New-York tribune., 1877-01-05
DEMANDING SATISFACTION.

The talk in certain circles of the town to-
day will be very generally of the duellO, about
which, as a method of settling difficulties be-
tween men of honor, nobody at present knows
much or cares much. The epistOlary banter,
possibly half serious, or at least with good
deal of irritable feeling in it, which we'll
known lawyer has seen fit to indulge In, Is
not malopropos to the debate whether the gen
tleman who was knocked down near the Union
Club House on Wednesday last Is bound TO
challenge his assailant, and whether, If sum-
moned to the field Of honor, the assallant,
according to the code, is obliged to go out.
Strictly speaking, if there is to be any formal
correspondence between these disputants, 1t
should begin by an offer of satisfaction
formally made to the party assaulted.
This ls the first step to be taken
if the etiquette of the ducllo IS TO
govern future proceedings. Should the
challenge proceed from the party assailed, the
other would seem to be estopped from plead
ing that the challenger has been disgraced by
= blow. since this would be to take advantage
of his own tort, and would be putting the
challenger outside the pale OF honor from no
fault, in the immediate premises, OF his own.
In the case under consideration, the gentle
man who was assaulted is clearly entitled to
satisfaction. He may be refused this upon the
ground that he is not a gentleman but if he
was gentle enough to be beaten, he is surely
gentle enough to shoot. Nor will it do for
pcople to associate with other people, dine
with them and drive with them, and welcome
them to intimacy and alliance with their fam
lilies, and afterward, upon being summoned TO
mortal combat, set up that they are too ILL
bred to be made targets of. The wise are
more discriminating in their choice of friends,
and even of mere acuuantances. Moreover, 4
member Of the Union Club is prima Jac'e a
gentleman until he has been formally eApeiied
from its select precincts.
We have considered these points carefully
and seriously, because, if there is to be any
fighting Occasioned by this truly unfortunate
affair. il is our desire that it should proceed
in decent and orderly manner. The fact Is,
however, that in this State the fighting OF
ducls is a felOnious diversion, and even to
leave the State for the purpose of fighting
them is a decided misdemeanOr. Besides, one
of the parties is already liable to indictment
for assault, as well as to an action for bat
terv, with the dd ddmRum fixed at large
amount, while we do not know what legal
complications may be awaiting the other. We
should think that the thirst for vengeance on
either side might be assuaged by a reasonable
share of stiff and prolonged litigation; and
there are attorneys in plenty who will agree
with us that a. writ is much prettier weapon
than pistol, though the charges may
be more expensive than powder and
shot. But nobody can be sent to State
Prison for being a plaintiff or defendant
unless either commit perjury to help alorg his
case Moreover, it is undeniablc that the
duel, in these parts of the world rs well as
most others, has gone out of fashion. Even
those who defend it in the abstract would be
the last to assent to its restoration. So it is
absurd and q waste of valuable breath to talk
of duels to-day. Considering this, and also
how hard it is to get satisfaction for certain
class of personal offenses, we think that gen.
tlemen should be all the more careful how In
that way they offend. There is hardly any
man of much experience who has not felt in
the course of his life like hogging somebody,
and yet no self-respecting person ever so in
duged himself without regretting it. We are
willing to believe that this will be the feeling
Of the gentleman who 50 lost control OF him