The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-01-23
DWELLING.

" Colbert" DC, trusting II will be both acceptable
and edilyingsat this Vme:
A number Of noblemen also possessed minor ex-
tent Of jurisdiction, and in almost all these cases the
right was very much abused justice injustice be-
saeable commodity, aud The interpreters OF tho
law made il speak the language which their own lnle-
rests dictated. by the advice Of Colbert, all these
jurisdictions were swept away, and the courts OF me
king and his officers declared TO be those TO which
alone the people could apply for jhslice
This reformation OF particular abuse was accom-
panied by particular crime crime which orgna1-
ed in age Of MISUNDERSTANDING from tho habits
oil barbarous naiions-was maintained through cenlu-
ries OF superslon and has descended TO ourselves
partly supported by the preudces Of The higher classes
aud tolerated by shameful negligence and breach
of paramount duty the part of Legislators, judges,
and kings-I refer to the practice OF dnclng, which,
France, had been carried to higher pitch oil ex-
trayagance than IN any country OF Europe, from inc
remains Of that 6erceness which the people derived
from their Franksh ancestors, together with the want
Of that calm consideration Of the true principles oil
honor, which shows that honor IS basedsspon some
thing more than mere animal courage.
Whether we consider duelling with a reference to
the law Of God the law OF man. can but consider
II as calm and deliberate murder. No Christian, we
believe, who is any thing more than mere probes
Of doctrines that he does understand, or weak
assenter a book which he has never read, VIII re-
qure any proof hatto slay another IN duel or to go
for The purpose OF committing that act is much
murder the eyes OF God shooting of inoiensye
passenger upon the high road il less clear that
he who goes out without tho intention Of taking the
life Of another, but exposes himself willingly and know
lngy 10 be put to death in duel, for benefit 10 his
felow-creaures, any portion thereof, must, in the
eyes OF pure and almighty Judge, be treby guilty
who, in his person, commits the awful act
Of suicide as who facilitates another in committing
the dreadful crime Of murder, and who sets an
example 90 others Of SIN and folly to which they
want but too few inducements. As long the heart
Of tn - hat pnfa
will be wanting to the commission Of this crime and
il is duty which every Christian, which every brave
man, and which every OF honor, to his fellow
creatures, to sci his faco against il.
That according TO the law Of man in every civilized
country Of the world and according the abstract pn-
ciplcs Of justice and equity, it is also murder there
I've doubt either. Every law of every Christian land
declares that he who kills another-uness in his
defence, under sentence Of the law, authority Of
the state--is murderer; and the general prctcnce
upon which the execution Of this law has been evaded
by unjust Judges and perurcd jures has been, that
the offender committed the offence in defence of his
own person, because the victim armed for the
crime. But it is a principle Of law-and most
excellent principle aso-that no can either benefit
by his own wrong, plead extenuation OF his
act, that another was engaged in committing equal
evil. The person who shoots another IN duel goes
there for the purpose OF committing murder aud the
fact that he is at the same time engaged IN another
criminal acthat Of aiding another to commit, or at
by the law, either for the crime, mltl-
CATION Of his punishment Instead Of such fact
derng the visitation Of the law less severe it should
the contrary, add to the wegh Of punishment, not
that punishment already, for the crime OF murder the
highest that the law recognises.
Considering the question in regard to equity, much
weak and unsubsantal reasoning has been used-some
times by Judges TO mislead jury, and sometimes by
advocates in defence Of their clentin order to show
that particular ranks and classes in society
Hail
has been talked of and the prejudices of society and
the necessity for there being punishment for Of
fences Of which tho law does not take cognzance But
we to hear such arguments mainsined IN the very
temple itselfbeore that tribunal where there should be
distinction OF persons, OF classes professions =!
be told ave, and in the very sanctuary where
equity should reign supreme from every thought
sderaon should be banshed but tina. Of rendering equal
Justice to be told, that that which is murder in
a laboring man, that which would doom him to gno-
mny and dsgracefu death, shall, in a who
better coat. and works not with his hands, be con-
slcered untowad event. after which he is not only
suffered go free and unchassed, but is sent forth
with the mingled pity and admiration of those, who had
they kept their oaths, and remembered their duty to
God and man, would have sent him to The gallows If
the law be defective in furnishing certain offences, let
the law BIO amended but let no man take il into his
hands
In whatever way consider the question it becomes
more and more evident what is the duty and ought to
he the conduct of legislators and Judges upon the sub
iect Is revenge the motive for duelling Then is
the motive in itself crime Is the occasion Of the duel
some light word casual offence! Then is the crime
the nexcusabe from the slghtness OF the
Honor has been spoken of and the necessity OF keeping
up the spirit and courageous habits Of the people, but
honor consists in doing nothing wrong or base, IN
lawful not in numbering, or beng murdered and in
gard 10 courage need but say, that the bravest
tons knew the existence of such practice, and
the bravest men have their faces against it
the KS we're rly
with such degrading and absurd custom; they needed
no such means of showing their courage Bruins and
Scipo, Pericles and Lcondas, Alexander and Cesar,
Epamuondas aud Themistoces, found means Of esta-
bllshing the reputation of brave men without turning
their swords against their friends and companions;
while many who goes forth to fight another
cordng to the evil practice of the present day Is,
TRUTH coward coward to prcjudccs which he feels
TO be unreasonable and TO the opinions of men whom he
thoroughly despses At all events he is murderer,
according the law OF God and according the law
Of man. Those who encourage him in the act
ccssares to the crime the Judge who gives such charge
as knowingly to induce jury to acqult him is cupabe
before God, his country and mankind and the jury,
which by its verdict pronounces HIM not guilty. violates
the oath administered to it entering that court
monarch, also share Of the responsibility and if he fail
III enforcing justice, great share OF the crime
Those who have most strenuonsly exercd themselves
to put down this barbarous CRIME have generally been
eminent for their courage to be beyond all
suspicion of fear. Gustavus Adolphus-he whose per-
the mark Of every imperial solder-he who at
the head Of his cavalry found in the thckes OF every
fight, and who died covered with wounds in the
of vctory-uerly abolished it from his army and gave
example of what might be done by great king,
fearless man, and wise legislator, to put stop
vice which assumed the Of virtue, Richelicu
effected the thing in France during his adminstra-
ton, In latter times have Frederick the Great
and the present and upright roller Of the mighty
republic Of the United Safest direct their efforts the
great cause and Colbert at the period Of which
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