The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1886-04-30


settlement of the mates Of difference be
tween us upon terms alike honorable te
both parties and with that end In view
he sought an interview with Capt. Ham
ilton. He learned in the course of thai
interview that the matter Of my address
to the people Of Buneombe county
To, which Won took exception was
the fefefencesto your ldifIicaity with Mr.!
McAden in the city Of Raleigh Mr. Gudg,
ar informed Can't Hamilton that the ref
ereflcc exeepted to had been called forth
pby an allusioni on page 10 OF your card, to
the outside townships Fefsecfing on my
personal honor. It was therefore agreed
betweens Messrs. Hamilton and Gudger
that the challenge should be withdrawn
and that Mr.. Gndgers should formulate
and Afterwards submit to Capt Hamil-
ton terms of settlement between us,
based on the idea of mutual with
drawal ofthe objectional matter rerfered
to. The challenge was accordingly with
drawn by Capt. Hamilton after .eonsulta-
ton with you, and Mr.. tiudger prepared
and delivered to Capt. Hamilton his let
ter of. the 9th instant in which it was
stated that We should eh withdraw
tine rnafter herein Bef0y n6asi0nrt
Capt. Hamilton asked TIME fir c9nsi.irr-
alton which was at his req1csel last even
ing extended to 9 O'Clock this morning
At the hour last named Capt. Hamilton
delivered TO Mr.. .G1ldger a letter sub
'stantially to the effect that Mr. Pearson
''is willing to permit the publication of
his expression of regretialready made to
friend for referring To Gen I Jones'
personal indebtedness to him, but further
than this he finds it impossible to, go"
ho1 Qp1 noko 4,
Maj J. Il. Martin a personal" note in
which you did express your regret for
your referenre to INV indebtedness to
you. This letter | was not allowed to
use in my address to the people and so
lar as the people would see you had felt
no regret that YOU had reflected on me
in respect to tia. matter: mentioned. So
when prepared my address felt that
l might 60 outside tn, GIatter of contro
versy between us, following the preced
ent you had established and comment ON
the matter to which you take exception
as believe the fac:s warranted Bat a
careful consideration of Capt. Hamilton's
letter expressing your. Willingness t.
permit the publication of your letter to
Maj Martin led Mr. G;Idger to advise
me that you had substantially with
drawn the Objectionable reference to
myself and that it became my duty, in
acc, rdanee " it'll the terms of settlement
offered, to withdraw the aIlusion had
made to the McAden difficulty. Acting
und r Mr.. G ii ser's advice, and being
,desirous of doing all that an honorable
man could do to settle the difference be-
tween us, instructed Mr.. Gudger to ac-
cept the construction he placed upon
Capt. Hamiltons letter and withdraw the
language in my address that was COM
planned of by you In Mr. sGudger's let
ter to Mr. w illiams( Capt. Hanilton's sue
cessorl of this date he not only withdrew
all that had been objeeted to By you
but expressed regret for me. that | had
made the obnoxious illusions. This
was going as far as an honorable man
would 60 or rs an honorable man would
expect me to go.
| was therefore somswkat surprised
when Mr. Guoger showed me- Nr. Viii
liams, letter of this date in which you
not only refuse to stand by the terms of
settlement which l thought had been
substantially carried out, but notify Mr..
Gudger that you will accept nothing
short of an explicit and unconditional
retraction from me of all reflection
on your honor."i
Mr.. Gudger refusing to accede to your
new demand brought back your original
challenge. Why? forbear to mention
number of reasons which occur to me.
Perhaps you hope to huniliate, me. In
this you shall Il be disappointed. l am
prouder to decline your challenge than
you can ever be that you challenged me
under the circumstances. l have fam
lily to support; were you to kill me they
would be left utterly destitute. Your
family are rich, and were to kill you
they have am Die means on which to live.
This inequality between US you were
fully aware of when YOU penned your
challenge. But take 20 shelter here.
put my declination on the broad grounds
that am opposed to duelling do not
recognize the $50 called code" as 1egit-
mate way in which TO settle difficulties
between gentlemen. My obligations to
the laws of my State and to society. be-
sides the obligations have personally
assumed as member f a church and
as an officer of the State of North Caro-
lima sworn to support its laws, precludes
me from entering upon a course such as
is suggested in your letter, and in trans
ferring to the arena of personal
violence questions which can by no pos
sibility find settlement there.
Duelling is wrong in itself a violation
of the commandment "Thou shalt do no
nun der" 1t is violation OF the Consti-
tuition and laws of North Carolina. In
my case to indulge in such a practice
would be violation of the oath / have
taken to bear allegiance to the constitu-
ton and laws of our State Being stiila
member of'the General Assembly receg-
nize the obligation resting upon; me as
such.
Aside from these views LagRaet recog-
nize the method as solution or a cure
of the grievance of which yon complain.
Were you to kill me or to kill you
there would be no vindication of courage,
nor would it satisfy your friends or mine
or the public generally that the cause of
complaint was just or unjust.
regard the killing in duel as deliber-
ate murder, so pronounced by the high
est authority, human and divine: and to
fight q duel, though death might not re-
suit, both the sin and the violation of the
law have been committed Whatever
may be the estimation in which the
practice of duelling is held by "The code
duello," it is made an infamous crime. by
the Code of North Carolina.
The custom has become obsolete and I
think now generally regarded as both
and farcical as well as .unlaw.
ful, and did I now grant your request
should feel myselfto be a moral coward
worthy the severe condemnation of the
law and the contempt and derision ofthe
coed and law abiding citizens
Occupying the position do as repre-
sentative of the fpeople l cannot afford
to commit CRIME SO plainly forbidden
BY both the organic and statute laws nor
set such an example of laMlasSneSs. -