Volume 1 Part 14 (1/2)
”Order a court-martial to try the two officers. Investigate the subject of their dispute with that impartiality which I demand from every judge; and he that is guilty, let him be a sacrifice to his fate and the laws.
”Such a barbarous custom, which suits the age of the Tamerlanes and Bajazets, and which has often had such melancholy effects on single families, I will have suppressed and punished, even if it should deprive me of one half of my officers. There are still men who know how to unite the character of a hero with that of a good subject; and he only can be so who respects the laws.
”JOSEPH.”
”August 1771.”
[Vide the Letters of Joseph II to distinguished Princes and Statesmen, published for the first time in England in ”The Pamphleteer” for 1821.
They were originally published in Germany a few years previously, and throw a great light upon the character of that monarch and the events of his reign.]
In the United States of America the code varies considerably. In one or two of the still wild and simple States of the Far West, where no duel has yet been fought, there is no specific law upon the subject beyond that in the Decalogue, which says, ”Thou shalt do no murder.” But duelling everywhere follows the steps of modern civilization, and by the time the backwoodsman is transformed into the citizen, he has imbibed the false notions of honour which are prevalent in Europe, and around him, and is ready, like his progenitors, to settle his differences with the pistol. In the majority of the States the punishment for challenging, fighting, or acting as second, is solitary imprisonment and hard labour for any period less than a year, and disqualification for serving any public office for twenty years. In Vermont the punishment is total disqualification for office, deprivation of the rights of citizens.h.i.+p, and a fine; in fatal cases, the same punishment as that of murderers. In Rhode Island, the combatant, though death does not ensue, is liable to be carted to the gallows, with a rope about his neck, and to sit in this trim for an hour, exposed to the peltings of the mob. He may be further imprisoned for a year, at the option of the magistrate.
In Connecticut the punishment is total disqualification for office or employ, and a fine, varying from one hundred to a thousand dollars. The laws of Illinois require certain officers of the state to make oath, previous to their instalment, that they have never been, nor ever will be, concerned in a duel. [”Encyclopedia Americana,” art. Duelling.]
Amongst the edicts against duelling promulgated at various times in Europe, may be mentioned that of Augustus King of Poland, in 1712, which decreed the punishment of death against princ.i.p.als and seconds, and minor punishments against the bearers of a challenge. An edict was also published at Munich, in 1773, according to which both princ.i.p.als and seconds, even in duels where no one was either killed or wounded, should be hanged, and their bodies buried at the foot of the gallows. The King of Naples issued an ordinance against duelling in 1838, in which the punishment of death is decreed against all concerned in a fatal duel. The bodies of those killed, and of those who may be executed in consequence, are to be buried in unconsecrated ground, and without any religious ceremony; nor is any monument to be erected on the spot. The punishment for duels in which either, or both, are wounded, and for those in which no damage whatever is done, varies according to the case, and consists of fine, imprisonment, loss of rank and honours, and incapacity for filling any public situation. Bearers of challenges may also be punished with fine and imprisonment.
It might be imagined that enactments so severe all over the civilized world would finally eradicate a custom, the prevalence of which every wise and good man must deplore. But the frowns of the law never yet have taught, and never will teach, men to desist from this practice, as long as it is felt that the lawgiver sympathises with it in his heart. The stern judge upon the bench may say to the unfortunate wight who has been called a liar by some unmannerly opponent, ”If you challenge him, you meditate murder, and are guilty of murder!” but the same judge, divested of his robes of state, and mixing in the world with other men, would say, ”If you do not challenge him, if you do not run the risk of making yourself a murderer, you will be looked upon as a mean-spirited wretch, unfit to a.s.sociate with your fellows, and deserving nothing but their scorn and their contempt!” It is society, and not the duellist, who is to blame. Female influence, too, which is so powerful in leading men either to good or to evil, takes, in this case, the evil part. Mere animal bravery has, unfortunately, such charms in the female eye, that a successful duellist is but too often regarded as a sort of hero; and the man who refuses to fight, though of truer courage, is thought a poltroon, who may be trampled on. Mr. Graves, a member of the American Legislature, who, early in 1838, killed a Mr. Cilley in a duel, truly and eloquently said, on the floor of the House of Representatives, when lamenting the unfortunate issue of that encounter, that society was more to blame than he was. ”Public opinion,” said the repentant orator, ”is practically the paramount law of the land. Every other law, both human and divine, ceases to be observed; yea, withers and perishes in contact with it. It was this paramount law of this nation, and of this House, that forced me, under the penalty of dishonour, to subject myself to the code, which impelled me unwillingly into this tragical affair. Upon the heads of this nation, and at the doors of this House, rests the blood with which my unfortunate hands have been stained!”
As long as society is in this mood; as long as it thinks that the man who refuses to resent an insult, deserved that insult, and should be scouted accordingly, so long, it is to be feared, will duelling exist, however severe the laws may be. Men must have redress for injuries inflicted, and when those injuries are of such a nature that no tribunal will take cognizance of them, the injured will take the law into their own hands, and right themselves in the opinion of their fellows, at the hazard of their lives. Much as the sage may affect to despise the opinion of the world, there are few who would not rather expose their lives a hundred times than be condemned to live on, in society, but not of it--a by-word of reproach to all who know their history, and a mark for scorn to point his finger at.
The only practicable means for diminis.h.i.+ng the force of a custom which is the disgrace of civilization, seems to be the establishment of a court of honour, which should take cognizance of all those delicate and almost intangible offences which yet wound so deeply. The court established by Louis XIV might be taken as a model. No man now fights a duel when a fit apology has been offered, and it should be the duty of this court to weigh dispa.s.sionately the complaint of every man injured in his honour, either by word or deed, and to force the offender to make a public apology. If he refused the apology, he would be the breaker of a second law; an offender against a high court, as well as against the man he had injured, and might be punished with fine and imprisonment, the latter to last until he saw the error of his conduct, and made the concession which the court demanded.
If, after the establishment of this tribunal, men should be found of a nature so bloodthirsty as not to be satisfied with its peaceful decisions, and should resort to the old and barbarous mode of an appeal to the pistol, some means might be found of dealing with them. To hang them as murderers would be of no avail; for to such men death would have few terrors. Shame alone would bring them to reason. The following code, it is humbly suggested to all future legislators upon the subject, would, in conjunction with the establishment of a court of honour, do much towards eradicating this blot from society. Every man who fought a duel, even though he did not wound his opponent, should be tried, and, upon proof of the fact, be sentenced to have his right hand cut off.
The world would then know his true character as long as he lived. If his habits of duelling were so inveterate, and he should learn to fire a pistol with his left hand, he should, upon conviction of a second offence, lose that hand also. This law, which should allow no commutation of the punishment, under any circ.u.mstances, would lend strength and authority to the court of honour. In the course of a few years duelling would be ranked amongst exploded follies, and men would begin to wonder that a custom so barbarous and so impious had ever existed amongst them.
THE LOVE OF THE MARVELLOUS AND THE DISBELIEF OF THE TRUE.
”Well, son John,” said the old woman, ”and what wonderful things did you meet with all the time you were at sea?”--”Oh! mother,” replied John, ”I saw many strange things.”--”Tell us all about them,” replied his mother, ”for I long to hear your adventures.”--”Well, then,” said John, ”as we were sailing over the Line, what do you think we saw?”--”I can't imagine,” replied his mother.--”Well, we saw a fish rise out of the sea, and fly over our s.h.i.+p!” ”Oh! John! John! what a liar you are!” said his mother, shaking her head, and smiling incredulously. ”True as death?
said John; ”and we saw still more wonderful things than that.”--”Let us hear them,” said his mother, shaking her head again; ”and tell the truth, John, if you can.”--”Believe it, or believe it not, as you please,” replied her son; ”but as we were sailing up the Red Sea, our captain thought he should like some fish for dinner; so he told us to throw our nets, and catch some.”--”Well,” inquired his mother, seeing that he paused in his story. ”Well,” rejoined her son, ”we did throw them, and, at the very first haul, we brought up a chariot-wheel, made all of gold, and inlaid with diamonds!” ”Lord bless us!” said his mother, ”and what did the captain say?”--”Why, he said it was one of the wheels of Pharaoh's chariot, that had lain in the Red Sea ever since that wicked King was drowned, with all his host, while pursuing the Israelites.”--”Well, well,” said his mother, lifting up her hands in admiration; ”now, that's very possible, and I think the captain was a very sensible man. Tell me such stories as that, and I'll believe you; but never talk to me of such things as flying fis.h.!.+ No, no, John, such stories won't go down with me, I can a.s.sure you!”
Such old women as the sailor's mother, in the above well-known anecdote, are by no means rare in the world. Every age and country has produced them. They have been found in high places, and have sat down among the learned of the earth. Instances must be familiar to every reader in which the same person was willing, with greedy credulity, to swallow the most extravagant fiction, and yet refuse credence to a philosophical fact. The same Greeks who believed readily that Jupiter wooed Leda in the form of a swan, denied stoutly that there were any physical causes for storms and thunder, and treated as impious those who attempted to account for them on true philosophical principles.
The reasons that thus lead mankind to believe the marvellously false, and to disbelieve the marvellously true, may be easily gathered. Of all the offspring of Time, Error is the most ancient, and is so old and familiar an acquaintance, that Truth, when discovered, comes upon most of us like an intruder, and meets the intruder's welcome. We all pay an involuntary homage to antiquity--a ”blind homage,” as Bacon calls it in his ”Novum Organum,” which tends greatly to the obstruction of truth.
To the great majority of mortal eyes, Time sanctifies everything that he does not destroy. The mere fact of anything being spared by the great foe makes it a favourite with us, who are sure to fall his victims. To call a prejudice ”time-hallowed,” is to open a way for it into hearts where it never before penetrated. Some peculiar custom may disgrace the people amongst whom it flourishes; yet men of a little wisdom refuse to aid in its extirpation, merely because it is old. Thus it is with human belief, and thus it is we bring shame upon our own intellect.
To this cause may be added another, also mentioned by Lord Bacon--a misdirected zeal in matters of religion, which induces so many to decry a newly-discovered truth, because the Divine records contain no allusion to it, or because, at first sight, it appears to militate, not against religion, but against some obscure pa.s.sage which has never been fairly interpreted. The old woman in the story could not believe that there was such a creature as a flying-fish, because her Bible did not tell her so, but she believed that her son had drawn up the golden and bejewelled wheel from the Red Sea, because her Bible informed her that Pharaoh was drowned there.
Upon a similar principle the monks of the inquisition believed that the devil appeared visibly among men, that St. Anthony pulled his nose with a pair of red-hot pincers, and that the relics of the saints worked miracles; yet they would not believe Galileo, when he proved that the earth turned round the sun.
Keppler, when he a.s.serted the same fact, could gain no bread, and little credence; but when he pretended to tell fortunes and cast nativities, the whole town flocked to him, and paid him enormous fees for his falsehood.
When Roger Bacon invented the telescope and the magic-lantern, no one believed that the unaided ingenuity of man could have done it; but when some wiseacres a.s.serted that the devil had appeared to him, and given him the knowledge which he turned to such account, no one was bold enough to a.s.sert that it was improbable. His hint that saltpetre, sulphur, and charcoal, mixed in certain proportions, would produce effects similar to thunder and lightning, was disregarded or disbelieved; but the legend of the brazen head which delivered oracles, was credited for many ages.
[G.o.dwin, in his ”Lives of the Necromancers,” gives the following version of this legend. Friar Bacon and Friar Bungay entertained the project of enclosing England with a wall, so as to render it inaccessible to any invader. They accordingly raised the devil, as the person best able to inform them how this was to be done. The devil advised them to make a brazen head, with all the internal structure and organs of a human head.
The construction would cost them much time, and they must wait with patience till the faculty of speech descended upon it. Finally, however, it would become an oracle, and, if the question were propounded to it, would teach them the solution of their problem. The friars spent seven years in bringing the subject to perfection, and waited day after day in expectation that it would utter articulate sounds. At length nature became exhausted in them, and they lay down to sleep, having first given it strictly in charge to a servant of theirs, clownish in nature, but of strict fidelity, that he should awaken them the moment the image began to speak. That period arrived. The head uttered sounds, but such as the clown judged unworthy of notice. ”Time is!” it said. No notice was taken, and a long pause ensued. ”Time was!”--a similar pause, and no notice. ”Time is pa.s.sed!” The moment these words were uttered, a tremendous storm ensued, with thunder and lightning, and the head was s.h.i.+vered into a thousand pieces. Thus the experiment of Friar Bacon and Friar Bungay came to nothing.]
Solomon De Cans, who, in the time of Cardinal Richelieu, conceived the idea of a steam-engine, was shut up in the Bastille as a madman, because the idea of such an extraordinary instrument was too preposterous for the wise age that believed in all the absurdities of witchcraft.