we have seen that france has ever held out an example in duelling; and the rules which were established in that country, at various periods, to regulate these hostile meetings, have generally been considered as precedents in other countries; more especially on the continent of europe.
the french admit three sorts of offences: 1st, a simple offence; 2nd, an offence of an insulting nature; and, 3rd, an offence with personal acts of violence. in these cases, they have established the following rules; which, indeed, so long as duelling is tolerated, may be considered most judicious, and such as should regulate the arrangements of all quarrels.
1. if in the course of a discussion an offence is offered, the person who has been offended is the injured party. if this injury is followed by a blow, unquestionably the party that has been struck is the injured one. to return one blow 275 by another of a more serious nature,—severely wounding, for instance, after a slap in the face,—does not constitute the person who received the second blow, however severe it may have been, the party originally insulted. in this case, satisfaction may be demanded by the party that was first struck. such a case must be referred to the chances of a meeting.
2. if an insult follows an unpolite expression,—if the aggressor considers himself offended, or if the person who has received the insult, considers himself insulted,—the case must also be referred to a meeting.
3. if in the course of a discussion, during which the rules of politeness have not been transgressed, but in consequence of which, expressions have been made use of, which induce one of the party to consider himself offended, the man who demands satisfaction cannot be considered the aggressor, or the person who gives it the offender. this case must also be submitted to the trial of chance.
4. but if a man sends a message, without a sufficient cause, in this case he becomes the aggressor; and the seconds, before they allow a meeting to take place, must insist upon a sufficient reason being manifestly shown.
5. a son may espouse the cause of his father, if he is too aged to resent an insult, or if the age of the aggressor is of great disparity; but a 276 son cannot espouse the quarrel of his father if he has been the aggressor.21
6. there are offences of such a galling nature, that they may lead the insulted party to have recourse to acts of violence. such acts ought invariably to be avoided, as they can only tend to a mortal combat.
7. the offended party has the choice of arms.22
8. when the offence has been of a degrading nature, the offended has the right to name both arms and duel.23
9. when the offence has been attended by acts of violence, the offended party has the right to name his duel, his arms, the distance, and may insist upon the aggressor not using his own arms, to which he may have become accustomed by practice; but in this case, the offended party must also use weapons in which he is not practised.
10. there are only three legal arms: 1st, the 277 sword; 2nd, the sabre; 3rd, the pistol. the sabre may be refused even by the aggressor, especially if he is a retired officer; but it may be always objected to by a civilian.
11. when a challenge is sent, or a meeting demanded, the parties have a mutual right to the name and address of each other.
12. the parties should immediately after seek their seconds, sending to each other the names and addresses of their seconds.24
13. honour can never be compromised by the offending party admitting that they were in the wrong. if the apology of the offending party is deemed sufficient by the seconds of the offended; if the seconds express their satisfaction and are ready to affirm this opinion in writing; or if the offender has tendered a written apology, considered of a satisfactory nature;—in such a case, the party that offers to apologise ceases to be the offender; and if his adversary persists, the arms must be decided by drawing lots. however, no apology can be received after a blow. an amicable arrangement of a quarrel should take place before the parties meet on the 278 ground, unless circumstances prevent a prior interview. howbeit, if when upon the ground, and even when armed, one of the parties thinks proper to apologise, and the seconds of the offended party are satisfied, it is only the party that tenders the apology upon whom any future unfavourable reflections can be cast.
14. if the seconds of the offending party come to the ground with an apology, instead of bringing forward their principal, it is only to them that blame can be attached, as the honour of their principal was placed in their hands.
15. no challenge can be sent by collective parties. if any body or society of men have received an insult, they can only send an individual belonging to it to demand satisfaction. a message collectively sent, may be refused; but the challenged party may select an antagonist, or leave the nomination to chance.
16. all duels should take place during the forty-eight hours that have succeeded the offence, unless it is otherwise stipulated by the seconds.25
17. in a duel with pistol or sabre, two seconds to each combatant are indispensable: one will suffice when the sword is used. 279
18. it is the duty of the seconds to decide upon the necessity of the duel, and to state their opinions to their principals. after having consulted with them in such a manner as not to allow any chance of avoiding a duel to escape, they must again meet, and exert their best endeavours to settle the business amicably. if they fail in this attempt, they must then decide upon arms, time, place, distance, and mode of fighting; and at the same time they must endeavour to come to some arrangement regarding any difficulties that might arise, when the parties are on the ground.
19. seconds are not witnesses; and each second should have a witness.26
20. no second, or witness, shall become a principal on the spot. any insult received by them constitutes a fresh offence.
21. the seconds should not remain more than ten minutes on the ground without a combat.
22. the seconds in a duel with swords, may request that the offended party shall be allowed to ward off a lounge with the left hand. this, however, may be refused by the seconds of the aggressor.
23. the seconds of the aggressor may, if they think proper, refuse to fire by signal, if the aggressor had not struck his antagonist. 280
24. the seconds must determine whether the combatants in sword duels shall be allowed to take breath.
25. the seconds will also decide (without acquainting their principals of this decision), whether the parties are to be separated after the first wound. in this arrangement, they will be guided by the nature of the quarrel.
26. they will also decide whether a fencing-glove, or any other article to wrap round the hand, is to be allowed; a string,27 or a common glove, are always allowed.
27. the seconds are never to let their principals know that they are of opinion that the nature of the insult received is such as to render a mortal combat necessary.
28. the seconds may refuse the sword if the principal is unable to use it from any infirmity, unless the offended party has received a personal injury.
29. the seconds of a person blind of one eye, may object to the pistol, unless the aggressor had struck him.
30. the sword or sabre may be declined by the seconds of a person with only one leg or arm.
31. the seconds of a young man shall not allow him to fight an adversary above sixty years of age, unless this adversary had struck him; and, in this case, his challenge must be accepted 281 in writing. his refusal to comply with this rule is tantamount to a refusal to give satisfaction, and the young man’s honour is thereby satisfied.
32. if any unfair occurrence takes place in a duel, it is the duty of the seconds to commit the circumstance to paper, and follow it up before the competent tribunals, when they are bound in honour to give true evidence.
33. it is the duty of seconds to separate the combatants the very moment that the stipulated rules are transgressed.
34. a father, a brother, a son, or any relation in the first degree, cannot serve as second, for or against his relative.
35. in sword duels, the seconds will mark the standing spot of each combatant, leaving a distance of two feet between the points of their weapons. the standing ground to be drawn for by lots.
36. the swords must be measured to ascertain that they are of equal length. in no instance must a sword with a sharp edge or a notch be allowed.
37. the combatants will be requested to throw off their coats, and to lay bare their breasts, to show that they do not wear any defence that could ward off a thrust. a refusal to submit to this proposal is to be considered a refusal to fight. 282
38. the offended party can always use his own weapons, if they are considered of a description fitting the combat. if, on comparing arms, the swords should be found to differ, the choice must be decided by chance, unless the disproportion is of a material nature.
39. when the hand is wrapped up in a handkerchief, an end of it is not to be allowed to hang down: should the party refuse to draw it up, the seconds may insist that he throws it off altogether, and is only allowed a sword-knot.28 if fencing-gloves are allowed, and one party declines their use, the other is not to be deprived of them; but, if only one glove has been brought to the ground, it cannot be used.
40. when the combatants are on the ground, the seconds are to explain to them all the stipulated arrangements, that they may not deviate from them on the plea of ignorance. this being done, the signal of attack is given in the word “go” (allez); but, if before this signal, the parties have already crossed swords, the signal is not necessary; but the first who advanced without it is liable to censure.
41. the seconds shall hold a sword or a cane, bearing the point downwards, and, standing close to each combatant, be prepared to stop the combat 283 the moment that the rules agreed upon are transgressed.
42. unless previously stipulated, neither of the combatants shall be allowed to turn off the sword of his adversary with the left hand: should a combatant persist in thus using his left hand, the seconds of his adversary may insist that the hand shall be confined behind his back.
43. in a sword duel, the combatants are allowed to raise themselves, to stoop, to vault to the right or to the left, and turn round each other.
44. when one of the combatants exclaims that he is wounded, or that a wound is perceived by his second, the combat is to be stopped; with the consent of the wounded man, the combat may be renewed.
45. if the wounded man, although the combat is ordered to be stopped, shall continue to press upon his adversary with precipitation, this act is tantamount to his desire to continue the conflict, but he must be stopped and reprimanded. if, under similar circumstances, the combatant that is not wounded continues to press on his antagonist, although ordered to stop by the seconds, he must immediately be checked by them, and considered as having infringed the stipulated rules.
46. when a second raises his sword or cane, it must be considered as the signal to stop; 284 in such cases, the other second shall cry out “stop,” when the parties must recede one step, still remaining in guard.
47. in pistol duels the nearest distance should be fifteen paces. the sight of the pistol should be fixed, and not more than fifteen lines difference be allowed in the length the barrel: it is also desirable that the barrel should not be rifled, and that the pistols should be of a similar description.
48. the stand of each combatant to be decided by lot.
49. it is desirable that the same pair of pistols be used by both parties.
50. the seconds shall load the pistols with the most scrupulous care, and in the presence of each other. if one pair of pistols is used, each second will use a similar charge, by allowing the other to try the charge with a ramrod, or by loading in the presence of four witnesses.29
51. the combatants must be placed on the ground by their respective seconds; if thirty-five 285 paces have been fixed upon, the offended party has a right to the first fire; if only fifteen paces are marked, the first fire must be decided by drawing lots.
52. the seconds have a right to ascertain that the principals do not carry any defence about their persons. a refusal to submit to this examination is to be considered as a refusal to fight.
53. the seconds of both parties shall stand together; having taken their ground, they first command, “make ready,” which is followed by the word “fire.”
54. a miss-fire is considered a shot, unless stipulation to the contrary has been made.
55. if one of the party is wounded, he may fire upon his antagonist, but not after the expiration of two minutes.
56. when both parties have fired without effect, the pistols are to be reloaded in the same manner as before.
57. in the pistol duel à volonté, the seconds are to mark out the ground, at a distance of thirty-five to forty paces; two lines are then to be traced between these two distances, leaving an interval of from twenty to fifteen paces. thus each combatant can advance ten paces.
58. the ground being taken, one of the seconds, drawn by lot, gives the word “march.”
59. the combatants then advance upon each 286 other, if they think proper, holding their pistols vertically while advancing; but they may level the weapons and take aim on halting, although they may not fire at the time, but continue to march on unto the line of separation marked with a cane or a handkerchief, where they must stop and fire. but, although one of the parties may thus advance to the limits, his antagonist is not obliged to move on, whether he has received the fire of his antagonist, or reserved his own.
60. the moment one of the combatants has fired, he must halt upon the spot, and stand firmly to receive the fire of his adversary, who is not, however, allowed more than one minute to advance and fire, or to fire from the ground he stands on.
61. the wounded party is allowed one minute to fire upon his antagonist from the moment he is hit; but if he has fallen on the ground, he will be allowed two minutes to recover.
62. in this form of duel, a pair of pistols may be allowed each combatant; but this is only allowed when one of the parties has received a blow.30 in these cases, a pistol of a different pair is to be given to each combatant. the affair 287 cannot be considered terminated, unless the four pistols have been discharged.
63. when four pistols are used, if one of the party is wounded, the contest must cease, and the wounded man not be allowed to fire, as it is evident that his antagonist, who might remain with a loaded pistol, would have an unfair advantage over him in a cool deliberate fire.
64. when one of the parties is wounded, the affair must be considered ended, even though the wounded party should express his wish to proceed, unless the seconds consider him in a fit state to continue the combat.
65. in the pistol duel called à marche interrompue, a distance of forty-five or fifty paces is measured, and two lines are traced and marked between the distance of fifteen to twenty paces. thus the combatants may advance fifteen paces.
66. on the word “march,” the combatants may advance in a zigzag step, not exceeding two paces. they may take aim without firing; and while advancing stop when they choose, and advance again; but once having fired, both parties must halt on the spot.
67. the combatant who has not fired, may now fire, but without advancing; and the party who has fired, must firmly stand the fire of his antagonist, who for that purpose is allowed half a minute; if he allows a longer time to elapse, he must be disarmed by the seconds. 288
68. in the pistol duel, called à ligne parallèle, two parallel lines are traced by the seconds fifteen paces from each other, and from thirty-five to twenty-five paces in length.
69. the combatants are placed at the extremity of each line, fronting each other.
70. the seconds stand behind their principals in a situation that may not expose them to the fire of the parties. the signal is given by the word “march.”
71. the combatants then advance, not upon each other, but in the direction of the line that has been traced for them; and, therefore, whether one of the adversaries has advanced or not, he will, find himself placed at fifteen paces from the other.
72. the champion who fires must stop; but he may halt without firing, take aim, and continue to advance.
73. in the pistol duel called au signal, the signal is to be given by the second of the offended party by three claps on the hand, three seconds being counted between each clap, which will take up nine seconds; or two seconds, which will take up six seconds. in other cases, the seconds draw lots for giving the signal.
74. the combatants, when they have received their arms, are to walk, but keep the muzzles of the pistols pointing to the ground; at the first 289 signal they will raise their arms, take aim at the second signal, and fire simultaneously at the third.
75. if one of the combatants fires before the third signal, or half a second after it, he is to be considered as a dishonourable man, and, if his antagonist is killed, an assassin; and if he fires before the signal without effect, his opponent has a right to take as much time as he thinks proper to level at him and shoot him.
76. if one of the parties has fired agreeably to the stipulated signal, and his antagonist has dishonourably reserved his fire, it is the duty of the seconds, at all risk and peril, to rush upon him and disarm him. in this case, the party who had observed the rules has a right to demand another duel of a different form.
77. the second who is to give the signal, should warn the combatants of the nature of the signal, in a loud and audible voice, in the following words: “recollect, gentlemen, that honour demands that you should only fire upon the third signal being given; that you are not to raise your arm until the first signal, and not to fire until the third. i am now going to give the signals, which will consist of three claps on the hand.”
78. in the duel with sabres, the seconds should endeavour to have it fought with short sabres, these arms being less fatal than the long ones. 290
79. the ground taken, the antagonists are to be placed opposite each other, at the distance of one foot from their sabre points.
80. in general these duels are fought with cuff-gloves; but, otherwise, the parties may wrap a handkerchief round their hand and wrist, provided that no end is allowed to hang down.
81. in regiments, the regimental sabre is to be the arm selected, provided that they are of the same length, and mounted in the same manner. the same precautionary steps are to be adopted as in a sword duel, to ascertain that no defence is worn by either party.
82. the signal of “allez” (go) having been given, the combatants advance on each other, and either give point or cut, vaulting, advancing, or retreating at pleasure.
83. to strike an adversary when disarmed, to seize his arm, his body, or his weapon, is a foul proceeding. a combatant is disarmed when his sabre is either wrenched from him or dropped.
84. in sabre duels in which the point of the arm is not to be used, sabres without a point are to be chosen. to give point and kill an adversary by the infringement of this rule, is to be considered an assassination. these duels should always be considered terminated on the first loss of blood.
in addition to these regular duels, the french 291 have what they call duels exceptionnels; in which cases, which are of very rare occurrence, the combat may take place either on foot or on horseback, with carbine, musket, or pistol; but no one is obliged in honour to accept such challenges, and the conditions of the combat are to be specified in writing before it can take place.
in the combat on horseback the seconds are also to be mounted, and the combatants placed at twenty-five paces’ distance from each other; with the carbine, at sixty paces; with the musket and on foot, at one hundred paces, and advance to sixty: the parties fire and reload at will, until they reach the limits pointed out.
in many instances the french place the combatants back to back, to face about and fire at the given signal.
duels are occasionally fought in which only one pistol is loaded; in which case it is no easy matter to procure a second. the following is the murderous practice:—arrived on the ground, the seconds of the parties withdraw at least to a distance of fifty paces from the spot fixed upon for the assassination. they load one pistol, but prime them both; they then beckon the combatants to come for their pistols. the second who is to load the weapons, and who has been selected by lot, gives them to the other second, who places them in the hands of the principals, the choice having been also decided by chance; the 292 second holding both pistols behind his back, and the parties crying right or left. this being done, the two seconds who had delivered the arms, and who are armed themselves, advance within three paces of the combatants; the other seconds stand at a distance of twenty paces.
the seconds then read to the combatants the stipulation of the meeting, and give to each of them the end of a handkerchief to hold, after having made them strip off their coats, and ascertained that they wear no defence.
the signal is given by one clap of the hand: if the party having the unloaded pistol fires before the signal, or rather burns priming, his adversary has a right to blow out his brains; but if the lucky drawer of the loaded pistol fires before the signal, and kills his antagonist, he is an assassin, and the seconds are bound to prosecute him before the competent tribunals.
the french practise another mode of duelling with pistols, which may be considered as less calculated to cause a fatal result. this they call duel à marche non interrompue et à ligne parallèle.
arrived on the ground, two parallel lines of thirty-five paces in length are traced at a distance of twenty-five paces: the standing is drawn by lot, as well as the choice of arms, which must be unknown to the parties. the combatants are then placed by their seconds at the extremity of each line, facing each other. at the word 293 “march,” the combatants advance on the traced line; in following which they cannot approach each other nearer than twenty-five paces. they are not allowed to halt, but must advance simultaneously: they are also to fire without stopping, and, after firing, to march on to the extremity of their line. if one of the parties is wounded before firing, he has only the time to fire which his opponent may take in reaching the limits prescribed. if neither of the parties are hit, the duel must terminate without further proceedings.
the preceding rules, which are founded upon long experience in this fatal practice, have been sanctioned by twenty-five general officers, eleven peers of france, and fifty officers of rank. the minister of war, who could not consistently with his public duties affix his signature to the document, gave his approbation in an official letter, and the majority of the prefects equally sanctioned the regulation.
