diff options
Diffstat (limited to 'old/cduel10.txt')
| -rw-r--r-- | old/cduel10.txt | 1073 |
1 files changed, 1073 insertions, 0 deletions
diff --git a/old/cduel10.txt b/old/cduel10.txt new file mode 100644 index 0000000..7c8198c --- /dev/null +++ b/old/cduel10.txt @@ -0,0 +1,1073 @@ +The Project Gutenberg EBook of The Code of Honor, by John Lyde Wilson + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: The Code of Honor + +Author: John Lyde Wilson + +Release Date: July, 2004 [EBook #6085] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on November 3, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK, THE CODE OF HONOR *** + + + + +This eBook was created by Holly Ingraham + +Summary: Originally this was published by the author (1784-1849), a +former governor of South Carolina, as a 22-page booklet, in 1838. +Before his death he added an appendix of the 1777 Irish duelling code, +but this second edition was not printed until 1858, as a 46-page small +book, still sized to fit in the case with one's duelling pistols. This +code is far less blood-thirsty than many might suppose, but built on a +closed social caste and standards of behavior quite alien to today. + +Transcriber's Note: In the appendix the term "rencontre" is used. In +British law (then covering Ireland) this refers to an immediate fight +in the heat of offense. A duel would be undertaken in "cold blood" if +not cool temper. Killing a man in a rencontre counted as manslaughter; +in a duel, as murder. + +On more than one occasion, the author refers to "posting" an offender. +This refers to posting to the public a notice as to his behavior in +some central club or business spot frequented by all men of that level +of society; exactly where varied from town to town. It was the +ultimate sanction, making the challengee's refusal to either apologize +or fight a public stain upon his character. + +THE CODE OF HONOR; +or +RULES FOR THE GOVERNMENT +of +PRINCIPALS AND SECONDS +in +DUELLING + +by John Lyde Wilson + +TO THE PUBLIC + +The man who adds in any way to the sum of human happiness is strictly +in the discharge of a moral duty. When Howard visited the victims of +crime and licentiousness, to reform their habits and ameliorate their +condition, the question was never asked whether he had been guilty of +like excesses or not? The only question the philanthropist would +propound, should be, has the deed been done in the true spirit of +Christian benevolence? Those who know me, can well attest the motive +which has caused the publication of the following sheets, to which +they for a long time urged me in vain. Those who do not know me, have +no right to impute a wrong motive; and if they do, I had rather be the +object, than the authors of condemnation. To publish a CODE OF HONOR, +to govern in cases of individual combat, might seem to imply, that the +publisher was an advocate of duelling, and wished to introduce it as +the proper mode of deciding all personal difficulties and +misunderstandings. Such implication would do me great injustice. But +if the question be directly put to me, whether there are not cases +where duels are right and proper, I would unhesitatingly answer, there +are. If an oppressed nation has a right to appeal to arms in defence +of its liberty and the happiness of its people, there can be no +argument used in support of such appeal, which will not apply with +equal force to individuals. How many cases are there, that might be +enumerated, where there is no tribunal to do justice to an oppressed +and deeply wronged individual? If he be subjected to a tame submission +to insult and disgrace, where no power can shield him from its +effects, then indeed it would seem, that the first law of nature, +self-preservation, points out the only remedy for his wrongs. The +history of all animated nature exhibits a determined resistance to +encroachments upon natural rights,--nay, I might add, inanimate +nature, for it also exhibits a continual warfare for supremacy. Plants +of the same kind, as well as trees, do not stop their vigorous growth +because they overshadow their kind; but, on the contrary, flourish +with greater vigor as the more weak and delicate decline and die. +Those of different species are at perpetual warfare. The sweetest rose +tree will sicken and waste on the near approach of the noxious +bramble, and the most promising fields of wheat yield a miserable +harvest if choked up with tares and thistles. The elements themselves +war together, and the angels of heaven have met in fierce encounter. +The principle of self-preservation is co-extensive with creation; and +when by education we make character and moral worth a part of +ourselves, we guard these possessions with more watchful zeal than +life itself, and would go farther for their protection. When one finds +himself avoided in society, his friends shunning his approach, his +substance wasting, his wife and children in want around him, and +traces all his misfortunes and misery to the slanderous tongue of the +calumniator, who, by secret whisper or artful innuendo, has sapped and +undermined his reputation, he must be more or less than man to submit +in silence. + +The indiscriminate and frequent appeal to arms, to settle trivial +disputes and misunderstandings, cannot be too severely censured and +deprecated. I am no advocate of such duelling. But in cases where the +laws of the country give no redress for injuries received, where +public opinion not only authorizes, but enjoins resistance, it is +needless and a waste of time to denounce the practice. It will be +persisted in as long as a manly independence, and a lofty personal +pride in all that dignifies and ennobles the human character, shall +continue to exist. If a man be smote on one cheek in public, and he +turns the other, which is also smitten, and he offers no resistance, +but blesses him that so despitefully used him, I am aware that he is +in the exercise of great Christian forbearance, highly recommended and +enjoined by many very good men, but utterly repugnant to those +feelings which nature and education have implanted in the human +character. If it was possible to enact laws so severe and impossible +to be evaded, as to enforce such rule of behavior, all that is +honorable in the community would quit the country and inhabit the +wilderness with the Indians. If such a course of conduct was infused +by education into the minds of our youth, and it became praiseworthy +and honorable to a man to submit to insult and indignity, then indeed +the forbearance might be borne without disgrace. Those, therefore, who +condemn all who do not denounce duelling in every case, should +establish schools where a passive submission to force would be the +exercise of a commendable virtue. I have not the least doubt, that if +I had been educated in such a school, and lived in such a society, I +would have proved a very good member of it. But I much doubt, if a +seminary of learning was established, where this Christian forbearance +was inculcated and enforced, whether there would be many scholars. + +I would not wish to be understood to say, that I do not desire to see +duelling to cease to exist entirely, in society. But my plan for doing +it away, is essentially different from the one which teaches a passive +forbearance to insult and indignity. I would inculcate in the rising +generation a spirit of lofty independence; I would have them taught +that nothing was more derogatory to the honor of a gentleman, than to +wound the feelings of any one, however humble. That if wrong be done +to another, it was more an act of heroism and bravery to repair the +injury, than to persist in error, and enter into mortal combat with +the injured party. This would be an aggravation of that which was +already odious, and would put him without the pale of all decent +society and honorable men. I would strongly inculcate the propriety of +being tender of the feelings, as well as the failings, of those around +him. I would teach immutable integrity, and uniform urbanity of +manners. Scrupulously to guard individual honor, by a high personal +self respect, and the practice of every commendable virtue. Once let +such a system of education be universal, and we should seldom hear, if +ever, of any more duelling. + +The severest penal enactments cannot restrain the practice of +duelling, and their extreme severity in this State, the more +effectually shields the offenders. The teaching and preaching of our +eloquent Clergy, may do some service, but is wholly inadequate to +suppress it. Under these circumstances, the following rules are given +to the public, and if I can save the life of one useful member of +society, I will be compensated. I have restored to the bosoms of many, +their sons, by my timely interference, who are ignorant of the misery +I have averted from them. I believe that nine duels out of ten, if not +ninety-nine out of a hundred, originate in the want of experience in +the seconds. A book of authority, to which they can refer in matters +where they are uninformed, will therefore be a desideratum. How far +this code will be that book, the public will decide. + +THE AUTHOR + +_____________________ + +RULES for Principals and Seconds in Duelling. +_____________________ + +CHAPTER I. +The Person Insulted, Before Challenge Sent + +1. Whenever you believe that you are insulted, if the insult be in +public and by words or behavior, never resent it there, if you have +self-command enough to avoid noticing it. If resented there, you offer +an indignity to the company, which you should not. + +2. If the insult be by blows or any personal indignity, it may be +resented at the moment, for the insult to the company did not +originate with you. But although resented at the moment, you are bound +still to have satisfaction, and must therefore make the demand. + +3. When you believe yourself aggrieved, be silent on the subject, +speak to no one about the matter, and see your friend, who is to act +for you, as soon as possible. + +4. Never send a challenge in the first instance, for that precludes +all negotiation. Let your note be in the language of a gentleman, and +let the subject matter of complaint be truly and fairly set forth, +cautiously avoiding attributing to the adverse party any improper +motive. + +5. When your second is in full possession of the facts, leave the +whole matter to his judgment, and avoid any consultation with him +unless he seeks it. He has the custody of your honor, and by obeying +him you cannot be compromitted. + +6. Let the time of demand upon your adversary after the insult, be as +short as possible, for he has the right to double that time in +replying to you, unless you give him some good reason for your delay. +Each party is entitled to reasonable time, to make the necessary +domestic arrangements, by will or otherwise, before fighting. + +7. To a written communication you are entitled to a written reply, and +it is the business of your friend to require it. + +Second's Duty Before Challenge Sent. + +1. Whenever you are applied to by a friend to act as his second, +before you agree to do so, state distinctly to your principal that you +will be governed only by your own judgment,--that he will not be +consulted after you are in full possession of the facts, unless it +becomes necessary to make or accept the amende honorable, or send a +challenge. You are supposed to be cool and collected, and your +friend's feelings are more or less irritated. + +2. Use every effort to soothe and tranquilize your principal; do not +see things in the same aggravated light in which he views them; +extenuate the conduct of his adversary whenever you see clearly an +opportunity to do so, without doing violence to your friend's +irritated mind. Endeavor to persuade him that there must have been +some misunderstanding in the matter. Check him if he uses opprobious +epithet towards his adversary, and never permit improper or insulting +words in the note you carry. + +3. To the note you carry in writing to the party complained of, you +are entitled to a written answer, which will be directed to your +principal and will be delivered to you by his adversary's friend. If +this be not written in the style of a gentleman, refuse to receive it, +and assign your reason for such refusal. If there be a question made +as to the character of the note, require the second presenting it to +you, who considers it respectful, to endorse upon it these words: "I +consider the note of my friend respectful, and would not have been the +bearer of it, if I believed otherwise." + +4. If the party called on, refuses to receive the note you bear, you +are entitled to demand a reason for such refusal. If he refuses to +give you any reason, and persists in such refusal, he treats, not only +your friend, but yourself, with indignity, and you must then make +yourself the actor, by sending a respectful note, requiring a proper +explanation of the course he has pursued towards you and your friend; +and if he still adheres to his determination, you are to challenge or +post him. + +5. If the person to whom you deliver the note of your friend, declines +meeting him on the ground of inequality, you are bound to tender +yourself in his stead, by a note directed to him from yourself; and if +he refuses to meet you, you are to post him. + +6. In all cases of the substitution of the second for the principal, +the seconds should interpose and adjust the matter, if the party +substituting avows he does not make the quarrel of his principal his +own. The true reason for substitution, is the supposed insult of +imputing to you the like inequality which if charged upon your friend, +and when the contrary is declared, there should be no fight, for +individuals may well differ in their estimate of an individual's +character and standing in society. In case of substitution and a +satisfactory arrangement, you are then to inform your friend of all +the facts, whose duty it will be to post in person. + +7. If the party, to whom you present a note, employ a son, father or +brother, as a second, you may decline acting with either on the ground +of consanguinity. + +8. If a minor wishes you to take a note to an adult, decline doing so, +on the ground of his minority. But if the adult complained of, had +made a companion of the minor in society, you may bear the note. + +9. When an accommodation is tendered, never require too much; and if +the party offering the amende honorable, wishes to give a reason for +his conduct in the matter, do not, unless offensive to your friend, +refuse to receive it; by so doing you may heal the breach more +effectually. + +10. If a stranger wishes you to bear a note for him, be well satisfied +before you do so, that he is on an equality with you; and in +presenting the note state to the party the relationship you stand +towards him, and what you know and believe about him; for strangers +are entitled to redress for wrongs, as well as others, and the rules +of honor and hospitality should protect him. + +CHAPTER II. +The Party Receiving a Note Before Challenge. + +1. When a note is presented to you by an equal, receive it, and read +it, although you may suppose it to be from one you do not intend to +meet, because its requisites may be of a character which may readily +be complied with. But if the requirements of a note cannot be acceded +to, return it, through the medium of your friend, to the person who +handed it to you, with your reason for returning it. + +2. If the note received be in abusive terms, object to its reception, +and return it for that reason; but if it be respectful, return an +answer of the same character, in which respond correctly and openly to +all interrogatories fairly propounded, and hand it to your friend, +who, it is presumed, you have consulted, and who has advised the +answer; direct it to the opposite party, and let it be delivered to +his friend. + +3. You may refuse to receive a note, from a minor, (if you have not +made an associate of him); one that has been posted; one that has been +publicly disgraced without resenting it; one whose occupation is +unlawful; a man in his dotage and a lunatic. There may be other cases, +but the character of those enumerated will lead to a correct decision +upon those omitted. + +If you receive a note from a stranger, you have a right to a +reasonable time to ascertain his standing in society, unless he is +fully vouched for by his friend. + +4. If a party delays calling on you for a week or more, after the +supposed insult, and assigns no cause for the delay, if you require +it, you may double the time before you respond to him; for the wrong +cannot be considered aggravated; if borne patiently for some days, and +the time may have been used in preparation and practice. + +Second's Duty of the Party Receiving a Note Before Challenge Sent. + +1. When consulted by your friend, who has received a note requiring +explanation, inform him distinctly that he must be governed wholly by +you in the progress of the dispute. If he refuses, decline to act on +that ground. + +2. Use your utmost efforts to allay all excitement which your +principal may labor under; search diligently into the origin of the +misunderstanding; for gentlemen seldom insult each other, unless they +labor under some misapprehension or mistake; and when you have +discovered the original ground or error, follow each movement to the +time of sending the note, and harmony will be restored. + +3. When your principal refuses to do what you require of hi, decline +further acting on that ground, and inform the opposing second of your +withdrawal from the negotiation. + +CHAPTER III. +Duty of Challenger and His Second Before Fighting. + +1. After all efforts for a reconciliation are over, the party +aggrieved sends a challenge to his adversary, which is delivered to +his second. + +2. Upon the acceptance of the challenge, the seconds make the +necessary arrangements for the meeting, in which each party is +entitled to a perfect equality. The old notion that the party +challenged, was authorized to name the time, place, distance and +weapon, has been long since exploded; nor would a man of chivalric +honor use such a right, if he possessed it. The time must e as soon as +practicable, the place such as had ordinarily been used where the +parties are, the distance usual, and the weapons that which is most +generally used, which, in this State, is the pistol. + +3. If the challengee insist upon what is not usual in time, place, +distance and weapon, do not yield the point, and tender in writing +what is usual in each, and if he refuses to give satisfaction, then +your friend may post him. + +4. If your friend be determined to fight and not post, you have the +right to withdraw. But if you continue to act, and have the right to +tender a still more deadly distance and weapon, and he must accept. + +5. The usual distance is from ten to twenty paces, as may be agreed +on; and the seconds in measuring the ground, usually step three feet. + +6. After all the arrangements are made, the seconds determine the +giving of the word and position, by lot; and he who gains has the +choice of the one or the other, selects whether it be the word or the +position, but he cannot have both. + +CHAPTER IV. +Duty of Challengee and Second After Challenge Sent. + +1. The challengee has no option when negotiation has ceased, but to +accept the challenge. + +2. The second makes the necessary arrangements with the second of the +person challenging. The arrangements are detailed in the preceding +chapter. + +CHAPTER V. +Duty of Principals and Seconds on the Ground. + +1. The principals are to be respectful in meeting, and neither by look +or expression irritate each other. They are to be wholly passive, +being entirely under the guidance of their seconds. + +2. When once posted, they are not to quit their positions under any +circumstances, without leave or direction of their seconds. + +3. When the principals are posted, the second giving the word, must +tell them to stand firm until he repeats the giving of the word, in +the manner it will be given when the parties are at liberty to fire. + +4. Each second has a loaded pistol, in order to enforce a fair combat +according to the rules agreed on; and if a principal fires before the +word or time agreed on, he is at liberty to fire at him, and if such +second's principal fall, it is his duty to do so. + +5. If after a fire, either party be touched, the duel is to end; and +no second is excusable who permits a wounded friend to fight; and no +second who knows his duty, will permit his friend to fight a man +already hit. I am aware there have been many instances where a contest +has continued, not only after slight, but severe wounds, had been +received. In all such cases, I think the seconds are blamable. + +6. If after an exchange of shots, neither party be hit, it is the duty +of the second of the challengee, to approach the second of the +challenger and say: "Our friends have exchanged shots, are you +satisfied, or is there any cause why the contest should be continued?" +If the meeting be of no serious cause of complaint, where the party +complaining had in no way been deeply injured, or grossly insulted, +the second of the party challenging should reply: "The point of honor +being settled, there can, I conceive, be no objection to a +reconciliation, and I propose that our principals meet on middle +ground, shake hands, and be friends." If this be acceded to by the +second of the challengee, the second of the party challenging, says: +"We have agreed that the present duel shall cease, the honor of each +of you is preserved, and you will meet on middle ground, shake hands +and be reconciled." + +7. If the insult be of a serious character, it will be the duty of the +second of the challenger, to say, in reply to the second of the +challengee: "We have been deeply wronged, and if you are not disposed +to repair the injury, the contest must continue." And if the +challengee offers nothing by way of reparation, the fight continues +until one or the other of the principals is hit. + +8. If in cases where the contest is ended by the seconds, as mentioned +in the sixth rule of this chapter, the parties refuse to meet and be +reconciled, it is the duty of the seconds to withdraw from the field, +informing their principals, that the contest must be continued under +the superintendence of other friends. But if one agrees to this +arrangement of the seconds, and the other does not, the second of the +disagreeing principal only withdraws. + +9. If either principal on the ground refuses to fight or continue the +fight when required, it is the duty of his second to say to the other +second: "I have come upon the ground with a coward, and do tender you +my apology for an ignorance of his character; you are at liberty to +post him." The second, by such conduct, stands excused to the opposite +party. + +10. When the duel is ended by a party being hit, it is the duty of the +second to the party so hit, to announce the fact to the second of the +party hitting, who will forthwith tender any assistance he can command +to the disabled principal. If the party challenging, hit the +challengee, it is his duty to say he is satisfied, and will leave the +ground. If the challenger be hit, upon the challengee being informed +of it, he should ask through his second, whether he is at liberty to +leave the ground which should be assented to. + +CHAPTER VI. +Who Should Be on the Ground. + +1. The principals, seconds, one surgeon and one assistant surgeon to +each principal; but the assistant surgeon may be dispensed with. + +2. Any number of friends that the seconds agree on, may be present, +provided they do not come within the degrees of consanguinity +mentioned in the seventh rule of Chapter I. + +3. Persons admitted on the ground, are carefully to abstain by word or +behavior, from any act that might be the least exceptionable; nor +should they stand near the principals or seconds, or hold +conversations with them. + +CHAPTER VII. +Arms, and Manner of Loading and Presenting Them. + +1. The arms used should be smooth-bore pistols, not exceeding nine +inches in length, with flint and steel. Percussion pistols may be +mutually used if agreed on, but to object on that account is lawful. + +2. Each second informs the other when he is about to load, and invites +his presence, but the seconds rarely attend on such invitation, as +gentlemen may be safely trusted in the matter. + +3. The second, in presenting the pistol to his friend, should never +put it in his pistol hand, but should place it in the other, which is +grasped midway the barrel, with muzzle pointing in the contrary way to +that which he is to fire, informing him that his pistol is loaded and +ready for use. Before the word is given, the principal grasps the butt +firmly in his pistol hand, and brings it round, with the muzzle +downward, to the fighting position. + +4. The fighting position, is with the muzzle down and the barrel from +you; for although it may be agreed that you may hold your pistol with +the muzzle up, it may be objected to, as you can fire sooner from that +position, and consequently have a decided advantage, which ought not +to be claimed, and should not be granted. + +CHAPTER VIII. +The Degrees of Insult, and How Compromised + +1. The prevailing rule is, that words used in retort, although more +violent and disrespectful than those first used, will not +satisfy,--words being no satisfaction for words. + +2. When words are used, and a blow given in return, the insult is +avenged; and if redress be sought, it must be from the person +receiving the blow. + +3. When blows are given in the first instance and not returned, and +the person first striking, be badly beaten or otherwise, the party +first struck is to make the demand, for blows do not satisfy a blow. + +4. Insults at a wine table, when the company are over-excited, must be +answered for; and if the party insulting have no recollection of the +insult, it is his duty to say so in writing, and negative the insult. +For instance, if the man say: "you are a liar and no gentleman," he +must, in addition to the plea of the want of recollection, say: "I +believe the party insulted to be a man of the strictest veracity and a +gentleman." + +5. Intoxication is not a full excuse for insult, but it will greatly +palliate. If it was a full excuse, it might be well counterfeited to +wound feelings, or destroy character. + +6. In all cases of intoxication, the seconds must use a sound +discretion under the above general rules. + +7. Can every insult be compromised? is a mooted and vexed question. On +this subject, no rules can be given that will be satisfactory. The old +opinion, that a blow must require blood, is not of force. Blows may be +compromised in many cases. What those are, much depend on the seconds. + +APPENDIX. + +Since the above Code was in press, a friend has favored me with the +IRISH CODE OF HONOR, which I had never seen; and it is published as an +Appendix to it. One thing must be apparent to every reader, viz., the +marked amelioration of the rules that govern in duelling at the +present time. I am unable to say what code exists now in Ireland, but +I very much doubt whether it be of the same character which it bore in +1777. The American Quarterly Review for September, 1824, in a notice +of Sir Jonah Barrington's history of his own times, has published this +code; and followed it up with some remarks, which I have thought +proper to insert also. The grave reviewer has spoken of certain States +in terms so unlike a gentleman, that I would advise him to look at +home, and say whether he does not think that the manners of his own +countrymen, do not require great amendment? I am very sure, that the +citizens of the States so disrespectfully spoken of, would feel a deep +humiliation, to be compelled to exchange their urbanity of deportment, +for the uncouth incivility of the people of Massachusetts. Look at +their public journals, and you will find them, very generally, teeming +with abuse of private character, which would not be countenanced here. +The idea of New England becoming a school for manners, is about as +fanciful as Bolinbroke's "idea of a patriot king." I like their +fortiter in re, but utterly eschew their suaviter in modo. + +"The practice of duelling and points of honor settled at Clonmell +summer assizes, 1777, by the gentleman delegates of Tipperary, Galway, +Mayo, Sligo and Roscommon, and prescribed for general adoption +throughout Ireland. + +"Rule 1.--The first offence requires the apology, although the retort +may have been more offensive than the insult.--Example: A. tells B. he +is impertinent, &C.; B. retorts, that he lies; yet A. must make the +first apology, because he gave the first offence, and then, (after one +fire,) B. may explain away the retort by subsequent apology. + +"Rule 2.--But if the parties would rather fight on: then, after two +shots each, (but in no case before,) B. may explain first, and A. +apologize afterward. + +"Rule 3.--If a doubt exist who gave the first offence, the decision +rests with the seconds; if they won't decide or can't agree, the +matter must proceed to two shots, or a hit, if the challenger requires +it. + +"Rule 4.--When the lie direct is the first offence, the aggressor must +either beg pardon in express terms; exchange tow shots previous to +apology; or three shots followed up by explanation; or fire on till a +severe hit be received by one party or the other. + +"Rule 5.--As a blow is strictly prohibited under any circumstances +among gentlemen, no verbal apology can be received for such an insult; +the alternatives therefore are: the offender handing a can to the +injured party, to be used on his own back, at the same time begging +pardon; firing on until one or both is disabled; or exchanging three +shots, and then asking pardon without the proffer of the cane. + +"If swords are used, the parties engage till one is well-blooded, +disabled or disarmed; or until, after receiving a wound, and blood +being drawn, the aggressor begs pardon. + +"N.B. A disarm is considered the same as a disable; the disarmer may +(strictly) break his adversary's sword; but if it be the challenger +who is disarmed, it is considered ungenerous to do so. + +"In case the challenged be disarmed and refuses to ask pardon or +atone, he must not be killed as formerly; but the challenger may lay +his sword on the aggressor's shoulder, than break the aggressor's +sword, and say, 'I spare your life!' The challenged can never revive +the quarrel, the challenger may. + +"Rule 6.--If A. give B. the lie, and B. retorts by a blow, (being the +two greatest offences,) no reconciliation can take place till after +two discharges each, or a severe hit; after which, B. may beg A.'s +pardon for the blow, and then A. may explain simply for the lie; +because a blow is never allowable, and the offence of the lie +therefore merges in it. (See preceding rule.) + +"N.B. Challenges for individual causes, may be reconciled on the +ground, after one shot. An explanation, or the slightest hit should be +sufficient in such cases, because no personal offence transpired. + +"Rule 7.--But no apology can be received, in any case, after the +parties have actually taken their ground, without exchange of fires. + +"Rule 8.--In the above case, no challenger is obliged to divulge the +cause of his challenge, (if private,) unless required by the +challenged to do so before their meeting. + +"Rule 0.--All imputations of cheating at play, races, &c, to be +considered equivalent to a blow; but may be reconciled after one shot, +on admitting their falsehood, and begging pardon publicly. + +"Rule 10.--Any insult to a lady under a gentleman's care or +protection, to be considered as, by one degree, a greater offence than +if given to the gentleman personally, and to be regulated accordingly. + +"Rule 11.--Offences originating or accruing from the support of a +lady's reputation, to be considered as less unjustifiable than any +other of the same class, and as admitting of lighter apologies by the +aggressor; this to be determined by the circumstances of the case, but +always favorably to the lady. + +"Rule 12.--In simple unpremeditated rencontres with the small sword or +couteau-de-chasse, the rule is, first draw, first sheathe; unless +blood be drawn: then both sheathe, and proceed to investigation. + +"Rule 13.--No dumb-shooting, or firing in the air, admissible in any +case. The challenger ought not to have challenged without receiving +offence; and the challenged ought, if he gave offence, to have made an +apology before he came on the ground: therefore, children's play must +be dishonorable on one side or the other, and is accordingly +prohibited. + +"Rule 14.--Seconds to be of equal rank in society with the principals +they attend, inasmuch as a second may choose or chance to become a +principal, and equality is indispensable. + +"Rule 15.--Challenges are never to be delivered at night, unless the +party to be challenged intend leaving the place of offence before +morning; for it is desirable to avoid all hot-headed proceedings. + +"Rule 16.--The challenged has the right to choose his own weapon, +unless the challenger gives his honor he is no swordsman; after which, +however, he cannot decline any second species of weapon proposed by +the challenged. + +"Rule 17.--The challenged chooses his ground; the challenger chooses +his distance; the seconds fix the time and terms of firing. + +"Rule 18.--The seconds load in presence of each other, unless they +give their mutual honors that they have charged smooth and single, +which should be held sufficient. + +"Rule 19.--Firing may be regulated, first by signal; secondly, by word +of command; or, thirdly, at pleasure, as may be agreeable to the +parties. In the latter case, the parties may fire at their reasonable +leisure, but second presents and rests are strictly prohibited. + +"Rule 20.--In all cases a miss-fire is equivalent to a shot, and a +snap or a non-cock is to be considered as a miss-fire. + +"Rule 21.--Seconds are bound to attempt a reconciliation before the +meeting takes place, or after sufficient firing or hits, as specified. + +"Rule 22.--Any wound sufficient to agitate the nerves and necessarily +make the hands shake, must end the business for that day. + +"Rule 23.--If the cause of meeting be of such a nature that no apology +or explanation can or will be received, the challenged takes his +ground, and calls on the challenger to proceed as he chooses: in such +cases firing at pleasure is the usual practice, but may be varied by +agreement. + +"Rule 24.--In slight cases, the second hands his principal but one +pistol; but in gross cases, two, holding another case ready charged in +reserve. + +"Rule 25.--When seconds disagree, and resolve to exchange shots +themselves, it must be at the same time and at right angles with their +principals. + +"If with swords, side by side, at five paces interval. + +"N.B. All matters and doubts not herein mentioned, will be explained +and cleared up by application to the committee, who meet alternately +at Clonmell and Galway, at their quarter sessions, for the purpose. + +"CROW RYAN, President." +"JAMES KEOG, +"AMBY BODKIN, Secretaries + +ADDITIONAL GALWAY ARTICLES + +"Rule 1.--No party can be allowed to bend his knee or cover his side +with his left hand; but may present at any level from the hip to the +eye. + +"Rule 2.--One can neither advance nor retreat, if the ground be +measured. If the ground be unmeasured, either party may advance at +pleasure, even to touch muzzle; but neither can advance on his +adversary after the fire, unless his adversary step forward on him. + +"The seconds stand responsible for this last rule being strictly +observed; bad cases have accrued from neglecting it." + +This precise and enlightened digest was rendered necessary by the +multitude of quarrels that arouse without "sufficient dignified +provocation:" the point of honor men required a uniform government; +and the code thus formed was disseminated throughout the island, with +directions that it should b strictly observed by all gentlemen, and +kept in their pistol cases. The rules, with some others, were commonly +styled "the thirty-six commandments," and, according to the author, +have been much acted upon down to the present day. Tipperary and +Galway were the chief schools of duelling. We remember to have heard, +in travelling to the town of the former name in a stage coach, a +dispute between two Irish companions, on the point, which was the most +gentlemanly country in all Ireland--Tipperary or Galway? and both laid +great stress upon the relative duelling merits of those counties. By +the same criterion, Tennessee, Kentucky, Georgia and South Carolina, +would bear away the palm of gentility among the States of the Union.- + + + + + +*** END OF THE PROJECT GUTENBERG EBOOK, THE CODE OF HONOR *** + +This file should be named cduel10.txt or cduel10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, cduel11.txt +VERSIONS based on separate sources get new LETTER, cduel10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. Thus, we usually do not +keep eBooks in compliance with any particular paper edition. + +We are now trying to release all our eBooks one year in advance +of the official release dates, leaving time for better editing. +Please be encouraged to tell us about any error or corrections, +even years after the official publication date. + +Please note neither this listing nor its contents are final til +midnight of the last day of the month of any such announcement. +The official release date of all Project Gutenberg eBooks is at +Midnight, Central Time, of the last day of the stated month. A +preliminary version may often be posted for suggestion, comment +and editing by those who wish to do so. + +Most people start at our Web sites at: +http://gutenberg.net or +http://promo.net/pg + +These Web sites include award-winning information about Project +Gutenberg, including how to donate, how to help produce our new +eBooks, and how to subscribe to our email newsletter (free!). + + +Those of you who want to download any eBook before announcement +can get to them as follows, and just download by date. This is +also a good way to get them instantly upon announcement, as the +indexes our cataloguers produce obviously take a while after an +announcement goes out in the Project Gutenberg Newsletter. + +http://www.ibiblio.org/gutenberg/etext04 or +ftp://ftp.ibiblio.org/pub/docs/books/gutenberg/etext04 + +Or /etext03, 02, 01, 00, 99, 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90 + +Just search by the first five letters of the filename you want, +as it appears in our Newsletters. + + +Information about Project Gutenberg (one page) + +We produce about two million dollars for each hour we work. The +time it takes us, a rather conservative estimate, is fifty hours +to get any eBook selected, entered, proofread, edited, copyright +searched and analyzed, the copyright letters written, etc. Our +projected audience is one hundred million readers. If the value +per text is nominally estimated at one dollar then we produce $2 +million dollars per hour in 2002 as we release over 100 new text +files per month: 1240 more eBooks in 2001 for a total of 4000+ +We are already on our way to trying for 2000 more eBooks in 2002 +If they reach just 1-2% of the world's population then the total +will reach over half a trillion eBooks given away by year's end. + +The Goal of Project Gutenberg is to Give Away 1 Trillion eBooks! +This is ten thousand titles each to one hundred million readers, +which is only about 4% of the present number of computer users. + +Here is the briefest record of our progress (* means estimated): + +eBooks Year Month + + 1 1971 July + 10 1991 January + 100 1994 January + 1000 1997 August + 1500 1998 October + 2000 1999 December + 2500 2000 December + 3000 2001 November + 4000 2001 October/November + 6000 2002 December* + 9000 2003 November* +10000 2004 January* + + +The Project Gutenberg Literary Archive Foundation has been created +to secure a future for Project Gutenberg into the next millennium. + +We need your donations more than ever! + +As of February, 2002, contributions are being solicited from people +and organizations in: Alabama, Alaska, Arkansas, Connecticut, +Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, +Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, +Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New +Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, +Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South +Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West +Virginia, Wisconsin, and Wyoming. + +We have filed in all 50 states now, but these are the only ones +that have responded. + +As the requirements for other states are met, additions to this list +will be made and fund raising will begin in the additional states. +Please feel free to ask to check the status of your state. + +In answer to various questions we have received on this: + +We are constantly working on finishing the paperwork to legally +request donations in all 50 states. If your state is not listed and +you would like to know if we have added it since the list you have, +just ask. + +While we cannot solicit donations from people in states where we are +not yet registered, we know of no prohibition against accepting +donations from donors in these states who approach us with an offer to +donate. + +International donations are accepted, but we don't know ANYTHING about +how to make them tax-deductible, or even if they CAN be made +deductible, and don't have the staff to handle it even if there are +ways. + +Donations by check or money order may be sent to: + +Project Gutenberg Literary Archive Foundation +PMB 113 +1739 University Ave. +Oxford, MS 38655-4109 + +Contact us if you want to arrange for a wire transfer or payment +method other than by check or money order. + +The Project Gutenberg Literary Archive Foundation has been approved by +the US Internal Revenue Service as a 501(c)(3) organization with EIN +[Employee Identification Number] 64-622154. Donations are +tax-deductible to the maximum extent permitted by law. As fund-raising +requirements for other states are met, additions to this list will be +made and fund-raising will begin in the additional states. + +We need your donations more than ever! + +You can get up to date donation information online at: + +http://www.gutenberg.net/donation.html + + +*** + +If you can't reach Project Gutenberg, +you can always email directly to: + +Michael S. Hart <hart@pobox.com> + +Prof. Hart will answer or forward your message. + +We would prefer to send you information by email. + + +**The Legal Small Print** + + +(Three Pages) + +***START**THE SMALL PRINT!**FOR PUBLIC DOMAIN EBOOKS**START*** +Why is this "Small Print!" statement here? You know: lawyers. +They tell us you might sue us if there is something wrong with +your copy of this eBook, even if you got it for free from +someone other than us, and even if what's wrong is not our +fault. So, among other things, this "Small Print!" statement +disclaims most of our liability to you. It also tells you how +you may distribute copies of this eBook if you want to. + +*BEFORE!* YOU USE OR READ THIS EBOOK +By using or reading any part of this PROJECT GUTENBERG-tm +eBook, you indicate that you understand, agree to and accept +this "Small Print!" statement. If you do not, you can receive +a refund of the money (if any) you paid for this eBook by +sending a request within 30 days of receiving it to the person +you got it from. If you received this eBook on a physical +medium (such as a disk), you must return it with your request. + +ABOUT PROJECT GUTENBERG-TM EBOOKS +This PROJECT GUTENBERG-tm eBook, like most PROJECT GUTENBERG-tm eBooks, +is a "public domain" work distributed by Professor Michael S. Hart +through the Project Gutenberg Association (the "Project"). +Among other things, this means that no one owns a United States copyright +on or for this work, so the Project (and you!) can copy and +distribute it in the United States without permission and +without paying copyright royalties. Special rules, set forth +below, apply if you wish to copy and distribute this eBook +under the "PROJECT GUTENBERG" trademark. + +Please do not use the "PROJECT GUTENBERG" trademark to market +any commercial products without permission. + +To create these eBooks, the Project expends considerable +efforts to identify, transcribe and proofread public domain +works. Despite these efforts, the Project's eBooks and any +medium they may be on may contain "Defects". Among other +things, Defects may take the form of incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other +intellectual property infringement, a defective or damaged +disk or other eBook medium, a computer virus, or computer +codes that damage or cannot be read by your equipment. + +LIMITED WARRANTY; DISCLAIMER OF DAMAGES +But for the "Right of Replacement or Refund" described below, +[1] Michael Hart and the Foundation (and any other party you may +receive this eBook from as a PROJECT GUTENBERG-tm eBook) disclaims +all liability to you for damages, costs and expenses, including +legal fees, and [2] YOU HAVE NO REMEDIES FOR NEGLIGENCE OR +UNDER STRICT LIABILITY, OR FOR BREACH OF WARRANTY OR CONTRACT, +INCLUDING BUT NOT LIMITED TO INDIRECT, CONSEQUENTIAL, PUNITIVE +OR INCIDENTAL DAMAGES, EVEN IF YOU GIVE NOTICE OF THE +POSSIBILITY OF SUCH DAMAGES. + +If you discover a Defect in this eBook within 90 days of +receiving it, you can receive a refund of the money (if any) +you paid for it by sending an explanatory note within that +time to the person you received it from. If you received it +on a physical medium, you must return it with your note, and +such person may choose to alternatively give you a replacement +copy. If you received it electronically, such person may +choose to alternatively give you a second opportunity to +receive it electronically. + +THIS EBOOK IS OTHERWISE PROVIDED TO YOU "AS-IS". NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE TO YOU AS +TO THE EBOOK OR ANY MEDIUM IT MAY BE ON, INCLUDING BUT NOT +LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. + +Some states do not allow disclaimers of implied warranties or +the exclusion or limitation of consequential damages, so the +above disclaimers and exclusions may not apply to you, and you +may have other legal rights. + +INDEMNITY +You will indemnify and hold Michael Hart, the Foundation, +and its trustees and agents, and any volunteers associated +with the production and distribution of Project Gutenberg-tm +texts harmless, from all liability, cost and expense, including +legal fees, that arise directly or indirectly from any of the +following that you do or cause: [1] distribution of this eBook, +[2] alteration, modification, or addition to the eBook, +or [3] any Defect. + +DISTRIBUTION UNDER "PROJECT GUTENBERG-tm" +You may distribute copies of this eBook electronically, or by +disk, book or any other medium if you either delete this +"Small Print!" and all other references to Project Gutenberg, +or: + +[1] Only give exact copies of it. Among other things, this + requires that you do not remove, alter or modify the + eBook or this "small print!" statement. You may however, + if you wish, distribute this eBook in machine readable + binary, compressed, mark-up, or proprietary form, + including any form resulting from conversion by word + processing or hypertext software, but only so long as + *EITHER*: + + [*] The eBook, when displayed, is clearly readable, and + does *not* contain characters other than those + intended by the author of the work, although tilde + (~), asterisk (*) and underline (_) characters may + be used to convey punctuation intended by the + author, and additional characters may be used to + indicate hypertext links; OR + + [*] The eBook may be readily converted by the reader at + no expense into plain ASCII, EBCDIC or equivalent + form by the program that displays the eBook (as is + the case, for instance, with most word processors); + OR + + [*] You provide, or agree to also provide on request at + no additional cost, fee or expense, a copy of the + eBook in its original plain ASCII form (or in EBCDIC + or other equivalent proprietary form). + +[2] Honor the eBook refund and replacement provisions of this + "Small Print!" statement. + +[3] Pay a trademark license fee to the Foundation of 20% of the + gross profits you derive calculated using the method you + already use to calculate your applicable taxes. If you + don't derive profits, no royalty is due. Royalties are + payable to "Project Gutenberg Literary Archive Foundation" + the 60 days following each date you prepare (or were + legally required to prepare) your annual (or equivalent + periodic) tax return. Please contact us beforehand to + let us know your plans and to work out the details. + +WHAT IF YOU *WANT* TO SEND MONEY EVEN IF YOU DON'T HAVE TO? +Project Gutenberg is dedicated to increasing the number of +public domain and licensed works that can be freely distributed +in machine readable form. + +The Project gratefully accepts contributions of money, time, +public domain materials, or royalty free copyright licenses. +Money should be paid to the: +"Project Gutenberg Literary Archive Foundation." + +If you are interested in contributing scanning equipment or +software or other items, please contact Michael Hart at: +hart@pobox.com + +[Portions of this eBook's header and trailer may be reprinted only +when distributed free of all fees. Copyright (C) 2001, 2002 by +Michael S. Hart. Project Gutenberg is a TradeMark and may not be +used in any sales of Project Gutenberg eBooks or other materials be +they hardware or software or any other related product without +express permission.] + +*END THE SMALL PRINT! FOR PUBLIC DOMAIN EBOOKS*Ver.02/11/02*END* + |
