Upon the further examination of Colonel Hamilton, it was found that reliance could not be placed on all his statements, and that he contradicted himself in several important particulars. He was arraigned at the Old Bailey for the murder of Lord Mohun, the whole political circles of London being in a fever of excitement for the result. All the Tory party prayed for his acquittal, and a Tory mob surrounded the doors and all the avenues leading to the court of justice for many hours before the trial began. The examination of witnesses lasted seven hours. The criminal still persisted in accusing General Macartney of the murder of the Duke of Hamilton, but, in other respects, say the newspapers of the day, prevaricated foully. He was found guilty of manslaughter. This favourable verdict was received with universal applause, "not only from the court and all the gentlemen present, but the common people showed a mighty satisfaction, which they testified by loud and repeated huzzas." ["Post Boy," December l3th, 1712.]
As the popular delirium subsided, and men began to reason coolly upon the subject, they disbelieved the assertions of Colonel Hamilton, that Macartney had stabbed the Duke, although it was universally admitted that he had been much too busy and presuming. Hamilton was shunned by all his former companions, and his life rendered so irksome to him, that he sold out of the Guards, and retired to private life, in which he died heart-broken four years afterwards.
General Macartney surrendered about the same time, and was tried for murder in the Court of King's Bench. He was, however, found guilty of manslaughter only.
At the opening of the session of Parliament of 1713, the Queen made pointed allusion in her speech to the frequency of duelling, and recommended to the Legislature to devise some speedy and effectual remedy for it. A bill to that effect was brought forward, but thrown out on the second reading, to the very great regret of all the sensible portion of the community.
A famous duel was fought in 1765 between Lord Byron and Mr. Chaworth. The dispute arose at a club-dinner, and was relative to which of the two had the largest quantity of game on his estates. Infuriated by wine and passion, they retired instantly into an adjoining room, and fought with swords across a table, by the feeble glimmer of a tallow-candle. Mr. Chaworth, who was the more expert swordsman of the two, received a mortal wound, and shortly afterwards expired. Lord Byron was brought to trial for the murder before the House of Lords; and it appearing clearly, that the duel was not premeditated, but fought at once, and in the heat of passion, he was found guilty of manslaughter only, and ordered to be discharged upon payment of his fees. This was a very bad example for the country, and duelling of course fell into no disrepute after such a verdict.
In France, more severity was exercised. In the year 1769, the Parliament of Grenoble took cognizance of the delinquency of the Sieur Duchelas, one of its members, who challenged and killed in a duel a captain of the Flemish legion. The servant of Duchelas officiated as second, and was arraigned with his master for the murder of the captain. They were both found guilty. Duchelas was broken alive on the wheel, and the servant condemned to the galleys for life.
A barbarous and fiercely-contested duel was fought in November 1778, between two foreign adventurers, at Bath, named Count Rice and the Vicomte du Barri. Some dispute arose relative to a gambling transaction, in the course of which Du Barri contradicted an assertion of the other, by saying, "That is not true!" Count Rice immediately asked him if he knew the very disagreeable meaning of the words he had employed. Du Barri said he was perfectly well aware of their meaning, and that Rice might interpret them just as he pleased. A challenge was immediately given and accepted. Seconds were sent for, who, arriving with but little delay, the whole party, though it was not long after midnight, proceeded to a place called Claverton Down, where they remained with a surgeon until daylight. They then prepared for the encounter, each being armed with two pistols and a sword. The ground having been marked out by the seconds, Du Barri fired first, and wounded his opponent in the thigh. Count Rice then levelled his pistol, and shot Du Barri mortally in the breast. So angry were the combatants, that they refused to desist; both stepped back a few paces, and then rushing forward, discharged their second pistols at each other. Neither shot took effect, and both throwing away their pistols, prepared to finish the sanguinary struggle by the sword. They took their places, and were advancing towards each other, when the Vicomte du Barri suddenly staggered, grew pale, and, falling to the ground, exclaimed, "Je vous demande ma vie." His opponent had but just time to answer, that he granted it, when the unfortunate Du Barri turned upon the grass, and expired with a heavy groan. The survivor of this savage conflict was then removed to his lodgings, where he lay for some weeks in a dangerous state. The coroner's jury, in the mean while, sat upon the body of Du Barri, and disgraced themselves by returning a verdict of manslaughter only. Count Rice, upon his recovery, was indicted for the murder notwithstanding this verdict. On his trial he entered into a long defence of his conduct, pleading the fairness of the duel, and its unpremeditated nature; and, at the same time, expressing his deep regret for the unfortunate death of Du Barri, with whom for many years he had been bound in ties of the strictest friendship. These considerations appear to have weighed with the jury, and this fierce duellist was again found guilty of manslaughter only, and escaped with a merely nominal punishment.
A duel, less remarkable from its circumstances, but more so from the rank of the parties, took place in 1789. The combatants on this occasion were the Duke of York and Colonel Lenox, the nephew and heir of the Duke of Richmond. The cause of offence was given by the Duke of York, who had said, in presence of several officers of the Guards, that words had been used to Colonel Lenox at Daubigny's to which no gentleman ought to have submitted. Colonel Lenox went up to the Duke on parade, and asked him publicly whether he had made such an assertion. The Duke of York, without answering his question, coldly ordered him to his post. When parade was over, he took an opportunity of saying publicly in the orderly room before Colonel Lenox, that he desired no protection from his rank as a prince and his station as commanding officer; adding that, when he was off duty, he wore a plain brown coat like a private gentleman, and was ready as such to give satisfaction. Colonel Lenox desired nothing better than satisfaction; that is to say, to run the chance of shooting the Duke through the body, or being himself shot. He accordingly challenged his Royal Highness, and they met on Wimbledon Common. Colonel Lenox fired first, and the ball whizzed past the head of his opponent, so near to it as to graze his projecting curl. The Duke refused to return the fire, and the seconds interfering, the affair terminated.
Colonel Lenox was very shortly afterwards engaged in another duel arising out of this. A Mr. Swift wrote a pamphlet in reference to the dispute between him and the Duke of York, at some expressions in which he took so much offence, as to imagine that nothing but a shot at the writer could atone for them. They met on the Uxbridge R but no damage was done to either party.
The Irish were for a long time renowned for their love of duelling. The slightest offence which it is possible to imagine that one man could offer to another, was sufficient to provoke a challenge. Sir Jonah Barrington relates, in his Memoirs, that, previous to the Union, during the time of a disputed election in Dublin, it was no unusual thing for three-and-twenty duels to be fought in a day. Even in times of less excitement, they were so common as to be deemed unworthy of note by the regular chroniclers of events, except in cases where one or both of the combatants were killed.
In those days, in Ireland, it was not only the man of the military, but of every profession, who had to work his way to eminence with the sword or the pistol. Each political party had its regular corps of bullies, or fire-eaters, as they were called, who qualified themselves for being the pests of society by spending all their spare time in firing at targets. They boasted that they could hit an opponent in any part of his body they pleased, and made up their minds before the encounter began whether they should kill him, disable, or disfigure him for life—lay him on a bed of suffering for a twelve-month, or merely graze a limb.
The evil had reached an alarming height, when, in the year 1808, an opportunity was afforded to King George III of showing in a striking manner his detestation of the practice, and of setting an example to the Irish that such murders were not to be committed with impunity. A dispute arose, in the month of June 1807, between Major Campbell and Captain Boyd, officers of the 21st regiment, stationed in Ireland, about the proper manner of giving the word of command on parade. Hot words ensued on this slight occasion, and the result was a challenge from Campbell to Boyd. They retired into the mess-room shortly afterwards, and each stationed himself at a corner, the distance obliquely being but seven paces. Here, without friends or seconds being present, they fired at each other, and Captain Boyd fell mortally wounded between the fourth and fifth ribs. A surgeon who came in shortly, found him sitting in a chair, vomiting and suffering great agony. He was led into another room, Major Campbell following, in great distress and perturbation of mind. Boyd survived but eighteen hours; and just before his death, said, in reply to a question from his opponent, that the duel was not fair, and added, "You hurried me, Campbell—you're a bad man."——"Good God!" replied Campbell, "will you mention before these gentlemen, was not everything fair? Did you not say that you were ready?" Boyd answered faintly, "Oh, no! you know I wanted you to wait and have friends." On being again asked whether all was fair, the dying man faintly murmured "Yes:" but in a minute after, he said, "You're a bad man!" Campbell was now in great agitation, and wringing his hands convulsively, he exclaimed, "Oh, Boyd! you are the happiest man of the two! Do you forgive me?" Boyd replied, "I forgive you—I feel for you, as I know you do for me." He shortly afterwards expired, and Major Campbell made his escape from Ireland, and lived for some months with his family under an assumed name, in the neighbourhood of Chelsea. He was, however, apprehended, and brought to trial at Armagh, in August 1808. He said while in prison, that, if found guilty of murder, he should suffer as an example to duellists in Ireland; but he endeavoured to buoy himself up, with the hope that the jury would only convict him of manslaughter. It was proved in evidence upon the trial, that the duel was not fought immediately after the offence was given, but that Major Campbell went home and drank tea with his family, before he sought Boyd for the fatal encounter. The jury returned a verdict of wilful murder against him, but recommended him to mercy on the ground that the duel had been a fair one. He was condemned to die on the Monday following, but was afterwards respited for a few days longer. In the mean time the greatest exertions were made in his behalf. His unfortunate wife went upon her knees before the Prince of Wales, to move him to use his influence with the King, in favour of her unhappy husband. Everything a fond wife and a courageous woman could do, she tried, to gain the royal clemency; but George III was inflexible, in consequence of the representations of the Irish Viceroy that an example was necessary. The law was therefore allowed to take its course, and the victim of a false spirit of honour died the death of a felon.
The most inveterate duellists of the present day are the students in the Universities of Germany. They fight on the most frivolous pretences, and settle with swords and pistols the schoolboy disputes which in other countries are arranged by the more harmless medium of the fisticuffs. It was at one time the custom among these savage youths to prefer the sword combat, for the facility it gave them of cutting off the noses of their opponents. To disfigure them in this manner was an object of ambition, and the German duellists reckoned the number of these disgusting trophies which they had borne away, with as much satisfaction as a successful general the provinces he had reduced or the cities he had taken.
But it would be wearisome to enter into the minute detail of all the duels of modern times. If an examination were made into the general causes which produced them, it would be found that in every case they had been either of the most trivial or the most unworthy nature. Parliamentary duels were at one time very common, and amongst the names of those who have soiled a great reputation by conforming to the practice, may be mentioned those of Warren Hastings, Sir Philip Francis, Wilkes, Pitt, Fox, Grattan, Curran, Tierney, and Canning. So difficult is it even for the superior mind to free itself from the trammels with which foolish opinion has enswathed it—not one of these celebrated persons who did not in his secret soul condemn the folly to which he lent himself. The bonds of reason, though iron-strong, are easily burst through; but those of folly, though lithe and frail as the rushes by a stream, defy the stoutest heart to snap them asunder. Colonel Thomas, an officer of the Guards, who was killed in a duel, added the following clause to his will the night before he died:—"In the first place, I commit my soul to Almighty God, in hope of his mercy and pardon for the irreligious step I now (in compliance with the unwarrantable customs of this wicked world) put myself under the necessity of taking." How many have been in the same state of mind as this wise, foolish man! He knew his error, and abhorred it, but could not resist it, for fear of the opinion of the prejudiced and unthinking. No other could have blamed him for refusing to fight a duel.
The list of duels that have sprung from the most degrading causes might be stretched out to an almost indefinite extent. Sterne's father fought a duel about a goose; and the great Raleigh about a tavern bill. [Raleigh, at one period of his life, appeared to be an inveterate duellist, and it was said of him that he had been engaged in more encounters of the kind than any man of note among his contemporaries. More than one fellow-creature he had deprived of life; but he lived long enough to be convinced of the sinfulness of his conduct, and made a solemn vow never to fight another duel. The following anecdote of his forbearance is well known, but it will bear repetition:—
A dispute arose in a coffee-house between him and a young man on some trivial point, and the latter, losing his temper, impertinently spat in the face of the veteran. Sir Walter, instead of running him through the body, as many would have done, or challenging him to mortal combat, coolly took out his handkerchief, wiped his face, and said, "Young man, if I could as easily wipe from my conscience the stain of killing you, as I can this spittle from my face, you should not live another minute." The young man immediately begged his pardon.] Scores of duels (many of them fatal) have been fought from disputes at cards, or a place at a theatre, while hundreds of challenges, given and accepted over-night, in a fit of drunkenness, have been fought out the next morning to the death of one or both of the antagonists.
Two of the most notorious duels of modern times had their origin in causes no more worthy than the quarrel of a dog and the favour of a prostitute: that between Macnamara and Montgomery arising from the former; and that between Best and Lord Camelford, from the latter. The dog of Montgomery attacked a dog belonging to Macnamara, and each master interfering in behalf of his own animal, high words ensued. The result was the giving and accepting a challenge to mortal combat. The parties met on the following day, when Montgomery was shot dead, and his antagonist severely wounded. This affair created a great sensation at the time, and Heaviside, the surgeon who attended at the fatal field to render his assistance, if necessary, was arrested as an accessory to the murder, and committed to Newgate.
In the duel between Best and Lord Camelford, two pistols were used which were considered to be the best in England. One of them was thought slightly superior to the other, and it was agreed that the belligerents should toss up a piece of money to decide the choice of weapons. Best gained it, and, at the first discharge, Lord Camelford fell, mortally wounded. But little sympathy was expressed for his fate; he was a confirmed duellist, had been engaged in many meetings of the kind, and the blood of more than one fellow-creature lay at his door. As he had sowed, so did he reap; and the violent man met an appropriate death.
It now only remains to notice the means that have been taken to stay the prevalence of this madness of false honour in the various countries of the civilized world. The efforts of the governments of France and England have already been mentioned, and their want of success is but too well known. The same efforts have been attended with the same results elsewhere. In despotic countries, where the will of the monarch has been strongly expressed and vigorously supported, a diminution of the evil has for a while resulted, but only to be increased again, when death relaxed the iron grasp, and a successor appeared of less decided opinions upon the subject. This was the case in Prussia under the great Frederick, of whose aversion to duelling a popular anecdote is recorded. It is stated of him that he permitted duelling in his army, but only upon the condition that the combatants should fight in presence of a whole battalion of infantry, drawn up on purpose, to see fair play. The latter received strict orders, when one of the belligerents fell, to shoot the other immediately. It is added, that the known determination of the King effectually put a stop to the practice.
The Emperor Joseph II of Austria was as firm as Frederick, although the measures he adopted were not so singular. The following letter explains his views on the subject:—
"To GENERAL * * * * *
"MY GENERAL,
"You will immediately arrest the Count of K. and Captain W. The Count is young, passionate, and influenced by wrong notions of birth and a false spirit of honour. Captain W. is an old soldier, who will adjust every dispute with the sword and pistol, and who has received the challenge of the young Count with unbecoming warmth.
"I will suffer no duelling in my army. I despise the principles of those who attempt to justify the practice, and who would run each other through the body in cold blood.
"When I have officers who bravely expose themselves to every danger in facing the enemy—who at all times exhibit courage, valour, and resolution in attack and defence, I esteem them highly. The coolness with which they meet death on such occasions is serviceable to their country, and at the same time redounds to their own honour; but should there be men amongst them who are ready to sacrifice everything to their vengeance and hatred, I despise them. I consider such a man as no better than a Roman gladiator.
"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 citizenship, 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 principals and seconds, and minor punishments against the bearers of a challenge. An edict was also published at Munich, in 1773, according to which both principals 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 associate 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 diminishing 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 dispassionately 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 circumstances, 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.
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