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 9.--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 be 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.