Pri.-,entjtnhasttithtio.ns of such a Court
.would
anumble- settlement which he