Page:Memoirs of Extraordinary Popular Delusions and the Madness of Crowds Vol 2.djvu/314

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DUELS AND ORDEALS.
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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.

"August, 1771. Joseph."[1]

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 every where follows the steps of modern civilisation; 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.[2] 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

  1. 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.
  2. Encyclopedia Americana, art. Duelling.