There is no one for spying on people's actions like those who are not concerned in them. . . . They will follow up such and such a man or woman for whole days; they will do sentry duty for hours at a time on the corners of the streets, under alley-way doors at night, in cold and rain; they will bribe errand-porters, they will make the drivers of hackney-coaches and lackeys tipsy, buy a waiting-maid, suborn a porter. Why? For no reason. A pure passion for seeing, knowing, and penetrating into things. A pure itch for talking. And often these secrets once known, these mysteries made public, these enigmas illuminated by the light of day, bring on catastrophies, duels, failures, the ruin of families, and broken lives, to the great joy of those who have "found out everything," without any interest in the matter, and by pure instinct. A sad thing.
"That is quite my opinion," said the gentleman; "nothing induces serious duels so much as a duel forsworn."
"And what was the result of those duels?"
"I have already fought three duels with him," said the Englishman, "the first with the pistol, the second with the sword, and the third with the sabre."
The eighth and largest group, which in its enormous numbers was to the others as ninety-nine to one, consisted of men who desired neither peace nor war, neither an advance nor a defensive camp at the Drissa or anywhere else, neither Barclay nor the Emperor, neither Pfuel nor Bennigsen, but only the one most essential thing--as much advantage and pleasure for themselves as possible. In the troubled waters of conflicting and intersecting intrigues that eddied about the Emperor's headquarters, it was possible to succeed in many ways unthinkable at other times. A man who simply wished to retain his lucrative post would today agree with Pfuel, tomorrow with his opponent, and the day after, merely to avoid responsibility or to please the Emperor, would declare that he had no opinion at all on the matter. Another who wished to gain some advantage would attract the Emperor's attention by loudly advocating the very thing the Emperor had hinted at the day before, and would dispute and shout at the council, beating his breast and challenging those who did not agree with him to duels, thereby proving that he was prepared to sacrifice himself for the common good. A third, in the absence of opponents, between two councils would simply solicit a special gratuity for his faithful services, well knowing that at that moment people would be too busy to refuse him. A fourth while seemingly overwhelmed with work would often come accidentally under the Emperor's eye. A fifth, to achieve his long-cherished aim of dining with the Emperor, would stubbornly insist on the correctness or falsity of some newly emerging opinion and for this object would produce arguments more or less forcible and correct.
"I am, at least, fearful of it. Napoleon, in the Island of Elba, is too near France, and his proximity keeps up the hopes of his partisans. Marseilles is filled with half-pay officers, who are daily, under one frivolous pretext or other, getting up quarrels with the royalists; from hence arise continual and fatal duels among the higher classes of persons, and assassinations in the lower."
"And I know he has fought two duels," said Morrel. "How can you reconcile that with his conduct this morning?"
Here there is great valour in the limbs whilst it fails in the head. Look attentively at the duels and the hand-to-hand combats, how superior the Italians are in strength, dexterity, and subtlety. But when it comes to armies they do not bear comparison, and this springs entirely from the insufficiency of the leaders, since those who are capable are not obedient, and each one seems to himself to know, there having never been any one so distinguished above the rest, either by valour or fortune, that others would yield to him. Hence it is that for so long a time, and during so much fighting in the past twenty years, whenever there has been an army wholly Italian, it has always given a poor account of itself; the first witness to this is Il Taro, afterwards Allesandria, Capua, Genoa, Vaila, Bologna, Mestri.(*)
When serenely advancing on one of these journeys, if any strange suspicious sights are seen, my lord whale keeps a wary eye on his interesting family. Should any unwarrantably pert young Leviathan coming that way, presume to draw confidentially close to one of the ladies, with what prodigious fury the Bashaw assails him, and chases him away! High times, indeed, if unprincipled young rakes like him are to be permitted to invade the sanctity of domestic bliss; though do what the Bashaw will, he cannot keep the most notorious Lothario out of his bed; for, alas! all fish bed in common. As ashore, the ladies often cause the most terrible duels among their rival admirers; just so with the whales, who sometimes come to deadly battle, and all for love. They fence with their long lower jaws, sometimes locking them together, and so striving for the supremacy like elks that warringly interweave their antlers. Not a few are captured having the deep scars of these encounters,--furrowed heads, broken teeth, scolloped fins; and in some instances, wrenched and dislocated mouths.
The duel between Pierre and Dolokhov was hushed up and, in spite of the Emperor's severity regarding duels at that time, neither the principals nor their seconds suffered for it. But the story of the duel, confirmed by Pierre's rupture with his wife, was the talk of society. Pierre who had been regarded with patronizing condescension when he was an illegitimate son, and petted and extolled when he was the best match in Russia, had sunk greatly in the esteem of society after his marriage-- when the marriageable daughters and their mothers had nothing to hope from him--especially as he did not know how, and did not wish, to court society's favor. Now he alone was blamed for what had happened, he was said to be insanely jealous and subject like his father to fits of bloodthirsty rage. And when after Pierre's departure Helene returned to Petersburg, she was received by all her acquaintances not only cordially, but even with a shade of deference due to her misfortune. When conversation turned on her husband Helene assumed a dignified expression, which with characteristic tact she had acquired though she did not understand its significance. This expression suggested that she had resolved to endure her troubles uncomplainingly and that her husband was a cross laid upon her by God. Prince Vasili expressed his opinion more openly. He shrugged his shoulders when Pierre was mentioned and, pointing to his forehead, remarked:
I waited for an opportunity and succeeded in insulting my "rival" in the presence of a large company. I insulted him on a perfectly extraneous pretext, jeering at his opinion upon an important public event--it was in the year 1826(5)--and my jeer was, so people said, clever and effective. Then I forced him to ask for an explanation, and behaved so rudely that he accepted my challenge in spite of the vast inequality between us, as I was younger, a person of no consequence, and of inferior rank. I learned afterwards for a fact that it was from a jealous feeling on his side also that my challenge was accepted; he had been rather jealous of me on his wife's account before their marriage; he fancied now that if he submitted to be insulted by me and refused to accept my challenge, and if she heard of it, she might begin to despise him and waver in her love for him. I soon found a second in a comrade, an ensign of our regiment. In those days though duels were severely punished, yet dueling was a kind of fashion among the officers--so strong and deeply rooted will a brutal prejudice sometimes be.
"I don't think they often kill each other at duels."
"You know my theory regarding duels; I told you my opinion on that subject, if you remember, when we were at Rome."
There is no one for spying on people's actions like those who are not concerned in them. Why does that gentleman never come except at nightfall? Why does Mr. So-and-So never hang his key on its nail on Tuesday? Why does he always take the narrow streets? Why does Madame always descend from her hackney-coach before reaching her house? Why does she send out to purchase six sheets of note paper, when she has a "whole stationer's shop full of it?" etc. There exist beings who, for the sake of obtaining the key to these enigmas, which are, moreover, of no consequence whatever to them, spend more money, waste more time, take more trouble, than would be required for ten good actions, and that gratuitously, for their own pleasure, without receiving any other payment for their curiosity than curiosity. They will follow up such and such a man or woman for whole days; they will do sentry duty for hours at a time on the corners of the streets, under alley-way doors at night, in cold and rain; they will bribe errand-porters, they will make the drivers of hackney-coaches and lackeys tipsy, buy a waiting-maid, suborn a porter. Why? For no reason. A pure passion for seeing, knowing, and penetrating into things. A pure itch for talking. And often these secrets once known, these mysteries made public, these enigmas illuminated by the light of day, bring on catastrophies, duels, failures, the ruin of families, and broken lives, to the great joy of those who have "found out everything," without any interest in the matter, and by pure instinct. A sad thing.
Then began the questions, which were similar to those which had been addressed to the Abbe Busoni. But as Lord Wilmore, in the character of the count's enemy, was less restrained in his answers, they were more numerous; he described the youth of Monte Cristo, who he said, at ten years of age, entered the service of one of the petty sovereigns of India who make war on the English. It was there Wilmore had first met him and fought against him; and in that war Zaccone had been taken prisoner, sent to England, and consigned to the hulks, whence he had escaped by swimming. Then began his travels, his duels, his caprices; then the insurrection in Greece broke out, and he had served in the Grecian ranks. While in that service he had discovered a silver mine in the mountains of Thessaly, but he had been careful to conceal it from every one. After the battle of Navarino, when the Greek government was consolidated, he asked of King Otho a mining grant for that district, which was given him. Hence that immense fortune, which, in Lord Wilmore's opinion, possibly amounted to one or two millions per annum,--a precarious fortune, which might be momentarily lost by the failure of the mine.
"I had a small pocket pistol. I had procured it while still a boy, at that droll age when the stories of duels and highwaymen begin to delight one, and when one imagines oneself nobly standing fire at some future day, in a duel.
The duel, which in a barbarous age may be excused as "a sort of wild justice," was condemned by Bacon as "a direct affront of law and tending to the dissolution of magistracy." It survived in more civilized times as a class distinction and as an ultimate court of appeal to punish violations of the social code. In a democratic age and under a settled government it is doomed to extinction. The military duels of the European continent, and the so-called American duel, where the lot decides which of the two parties shall end his life, are singular survivals. For real offences against reputation law will provide a sufficient remedy The learned professions will have each its own tribunal to which its members are amenable. Social stigma is at once a surer and a juster defence against conduct unworthy of a gentleman. Yet the duel dies hard, and even to-day it is approved or palliated by some notable publicists and professors in France and Germany. M.H. Marion (_La Grande Encyclopédie_), in an article strongly condemnatory of duels, still holds that the wrongdoer is bound to accept a challenge, though he may not take the offensive, and further allows that obligatory duels may be the only way of evoking a sense of honour and of maintaining discipline in the army. Dr Paulsen goes much further, and not only defends the duels of university students (_Mensuren_) as an encouragement of physical exercise, a proof of courage and a protest of worth against wealth, but maintains generally that the duel should be retained as an expedient in those exceptional cases when a man cannot bring himself to drag before a law court the outrage done to his personal honour. But in such cases Dr Paulsen would have the courts hold the injured person scathless, whether he be challenger or challenged, and visit the aggressor with condign punishment. Entry: DUEL
His poems, published in 1665 (reprinted and edited by J. Churton Collins in 1881), show him in general a faithful disciple of Donne, obscure and uncouth. His satires are miserable compositions, but a few of his lyrical verses show power of reflection and true inspiration, while his use of the metre afterwards employed by Tennyson in his "In Memoriam" is particularly happy and effective. His Latin poems are evidence of his scholarship. Three of these had appeared together with the _De causis errorum_ in 1645. To these works must be added _A Dialogue between a Tutor and a Pupil_ (1768; a treatise on education, MS. in the Bodleian Library); a treatise on the king's supremacy in the Church (MS. in the Record Office and at Queen's College, Oxford), and his well-known autobiography, first published by Horace Walpole in 1764, a naïve and amusing narrative, too much occupied, however, with his duels and amorous adventures, to the exclusion of more creditable incidents in his career, such as his contributions to philosophy and history, his intimacy with Donne, Ben Jonson, Selden and Carew, Casaubon, Gassendi and Grotius, or his embassy in France, in relation to which he only described the splendour of his retinue and his social triumphs. Entry: HERBERT
Richelieu, therefore, passed his time in safeguarding himself from his rivals and in spying upon them; his suspicious nature, rendered still more irritable by his painful practice of a dissimulation repugnant to his headstrong character, making him fancy himself threatened more than was actually the case. He brutally suppressed six great plots, several of which were scandalous, and had more than fifty persons executed; and he identified himself with the king, sincerely believing that he was maintaining the royal authority and not merely his own. He had a preference for irregular measures rather than legal prosecutions, and a jealousy of all opinions save his own. He maintained his power through the fear of torture and of special commissions. It was Louis XIII. whose cold decree ordained most of the rigorous sentences, but the stain of blood rested on the cardinal's robe and made his reasons of state pass for private vengeance. Chalais was beheaded at Nantes in 1626 for having upheld Gaston of Orleans in his refusal to wed Mademoiselle de Montpensier, and Marshal d'Ornano died at Vincennes for having given him bad advice in this matter; while the duellist de Boutteville was put to the torture for having braved the edict against duels. The royal family itself was not free from his attacks; after the Day of Dupes (1630) he allowed the queen-mother to die in exile, and publicly dishonoured the king's brother Gaston of Orleans by the publication of his confessions; Marshal de Marillac was put to the torture for his ingratitude, and the constable de Montmorency for rebellion (1632). The birth of Louis XIV. in 1638 confirmed Richelieu in power. However, at the point of death he roused himself to order the execution of the king's favourite, Cinq-Mars, and his friend de Thou, guilty of treason with Spain (1642). Entry: A
In the succeeding reign the mania for duels revived. Rostand's _Cyrano_ is a life-like modern portraiture of French bloods in the first half of the 17th century. De Houssaye tells us that in Paris when friends met the first question was, "Who fought yesterday? who is to fight to-day?" They fought by night and day, by moonlight and by torch-light, in the public streets and squares. A hasty word, a misconceived gesture, a question about the colour of a riband or an embroidered letter, such were the commonest pretexts for a duel. The slighter and more frivolous the dispute, the less were they inclined to submit them to the king for adjudication. Often, like gladiators or prize-fighters, they fought for the pure love of fighting. A misunderstanding is cleared up on the ground. "N'importe," cry the principals, "puisque nous sommes ici, battons-nous." Seconds, as Montaigne tells us, are no longer witnesses, but must take part themselves unless they would be thought wanting in affection or courage; and he goes on to complain that men are no longer contented with a single second, "c'était anciennement des duels, ce sont à cette heure rencontres et batailles." There is no more striking instance of Richelieu's firmness and power as a statesman than his conduct in the matter of duelling. In his _Testament politique_ he has assigned his reasons for disapproving it as a statesman and ecclesiastic. But this disapproval was turned to active detestation by a private cause. His elder brother, the head of the house, had fallen in a duel stabbed to the heart by an enemy of the cardinal. Already four edicts had been published under Louis XIII. with little or no effect, when in 1626 there was published a new edict condemning to death any one who had killed his adversary in a duel, or had been found guilty of sending a challenge a second time. Banishment and partial confiscation of goods were awarded for lesser offences. But this edict differed from preceding ones not so much in its severity as in the fact that it was the first which was actually enforced. The cardinal began by imposing the penalties of banishment and fines, but, these proving ineffectual to stay the evil, he determined to make a terrible example. To quote his own words to the king, "Il s'agit de couper la gorge aux duels ou aux édits de votre Majesté." The count de Boutteville, a renommist who had already been engaged in twenty-one affairs of honour, determined out of pure bravado to fight a twenty-second time. The duel took place at midday on the Place Royale. Boutteville was arrested with his second, the count de Chapelles; they were tried by the parlement of Paris, condemned and, in spite of all the influence of the powerful house of Montmorenci, of which de Boutteville was a branch, they were both beheaded on the 21st of June 1627. For a short time the ardour of duellists was cooled. But the lesson soon lost its effect. Only five years later we read in the _Mercure de France_ that two gentlemen who had killed one another in a duel were, by the cardinal's orders, hanged on a gallows, stripped and with their heads downwards, in the sight of all the people. This was a move in the right direction, since, for fashionable vices, ridicule and ignominy is a more drastic remedy than death. It was on this principle that Caraccioli, prince of Melfi, when viceroy of Piedmont, finding that his officers were being decimated by duelling, proclaimed that all duels should be fought on the parapet of the Ponte Vecchio, and if one of the combatants chanced to fall into the river he should on no account be pulled out. Entry: DUEL
Any formal discussion of the morality of duelling is, in England at least, happily superfluous. No fashionable vice has been so unanimously condemned both by moralists and divines, and in tracing its history we are reminded of the words of Tacitus, "in civitate nostra et vetabitur semper et retinebitur." Some, however, of the problems, moral and social, which it suggests may be shortly noticed. That duelling flourished so long in England the law is, perhaps, as much to blame as society. It was doubtless from the fact that duels were at first a form of legal procedure that English law has refused to take cognizance of private duels. A duel in the eye of the law differs nothing from an ordinary murder. The greatest English legal authorities, from the time of Elizabeth downwards, such as Coke, Bacon and Hale, have all distinctly affirmed this interpretation of the law. But here as elsewhere the severity of the penalty defeated its own object. The public conscience revolted against a Draconian code which made no distinction between wilful murder and a deadly combat wherein each party consented to his own death or submitted to the risk of it. No jury could be found to convict when conviction involved in the same penalty a Fox or a Pitt and a Turpin or a Brownrigg. Such, however, was the conservatism of English publicists that Bentham was the first to point out clearly this defect of the law, and propose a remedy. In his _Introduction to the Principles of Morals and Legislation_, published in 1789, Bentham discusses the subject with his usual boldness and logical precision. In his exposition of the absurdity of duelling considered as a branch of penal justice, and its inefficiency as a punishment, he only restates in a clearer form the arguments of Paley. So far there is nothing novel in his treatment of the subject. But he soon parts company with the Christian moralist, and proceeds to show that duelling does, however rudely and imperfectly, correct and repress a real social evil. "It entirely effaces a blot which an insult imprints upon the honour. Vulgar moralists, by condemning public opinion upon this point, only confirm the fact." He then points out the true remedy for the evil. It is to extend the same legal protection to offences against honour as to offences against the person. The legal satisfactions which he suggests are some of them extremely grotesque. Thus for an insult to a woman, the man is to be dressed in a woman's clothes, and the retort to be inflicted by the hand of a woman. But the principle indicated is a sound one, that in offences against honour the punishment must be analogous to the injury. Doubtless, if Bentham were now alive, he would allow that the necessity for such a scheme of legislation had in a great measure passed away. That duels have since become extinct is no doubt principally owing to social changes, but it may be in part ascribed to improvements in legal remedies in the sense which Bentham indicated. A notable instance is Lord Campbell's Act of 1843, by which, in the case of a newspaper libel, a public apology coupled with a pecuniary payment is allowed to bar a plea. In the Indian Code there are special enactments concerning duelling, which is punishable not as murder but as homicide. Entry: DUEL
The year 1808 is memorable in the annals of duelling in England. Major Campbell was sentenced to death and executed for killing Captain Boyd in a duel. In this case it is true that there was a suspicion of foul play; but in the case of Lieutenant Blundell, who was killed in a duel in 1813, though all had been conducted with perfect fairness, the surviving principal and the seconds were all convicted of murder and sentenced to death, and, although the royal pardon was obtained, they were all cashiered. The next important date is the year 1843, when public attention was painfully called to the subject by a duel in which Colonel Fawcett was shot by his brother-in-law, Lieutenant Monro. The survivor, whose career was thereby blasted, had, it was well known, gone out most reluctantly, in obedience to the then prevailing military code. A full account of the steps taken by the prince consort, and of the correspondence which passed between him and the duke of Wellington, will be found in the _Life of the Prince_ by Sir Theodore Martin. The duke, unfortunately, was not an unprejudiced counsellor. Not only had he been out himself, but, in writing to Lord Londonderry on the occasion of the duel between the marquess and Ensign Battier in 1824, he had gone so far as to state that he considered the probability of the Hussars having to fight a duel or two a matter of no consequence. In the previous year there had been formed in London the association for the suppression of duelling. It included leading members of both houses of parliament and distinguished officers of both services. The first report, issued in 1844, gives a memorial of the association presented to Queen Victoria through Sir James Graham, and in a debate in the House of Commons (15th of March 1844) Sir H. Hardinge, the secretary of war, announced to the House that Her Majesty had expressed herself desirous of devising some expedient by which the barbarous practice of duelling should be as much as possible discouraged. In the same debate Mr Turner reckoned the number of duels fought during the reign of George III. at 172, of which 91 had been attended with fatal results; yet in only two of these cases had the punishment of death been inflicted. But though the proposal of the prince consort to establish courts of honour met with no favour, yet it led to an important amendment of the articles of war (April 1844). The 98th article ordains that "every person who shall fight or promote a duel, or take any steps thereto, or who shall not do his best to prevent duel, shall, if an officer, be cashiered, or suffer such other penalty as a general court-martial may award." These articles, with a few verbal changes, were incorporated in the consolidated Army Act of 1879 (section 38), which is still in force. Entry: DUEL