Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-10-08

RISE OF THE DUEL.
Conditions That Called Il Into
Beinq.

the time when most Of us thought
duelling had fallen into innocuous de-
suetude goes to show at any rate how
long a custom may survive any use
for 1t. For the duel did have its USE
and like nearly all other customs rose
out of the necessities of the case.
In q primitive society where there
was no government, or at least where
the government was SO weak that II
was as good as none, the duel was
logical and almost q legal concession
made to superior strength. It was an
equitable form under the circum-
stances Of settling quarrel where
each Of the two persons involved IN II
thought himself in the right 1t was
moreover an advance over a mere act
Of vengeance, requiring no courage
and giving the object Of 1t neither
warning nor chance Of self defense. II
was an advance again over more bru-
tai forms of revenge. in that the con-
sequences Of the quarrel fell upon only
those Immediately concerned in It in
stead of spreading until 1t caught In
its meshes Of offending and the inof-
fensive alike and involved whole fam
lilies.
Comparatively speaking, 1t was q
harmless manner Of settling difficult
ties. Besides, since the duel imposed
terms Of combat equal for both sides
| 1t may be pointed out that 1t showed
an awakening demand for fair play on
the part Of the community as q whole
and therefore goes to prove that
crude sort Of public opinion was astir
Westermarck, the sociologist, shows
that many savage tribes settled feuds
arising among clans and families by
duels between chosen champions, one
from each side. From ancient writers
he CLEANS the fact that among Romans
Greeks and Teutons, combats likewise
were agreed upon to take place be-
tween q definite number Of warriors
for the sake Of ending war. The Ger
mans, according to Tacitus, were ac-
customed to decide the fortune Of bat
tie by sending a captive from the en-
emy and a hero Of their own army to
meet in duel. The desire for peace in
the speediest and least harmful way
would seem to have given rise to the
duel in all these cases.
Among the pagan Norsemen, to speak
Of the duel between individuals as
such, any person who had sufficient
confidence in his skill and his weapons
could come into the possession Of prop
erty by merely challenging the owner
Of the land either to surrender or fight
for it. The combat was regulated by
hard and fast rules. The one chal-
lenged was given the privilege OF
striking first, and he who retreated or
lost his weapon was considered van
quished, while he who was wounded
first or most seriously was compelled
to pay a certain sum Of money to es-
cape with. his life. Other examples
without end, varying only in detail,
might be selected from other peoples.
Again in Europe all through the
Middle Ages and even among savage
tribes recourse to dueling was had in
order to discover the truth as an or
deal or q Judgment Of God, guilt at
taching itself to the one wounded or
killed. And this ordeal or trial by
faith, like all other forms Of the duel,
arose out Of the necessities Of the case.
In society governed more by super
stition than by law, where nothing
was attended with greater difficulty
than securing reliable witness. where
none out OF fear OF vengeance dared
to testify against the member Of an
other family or group, this appeal to
the Judgment Of God," came to take
the place Of human evidence.
In most European countries the ju-
dicial duel, defeat in which meant not
only the loss Of the suit at issue, but
often conviction for perjury, survived
the Middle Ages in some forms for a
short time Before the duel began
each Of the combatants affirmed the
justice Of his cause, confirmed 1t by a
solemn oath on the Gospels and an
appeal to God to bestow victory on the
right. Some codes even demanded
that the witnesses enter church armed
in order that their weapons might be
blessed on the altar before their tes-
timony was offered.
In vain councils and popes declared
against the custom that found sane
ton in popular approval and public
opinion. But in due course Of time the
natural increase Of trade, commerce
and the arts Of peace, the establish
ment Of permanent tribunals, the re-
vival Of Roman law, which did away
with feudalistic institutions, the in
crease Of knowledge and the conse-
quent decay Of superstition, drove the
duel out of the courts of justice.
But it was not yet driven to cover,
for in the sixteenth century the judi
duel Of honor. 1t survives today,
weak, tottering, doomed, relic of the
time, savage or barbaric, when the
honorable man was before all else a
man Of bravery. When public opinion
Of all countries shall cease to sneer at
or condemn the sensible man who re-
fuses to expose his life to the weapons
Of the swashbuckler who has attack
ed his character or his person, then
will the duel be given the quietus 1t
has so long deserved and awaited
Chicago Daily News.
A SOUTH SEA ROMANCE