Note 16 — THE CASUISTRY OF DUELLING.[13]

If it be asked by what title I represent Society as authorising (nay, as necessitating) duels, I answer, that I do not allude to any floating opinions of influential circles in society; for these are in continual conflict, and it may be difficult even to guess in which direction the preponderance would lie. I build upon two undeniable results, to be anticipated in any regular case of duel, and supported by one uniform course of precedent:—First, That, in a civil adjudication of any such case, assuming only that it has been fairly conducted, and agreeably to the old received usages of England, no other verdict is ever given by a jury than one of acquittal. Secondly, That, before military tribunals, the result is still stronger; for the party liable to a challenge is not merely acquitted, as a matter of course, if he accepts it with any issue whatsoever, but is positively dishonoured and degraded (nay, even dismissed the service, virtually under colour of a request that he will sell out) if he does not. These precedents form the current law for English society, as existing amongst gentlemen. Duels, pushed à l'outrance, and on the savage principles adopted by a few gambling ruffians on the Continent, (of which a good description is given in the novel of The most unfortunate Man in the World,) or by old buccaneering soldiers of Napoleon, at war with all the world, and in the desperation of cowardice, demanding to fight in a saw-pit or across a table,—this sort of duels is as little recognised by the indulgence of English law, as, in the other extreme, the mock duels of German Burschen are recognised by the gallantry of English society. Duels of the latter sort would be deemed beneath the dignity of judicial inquiry: duels of the other sort, beyond its indulgence. But all other duels, fairly managed in the circumstances, are undeniably privileged amongst non-military persons, and commanded to those who are military.