The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-03-01
nurLr.fNa.


gard to one Of the most barbarous practices that
ever gained foothold In human society. Re-
cent events have reminded US uresh Of our in
tention and our duty, and probably no oppor-
tunity viii again occur In which we cun ex-
press what we have to say with SO much adj
vantage. as is promised, BY the present occa-
sion. In what we shall say, we beg to be UNI
derstood as having reference to no particular
cuse, but to the practice Of duelling as it pre-
walls generally here, and in different sections
Of our country.
For the present paper, however, we shall
content ourselves with introducing the subject
by republishing an extract from James Life
Of Colbert, in which notice Of the sweeping
away Of noblemen's jurisdictions in France,
is continued in the following manner:
aThis reformation Of particular abuse, was ne
companied by particular crime a crime which
originated in an age OF baIbariSm--springnp from
the habits Of barbarous nations--was maintained
through centuries OF superstition and has descended
10 ourselves, partly supported ey the prejudices Of
gence and breach Of paramount duty on the part OF
legislators judges, and kingsl refer 10 the practice
Of duelling, which, in France had been carried TO
higher pitch Of extravaganza Than in any country Of
Europe, from the remains Of that ierceness which
the people derived from their Franksh ancestors to-
gether with the want Of that calm consideration of
the true principles of honor which shows that honor
is based upon something more than mere animal
courage
Whether we consider duelng with reference 10
the law Of God or the law of man, we can but con-
slider Il as calm and deliberate murder. No Chris
tan, we believe, who is any thing more than mere
nfd hat a Aor
weak assenter 10 a book which he has never read
will require any proof that 10 slay another in duel
or to go out for The purpose of committing that act
Is as much murder In the eyes Of God as shooting of
an inotiensive passenger upon the high road nor is
II less clear, that he who goes out without the inten-
on oil taking the life oil another but exposes himself
willingly and knowingly to be put death in duel
for no benefit TO his fellow creatures, any portion
thereof, must, in the eyes OF a pure and almighty
Judge, be trebly guilty-as one who in his own per-
son, commits the awful act of suicide as one who
facilitates another in committing the dreadful crime
of murder, and as one who sets example TO others
OF sin aud foyto which they want but Too few
inducements. As long as the heart of man, in ge-
neral, Is what il is no announcements will be want
ing TO the commission fthis crime; and it is duty
which every Christian, which every brave man, and
which every man OF honor, owes TO his fellow
lures TO set his face against il.
That according to the law Of man in every civil
lied country of the world, and according TO the
abstract principles of justice and equity, il is also
murder, there can be no doubt either Every law Of
every Christian land declares that he who kills
another-uness in his own defence or under sem
tence OF the law, authority OF the State-is muir
derer; and the general pretence upon which the
execution OF this law has been evaded by unjust
judges and perured uries has been that the offender
committed The offence in defence Of his own person.
because the victim was armed for the same crime.
But IL Is a principle Of law--and most excellent
principle alSo--iha one either benefit by his
own wrong, or can plead, in extenuation of his own
WI in
evil The person who shoots another in duel goes
there for the purpose of committing murder; and the
fact that he is at the same time engaged in another
criminal act--that of aiding another to commit or
attempt, murder on his own perSon--cannot be re-
ceived by the law either as excuse for the crime
or mitigation Of his punishment Instead of such
fact rendering the visitation of the law less severe
should on the contrary add to the weight OF punish
ment, were 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 unsubstantial reasoning has been used
sometimes by judges TO mislead Jury, and sometimes
BY advocates in defence Of their clien-in order to
show that men in particular ranks and classes in
cety compelled by circumstances to commit this
acti honor has been talked of and the preudices of
society," and the necessity for there being some pun
ishment for offences OF which tie law does not take
cognizance. But are we to hear such arguments
maintained in the very temple lself-before that tr
buna where there should be no distinction of persons,
of classes, or professions Are we 10 be told aye,
and in the very sanctuary where equity should reign
supreme, from whence every thought reconsideration
should be banished but that of rendering equal justice
and are we to be told that that which ismurder in la
boring man. that which would doom him to ignomi-
ny and disgracefu death, SHALL in man whowears
better coat, and works not with his hands, be con-
sidered an untoward event. after which he is not only
suffered TO go free and unchastised but is sent forth
with the mingled pity and admiration of those, who
had they kept their oahs, and remembered their duty
to God and man, would have sent him TO the gallows2
If the law be defective in furnishing certain offences,
let the law be amended; but let no man take it into
his own hands
In whatever way we consider the question, it be-
comes more and more evident what is the duty, and
ought to be the conduct of Legislators and Judges upon
the subject Is revenge the motive for duelling =
Then is the motive in itself crime Isthe occasion
OF the duel some light word or casual offence Then
is the crime the more inexcusabe from the slight
ness of the cause.* Honor has been spoken Of, and
the necessity ofkeeping up the spirit and courageous
habits Of the people, but honor consists in doing no
thing wrong, or base, unlawful, not in numbering,
or being murdered; and in regard 10 courage we
need but say that the bravest nations never knew the
existence OF such practice and the bravest men
have ever set their faces against it. The Romans
and the Greeks were utterly unacquainted with such
degrading and absurd custom; they needed no such
means OF showing their courage Brutus and Scipio,
Pericles and Leonidas, Alexander and Caesar, Epa-
mnondas and Themistocles, found means of esta-
blishing the reputation of brave men without turning
their swords against their friends and companions;
while many man who goes forth to fight another
according TO the evil practice of the present day is,
in truth, coward; coward toprejudices which he
feels to be unreasonable and TO the opinions of men
whom he thoroughly despses AT all events, he is
murderer according to the law of God, and accord
ing to the law of man. Those who encourage him
in the act accessories TO the crime the Judge who
gives such charge as knowingly TO induce jury
TO acquit him is cupable before God his country and
mankind; and the jury, which by its verdict pro-
nounces him not guilty violates the oath administer
ed to il on entering thai court A monarch has also
thu ha
ing justice, a great share OF the crime.
Those who have most strenuouSly exerted themr