Moore has made, on this subject, the following judicious observations: “Some have asserted that we should become a pusillanimous nation if a less stress were laid than is at present on that species of personal courage which is exhibited in the duel. But the annals of all ages afford us a sufficient proof and consolation, that in all cases of emergency the free-born subjects of a free nation, through that natural enthusiasm which a love of their country inspires, will strain every nerve of courage in defence of their liberty or warlike glory, without having been previously disciplined in the school of duelling and modern honour.”
The frequency of duels in the United States may be adduced in opposition to the foregoing opinions; but this objection by no means holds good. America is still a young country; and society, although it is making rapid strides towards a higher state of civilization, is still under the influence of rude and unpolished manners and prejudices, which a superior education and more enlightened times alone can remove: and I feel confident, from the daily progression of improvement in those regions, that in half a century duels will be there of as rare occurrence, if not rarer than in Great Britain; and this progress will be in the ratio of that of literature and the fine arts, for bloodshed and murder, however qualified, are incompatible with the pursuits and the gentler occupations of peace. The sun of science will gradually dispel the mists of ignorance and prejudice, open the mind to the conviction of reason and of truth, and show that a stem republican may display a courtly polish without derogating from the independence of a free man, since courtesy of behaviour may be considered the natural result of superior education.
I have deemed this digression from the plan of this work excusable, as the reign of Louis XIV. may be said to have constituted an epoch in civilization: we shall see how far his successors sought to cultivate the advantages which it held forth.
We may say that with this reign terminated the practice of duelling, as founded upon ancient usages; and, as I have quoted Montesquieu, a further passage from this illustrious writer may be considered as a recapitulation of the grounds upon which the erroneous views of the Point of Honour were based.
“We find many strange enigmas in the legal codes of barbarians. By the law of the Frisons, half a sol was granted as a compensation for a man who had been beaten with a stick. By the Salic law, an ingénu, who gave three blows of a stick, paid a fine of as many sols; and, if blood was drawn, he was punished as though the injury had been inflicted with an iron weapon, and had to pay fifteen sols. The law of the Lombards established various compositions for one, two, or three or four blows; but now-a-days one blow is worth a hundred thousand.
“The constitution of Charlemagne, inserted in the laws of the Lombards, enacts that those who are allowed a duel should fight with sticks: this regulation was partially in favour of the clergy; and it is also likely that it was intended to render duels less sanguinary. In the Capitularies of Louis le Débonnaire, the combatants had the choice of staves or arms; subsequently it was only serfs who fought with cudgels.
“Already I see arising the particular articles of our Point of Honour. The accuser commenced by declaring to a judge that a person had committed a certain action; the accused replied that he asserted a falsehood, and the judge ordered the battle. Thus was introduced the maxim, that the lie demanded a combat.
“When a man had once declared that he would fight, he could not avoid the necessity; and, if he withdrew from the obligation, he was subject to a penalty. Hence arose the rule, that, when a man had once pledged his word, he could not retract it without dishonour.
“Gentlemen fought with each other on horseback, and with their arms; while villains fought on foot, and with staves. Hence a stick was considered a weapon of degradation, since a man who had been struck with it had been treated like a villain.
“Moreover, it was only villains who fought with their faces uncovered, therefore they alone could receive a blow in the face: thus a slap in the face became an injury that could only be obliterated with blood, for the man whose face had been slapped had been treated like a low-born person.