The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-02-03
THE Vmo1N1A DUEL AND INvoIuNTAnY

Monday. deserves the credit OF being
original and unique. The duel occurred
in May last. MoOarty had written some
verses in public Journal, rather Hat:r.: J..
Ing young lady friend of Mr.. Morde-
cai. There was afterwards conversa-
ton at clubhouse between Messrs.
Mordecai and Nc cCarty, when Mr.. Nor
decai asked MoCnrty whether some re-
mark @h;eh ha had Just heard him
make was intended for him, to which
Mr.. MoOarty replied, "Who are yonP"
"I am gentleman" said he. "In-
deedr' was Mr. McOarty's response.
Thereupon Mr.. Mordecai struck Mr..
McOarty, and after some correspond
enoe, there was hostile meeting, which
resulted in the killing of Mordecai and
the wounding of MoCarty so seriously
that it haz not been deemed prudent for
him 20 be brought to trial till now. The
clause Of the instructions under which
the jury found verdict is rs follows:
Involuntary manslaughter is when q
killing OCCURS in the performance of
some unlawful act done heedlessIy and
incautiouely. or of some lawful act un-
lawfully and improperly performed"
I. !s scarcely necessary to cay that the
verdict was an absurdity, and seems to
have been arrived at as the only loop
hole of escape for the prisoner. What
ever the offence may have been, it was
not involuntary. Mr.. Mordecai himself
would scarcely be willing to insist, out
side court house. That he never meant
to accept Mr.. McCarty's challenge, and
that the fatal act resulted from his
heedlessness and ipcautiousness. We
are fearful that the verdict will only
tend to increase the many cases of ''in-
voluntary" manslaughtsr Of that kind
which have already occurred. The fine
assessed Of $500 as punishment for the
heedlessness and incautiousness of Mr..
McOarty reminds the reader of the long
past days in Europe, when pecuninry
fine was imposed for the taking of
human life. It seems that even this
money mulct was deemed exorbitant, as
one of the counsel of the accused moved
to set aside the verdict, aud the sentence
to six months imprisonment it is sup
posed will be removed by executive
olemency. It may be added that three
OF TIA jurors in the case were in favor of
finding verdict of guilty of murder in
the first degree.
Without undertaking to sit in judg-
ment on the merits of this particular
case. We may say, that the practice of
dnoling is the most senseless and cruel
relic of medieval barbarism which exists
at the pFesant day, and is expressly pro-
hibited by the laws of Virginia. As was
shown by Mr. Wise. the common
wealth's attorney. an Act was passed in
Virginia sixty years ago, which provides
that any man who shall fight duel, and
his antagonist be wounded and die
within three months thereafter, shall be
deemed guilty of murder, and shnll suf-
fer death by being hanged by the neck.
It was, in fact, the law of Virginia when
she -as frst settled. What, it nay be
asked, is the use of law, if it may be
always violated with impunity? There
has never been conviction under it,
because there is "higher law" law OF
public sentiment, which, while theoreti-
caily and sentimentRlly it condemns the
practice, socially and practically vitalizes
and enforces it, by giving its admiration
to those who engage in it. and by with
holding the light of its countenunce
from those who refuse to violate tho
laws Of God and man in this regard.
When society shall reverse this process,
and respect the man who refuses 10
fight. and treat the duelist as felon and
criminal, we may expect an end to this
wicked und inhumnn practice.
And now We have an almost incredi
bic rumor of contemplated duel be-
tween Mr.. Jefferson Davis and b. S.
Foote, OF Mississippi, hnving its origin
in private letter written by Mr.. Davis
more than two months ago, in regard to
some published articIea of Mr.. Foote,
which he regarded as abusive, and
which letter has found its way into the
papers. Mr.. Davis is in his sixty-sixth
year and church communicate, and
Mr.. Foote was seventy three last Sep
tember. MIR. Foote has been engaged
in three "affairs of honor" so called.
In his first duel with Mr.. Winston, of
Tnscumbia, Alabama, he was slightly
wounded in the left shoulder. He after
ward fought in Mississippi with S. S.
Prentiss, and was again slightly Injured
Still later, he exchanged shots with J.
F. II. Claiborne, when neither party
was hurt If he finally perishes in that
way, it would seem to be, in his case, O
natural death.
There was time when the duel pre-
vailed almost universally. though what
is now understood specifically by the
term dates from the first half of the six
teenth century. It is believed to have
had its origin in the wager OF battle or
judicial combat, the object of which
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