Diary in America, Series One

by Frederick Marryat

And now let us examine into the particulars of this duel between Mr Graves and Mr Cilley. It was well known that Mr Graves had hardly ever fired a rifle in his life. Mr Cilley, on the contrary, was an excellent rifle-shot, constantly in practice: it was well known, also, that he intended to fix a quarrel upon one of the southern members, as he had publicly said he would. He brought his rifle down to Washington with him; he practised with it almost every day, and more regularly so after he had sent the challenge, and it had been accepted. It so happened that, contrary to the expectations of all parties, Mr Cilley, instead of Mr Graves, was the party who fell; but surely, if ever there was a man who premeditated murder, it was Mr Cilley. I state this, not with the wish to assail Mr Cilley’s character, as I believe that almost any other American would have done the same thing; for whatever license society will give, that will every man take, and moreover, from habit, will not consider it as wrong.

But my reason for pointing out all this is to show that society must be in a very loose state, and the standard of morality must be indeed low in a nation, when a man who has fallen in such a manner, a man who, had he killed Mr Graves, would, according to the laws of our country, have been condemned and executed for murder, (inasmuch as from his practising after the challenge was given, it would have proved malice prepense, on his part) should now, because he falls in the attempt, have honours paid to his remains, much greater than we paid to those of Nelson, when he fell so nobly in his country’s cause. The chief magistrate of England, which is the king, did not follow Nelson to the grave; while the chief magistrate of the United States (attended by the Supreme Court and judges, the Senate, the Representatives) does honour to the remains of one who, if Providence had not checked him in his career, would have been considered as a cold-blooded murderer.

And yet the Americans are continually dinning into my ears—Captain Marryat, we are a very moral people! Again, I repeat, the Americans are the happiest people in the world in their own delusions. If they wish to be a moral people, the government must show them some better example than that of paying those honours to vice and immorality which are only due to honour and to virtue.

Legislation on Duelling.—The legislature of Mississippi has prohibited duelling, and the parties implicated, in any instance, are declared to be ineligible to office. The act also imposes a fine of not less than three hundred dollars, and not more than one thousand, and an imprisonment of not less than six months: and in case of the death of one of the parties, the survivor is to be held chargeable with the payment of the debts of his antagonist. The estate of the party who falls in the combat is to be exonerated from such debts until the surviving party be first prosecuted to insolvency. The seconds are made subject to incapacity to hold office, fine, and imprisonment.

Anti-Duelling Bill.

The bill, as it passed the senate, is in the following words:—

A Bill to prohibit the giving or accepting, within the District of Columbia, of a Challenge to fight a Duel, and for the punishment thereof.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any person shall, in the district of Columbia, challenge another to fight a duel, or shall send or deliver any written or verbal message purporting or intending to be such challenge, or shall accept any such challenge or message, or shall knowingly carry or deliver any such challenge or message, or shall knowingly carry or deliver an acceptance of such challenge or message to fight a duel in or out of said district, and such duel shall be fought in or out of said district; and if either of the parties thereto shall be slain or mortally wounded in such duel, the surviving party to such duel, and every person carrying or delivering such challenge or message, or acceptance of such challenge or message as aforesaid, and all others aiding and abetting therein, shall be deemed guilty of felony, and upon conviction thereof; in any court competent to the trial thereof, in the said district, shall be punished by imprisonment and confinement to hard labour in the penitentiary for a term not exceeding ten years, nor less than five years, in the discretion of the court.

Sec. 2. And be it further enacted, that if any person shall give or send, or cause to be given or sent, to any person in the district of Columbia, any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall be the bearer of any such challenge, every person so giving or sending, or causing to be given or sent, or accepting such challenge, or being the bearer thereof, and every person aiding or abetting in the giving, sending, or accepting such challenge, shall be deemed guilty of a high crime and misdemeanor, and on conviction thereof in any court competent to try the same, in the said district, shall be punished by imprisonment and confinement to hard labour in the penitentiary, for a term not exceeding ten years, nor less than five years, in the discretion of the court.

Sec. 3. And be it further enacted, that if any person shall assault, strike, beat, or wound, or cause to be assaulted, stricken, beaten, or wounded, any person in the district of Columbia for declining or refusing to accept any challenge to fight a duel, or to engage in single combat with any deadly or dangerous instrument or weapon whatever, or shall, post or publish, or cause to be posted or published, any writing charging any such person so declining or refusing to accept any such challenge to be a coward, or using any other opprobrious or injurious language therein, tending to deride and disgrace such person, for so offending, on conviction thereof in any court competent to trial thereof in said district, shall be punished by confinement to hard labour in the penitentiary for a term not exceeding seven years, nor less than three years, in the discretion of the court.