Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-06-20

VI Us OpiiilOilS " PUBLISH
conduct, instead of deleguting the duty
to the individual who may seem to be
the immediate sufferer Then the re-
proach put upon himself by the per
son who offendS against the ordinances
of good society is permanent, or only to
be effaced by lifetime of incompatible
conduct; at least he can find no such
ready means of atonement as supplied
by the duel.
1t is the special characteristic of CIV
ilized society, however that in it al
shall punish the wrongs of each, while
the Institution of the duel makes each
man the avenger of his own wrongs
In this aspect the duel may be consid
cred open to the remark which Mon
tesquieu made upon the administration
of the ancient Germans, when he sai6
that their system of money damages
paid to the relatives of murdered o.
injured men was less a protection Of
society against the criminal than of the
criminal against society.
In the highest state of civilization
neither the duel nor anything else is SO
efficient a corrective of conduct as the
mere adverse opinion of society-intel-
ligently directed, of course, and mani
Tested in those ways which can be made
so effective against any man who
values the good opinion of his fellows
In a word, then, the duel is a thing of
the past in the United States, because
public opinion, which is the essence of
law, is against it.
Occasional duels take place in some
of the southern states and doubtless
will continue to do so for few years
to come, but with constantly dimin-
ishing frequency and with always in.
creasing probabilities of the legal pun
ishment of the participants in such af-
fairs. Although these sporadic cases
of dueling continue to occur, the prac-
tice is not anywhere supported by pub
lie sentiment. In some few localities 1t
may not be so strongly condemned as
it might be, but it is everywhere dis
couraged and discountenanced. This is
the state of public opinion which pre-
pares the way for the final one-that
in which duelists may be subjected to
the rigid penalties of the law with the
approval and assistance of every citi-
zen.
This condition of things has been
nearly reached, and once there, dueling
Will speedily come to an end Dueling
has really been dying since Graves
killed Cilley, near Washington, on the
oath of February, 1888, and the last
duel fought between congressman for
words spoken in debate took place in
IoOl, VI ten years DeIOre the COM
mencement of the Civil war, though at
a former period there was scarcely "A
session without one or more congress
sional encounters.
In the time of Hamilton and Burr
dueling among the politicians and men
of fashion in New York was as COM
mon as it ever afterward was in New
Orleans and in California during the
first years of the American settlement.
Yet, long before the war, dueling had
become an obsolete practice in the
northern states, and much less frequent
in the southern states than it once
was.
AS proof of the change In the pub
lie mind concerning this old-time curse
it is fitting to recall a sentence of
eulogy delivered on Broderick in the
United States senate in December, 1859.
by Robert Toombs of Georgia. who
sold: HE fell in honorable contest I'M
der code which he fully recognized,
While I lament his sad fate. I have no
word of censure for him or his adver-
sary. I think no man under any cir
cumstances can have a more enviable
death than to fall in vindication of his
honor" Twenty-one years afterward
Judge David Terry, who killed Broder-
lex. was candidate for presidential
elector on the Hancock English ticket,
and ran largely behind and was defeat
ed, while his associates were all elected.
No other more pronounced reason for
this episode can be assigned than that