LITMIR.BIZ

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her a character, and thus shutting the door upon all the paths by which she might retrace her steps. This I state as one amongst the many cases of conscience daily occurring in the common business of the world. It would surprise any reader to find how many they are; in fact, a very large volume might be easily collected of such cases as are of ordinary occurrence. Casuistry, the very word casuistry expresses the science which deals with such cases: for as a case, in the declension of a noun, means a falling away, or a deflection from the upright nominative (rectus), so a case in ethics implies some falling off, or deflection from the high road of catholic morality. Now, of all such cases, one, perhaps the most difficult to manage, the most intractable, whether for consistency of thinking as to the theory of morals, or for consistency of action as to the practice of morals, is the case of DUELLING.

      As an introduction, I will state my story—the case for the casuist; and then say one word on the reason of the case.

      First, let me report the case of a friend—a distinguished lawyer at the English bar. I had the circumstances from himself, which lie in a very small compass; and, as my friend is known, to a proverb almost, for his literal accuracy in all statements of fact, there need be no fear of any mistake as to the main points of the case. He was one day engaged in pleading before the Commissioners of Bankruptcy; a court then, newly appointed, and differently constituted, I believe, in some respects, from its present form. That particular commissioner, as it happened, who presided at the moment when the case occurred, had been recently appointed, and did not know the faces of those who chiefly practised in the court. All things, indeed, concurred to favour his mistake: for the case itself came on in a shape or in a stage which was liable to misinterpretation, from the partial view which it allowed of the facts, under the hurry of the procedure; and my friend, also, unluckily, had neglected to assume his barrister's costume, so that he passed, in the commissioner's appreciation, as an attorney. 'What if he had been an attorney?' it may be said: 'was he, therefore, less entitled to courtesy or justice?' Certainly not; nor is it my business to apologise for the commissioner. But it may easily be imagined, and (making allowances for the confusion of hurry and imperfect knowledge of the case) it does offer something in palliation of the judge's rashness, that, amongst a large heap of 'Old Bailey' attorneys, who notoriously attended this court for the express purpose of whitewashing their clients, and who were in bad odour as tricksters, he could hardly have been expected to make a special exception in favour of one particular man, who had not protected himself by the insignia of his order. His main error, however, lay in misapprehending the case: misapprehension lent strength to the assumption that my friend was an 'Old Bailey' (i. e., a sharking) attorney; whilst, on the other hand, that assumption lent strength to his misapprehension of the case. Angry interruptions began: these, being retorted or resented with just indignation, produced an irritation and ill temper, which, of themselves, were quite sufficient to raise a cloud of perplexity over any law process, and to obscure it for any understanding. The commissioner grew warmer and warmer; and, at length, he had the presumption to say:—'Sir, you are a disgrace to your profession.' When such sugar-plums, as Captain M'Turk the peacemaker observes, were flying between them, there could be no room for further parley. That same night the commissioner was waited on by a friend of the barrister's, who cleared up his own misconceptions to the disconcerted judge; placed him, even to his own judgment, thoroughly in the wrong; and then most courteously troubled him for a reference to some gentleman, who would arrange the terms of a meeting for the next day. The commissioner was too just and grave a man to be satisfied with himself, on a cool review of his own conduct. Here was a quarrel ripened into a mortal feud, likely enough to terminate in wounds, or, possibly, in death to one of the parties, which, on his side, carried with it no palliations from any provocation received, or from wrong and insult, in any form, sustained: these, in an aggravated shape, could be pleaded by my friend, but with no opening for retaliatory pleas on the part of the magistrate. That name, again, of magistrate, increased his offence and pointed its moral: he, a conservator of the laws—he, a dispenser of equity, sitting even at the very moment on the judgment seat—he to have commenced a brawl, nay to have fastened a quarrel upon a man even then of some consideration and of high promise; a quarrel which finally tended to this result—shoot or be shot. That commissioner's situation and state of mind, for the succeeding night, were certainly not enviable: like Southey's erring painter, who had yielded to the temptation of the subtle fiend,

      With repentance his only companion he lay;

      And a dismal companion is she.

      Meantime, my friend—what was his condition; and how did he pass the interval? I have heard him feelingly describe the misery, the blank anguish of this memorable night. Sometimes it happens that a man's conscience is wounded; but this very wound is the means, perhaps, by which his feelings are spared for the present: sometimes his feelings are lacerated; but this very laceration makes the ransom for his conscience. Here, on the contrary, his feelings and his happiness were dimmed by the very same cause which offered pain and outrage to his conscience. He was, upon principle, a hater of duelling. Under any circumstances, he would have condemned the man who could, for a light cause, or almost for the weightiest, have so much as accepted a challenge. Yet, here he was positively offering a challenge; and to whom? To a man whom he scarcely knew by sight; whom he had never spoken to until this unfortunate afternoon; and towards whom (now that the momentary excitement of anger had passed away) he felt no atom of passion or resentment whatsoever. As a free 'unhoused' young man, therefore, had he been such, without ties or obligations in life, he would have felt the profoundest compunction at the anticipation of any serious injury inflicted upon another man's hopes or happiness, or upon his own. But what was his real situation? He was a married man, married to the woman of his choice within a very few years: he was also a father, having one most promising son, somewhere about three years old. His young wife and his son composed his family; and both were dependent, in the most absolute sense, for all they possessed or they expected—for all they had or ever could have—upon his own exertions. Abandoned by him, losing him, they forfeited, in one hour, every chance of comfort, respectability, or security from scorn and humiliation. The mother, a woman of strong understanding and most excellent judgment—good and upright herself—liable, therefore, to no habit of suspicion, and constitutionally cheerful, went to bed with her young son, thinking no evil. Midnight came, one, two o'clock; mother and child had long been asleep; nor did either of them dream of that danger which even now was yawning under their feet. The barrister had spent the hours from ten to two in drawing up his will, and in writing such letters as might have the best chance, in case of fatal issue to himself, for obtaining some aid to the desolate condition of those two beings whom he would leave behind, unprotected and without provision. Oftentimes he stole into the bedroom, and gazed with anguish upon the innocent objects of his love; and, as his conscience now told him, of his bitterest perfidy. 'Will you then leave us? Are you really going to betray us? Will you deliberately consign us to life-long poverty, and scorn, and grief?' These affecting apostrophes he seemed, in the silence of the night, to hear almost with bodily ears. Silent reproaches seemed written upon their sleeping features; and once, when his wife suddenly awakened under the glare of the lamp which he carried, he felt the strongest impulse to fly from the room; but he faltered, and stood rooted to the spot. She looked at him smilingly, and asked why he was so long in coming to bed. He pleaded an excuse, which she easily admitted, of some law case to study against the morning, or some law paper to draw. She was satisfied; and fell asleep again. He, however, fearing, above all things, that he might miss the time for his appointment, resolutely abided by his plan of not going to bed; for the meeting was to take place at Chalk Farm, and by half-past five in the morning: that is, about one hour after sunrise. One hour and a half before this time, in the gray dawn, just when the silence of Nature and of mighty London was most absolute, he crept stealthily, and like a guilty thing, to the bedside of his sleeping wife and child; took, what he believed might be his final look of them: kissed them softly; and, according to his own quotation from Coleridge's Remorse,

      In agony that could not be remembered;

      and a conflict with himself that defied all rehearsal, he quitted his peaceful cottage at Chelsea in order to seek for the friend who had undertaken to act as his second. He had good reason, from what he had heard on the night before, to believe his antagonist an excellent shot; and, having no sort

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