The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1885-07-15

IT seems 10 be one of the strangest prob
lens, social, Judicial or political, ever of
fered Tor solution to the student seeking
light on such subjects, how a people, brave
and high spirited, humane and generous,
as all the world knows the American peo-
pie to be, and eminently law abiding as
they believe themselves to be, can SO di-
rectly countenanee and favor, by verdicts
wholly contrary to any possible interpre
tatiOn of law or equity, the too familiar
practice of shooting, to death, or no, as
directed apparently by chance, which isso
frequently brought before public notice
throughout many large districts of the
United States.
These shooting affairs as they are
euphemistically termed IN the newspaper
vernaculRr, are not confined to ont of-the
way frontier country, where law is imper-
feclly organized, and unavoidably feeble,
but are only too familiar in the streets or
Offices in great cities, where law is thor
uughly organized, and in all but this re
spect Loyalty obeyed. .----
The old fashioned duel, reduced to an
absurdity in France, has been completely
wiped out of practice in Great Britain,
and is rarely heard of nowadays in the
States, Itsyown inherent iniquity and alb
surdity caused il to be dispatched to the
limbo of bRrbarisms by the enlightened
public opinion of the present day; and vet,
how far superior was the 'eode Of honor
misnamed aud mistaken as it was. with its
occasional homicide, perpetrated at all
events, IN accordance with strict rules,
which gave no unfair advantage to either
l.. l.
slain were at least conscious eombatants-
to the modern shooting affair" when an
undue advantage is the first condition
grasped at.
In the old duel, even under the most
exciting circumstances, no one man ever
attacked another without putting him first
on his guard When al gentlemen car
ried swords and sudden quarrel arose,
the first to draw always called to his oppo
nent, draw and defend yourself" before
beginning his attack When pistols be
came the popular weapon, the arrange
ments became more elaborate and exact
The hour, the place, the exact equality OF
weapons were entrusted to thee Of, and
jealously attended to by friend of each
Intending combatant. Fair play and no
favor was the maxim of all concerned,
principals and seconds alike. ~
~ To take an unfair advantage-to strike
first, or to fire frst-was dishonorable,
and the culprit incurred the perils, not
only Of the written law OF the land, but OF
the unwritten law of the eucllo. All this
il seems is changed and for the worse
The laws Of civilized countries, backed
by public opinion, put down the formal
strictly regulated. DUEL The same laws
in the same countries. paralyzed by dis
eased public opinion are powerless to put
down the shooting affair
In the United States the plea of insanity
is too freely used to hush mp awkward
>'affairs. II a man Is really homicidally
insane he should be incarcerated in lu
natic asylum, there is no knowing wher
the fit nay come on him again and wher
he may again think himself aggrieved IL
Germany and England it is the knowledge
that plea OF insanity, If successful. viii
confne TO a madhouse, which prevents
that plea from being set up except in act
ual cases OF insanity. The plea of emo
tional insanity warranted TO be temporaIl
Only, is a plea unknown beyond few
Courts in the United States and bears it,
fruit
With regard to the bearing of the abov,
remarks ON recent celebrated case in SaI
Francisco we can only say that We heartily
wish that the assailant had been truly snt
indeed innocent that he had used COW
7, hide or cane for instance.
Though the case resulted in a palpabl,
failure Of justice, it has done thus mucl
good, it has exposed the vile falsehoods
of all shades direct and indirect, witt
which the ChrohicIe has been in the habi
of assailing its opponents, and more es
pecially its treatment of Hawaii and every
thing Hawaiian