How front, without regard to juftice. much more manly and patriotic was the behaviour of Themiftocles, when infulted by the Lacedemonian general in deliberating about the concerns of Greece! "Strike," fays he, "but first hear met When * 39 1s duelling a crime by the law of nature? A diftinction is neceffary. If two men, bent to deftroy each of them the other, meet armed, and one or both be flain, the act is highly criminal: it is murder in the ftricteft fenfe of the word. If they appoint time and place to execute their murderous purpose, such agreement will not be more innocent than an agreement among a band of robbers to attack every paffenger: they will be abhorred as unfit for civil fociety. A duel which an affront forces a man upon for vindicating his honour, when no fatisfaction is offered, or no proper fatisfaction, is very different. I cannot fee that the perfon affronted is guilty of any crime; and, if the perfon who gave the affront have offered what he thinks full fatisfaction, I fee no crime on either fide. The parties have agreed to decide their quarrel in the honourable way, and no other person is hurt. If it be urged, that duelling is a crime against the state, which is interested in the lives of its fubjects, I answer, that individuals are entitled to be protected by the state; but that if two men, waving that protection, agree to end the difpute by fingle combat, the ftate has no concern. There is nothing inconfiftent with the laws of fociety, that men, in an affair When a nation, formerly in prosperity, is depreffed by luxury and selfishness, what follows next? Let the Egyptians answer affair of honour, fhould referve the privilege of a duel; and, for that reafon, the privilege may be justly understood as referved by every man when he enters into society. I admit, that the ufing the privilege on every flight occafion, cannot be too much difcouraged; but fuch difcouragement, if duelling be not criminal, belongs to a court of police, not to a court of law. What then shall be said of our ftatutes, which punish with death and confiscation of moveables those who fight a fingle combat without the King's licence; and which punish even the giving or accepting a challenge with banishment and confifcation of moveables? Where a man thinks his honour at ftake, fear of death will not deter him from feeking redress: nor is an alternative left him, as the bearing a grofs affront is highly dishonourable in the opinion of all the world. Have we not inftances without number, of men adhering to the fuppofed orthodoxy of their religious tenets, unawed by flames and gibbets? How abfurd, then, is it in our legiflature to punish a man for doing what is indifpenfable, if he wish to avoid contempt? Laws that contradict honest principles, or even honeft prejudices, never are effectual nature revolts against them. And, it is believed, that these statutes have never been effectual in any one inftance, unless perhaps to furnish an excuse for declining a fingle combat. As duelling falls under cenforian powers, the proper fwer the question. That unhappy people, having for many ages been a prey to every barbarous invader, are now become effe minate, proper cenfure for rashness or intemperance in duel-" ling, is difgrace, not death or confiscation of moveables. In that view, the following or fome fuch plan may be adopted. It appears from the ftatute firft mentioned to be a branch of the royal prerogative to license a duel. Therefore, if an affront be fo grofs as in the perfon's opinion not to admit of any reparation but a duel, let him be entitled to apply to his Majefty for liberty to give a challenge. In Britain formerly, and through all Europe, single combat was a legal method of determining controverfies, even in matters of right and wrong; and there is great reafon for continuing that law, with respect to matters of honour. If the King have any doubt whether other reparation may not be fufficient, he is to name three military officers who have ferved with honour for twenty years; granting to them full powers as a court of honour to judge of the application; and upon calling the parties before them to pronounce fentence. If a duel be judged neceffary, it must be done in prefence of the court, with proper folemnities. Obedience will of courfe be given to this judgement; because to decline it would be attended with public infamy. If other reparation be enjoined, the party who ftands out fhall be declared infamous, unworthy for ever of the privilege of a duel; which ought to fatisfy the other party, as he comes off with honour. If, notwithstanding the prohibition of the court, they afterward proceed to a duel, and both be killed, the public gains by having two quarrelfome VOL. I. 3 G men minate, treacherous, cruel, and corrupted with every vice that debases humanity. A nation in its infancy, however favage, is fufceptible of every improvement; but a nation worn out with age and disease is fufceptible of no improvement. There is no remedy, but to let the natives die men removed out of the way. If one of them be killed, the furvivor fhall be incapable of any public office, civil or military, shall be incapable of electing or being elected a member of parliament, shall be prohibited to wear a fword, fhall forfeit his title of honour, and have his arms crazed out of the herald's register. If both furvive, this cenfure shall reach both. Degrading cenfures which difgrace a man, are the only proper punishment in an affair of honour. The tranfgreffion of the act of parliament by fighting privately without licence from the King, fhall be attended with the fame degrading punishments. It is a capital circumftance, that the court of honour has power to authorise a duel. A man grossly af. fronted will not be easily persuaded to submit his cause to a court that cannot decree him adequate reparation; and this probably is the caufe, why the court of honour in France has fallen into contempt. But they must be perverfe indeed or horribly obftinate, who decline a court which can decree them ample reparation. At the fame time, the neceffity of applying for a court of honour affords time for paffion to fubfide, and for friends to bring about a reconciliation. out, out, and to repeople the country with better men. Egypt has for many ages been in the fame languid and fervile ftate. An Arabian author, who wrote the hiftory of the great Saladin, observes, that the Egyptians never thought of supporting the monarch in poffeffion, but tamely fubmitted to every conqueror. "It was," fays he, "the custom in Egypt at that time to de"liver to the victor the enfigns of royal ty, without ever thinking of inquiring "into his title." What better than a flock of sheep, obedient to the call of the prefent fhepherd! I fly from a scene so dismal to one that will give no pain. Light is intended by our Maker for action, and darkness for reft. In the fourteenth century, the shops in Paris were opened at four in the morning: at present, a fhopkeeper is scarce awake at feven. The King of France dined at eight in the morning, and retired to his bed-chamber at the fame hour in the evening; an early hour at prefent for public amufements The Spaniards adhere Louis XII. of France after taking for his fecond wife Mary fifter to Henry VIII. of England, much under |