The History of Duelling. Vol. 1 (of 2)

CHAPTER XXI.

DUELS IN THE UNITED STATES.

To record the duels that have taken place in the United States of America would require a ponderous work. They not only have been very frequent, but in general marked with a character of reckless ferocity, that clearly shows the very slow progress of civilization in that rising country, where we have every reason to expect and to hope that at some future period the practice of duelling will fall into as much disrepute as in more polished regions.

This young country, notwithstanding its constant commercial and political relations with the European powers and the mother-land, is but little known; indeed, a knowledge of the customs, habits, and ideas of its inhabitants, must be difficult to obtain, from their territorial divisions, the great extent of their provinces, and the difference of the institutions that rule their several states: in the one, an offence is considered a heinous crime, which in another is deemed a mere misdemeanor, an anomaly in legislation which must arise from the variety of their commercial and agricultural interests. It is, moreover, to be deeply lamented that most travellers who have described their manners, after a mere hasty glance at the state of their society, started on the tour of inquiry fully determined to find fault, and possibly to speculate ultimately on national prejudices, as their works have become more or less popular according to the ridicule they have attached to American society, or the denunciation of its hostility towards England. On the other hand, other travellers have launched forth into lavish and enthusiastic praise, even of their vices and errors; and France has not been backward in sending to the States demagogues and visionaries, who consider them the seat of liberty and independence.

That duels should be frequent in a new settlement is naturally to be expected, more especially when the settlers are rude and uneducated; the distance between their dwellings, the wildness of the forest, and the difficulty, if not the impossibility, of having recourse to legal and competent judicial authorities to settle their endless differences, must induce them to take the law into their own hands, and arrange matters with sword, pistol, rifle, or bowie-knife; or, if weapons were not at hand, by the most ferocious pugilistic contests, partaking of the savage yet honourable boxing of their fathers, and the ferocious refinement of their Indian neighbours. Thus, wherever a colonist squatted, he became the sole guardian and protector of his log-house and property.

The influence of example, which the conduct of the upper classes exercises on the lower orders, is sometimes reversed, and the false notions of right and honour, entertained by the vulgar, are too frequently adopted by their superiors, who from political purposes are anxious to court that popularity which a display of what is misnamed courage is sure to obtain among a rude people, who are unwilling, from false notions of pride, to raise themselves to the level of the civilization of their mother country. Fortunately, this absurd prejudice is gradually losing ground, although, if we may form an opinion by the public press, the bombastic style and the silly bragging of their writers will tend to retard most materially this desirable progress. The absurd fancy of seeking to alter the language of their ancestors, is a convincing proof of the folly of such pretensions to superiority, which a few accidental successes in war have carried to a pitch absolutely ridiculous. It is not easy for their legislators and their temporary rulers to oppose this bubbling and frothy torrent of popular vanity; nor indeed dare they stem its dangerous tide, which wafts them to power: and thus are they often under the painful necessity of appearing to sanction excesses which they sincerely condemn, and to use a style of exaggeration suited to the morbid temperament of their constituents. With us the degradation of the hustings is an occasional occurrence; in America every public man is hourly polling. There is a state of feverish anxiety perpetually raging, and duelling must be the inevitable result of such a fermentation, and will continue to prevail so long as brute force is considered a qualification.

Several of the states, however, have endeavoured to check the practice: that of Massachusetts framed a law for that purpose in 1719, which was revived in 1784, and subsequently in 1805; by this enactment, any person fighting a duel was deprived of his political rights, and rendered ineligible to any public situation for twenty years, and the body of the deceased, when the meeting proved fatal, was appropriated to anatomical demonstration. Similar laws have been promulgated in Tennessee, New York, and other states. In Virginia public officers were called upon to take an oath never to fight a duel upon entering on their functions, and after this resolution duels became very rare. In New Orleans, the papers of 1834, and several recent publications, proposed the establishment of a court of honour, to decide upon any differences that might arise amongst its citizens; and in 1831 Mr. Livingston published his views on this important subject, relative to which a French writer, Dupont de Nemours, speaks in the following terms:—

“The diversity of political opinion has rendered duelling very frequent in the United States, Some years ago, General Hamilton, a man of the most distinguished merit, and who had been minister of finance, was slain in a duel by Colonel Burr, and two years before that fatal event, the eldest son of the general had lost his life in a similar manner.

“Most of the states have denounced a sentence of death against those duellists who have killed their adversaries. But this penalty is only comminatory, since it is eluded by the parties repairing to a neighbouring province, of which they are not citizens, and which has not the power to take cognizance of their offences; the laws on this head not extending to the whole country, but being limited to each of the eighteen confederate states.

“Moreover, European experience has evidently shown that death does not intimidate those who fight, because they either brave it, or wish to show that they do not fear its terrors.

“The habits of the Virginians disposed them to duelling more than any other of the Americans, and the extent of the country rendered it more difficult to seek the protection of a neighbouring state; for when people are determined to fight, they are in general impatient. The legislature of Virginia has therefore sought to obtain its object by a less severe penalty, which from that very reason was more likely to prove efficacious. They considered that when in frivolous matters, or in differences of opinion which the law tolerates and even authorizes, a man is induced to expose himself to death or to slay another, he is actually demented, and that, therefore, all principals and seconds in a duel should be considered labouring under an alienation of mind, and deprived of any public station that they might hold; that their property, moreover, should be vested in the hands of trustees, and in fact be considered as labouring under an interdiction. Since this enactment, duels in the state of Virginia have been rarely heard of.”

The first notorious duel that was fought in America was in the year 1630, when a challenge to single combat with sword and dagger, passed between Edward Doty and Edward Leister, servants of a Mr. Hopkins. Both were wounded, the one in the hand, and the other in the thigh. As it was deemed expedient to repress such affairs, the parties were condemned to have their hands and feet tied together, and to lie in that condition for twenty-four hours, without either meat or drink. This punishment was begun to be inflicted, but in an hour the pain they endured was so severe, that, at their own supplication and their master’s request. Governor Bradford liberated them on their promise of future good behaviour.

The correspondence that arose between General Wilkinson and Mr. Randolph, a senator, is somewhat curious. The former had observed, that he had learnt that Mr. Randolph had called him a rogue: to this the Honourable John Randolph replied, “In you, Sir, I can recognize no right to hold me accountable for my public or private opinion of your character, that would not subject me to an equal claim from Colonel Burr and Sergeant Dunbaugh. I cannot descend to your level. This is my final answer.” Upon this concise reply, the General wrote the following letter to the senator:—

“Sir,

“I have received your letter of the 25th instant, by mail, in which you violate truth and honour, to indulge the inherent malignity and rancour of your soul. On what ‘level,’ pray Sir, shall we find the wretch who, to mark his cowardice, fabricates falsehoods, and heaps unprovoked insults upon unmerited injuries? You ‘cannot descend to my level,’—vain, equivocal thing! And you believe this dastardly subterfuge will avail you, or that your lion’s skin will longer conceal your true character? Embrace the alternative still within your reach, and ascend to the ‘level’ of a gentleman, if possible; act like a man if you can, and spare me the pain of publishing you to the world for an insolent, slanderous, and prevaricating poltroon.

“James Wilkinson.”

There is a N.B. by way of postscript, to tell the senator that “the sacred respect due to the station he occupied in the councils of the nation, alone protected him from the chastisement of his cane.”

The General kept his word, and when Congress was assembled, the following notice was stuck up in the corners of the streets and in all the taverns:—

“Hector unmasked.—In justice to my character, I denounce to the world John Randolph, Member of Congress, a prevaricating, base, calumniating scoundrel, poltroon, and coward.”

At the time of the French Revolution two celebrated French duellists were residing in Philadelphia, Louis de Noailles and Alexandre de Tilly. The Viscount de Noailles was admitted into the family of a Mr. Bingham, one of the wealthiest merchants of Pennsylvania, and a senator. He soon after introduced the Count de Tilly, who was much liked by Mrs. and Miss Maria Matilda Bingham, an only daughter. The experienced seducer soon persuaded the young lady, who was not yet of age, to marry him privately, and they were secretly united in 1799, by a clergyman whom they had bribed.

This marriage threw the family into a state of consternation. The mother died heart-broken, Mr. Bingham only survived her a few years; and a Mr. Barry thought it proper to chastise the Frenchman, who was, however, induced to leave the United States on the following conditions:—Five thousand pounds ready money to pay his debts,—an annual allowance of five hundred pounds,—and an acknowledgment on the part of Mr. Barry, either in writing or by a verbal communication through the Count de Noailles, that he merely pushed against him in a crowd!

In the year 1804, General Hamilton, who had been just appointed ambassador from the United States to Paris, got involved in a political dispute with Colonel Aaron Burr, then vice-president. Dr. Cooper had published a pamphlet, in which he had said “Colonel Hamilton and Dr. Kent say, that they consider Colonel Burr a dangerous man, and one unfit to be trusted with the reins of government.” In another place the same writer said, “General Hamilton has expressed of Colonel Burr opinions still more despicable.”

The last passage excited the resentment of Colonel Burr, who demanded from General Hamilton “a prompt and unqualified acknowledgment or denial of the expressions which could justify this inference on the part of Dr. Cooper.” General Hamilton admitted the first statement, which he contended was fairly within the bounds prescribed in cases of political animosity, but objected to be called on to retrace every conversation which he had held either publicly or confidentially in the course of fifteen years’ opposition. This would not satisfy Burr, who insisted upon satisfaction and a meeting.

On the evening before the duel Hamilton made his will, in which he enclosed a paper, containing his opinion of duelling; and, expressive of the reluctance with which he obeyed a custom so painful to his feelings, he says—

“On my expected interview with Colonel Burr, I think it proper to make some remarks explanatory of my conduct, motives, and views. I was certainly desirous of avoiding this interview, for the most cogent reasons:—

“First.—My religious and moral principles are strongly opposed to the practice of duelling, and it would ever give me pain to shed the blood of a fellow creature in a private combat, forbidden by the laws.

“Secondly.—My wife and children are extremely dear to me, and my life is of the utmost importance to them, in various points of view.

“Thirdly.—I feel a sense of obligation towards my creditors, who, in case of accident to me, by the forced sale of my property, may be in some degree sufferers. I do not think myself at liberty, as a man of probity, lightly to expose them to hazard.

“Fourthly.—I am conscious of no ill-will to Colonel Burr, distinct from political opposition, which, as I trust, has proceeded from pure and upright motives.

“Lastly.—I shall hazard much and can possibly gain nothing by the issue of the interview.”

The parties met, and Colonel Burr’s shot took fatal effect. General Hamilton had determined not to return the fire, but, on receiving the shock of the mortal wound, his pistol went off involuntarily in an opposite direction.

Few individuals died more lamented than General Hamilton, whose funeral at New York was observed with unusual respect and ceremony. All the public functionaries attended, and the bells, muffled, tolled during the day. All business was suspended, and the principal inhabitants wore mourning for six weeks. No death, save that of Washington, had filled the republic with such deep and universal regret.

A singular and fatal duel was fought in New York by the late Stephen Price, well-known as the former lessee of Drury Lane theatre. The following is an account of this affair, extracted from the American papers:—

“Benjamin Price was a grocer at Rhinebeck, and was considered the flower of the flock. He was at the theatre one evening with a beautiful woman, when a British officer, in an adjoining box, took the liberty of turning round and staring her full in the face. She complained to Ben Price, and, on a repetition of the offence, he turned round and seized the nose of the officer full between his finger and thumb, and wrung it most effectually.

“The officer left the box, and soon after a knock was heard at the door of Ben Price’s box. Ben opened it, and there stood the officer, whose name was Green, and who asked Ben, what he meant by this behaviour? at the same time remarking, that he had not meant to insult the lady by what he had done. ‘Oh! very well,’ replied Ben, ‘neither did I mean to insult you by what I did.’ Upon this they shook hands as sworn brothers; and some time after Mr. Green went to Canada to join his regiment.

“The facts of this affair, however, reached Canada as soon as Mr. Green did, and of course were bruited about. The officers of his regiment, one of whom had a pique against him, caused it to be brought under the notice of his brother officers, one of whom, a Captain Wilson, insisted that Green should be sent to Coventry, unless he went back directly and fought Ben Price. Green, therefore, set to work, and practised for five hours every day, until he could hit a dollar at ten paces nine times out of ten. He then came to New York, and challenged Ben Price. They fought at Hoboken, and Ben was killed on the first fire. The seconds ran off, and Green took a small boat, crossed the river, and boarded a vessel in the bay just about to sail for England. The body of Ben was found at Hoboken, with a piece of paper attached to his breast, on which were inscribed the following words:—‘This is Benjamin Price, boarding in Veney Street, New York,—take care of him.’ The body was brought to the city quietly, and he was buried in New York.”

“Some years afterwards, Captain Wilson of the British army, whom we have mentioned above, arrived in this city, from England, on his way to Canada, and put up at the Washington Hotel. One day, at dinner, the conversation turned on the death of Ben Price, and the manner thereof. Captain Wilson remarked that he had been mainly instrumental in bringing about the duel, and detailed the circumstances connected therewith. This statement was carried immediately to Stephen Price, who was lying ill of the gout, at home: his friends say that he henceforth implicitly obeyed the instructions of the physician, obtained thereby a short cessation of the gout, and was enabled to hobble out of doors, his lower extremities swaddled in flannel. His first course was to seek the Washington Hotel, and his first inquiry was, ‘Is Captain Wilson within?’—‘He is,’ said the waiter.—‘Show me to his room,’ said Stephen, and he was shown accordingly. He hobbled up stairs with great difficulty, cursing at intervals the gout and the captain with equal vehemence. He at last entered the captain’s room, his feet cased in mocassins, and his hand grasping a stick. Captain Wilson rose to receive him, when he said, ‘Are you Captain Wilson?’—‘That is my name,’ replied the gallant captain. ‘Then, Sir, my name is Stephen Price. You see, Sir, I can scarcely put one foot before the other; I am afflicted with the gout. My object in coming here, is to insult you. Shall I have to knock you down, or will you consider what I have said a sufficient insult, and act accordingly?’—‘No, Sir,’ replied the captain, smiling, ‘I shall consider what you have said quite sufficient, and shall act accordingly. You shall hear from me.’”

“In due time there came a message from the captain to Stephen Price; time, place, and weapons were appointed, and early one morning a barge left New York, in which were seated, face to face, Stephen Price and Captain Wilson and two friends: they all landed at Bedlaw’s Island, the principals took their positions, and Captain Wilson fell dead at the first shot. The captain was buried in the vault there, and Price and the two seconds returned to New York; but his friends (Wilson’s) thought that he had gone suddenly to Canada, and always thought that he had died suddenly, or had been killed on his way to England to join his regiment.”

It is surprising that in a country where such an event as the death of General Hamilton could be productive of such a general feeling of regret, duels of the most wanton and desperate nature so frequently occur. But a very few years since a furious outbreak of temper was manifested in the state of Louisiana, where a Mr. Labranch, president of the legislative assembly, as he was about taking the chair, was assaulted by a Mr. Grymes, who endeavoured to strike him with a stick, when he drew a pocket pistol and fired at the aggressor, but missed him, and Grymes, in his turn, drew out a horse pistol loaded with ball and slugs, and fired at him. The ball grazed the head of a senator who was seated near the chairman, and who received two slugs in his arm and hand. This occurred in 1835.

The same year a duel took place between a lieutenant of the American Navy, and three passengers in a steam-boat, two of whom were brothers. The parties landed; the lieutenant received a ball in the hip, and one of the brothers fell dead on his fire. The surviving brother sought to avenge him, but also received a mortal wound. The third survivor now insisted upon satisfaction from the lieutenant’s second, whom he shot in the breast; he then obliged the lieutenant, although exhausted from loss of blood, to satisfy him still further, when he mortally wounded him.

Fighting with rifles and muskets, sometimes by beat of drum, is not an uncommon method of settling an American dispute; and frequently, as in the case of their disputes with our officers at Gibraltar, Americans have insisted upon fighting double-handed, or resting the pistol to level it on the left arm: a proposal made to one of our officers, a Captain G——, who had lost the use of his right arm in the Pyrenees, but who contrived with his left to wound very severely the desperado who sought to take such an unfair advantage of an honourable infirmity. These differences, to which we shall refer elsewhere, must have led to the most fatal consequences, had not the American commodore very wisely put out to sea.

It is to be lamented that this recklessness of life, that prevails in the United States of America, should have extended its baneful influence over our West India colonies. Both the British and French creoles are hasty in the expression of their displeasure, and vindictive in seeking to avenge their real or supposed wrongs. This circumstance is perhaps to be attributed to the great mortality which afflicts these unhealthy regions, as the constant sight of death, and the incessant tolling of the passing bell, must in a great measure strip death of many of its terrors. It is also to be observed, that the creoles, who enjoy a short but a merry life, are much addicted to the pleasures of the table, and balls generally succeed the festival, when the passions, excited by previous stimulants, predispose to a captious and jealous susceptibility; and wine and women reign paramount in the assembly. To this circumstance may be superadded the constant dissensions in colonial politics, where the representatives of the place are often in collision with the government; and it is to be lamented, that too frequently the crown lawyers themselves, instead of endeavouring to check the evils that must arise from such a want of concert and harmony, are the first to disturb the public peace; and attorney-general and solicitor-general are occasionally the most troublesome and pugnacious members of society.

A very severe lesson was given to a noted French duellist in Jamaica, by the captain of a West Indiaman, which is worthy of record. Henri d’Egville was a creole of St. Domingo, and had obtained great notoriety from the frequent quarrels and fatal duels in which he had been engaged. He was dining one day at Kingston, in company with several persons, amongst whom was a Scotch captain, of the name of Stewart. The meeting was convivial, and various songs and toasts were called for and given. At last D’Egville requested Stewart to sing a Gaëlic song, which the Scotchman declined on the plea of his ignorance of that language. The Frenchman insisted, when Stewart sang a Scotch drinking song, which D’Egville, who understood but little English, took for a Gaëlic strain. Here the matter ended, the party broke up, and Stewart repaired to his vessel, accompanied by a friend, when the conversation turned upon duelling, and the reputation that D’Egville had obtained of being a dangerous man. Stewart expressed his horror of duelling, and admitted that it had been his misfortune to kill one of his intimate friends, of the name of Cameron, in a hostile meeting, occasioned by some difference between them concerning a lady, when Cameron had struck him. The Scotchman expressed his deep sorrow for that melancholy event, which had ever since embittered his existence.

While the parties were thus conversing, they perceived a boat pulling towards the ship, and Stewart recognised in it a Captain Wilthorpe, an officer in the Columbian service, a professed duellist, and the constant and worthy companion of D’Egville. Stewart had strange forebodings at this unexpected visit, which were soon realised. Wilthorpe came on board, and, after politely saluting the captain and his friend, delivered a message from Henri d’Egville, who had considered himself mystified by Stewart’s having sought to impose upon him an English song for a Gaëlic specimen.

The Scotch captain expressed his surprise at this communication, and at the same time declared his firm resolution not to fight a duel after the melancholy result of a former one in which he had been engaged. Wilthorpe withdrew and returned to his boat. Stewart, shortly after having occasion to go on shore, met D’Egville on horseback, when the latter rode up to him, struck him with a horsewhip, and galloped off.

Stewart, greatly indignant at this outrageous conduct, formed the resolution of ridding the world of such a pestilence; and at the same time perilling his own life by compelling the Frenchman to fight a duel which would render the fall of both of them certain. He sent him a message, and requested a meeting behind the Iguanna rocks. He then, accompanied by two of his men, proceeded to the rendezvous, and directed them to dig a grave sufficiently deep to receive two bodies. D’Egville soon appeared, and Stewart proposed, as conditions of the duel, that they both should stand in the grave, holding their pistols in one hand and the end of a pocket-handkerchief in the other. The sun was shedding its parting rays on the wild spot he had selected. Stewart was firm and calm: the Frenchman, despite his efforts to appear undismayed, betrayed evident signs of perturbation.

The seconds, one of whom was Wilthorpe, drew lots for the word of command—the fatal signal of death. The parties descended into the pit; Stewart with an undaunted step, D’Egville with much trepidation. The handkerchief was placed in their hands, firmly grasped by the Scotchman, tremblingly held by the creole: the word “Fire” was about to be given, when the ruffian swooned and fell at the feet of his adversary. Stewart spurned him with his foot, as a dastardly and contemptible coward, and left him to the care of his worthy companion and friend.

In the same colony, a fatal duel of a most singular nature took place in 1830. Two planters, having made rather free at a merry dinner, quarrelled and determined to fight a duel with muskets. Their boon companions consented to the meeting; but, knowing the friendship that had long existed between them, and the absurdity of the dispute, they determined to load the pieces with powder and without ball. The parties met, fired by signal, when, to the utter dismay of the seconds and the party assembled to witness the sham fight, one of them was shot in the back and dropped a corpse. Recovered from their surprise, they carefully examined the surrounding bush, when at last they discovered a negro concealed under a tree, and armed with a carbine. The man was seized, and confessed that he was the assassin. The motives that had impelled him to this deed were most singular. It appeared that the preceding day, one of the planters had passed by a gibbet on which a negro was hanging, when he wantonly put a pipe in the mouth of the culprit. It was a companion of the unfortunate man, who, on beholding the action, resolved on punishing the planter as soon as a favourable opportunity might present itself. He was present when the duel was decided on, and he hastened to his cabin, loaded a carbine, and concealing himself behind a tree, near the scene of action, intended to fire upon his victim; but the darkness of the night led to the fatal mistake, which deprived the offender’s adversary of life.

It is not only in the British colonies that law officers show the detestable example of duelling. In 1829 the attorney-general of Martinique shot a French count, in consequence of some ill-timed jokes in a ball-room. Not long ago, the governor of one of our transatlantic possessions fought a duel with the chief-justice of the island. Nor can we be surprised at these disgraceful occurrences, when it is notorious that the judicial and legal situations in the colonies are not always conferred on merit, legal attainments, or proper qualifications, but often upon persons who merely possess patronage; and any tyro who is called to the bar is considered fit for the judicial bench of a colony, or the duties of a crown lawyer. The same abuse of power became the curse of the Spanish American possessions; whenever a hidalgo was ruined, or too poor to live in the mother country, or unfit for any situation at home, he was sent out to Las Indias to make a fortune. It seems to be the destiny of all colonies to be subject to misrule and oppression; and one might imagine that to colonize, imports creating future enemies.

Amongst people of colour duels are not uncommon: at Hayti, the greatest insult is to call a man a mulatto, an offence which induced one of their generals of the name of Lapointe to order the legs of a negro to be sawed off.

The evils of colonization are every day becoming more evident in Algeria, a possession which will prove to France a drain of blood and treasure, and the tranquillity of which is frequently disturbed by disputes and duels, both amongst military men and civil officers. There, as in America, party spirit runs high; and the greater the difficulties public functionaries have to encounter in the discharge of their duty, and their care of personal interest, the more liable will society be to a want of harmony and difference of opinion. Colonies may be considered as republics belonging to monarchical governments, and many anomalies must necessarily prevail in their administration.

The subject of duelling in the United States, and the many causes of its frequency to which we have alluded, cannot be better illustrated than by the following extract from the works of our poet Moore:—

“The rude familiarity of the lower orders, and indeed the unpolished state of society in general, would neither surprise nor disgust, if they seemed to flow from that simplicity of character, that honest ignorance of the glass of refinement, which may be looked for in a new and inexperienced people. But when we find them arrived at maturity in most of the vices, and in all the pride of civilization, while they are still so remote from its elegant characteristics, it is impossible not to feel that this youthful decay, this crude anticipation of the natural period of corruption, represses every sanguine hope of the future energy and greatness of America.”

Although we cannot agree with our author in the latter part of his opinion, as America is daily rising to power and eminence, yet there is no doubt that the rancorous hostility which will long prevail between the democrats and the federalists, the wealthy and the poor, the northern and the southern, will prove for a considerable time an endless source of discord in a land where licentiousness is considered liberty.

CHAPTER XXII.

DUELS IN THE EAST.

There appears but little doubt of the common origin of the Germans, the Chinese and Turcomans; some similarity of laws and customs may therefore be considered as likely to be traced amongst the latter people. Du Buat states that on the shores of the Caspian Sea, ancient monuments have been discovered, which clearly show that those shores had once been the site of a country called Li Ken, and subsequently Ta Tsin, and known to the Chinese under the denomination of Shem Han, a dynasty bearing date about two hundred and seven years before our era.

This people he considers to have been a race of Huns, afterwards Tartars, and of whom the Chinese historians relate the most extraordinary traditions. According to these writers, the capital of the Ta Tsins was a hundred leagues in circumference, and was adorned by five palaces, situate ten leagues from each other. The people were, moreover, according to these accounts, most comely and tall, like the Chinese: hence were they called Ta, great, and Tsin, China. It appears, moreover, evident that the doctrines and fables of the Boudha are similar to those of Wooden, or Odin.

Thus do we find the laws of retaliation and compensation as pertinaciously observed by the Chinese, as by the inhabitants of ancient Germania, although amongst the former duels are unknown. According to the magnitude of the offence, the infliction of the bamboo is ordered: ten strokes for a verbal affront; twenty, for a blow, or a kick; fifty, for tearing off a certain quantity of hair; and eighty, for throwing dust in the face; while life atones for life.

According to the laws of Zoroaster, in a work attributed to him, called the Zend-Avesta, abridged in a compendium entitled the Sad-er, or the gates,—intending to strike a blow constitutes the offence called Agnerefte; to give it is the Eonvereschte. The first misdemeanor is punished with five blows; the second, with ten; increased in aggravated cases, and on reiteration of the offence. To inflict a wound that requires more than two days to heal, is an Aredosch; and to strike a man behind, a Khor. The punishment of the first, is fifteen strokes; of the second, thirty lashes, inflicted with a leather strap.

In Japan, instead of fighting duels, the parties endeavour to display their valour by committing suicide. It is related that two officers of the household of the Emperor having met on the staircase of the palace, their sabres happened to entangle: words arose; one of them imputed the affair to accident, adding, that the quarrel was between the two swords, and the one was as good as the other. “We shall see that presently,” replied his adversary, and with these words he drew his weapon, and plunged it into his own breast. The other, impatient to display similar courage, hurried away, in order to serve up a dish that he was carrying to the Emperor’s table, which having done, he returned to his opponent, who was at the point of death; but on finding that he was still alive, he also plunged his sword into his own body, adding, “You should not have had the start of me, had not my duties obliged me to attend the Emperor. I die, however, contented, since I have proved to you and to the world, that my sabre is as trusty as your own.”

Under such regulations it may be easily imagined that duels in Japan are rare, and quarrels not frequent. Each street has a resident police officer, called an Ottona. In the event of any difference arising, he calls upon the parties to come to some amicable arrangement, and has the power of incarcerating the persons who hesitate in following his advice. When a quarrel or an affray takes place, the inhabitants of the street are obliged to check it, and if one of the party is killed, the survivor is put to death, and three of the principal neighbouring families are placed under interdict for several months, while the other citizens in the vicinity are condemned to some hard labour. When a man dies, an inquest is invariably held on the body, to ascertain that it bears no marks of violence, for a violent death must be avenged somehow or other.

Amongst the Arabs we again have the Germanic vindictive retaliation: each family is considered the guardian and avenger of its own rights. Their susceptibility of an offence is most punctilious, and as Niebuhr observes, “the honour of their women, and their beards, is equally dear to them.” An expression of contempt can only be washed off by the blood of the offender, and their inveterate hate, and thirst of revenge, frequently brood and smoulder for years, until an opportunity offers to glut their revenge. No compensation can atone for the loss of life: the existence of the murderer is placed in the hands of the relatives of the deceased; but it is not always the life of the assassin alone that can gratify them,—they will fix upon some innocent member of his family, whose existence may be the most precious to his friends. When their victim is murdered, his family and his clan will, in their turn, meditate on the most refined means of avenging his fall. Thus do these bloody feuds exist for centuries, and revenge is transmitted down as an honourable heir-loom.

Amongst the American Indians we observe similar acts of vengeance. An Indian had a quarrel with one of his countrymen, who bit him severely in the hand; the latter declared himself maimed, and demanded a combat. The day is fixed; the tribe assembled. The champions advance: the offended is armed with a musket; the offender is without any weapon; both are painted of different colours. The parties approach each other running, but halt at fifteen paces distance. The man without arms presents his breast to his antagonist, who, quietly resting on his piece, takes a draught out of his gourd, and calmly looks around him. On a sudden he utters a loud and wild shriek, fires, and brings down his foe. While the offender is weltering in his blood, the other gives up his musket to the son, or a near relation of the dying man; he then retreats some paces, takes a firm stand, points with his finger to the region of the heart, and in turn receives his mortal wound. It appears that in all such cases it is necessary that both parties should perish.

Such are the notions of honour amongst uncivilised nations and infidels! Can we, as Christians, boast of a higher sense of justice, and of respect to the laws of God and man? Alas! might not the unbelievers whom we seek to reclaim by the mild doctrines of the Saviour, have too frequently reason to reply to us in the words of the Inca to the murderous Castilian, “I should not wish to go to thy Heaven, if I am to meet thee there.” The following anecdote will show that barbarians, as we are pleased to denominate them, can afford a bright example to the most refined nations of Europe.

In 1690, a quarrel arose between two sons of Muly Ismael, Emperor of Morocco: a combat took place, which was interrupted, and they were both brought in chains before their father, who thus addressed them:—“I am rejoiced to see you still amongst the living, although you both should have fallen in the combat. It appears that you imagined that you no longer possessed a father, or that you had forgotten that you were my sons. Mild as lambs when I am with you, you are each more furious than a roaring lion when I am away. I still live, and you have dared to have recourse to arms.” So saying, he ordered that staves should be put into their hands, and that they should chastise each other in his presence.

END OF THE FIRST VOLUME.

LONDON:
PRINTED BY SAMUEL BENTLEY,
Bangor House, Shoe Lane.