J. G. Millingen

“ In the history of duelling we read the history of mankind in the developement of our evil passions, and the occasional display of some redeeming qualities. 6 It is a reflective mirror stained with blood, and we must wipe off the clotted gore of ages to contemplate truth in all its bearings, to feel what miserable creatures we are!—the occasional foot-balls of vanity and pride, or the tools of ambition and hypocrisy, but always the victims of ideal pursuits and visionary joys! ”

“ Every one will admit the absurdity of the bathos from the lance to the pistol,—from the grave and noble auto da fe which the combat of the chivalrous ages exhibited in its solemn appeal to God, as the witness and the judge of right and wrong, to the modern system, resorted to on the most trivial as well as the most important occasions, and as striking a proof of the degenerate faithlessness of the present, as the ancient custom, of which it is the distorted image, is of the simple faith and piety of the olden time. ”

“ And what constitutes this prejudice?—the most extravagant and barbarous idea that ever entered the human mind; fancying that all social duties will find a substitute in valour; that a man ceases to be a rogue, a cheat, a slanderer, and becomes civilized, humane, and polite, when he knows how to fight! that falsehood 200 becomes truth, theft legitimate, treachery and perfidiousness praiseworthy, so soon as he can maintain these qualities sword in hand! that an insult is wiped away by the wound of a sword, and that you can never be in the wrong when you have killed your adversary! ”

“ Can we indeed be surprised at the indignation which must have fired every liberal bosom when beholding, not only the insolence of the aristocracy, but the vices of sovereigns and the crimes of ministers, becoming subjects of general admiration, and even eulogised in the pulpit?—when a prelate like Fléchier declared in his funeral oration on Cardinal Richelieu, that God had bestowed upon his soul those excellent gifts that fitted him to rule the world, and bring into action those secret springs which he ordained to elevate or overthrow, in his eternal decrees, the power of kings and kingdoms! ”

“ This latter law, it is true, does not frown its terrors from columns of black letter, nor is it supported by volumes of cases and commentaries; but we rather think that the want of these auxiliaries is but too well compensated by the swiftness and certainty of its administration. No waiting until the assizes or sessions—no flaws in the indictment—no cajoling the jury. Whoever defies public opinion is convicted on view, and punished immediately on conviction. Who, then, shall say that he does not suffer by law? ”

“ The nation was sick of glory, and of a magnificence which had drained its wealth: still, it murmured silently and moodily, until master-minds should appear, to bring these elements of discord into action. Apathy had succeeded energetic deeds, and indolence ushered in vice stripped of all its gaudy attractive fascination, and in all its natural baseness and turpitude. Philip d’Orleans, Regent of the kingdom during the minority of the fifteenth Louis, plunged the court into every possible species of debauch; and the polished gallantry of former days was succeeded by the most degrading excesses. ”

“ Suppose a high-spirited, but good-natured, young man receives an insult. It is possible that his first, or, at least, his second impulse, may be to pass it over, and content himself with despising the brute who offered it. The brute, however, mistaking love of peace for fear of war, and glad of an opportunity of oppressing safely, repeats the aggression; the bystanders, who, to a young man, are the representatives of all mankind, past, present, and to come, begin to show by their looks that they had not expected so much philosophy. Our hero gives or sends a challenge ”

“ The very origin of duelling should make us blush at its permanency,—springing from the darkest eras of barbarism, when scarcely a vestige was left, in the wreck of empires, of ancient glory, and of those arts, sciences, and polite accomplishments that had distinguished preceding ages, and of which the scattered ruins and tradition alone remained, fearful records of the vanity of earthly grandeur and mortal fame. ”

“ The expediency of enacting prohibitory laws against duelling, such as exist in some foreign countries, must necessarily be left to the wisdom of the united Houses to determine; it would probably be decided in the negative, and perhaps rightly so. But a far more efficient remedy is in your Lordships’ own hands, as the highest court of honour in the kingdom,—the capital of the column of English nobility,—the sun, as it were, whose lustre and the spots that obscure its disk are alike reflected by that class of society in which the evil complained of has hitherto chiefly prevailed. ”

“ If we could but define certain words, and make that definition recognized by society, which is drawn by reason, instead of fashion and prejudice, how much more happy might we not be! Then should we know 5 the real meaning of the words, “liberty, glory, honour, love, courage,”—now fantastic idols, at whose shrine so much blood has been vainly shed!—while, by a strange perversion of human intellect, satisfaction has been considered to consist in the probable aggravation of our own sufferings, and the misery of all those whom we hold dear. ”

“ Sir Michael Foster, in his Discourse on Homicide, says:—‘Upon this principle, deliberate duelling, if death ensues, is, in the eye of the law, murder; because duels are generally founded on a feeling of revenge: and though a person should be drawn into a duel upon a motive not so criminal, but merely upon the punctilio of what the swordsmen call honour, that is no excuse; for those who deliberately seek the blood of another, act in defiance of all laws, human and divine. ”

“ The upright man never moves without it,—in battle with the enemy, in society, in advocating the cause of the absent and of truth; on his couch, in bearing with fortitude the attacks of pain and of death. The strength of mind that inspires this quality belongs to every age; and, ever placing virtue above worldly wants, it seeks not the combat, but it dreads no danger.”
In this moral revolution the strangest event 202 was, to behold those whom it was most likely to affect becoming powerful auxiliaries to the contemplated reforms, reforms in which they were doomed to perish. ”

“ If a code of self-executing statutes could be framed, public feeling might for a time be disregarded; or if some ingenious mechanic could construct a steam-engine which, by different movements, should perform the work of judge and jury, there would then be some chance that iron laws might be enforced. But while the old plan of manual labour is pursued—while judges and juries, and witnesses and counsel, are human beings, and live in society, it will be in vain to expect from them the enforcement of edicts which run counter to all their sympathies. ”

“ Well, then, if that inference would be drawn out of a court of justice, can it be said that in a court of justice there is not a scintilla of evidence from which such an inference can be drawn? This would be a most unsatisfactory conclusion of such a trial. Your lordships will weigh the evidence maturely and deliberately, and if you think that it is not sufficient to convict the noble Lord at the bar, of course you will acquit him, and will say, ‘Not guilty, upon my honour,’ but you will not stop the prosecution upon an objection like this. ”

“ It is to chivalry that this eloquent writer attributes the rise of gallantry, when sentiments of love were associated with a sense of strength, valour, and protection; and this spirit was inherent in the practice of tournaments, which, uniting tender passions with noble deeds, gave to gallantry a greater importance than it would otherwise have obtained, had they merely been trials of skill and courage in a passage of arms; and to this day the term gallant is applied to a man brave, high-spirited in his bearing, splendid and magnificent in his appearance, and devoted to the service of the fair. ”

“ Does he not act naturally, and we may even add rationally, in obeying the power which can best carry its will into execution? He knows that the penalty inflicted by the law of public opinion is certain; he knows also that it is the most galling which a man of high spirit and quick feelings can endure. On the other hand, he can be sure, even reasoning à priori, that two opposing laws cannot both exist in full vigour at one and the same time. But he has better evidence; he finds by his daily experience that the statute-book is almost a dead letter when it comes in contact with public opinion. ”

“ Let us strip the romantic days of chivalry of their fantastic and glittering panoply,—the hall of wassail of its pomp and beauty,—the troubadour’s fond theme of its florid attractions,—and the feats of knighthood in the cause of the ladies loved par amours of their Quixotic devotion,—and what shall we behold? Treachery and ferocity of the blackest die,—profligacy and debauchery of the most revolting nature,—vice clad by a morbid imagination in the most fascinating garb of virtue,—and a murderer’s brow laurelled by beauty’s hand, instead of falling under the headsman’s axe! ”

“ Let the Attorney-General say what he will, a crime is not divested of its inherent moral turpitude by the frequency or the impunity with which it is committed; nor does felony cease to be a crime when the felon is countenanced, or even stimulated to the act, by the class-opinion of the circle which forms ‘his world.’ Every class has in it an aggressive self-centring principle, which aspires to ride rough-shod over society, and chafes under the restraint of law. ”