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

'Pon tithe 4••••••••••*.-- «rap+,
pes guilt or innocence of the contend-
b th. It was first introduced in the sth cen-
:e4cy
o,e Burgundians, in order to supply the de-
*.tindic'estl2e law. The courts of law, which were
.1111 it the "Yuriarum,provided remedies for offences
henoPerson and against property, but where a
,tely "1 was attacked no remedy was provided.
lkightbeere a thousand ways in which a man's honour
1 414
end.hnpugned that he could not sit tamely
h
hie the use the imputations cast upon him for
(lotie la* ong•ht to provide a remedy, but it had
'
*?raet.s°• There were codes of honour regulating
ee of duelling but it was evidently an ab-
,iiti)ttl'eftetitiee, for it Made no distinction between
;t4
pr cast ridicule
Ile was aware that some per-
establristicdulienolacnoyurts of honour, but they
of countries, and were found
`'lvantage. In the army of the Emperor of
n° officer could fight a duel without having
a court of honour; and in former times
nature,
there was a tribunal of a somewhat
4,ks, nature, namely the court of chivalry. Judge
`°/le said that duelling would not be put an end
al %le
°Noe. means was devised which would, in the
1,1 to whietY, give an injured person equal repent-
krfora. at a recourse to duelling was now supposed
debh He thought that if a court like that to
:11plishe had alluded were established it would ac-
b this object. The nature of every quarrel
:114 de brought before such a court, and the judges
raw hp such an apology for the insult offered
1 • ev
ref*o°.ald deem adequate ; and if the offending
sed to make the apology, the facts would be
It
and the injured individual would e
qn b., righted in public opinion.—(Hear.)
'ernment aro really anxious to put an end
,!eff,,e,"B', he believed that means could be devised
7s, tro;1111.1f that object. He would suggest the ap-
Attd of a court of honour; a jury might be
f'4)4 to who were as nearly equal as possible in sta-
,,N tihe Parties concerned, and who would there-
''lti,s4a.°le to decide in a satisfactory manner upon
Sir ilen brought before them.
14t, the trEEL said the Hon. Gentleman proposed
1.,°,115e should pass a resolution declaring
k.'sgt into
is immoral in its tendency, that it
tg contempt the laws of the country, is con-
-1• 10„,Jivine command, and ought to be abolished."
o'fi'l. that the House would pause before it dealt
i;'!,ki a ajees by means of resolutions.—(Hear, hear.)
i)T•le wil'angerous precedent for them to establish to
'itte at was or was not in conformity with the
4 c°4lrn d
core .—(Hear, hear.) It was an easy
I"ekes Pendious way of dealing with criminal
T •
Ettlonheir proper province was to prohibit by
ted that which they thought ought to be pro-
41deo,:oand it was a dangerous example to establish
• n Ile's by resolution that which. in their judg-
'4ol :4ight to be e sed —(llear hear.) If
th oho., suppr, s .
,„,49 wn,,- us Were not effectual for their purpose, if
Zvar,'"`e Practically disregarded, and they had no
carrying them into effect, the passing of
nisi "Id not but tend to lower their character as a
tCattlr
tittqlitio e• Let them suppose that they passed this
,) Tn. How were they to enforce it ?—(Hear,
,7atrvn'n, the case of officers in the public employ,.
,liti,e‘hts of the Crown, it might be possible to
ZPtiqt, some influence; but how very small a pro-
ZINO' society was amenable to this species of
Mt* The great mass of men would
rfectly
thlk, tbd by a resolution, and if they failedn their .
Out i "eY would not only establish a noxious pre.
oe undertaking to determine by resolution what
re
not an offence in law, and, above all, what
re gLrary to the Divine command ; but they would
tkliiktk, Practical proof that their authority was inef-
OrefoZ(Hear hear.) Upon this general ground,
• of applicable not only to duelling but to offi-
"htotneterY description, he deprecated the denounc-
',Certain acts by resolutions of that House. But
4tiob /14* Gentleman who had proposed the reso-
ili said it was his intention to bring in
3°4 _,,his subject. If he contemplated the pos.
ul dealing effectually with this offence by
ti''s of
f"lifor , an enactment, why did he preface his mo-
iteave to bring in a Bill by a resolution ?
Ail lot• 'io"ear.) If legislation could be. effectual, the
11
was unnecessary.—(Hear, hear.) If the
Pl'ott entlernan, having passed his resolution, should
at al
sa• e „to legislate, and should fail in legislating
tatliY, he thought his resolution would stand in
• er
i awkward position, through his being unable
htl ekr offe et to it by any substantive enactment.—
aid'ear.) Taking either alternative, therefore,
ft,. not see what they could gain by pus-
:4111'111 resolution. Having made these re-
'e must say that lie thought the mat-
,ls4, 4,; °no deserving of the most serious.considera-
'itt
Vld that if any remedy could be applied, it
tit-tetee_i?.ty of that House to give the subject their
littltkni_otion.—(Hear, hear. And. if the Hon.
huh would, upon a future night, submit to
41k plans with respect to legislation in the
141litt
Rn°,,..` a Bill, he would undertake to say that no
,"ent should be offered to its introduction,
tks,,e roust of course reserve to himself the full
„- plea,l of forming an opinion as to the policy. of
which
/pre which might be proposed. The speech
'flich °o. Gentleman had not diminished the doubts
(4,ae entertained as to the probability of success.
'P,,sctol:' hear.) He had only shadowed forth the
ps4 which he thought might be effectual.
t`Pitar,.,‘ was a law providing that in no case should
W° perilishment attach to duelling, excepting where
jbsal, fought without seconds. Now that pro-
,:cirkl'"'Y deepened the impression whiCh he enter
-
"11N3 4's to the extreme difficulty of dealing with sub-
-012.) this nature by means of legislation.—(Hear,
'e was very much afraid of adopting. any
" which should appear to give a sanction to
g',,,,x however it might be conducted.—(Hear,
Zist, •L_ the good sense and the moral feeling of
"'fin opposed to duelling—if there were a
~oaidtiofl of the practice—he was afraid lest they
of ene
Lscoiet °lirage by legislation that which the tone
li'Dpos e Y was practically prohibiting.—(Hear, hear.)
they were to pass the law to which the
4kl en4l
are eman had referred—suppose they were to
' that if in the heat of excitement, if in a mo-
'llo irritation, •
pistols being within reach, parties
444, • fight a duel, they should be liable to punish-
"hilst those who went home, deliberately, se••
'l"steri,tkeir seconds, and fought according to
veld usages should be excused, it would
btit Y difficult to pass such a law with-
-1,444tie11e-luing .to lend an implied sanction to the
tk to of duelling, when conducted' accord-
t, established rule.—(Hear, hear.) Cer-
e'vea '4' Policy and the principles of English law
tots Nv with comparative indulgence the man who
~nIY to the influence of passion. Take the case
,ht7t:ltteh,l3Yron and Mr. Charlton, who retired im-
qt without seconds, in consequence of a
dis-
Committed
law would view with more toleration an
Cjate"rnitted in the heat of passion, than the de-
re 14-f th'ePPeal to seconds, and a duel fought, after wait-
,thettit h daYs, according to rule. The tone of society
It 9 Nve"ve great influence in this matter ; but when
Oa „zeeredealing on such a subject by legislation,
kkeedingly difficult to enact that, under cer-
•Lonstances, favour should be shown, without
4'l'4 oft:4- to imply an opinion that the practice under
.pcat; hhinstances, was entitled to indulgence.—
et of pear-) The very mention of seconds in. the
1111,4 ornament must have that effect. An Act of
EZ,Ilt on the subject must be drawn up techni-
n' construed literally ; and to use such words
iaettet".Pal and seconds in the manner that he
eh 'c'hed would have an opposite effect to that
tiZtitql intended. Now there was another sug-
:ktightlnade by the Hon. Gentleman, to which he
ktOropall solvent men would object.—(Laughter.)
(Chooi ed that if a man fell in a duel the surviving
titl,kights' should be liable to pay his debts.—
th Nr4beil..) Now that proposal was certainly more
to e to the. man who was extensively in debt
th:th re
cri ~,..the man who had no debts to discharge.
rd to another motive for duelling, he thought
/nhn \\lts now almost at an end. The most pesti-
it in society was the man who attempted
theery reputation by duelling—(Hear, hear)—and
I kr, "en happened that this man was, in truth,
)I`t this 4teSt
°id Coward. He thought society would now
A the, '.'ass of persons with contempt, rather than
qatty ;`1: 1n- admiration. If; however, they said that
11 he'',€'llld be liable to pay the debts of the person
ad slaughtered, all he could say was that
441114 taTanted to establish a reputation by duelling
care to select as his antagonist a man
\h„titkura,Perfectly solvent. When the Honourable
it lik„; mentioned this as an enactment which
yid to be effectual, he must say that
I,e,llcy :.)Tt increase his confidence in the ef-
tt, Nztm, legislation. Now these were the only
qtlNt,d7ents which the Hon. Gentleman had
ecui,tiet/lati With respect to the proposal of the. Hon.
tree-,t. (I'f "ho spoke last-the establishment of a
Itit " r--he was afraid that there would be
!,10,astit,_adies giving any legislative sanction to
44%4 of that description. It might be a false
r,asibi °flour, but he thought they would find it
t Para 'e t° e tioninduce gentlemen to seek by such means
As.,"ts. for an offence which had wounded their
offer to th e thought it would be much better to ap-
Sured tl:
oh.onourable feelings of the man who had
nateeot it ktence than to any other parties. He
of 50,.!vas much more probable, in the present
ukeet le„t3r, that if an offence had been offered in
°' heat the p t offering it wouldyield to
114-vetit .o
11,4 it the naedeinit.tha-tarhye was wrong, in oyrder to
taNi babie
settlement essit of any further appeal, than that
y of the dispute would be se-
l'/O he aPPeal to a court of honour. In ancient
leh
141 cs appeals eyed there were courts of chivalry to
ofdttrtai_ of this nature. wore made ; but in those
atieel_ wh". legulations were enacted for the conduct
alth 'eh were afterwards abo3ished—(Hear)—
t 'her °ugh a
„ratlsf Pell heoourt" of honour was recognised at
did not think that it could be
1741eitZed to''on
toPrey
th. own times, and he was very much
Pri)vant
6-4 amicable settlement which he