DUELLING.

New Zealander, Volume 3, Issue 183, 1 March 1848, Page 2

DUELLING.

As we understand a bill lias been prepared which will enable Her Majesty to appoint one or more Courts of Honour, the subject cannot be too well considered befoie she Parliament assembles. In a petition, which, was very favourably noticed by a committee of the Commons about a fort-night before the Queen's letter and the circulars from the Horse Guards and the Admirality were circulated wuh amended Articles of War, Mr., Joseph Hamilton, of Annadale Cottage, Dublin, stated that, after having carefully consulted persons of distinguished rank, talents, and experience, the petitioner was firmly of opinion, the establishment of Courts of Honour, for the enforcement of separation of offended feelings w, u d be the moat effectual means of preventing single combat : that he could adduce, before a committee of the hou^e, a thousand grievous instances in which human life has been sacrificed to a ridiculous punctilio, or on account of any offence .which might have been very easily atoned for bad a pioper tribunal been established, with powers to commit contemptuous parties, until a due submibsion was enfoiced to itft decrees. It was also stated, that the petitioner had laboured, during several years, to bring duelling into (ti6u c, by the various means which were likely to influpnce the different classes of society, whether they considered it a necessary evil, or anti-Chrittian practice. The following are extracts from Mr. Hamilton's petition to the King upon the same subject :"— " That although your petitioner laments the ex'sfcence of the anti-Christian practice of duelling, he equally deplores the imperfection of those inititutionu which have been established for enforcing reparation in cases of offence or injury ; there being some which, are totally unprovided tor, and others for which no adequate provision has been made. " That every Officer in the Army or the Navy'u placed under grievous circumstances, between the existing Military code and the disrepute which is avtendant on Us stiict obsrvance : and that while he is pnnishable by the crimnal law for slaying a fellow«subject in a duel, he is compelled by the despotic and unwritten code of Military honour, not to endure an insult, nor refuse a challange. '* That several British Officers have been placed in 1 Coventry' by iheir associates, and compelled to retir from public bervice, because they acted in obedience to the Article* of War, and the injunctions of their Savereign. 41 That judges and jurors nre also situated very painfully when surviving duellists are upon their trial. " That while youth are reared with chivalrous impressions respecting offensive and defensive war, ami think it honourable to encounter strangers, with whom they have no cause of quarrel, for the sake of rank or pay, which they may leceive as soldiers or as sailors, it will Jje difficult t9 dissuade them from cc-

scnting personal injuries or insults, which the powerful law of public opinion has so long decreed should be redressed by arms. « That until lesi shall be read of Military glory in our Bchooli, and laid of national victories from our pulpits, the Ministers of peaceful dispensation must exert themselves in vain for the correction of a vice which h«i so long withstood the preacher, the moralist, and the legislator, " That the grievous extent to which duelling is and has been practiced, can only be ascertained upon a due examination of recorded cases •, that your petitioner can produce four newspapers, in which twelve fatal meeting were announced ; that before Captain Sand yi shot Mr. Kerman in tho side, he had already lulled or wounded thirteen adversaries in as many combats ; that Major Spread challenged eight Officers, and wounded four Of them upon a single day ; and that George Itobert Fitzgerald was introduced to the King of trance %s an Irishman who had prey ously fought six and twenty fatal duels. •• That an Officer had collected the reports of 172 cases, found 63 individuals were killed, and 96 were wounded; and that your petitioner has collected several thousand casi.B in which the disas^ous termination* beai an adequate proportion. " That constituted as society ar present is, the noblemen and gentlemen of the United Kingdom have no adequate security against a challenge or offence; that Colonel Montgomery was shot in a duel about a dog ; Captain Ramsey in one about a servant ; Mr. Featherston in one about a recruit ; Sterne'i father in one about a goose ; and another gentleman in one about an * acre of anchovies.' 44 That your petitioner knows one Officer who was challenged for merely asking his opponent to enjoy a second goblet, and another who was compelled to fight about a pinch of snuff ; that General Barry was challenged by Captain Smith for declining a glais of wine with him at dinner in a steam-boat, although the General had pleaded in excuse that wine invariably made his stomach hick at sea. " That penal statutes and anti-duelling associations may effect much good with the more peaceable classes of mankind, but that unfortunately there is a considerable portiou of society which will insist on reparation, even at the risk of life ; and that if the abolition of duelling be not accompanied by some efficient measure for eniorcing reparation of offended feeling, a grievous assassination may be reasonably looked for in its place. " That innumerable cases might be quoted with facility in which a valuable life was sacrificed to a ridiculous puncilio, or on account of any offence which might have been eaiily atoned for had a competent tribunal been established. ' That Prusiia, Bavaria, at d other continental states have established Courts of Honour for the peaceful adjustment! of disputes ; that a British Court of Chivalry was formerly in existence, having power to enforce full reparation for tliose grievances which were of too delicate a nature for the cognizance of common law ; that it could compel the defendant to take promptly to himself the lie which he had rashly or unjustly given, or to make such other submission as the laws of hon» our might require ; that it was held befoie the Lord High Constable and the Earl Marshal jointly, but that there having been no permanent High Constable since the execution of Stafford Dnke of Buckingham, that court has unfortunately fallen iuto entire disuse. " That Justice Blackstone, in his ' Commentaries on the Laws of England,' says, ' It requires such a degree of passive valour to combat the dread of even undeierved contempt ariiing from false notices of hon- ■ our, too generally received in Europe, that the strongeit prohibitions and penalties of the law will never be entirely effectual to eradicate the unhappy custom of duelling, till a method be found of compelling tba original aggressor to make some other reparation which the world would deem equally reputable to th.it which is now given at the hazard of the life and fortune, as ! well of the person insulted, as of him who has given the insult.' " That when his late Majesty Kin? George the Fourth was offended by the Duke of Brunswick, a Court of Honour, composed of all the neighbouring princei, dictated and enforced a becoming reparation. " That the Duke de Sully, as Prime Minister of Henry IV., recommended a speedy and satisfactory rediess, which would make complainants easy and aggressor! penitent. "That the ecclesiastical courts have power to punish offenders against the reputaiion of their suitors, and that similar jurisdiction might be advantageously given to some lay tribunal." Numerous lord chancellors, chief and other judges, pritnatet, archbishops, and bishopt ; provosts and members of the Irish colleges ; noblemen and membeis of the Commons, Generals and Admirals ; baronets, knights, bankers, merchants, manufacturers, and others, of all creeds and parlies, have borne honourable testimony, " That for several years Mr. Hamilton h. I been a zealous public writer in favour of morals, peace, and humaaity." The professional attfnddnt upon Mr. Biic, when the nnfoitunate gentleman was killed, after giving a most pathetic account of the duel, Bays, " I am one of the numerous converts to your views ; you have considered the subject well in all its bearings, and have evidently been actuated by the best feelings of humanity. To the wide circulation of your valuable opinions, and to your praisjworthy perseverance and exertions, I attribute the good which has latterly been done for the adjustment ot disputes, and the prevention of unfortunate rencontrei. If you succeed in getting such Courts of Honour as you propose established for the enforcement of full reparation to offended feeling, and for the putting of your other plans into execution, you will have achieve! the gicaleet moral triumph which it is possible for one individual to boast of, and be ranked, with justice, as a benefactor of mankind.''— United Service Gazelle, September 25. j

The Sale on Shakspbre's House.— The birthplace of England's immortal poet, regarding which so much discussion hus arisen and so many opinions been offered,, is at length secured to the nation, and the pecuniaiy motives of American speculators have bee overthrown by the venerable building becoming ■what it ever should have been, national property, associated as it is with the outpourings of one whose worki were not for an age, but for all time. The sale was announced to take place at "titel re for one o'clock precisely," and within a few minutes alter eleven, a strong muster of individuals assembled to wait the opening of the doors of the auction room, •which occurred considerably before the time specified, and at twelve o'clock the Mart was crammed almost to suffocation, ultimately compelling the auctioneer to adjourn the sale to moie extensive rooms in the upper part of the building. Thrse apartments were also speedily crowded, and much disbatisfa tion was expressed by the parties who attended early for the purpose of obtaining seats, which they succeeded in doing in the first room, but were less fortunate in accommodating themselves in the second. At one o'clock exactly, Mr, Robijis <na,de hjg uppe.flr.ance, au d

was greeted with loud cheers. Having read the coni ditions of sale, and the printed description of the building at Stratford-ou Avon, Mr. Robin* proceeded to make some obiervations which he thought neceisary. He stated that he felt the greatest pride in being entrusted with the sale of Shakipere's birth -place, a relic which, in conjunction J with others, he considered a national one, and of which the nation should become the possessors. There were undoubtedly several parties in the room who never had an opportunity of inspecting the housf at Stratford-on-Avon, and those had formed on idea that the building was in a tottering, crumbling condition,! in consequence of its having consisted so long a period. I 'J hi«i however, was not the fact. The house was sub stantially sound, aud, if permitted would sland for centuries to come, a monument of Shakspere's greatness. From various quarters reproaches had been made againtt the vendor for permuting the venerable relic to be sold by public auction ; but it was to be remembered that the late owner, Mr. Thomas Court, had bequeathed it to his wife, to be sold after his death by auction for the benefit of his children and their representatives. Consequently the vendor had no interest whatever in the property ; he merely acted as trustee for several minors, to whose interest he was compelled to look, and in bringing the property before the public for sale, he did but follow the course the Court of Chancery would have adopted. The house, he repeated, was in good and excellent condition. The shop had been devoted to the trade of a butcher, and the room over the shop, wheie the immortal bard first drew the breath of life An individual wearing a very formidable puir of moustachios, and whoie name was staled to be Jones, here called upon Mr. Robins to prove that Shakspere was born in that identical room, as a doubt seemed to be expressed to the contrary in the conditions of sale. He had spoken upon the same subject at" a public meeting some time since, and now, at the sale, he wished the truth to come out. Mr. Robins said the question put him in mind of a story which had been circulated, to the effect that a person once went to Stratford to see the midwife who officiated at the birth of the poet (cheers and laughter.) The same person attempted to throw a doubt upon the subject, when hw observations were drowned by cries of " To business," &c. After some further observations from Mr. Robins relative to various points of history, where not the slightest doubt could by any possibility be entertained regarding particular localities being the scene of action* yet a similar call might be made and no actual proof be offered to the contrary, he remarked that it wm far more difficult to ascertain with certainty the exact birth-place of any one who had attained greatness, than it watt to fix that of any one who, being born great, caused the place to be noticed particularly at the time. One thousand poundi was here offered by some penon in the body of the room, immediately followed by a bidding of two thousand more from Mr. Butler. The following piper was then handed to the auctioneer, by a gentleman connected with the London Committee for the preservation of the birth-place of the poet : — "We, the undersigned, deputed by the united committees of Stratford and London for raising subscriptions for Shakspere'i house, hereby offer a bidding of £3,000. The committee having purchased another property which really constitutes an integral portion of bhakspere's house, have expended a considerable part of the amount already raised by public contribution ; but looking at the duty imposed upon them in undertaking to represent the feeling of the nation, they have come to the resolution of making this large and liberal offer for the property now lor sale, without regard to the funds which they at present command, in the confidence that the justice of the public will eventually discharge the committees from the individual responsibility which they thus incur. (Signed) " T. Amyot, Chairman of the London Committee. *' X. Thomfson, Chairman of the Stratford Committee. "P. Cunningham, Treas. of the London Committee. 41 W. Sheldon, Treasurer of the Stratford Committee. «• London, September 16, 1847." Immense cheers followed the reading of this documerit, coupled with derisive laughter at the exnense of the gentleman in moustachios, who afterwards offered £2,000. A voice — knock it down, it's the property of the nation (renewed cheers.) The aucioneer made some fuither remarks upon | the value of the property, in consequence of the visitors | having increased during the last few years from 1,000 to 7,000, and concluded by the usual " Once, twice, thrice." j The most breathless attention prevailed for a few instants before the fate of the time-honoured building was decided by the hammer of the auctioneer, and, after a short pauie, a smart rap was heard, and almost simultaneously a loud and hearty cheer was given, which was prolonged several minutes, and again re newed by cries of " One cheer more," ' » Cheer for Amyot," &c. The visitors 'book of autographs was put up, for which ths committee offered 50 guineas ; they were, however, ultimately sold to Mr. T. S. Butler, of Upper Clapton, for .£73 10s. The carved oak coffer was also sold to Mr. Butler for 30 guinea*. A small bust of Shakspere, made trom the mulberry tree, produced 18 guineas, and a spectacle-case from the same material, 15 guineas. The former was knocked down to Mr. Wilkinson, of Lower Thamesstreot, and the latter to Mr. Butler, the puichaser of the autograph books. After the disposal of several articles of furniture contained in the house at Stratford, the sale, which, from the national associations connected with it caused the greatest excitement throughout the kingdom, then terminated.— English Paper, Sep.