These four duels are mentioned here because they involved citizens of the highest prominence. They proved clearly to the American people that King Gundobald's law that "Providence awards the victory to the juster cause" was wholly untenable.
After the Burr-Hamilton affair severe laws were passed against duelling; but the influence and power of its advocates rendered it difficult to get an indictment from a grand jury or a conviction from a petit jury. After the Terry-Broderick duel, however, it became easy, and so many convictions were obtained that this mode of trial was permanently banished from America. Today no one could give better evidence of unrighteous and murderous intentions than to challenge another to trial by combat.
It should not be difficult to draw an analogy between this barbarous and cruel method of trying so-called non-justiciable cases and that of the great and powerful nations, which make the same false claim that differences between them are non-justiciable and only to be settled by trial by combat.
If, as the world has decided, questions of honor between individuals are justiciable, it must also be true that no question of honor between nations is non-justiciable.
National Trial by Combat
Of the present war, I want to record my conviction that, as we are in it, whether wisely or no, it is the duty of every American to help prosecute it with all his abilities until peace is attained.
But of war in general, I have much to say. As personal trial by combat has disappeared from all civilized lands, so national trial by combat will, I believe, be abolished by force of public opinion, at no very distant date.
The manner in which this, the greatest of all reforms, can best be brought about has been with me a matter of the greatest interest, to which I have given much reflection.