Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1852-12-04
Common Law, VS.. the Code of Honor.

Common Law, vs.. the Code of Honor.
i A cause, tried in the Court of Commo,
rleas. affords us pleasing opportunity o
contrasting the conduct of professional war
riors with that of civilians, where what il
called the point of honor is concerned.
In by-gone days such thing was impossi
BILE. No matter how grievous might have
been the offenders guilt. no matter how
fbIameless the offended party, he had no op.
tIon but to meet his adversary in the field.-
The admonition of religion, the suggestions
OF prudence and right reason, were all thrown
away. Ifthe professional duellist, or social
bully, could not in strictness be said to have
the opinion Of the world with him, at least
the man whom he had affronted or attacked
without provocation was well-ngh banished
from society if he did not offer himself as a
mark to his opponents pistol. There were
indeed instances in former times where men
have displayed such saint-like herosm as to
refuse the combat even when the consequent
ces were so terrible as we have described; !;
but the instances were rare indeed 1t was
not until within the last ten or fifteen years
that the views of society upon this matter
can be said to have undergone any effective
change. Now-o-'days, let man have right
on his side, and he can afford to smile at the
efforts of an unmannerly assailant to engage
him in personal conflict. Indeed, some in
stances of private feud, which have lately
been carried to extremity. would seem to
show that the heroism of one century has be-
come the bombast of the next
Causes Of offense will arise, and it is pro-
hably well in such cases to call for the inter-
vention and invoke the judgment of mutual
friends; but let the result be an award which
shall decide on which side lies the offense,
and by whom reparaiion and apology should
be made. If the first arbtrators cannot
agree, others may, and so let the matter be
decided without formal recourse to deadly
weapons, which neither party has the slight
est intention of using with effect.
A gallant officer in the British navy who
has been honorably distinguished through
service extending over well-nIgh half GEN.
tury, has shown us that recourse may be had
to still more prosaic tribunal; that those
whose very social existence depends upon
the opinion which their countrymen may en-
terrain of their courage and manly bearing
under the most trying circumstances, in place
of going out in the gray of the morning to
disturb cock pheasants, may come before
court Of law, state their differences, and sub
nit to the award.
Captain Mas, now in command Of the ST.
George, hundred and twenty gun ship, ly-
ing at Devonport, is member of the Senior
United Service Club, to which society Cap
tain Scott Of the Royal Navy, also belongs
Captain Mas had proposed an officer as a
member of the club, who when the election
came on was black-balIed. The subject ma
turaIly came under discussion in the club,
and Captain Scott had some conversation
upon the matter, among others, with General
M'Donald. In the course of this conversa-
tion Captain Scott said that the black -baIing
" arose entirely from the unpopularity of
Captain Mas in the navy, and also that there
was blemish attached to his character from
his not having obeyed in China the signal
made to him to come into action"
The speech was repeated by General
M'Donald to Captain Cuppage; from him to
Captain Baynes; he, very properly, inform
ed Capt. Mas Of it. This gentleman, great
ly aggrieved as he no doubt was. quietly in
vited his assailant to make good the truth Of
his words before a court Of law. Before the
testimony of Sir Thomas Hernert, who had
command Of the squadron at the place in
question and of Sir Thomas Maitland, who
was then Flag Captain of the Wellesley, the
charge utterly broke down. There was not
the fantest shadow of foundation for the i'm
putation Of cowardice, and an apology suffi
cient to satisfy the most punctilious honor
was extorted from the defendant. This apol-
ogy ought, indeed, to have been freely ten
dered.
1t should have been the first feeling Of a
gentleman-of man sensitive about his own
honor, to regret that he had, in an unguard-
ed moment, given cause Of Offense to another
without any reasonable cause. 1t was pal
try shift TO withdraw the impptation, and to
to escape without a fair and hand
some expression Of regret. But, as it was,
a complete withdrawal of the imputation was
result infinitely more satisfactory
than the bold announcement that a brace oi
pistols had been harmlessly discharged, and
that, therefore, the "honor" Of the parties
was established.
The conduct of Captain Mas affords a
sound example to all aspiring legislators,
linen drapers, and others who may be inclin-
ed to take the law into their own hands,
Surely il is sufficient, when words deroga-
tory to a mans character have been spoken,
that he should come forward publicly before
his countrymen and prove that his character
is without stain, and his name without re-
proach. English society is indebted to Cap
tain Mas for setting his face against Gus
tom which was barbarous a few years back,
but now is simply snobbish.-London Times.
Degrees Of Superior Excellence.
BIZ REV. HENRY WARD BEEcHER.