The Duel

Justifiable Homicide?: The State Against Dueling

All The Young Dudes

And finally, the court shewing a firm and settled resolution to proceed with all severity against these duels, gave warning to all young noblemen and gentlemen, that they should not expect the like connivance or toleration as formerly have been, but that justice should have a full passage without protection or interruption. Adding, that after a strait inhibition, whosoever should attempt a challenge or combat, in case where the other party was restrained to answer him, as now all good subjects are, did by their own principles receive the dishonour and disgrace upon himself.

—from The Decree Of The Star-Chamber Against Duels. The Star-Chamber was a supplemental but very powerful English court populated by Privy Councilors as well as common-law judges. The Star-Chamber was given the particular charge of upholding the law in cases concerning the nobility and personages of distinction. This particular verdict was reached after a suit was brought to court by the philosopher and lawyer, Francis Bacon. The entirety of Bacon’s charge is contained at the end of this section.

As The World Turns: Part I

The Richard, Ford, from Liverpool to Riga, is totally lost on the Rocks of Fern, a little to the Southward of the Isle of Skye, on the Coast of Scotland; the People were saved.

The Naval Force in the West Indies is to be reinforced by one 50 Gun Ship and three Frigates, which are now getting ready.

The Sally, Burton, from Jamaica and South Carolina, is put into Gosport, having lost her Main Mast, and received other considerable Damage.

Last Week a Remittance was made from Copenhagen to the Bank of £12,000. for the Use of the Queen of Denmark: The Allowance is always sent here, from whence it is remitted to Zell, according to Agreement, and is punctually paid half-yearly.

According to recent Letters from Gibraltar, we hear that all the Barbary Powers are fitting out Ships to join the Emperor of Morocco, from which, and the Dispositions of their Land Forces, the Dispute between the Spaniards and the Moors is not likely to be terminated speedily.

Yesterday a Dispensation passed the Great Seal to the Rev. John Courtail, M.A. Chaplain to Earl Cornwallis, enabling him to hold the Vicarage of Burwash, in Sussex, together with the Rectory of Woodchurch, in Kent, worth £500. per Ann.

On Thursday the University of Oxford conferred the Degree of Doctor of Laws by Diploma, on Mr. Samuel Johnson.

By authentic Letter from Paris we are assured, that Captain H—n, an English young Gentleman of Family and Fortune, who has lived in the Bon Ton at that Metropolis for some Time past, unluckily falling into a Dispute with two Officers of the Black Musquetaires, a Rencounter the next Day happened near St. Cloud, when Captain H—killed his Antagonist upon the Spot, and his Second wounded his Man in a dangerous Manner. Mr .. H—was soon after taken, and sent to the Conciergerie, and notwithstanding the English Resident and many of the Nobility have exerted their Interest in his Favour, we hear the French King is inexorable, and determined to shew no Mercy to Duellists, however distinguished by Rank or Fortune.

A few Mornings since a Duel was fought in Hyde Park between Capt. W—r N—t, and Mr. S—, in Consequence of a Dispute which happened the Evening before at the Bedford Coffee-House. The Captain arrived first in the Park, and Mr. S—coming soon after apologised for having made him wait, and desired him to choose his Ground. “Take as many, or as few Strides as you please, my Dear, said the Captain, and fix your Spot; but I shall stand just where I am.” Mr. S—soon after fired at the, Captain, and supposing his Ball had not taken Place, requested his Antagonist to discharge in his Turn, which he immediately did in the Air, and called upon S—to fire again, but the other penetrated with this Act of Generosity refused, and by the Interposition of the Seconds the Parties shook Hands. Mr. S—then expressed his Surprise, as he had been generally thought S good Marksman, that he should miss the Captain, especially as they stood so near. “O ! for that Matter, returned the latter, you need not be concerned, I have got your Ball here in my Hip,” and immediately shewed the Wound, from whence it was soon after extracted by a Surgeon, and this gallant Officer is in a fair Way of Recovery.

A Letter received Yesterday from Maidstone, mentions, that Mr. Baron Perrott has recovered his Speech, and the Use of one of his Arms, and is expected in Town next Week.

Yesterday Morning a Jew was found dead in his Bed at his Lodgings in Moorfields; on examining him it appeared a Bullet had entered his Body between the Shoulders, from whence it is imagined he had been that in attempting to break open some House; a Number of Pick-lock Keys, a Tinder-Box, and all the Apparatus compleat for that Profession, were found in his Apartment.

Married. Thursday last, at Streatham, Mr. Jesse Gibson, Surveyor, of America Square, to Miss Weston, of Tooting, in Surry.

—from the April 1^st, 1775 St. James Chronicle, Or The British Evening News. It might be somewhat inaccurate to characterize this news-bulletin as being “anti-dueling,” as the author is clearly possessed of a romantic attitude when it comes to the subject of dueling. It is amusing to note the juxtaposition of the French monarch’s harsh ban on dueling with the English newspaperman’s description of the dashing exploits of British officers, one of which was against a pair of French Musketeers. It is almost as though the journalist is portraying the monarch as a sore-loser. It is ironic that the English officer should have got the best of a series of these foreign soldiers, as the following year Louis the XVI disbanded the celebrated Musketeers, citing budgetary concerns.

Sign Of The Times

BOSTON, November, 28.

The five following Acts have been passed by the General Assembly of the Massachusetts Bay in New-England, at their Sesson on Adjournment at Boston, July 24^th, 1728, which His Excellency the Governour was pleased to give His Assent unto, viz-

An Act for Repealing An Act, Instituted, An Act for punishing and preventing of Duelling, and for making other provision instead thereof.

An Act more Effectually to Secure the Duty on the Importation of Negros.

An Act for the Encouragement of Making Paper.

An Act for Regulating the Ferry between Bristol & Rhode Island.

An Act for Altering the Time for Holding the Court of General Sessions of the Peace, and Inferior Court of Common Pleas within the Counties of Essex, Middlesex and Plymouth.

—Announcement from The Boston News-Letter, November 28^th, 1728. It is worth noting that the law against dueling cited in the piece is being revised in order to offer alternative provisions for duelists. One of the difficulties faced by anti-dueling advocates was the accepted status dueling and “points of honor” enjoyed at the time.

As the World Turns—Part II

Paris, Jan. 12, N.S. The Earl Stanhope arrived here the 9^th Instant from Great Britain, and waited on the Regent, who received him in such a manner as evidently shewed his great Regard for His Britannick Majesty, and that his Lordships Person and Negotiation in which he is employed, are very acceptable to him. His Lordship has had several Conferences with his Royal Highness, and the Abbot Dubois, Secretary of State, and intends to return in 3 or 4 Days. An Express from America brings Advice that the Spaniards in August last, having retaken Penzacola on the Coast of Florida, which had been taken from them by the French, the latter possessed it again in October last, taking Five Spanish Merchant Ships in that Port.

Hague, Jan. 12, N.S. The States of Holland and West Friesland, have resolved that the States General should be moved to come to a determination, that unless the Grievances of the Protestants in the Palatinate and other places, under the Dominion of Roman Catholick Princes, are redressed within a time to be prefixt, all the Jesuits and others of the Regular Romish Clergy, shall be banish’d out of the Territories of this Republick, and that if within a further Term to be agreed upon, no Redress is obtained for the Protestants, all the Secular Polish Clergy shall be likewise banished, and their Churches shall be shut up, and this Proposal was accordingly made this Day to the States General who have taken it into Consideration.

Whitehall, Jan. 15. The Earl of Stanhope left Paris the 9^th Instant I the Evening & Embarked at Calis the 13^th at Night; and having Landed the next Morning at Deal, returned hither this Day.

Berne, Jan. 17. The State for preventing private Quarrels, have made a severe Law, against Dueling, and whoever shall deliver a Challenge to another, or give a blow, though in his own Defence, shall for the first fault be imprisoned a Year, the second be for ever banished the Canton. The Party aggrieved by a blow or any Injurious terms, to make his Complaint to the Council, who will order Satisfaction for the Affront. The Canton of Schaffhausen has received a favourable resolution from the Court of Vienna, as to the Differences between that Canton and the Regency of Nellenbourg, which they gratefully acknowledge the good Offices of His Britannick Majesty therein at the Court of Vienna.

ADVERTISEMENTS

A Certain Person has lost in Boston a Silver Picktooth Case, with a Cypher Engraved on one End, whoever will bring it to John Campbell in Corn-hill, Boston, so as the true owner may have it again, shall be well rewarded.

—from The Boston News-Letter, May 18^th 1720. It is worth noting that a regional ban on dueling is reported alongside major world news, in a sense, demonstrating the proliferation of the act itself. The personal ad concerning the lost cypher inscribed picktooth (synonym for toothpick) case is included merely for entertainment. It has no bearing on the history of dueling.

The Anti-Duel Lobby

And do, by our signatures hereunto annexed, solemnly pledge ourselves to each other, not to vote at any Election for any man, who, from current fame, or our own private conviction, we shall believe to have sent, accepted, or carried a Challenge to fight a Duel; or to have been in any wise concerned in promoting a Duel, or acting as Second or Surgeon therein, after the date hereof.

“For the better attaining the object of this Association, the affairs thereof shall be conducted by a Committee of—; with a President, Vice-President, Treasurer and Secretary, chosen by themselves out of their own number.—members shall form a quorum.

—from the 1809 announcement of the formation of The Anti-Duelling Association of New York, which was issued in a collection of anti-dueling sermons and tracts by Lyman Beecher (1775–1863). Beecher was a politically progressive Presbyterian minister and father of thirteen children, most notably the writer, Harriet Beecher Stowe. The blank dashes above served as placeholders. This was a form for branches of the Association to use when starting their groups.