"Order a court-martial to try the two officers. Investigate the subject of their dispute with that impartiality which I demand from every judge; and he that is guilty, let him be a sacrifice to his fate and the laws.

"Such a barbarous custom, which suits the age of the Tamerlanes and Bajazets, and which has often had such melancholy effects on single families, I will have suppressed and punished, even if it should deprive me of one half of my officers. There are still men who know how to unite the character of a hero with that of a good subject; and he only can be so who respects the laws.

"JOSEPH."

"August 1771."

[Vide the Letters of Joseph II to distinguished Princes and Statesmen, published for the first time in England in "The Pamphleteer" for 1821.

They were originally published in Germany a few years previously, and throw a great light upon the character of that monarch and the events of his reign.]

In the United States of America the code varies considerably. In one or two of the still wild and simple States of the Far West, where no duel has yet been fought, there is no specific law upon the subject beyond that in the Decalogue, which says, "Thou shalt do no murder." But duelling everywhere follows the steps of modern civilization, and by the time the backwoodsman is transformed into the citizen, he has imbibed the false notions of honour which are prevalent in Europe, and around him, and is ready, like his progenitors, to settle his differences with the pistol. In the majority of the States the punishment for challenging, fighting, or acting as second, is solitary imprisonment and hard labour for any period less than a year, and disqualification for serving any public office for twenty years. In Vermont the punishment is total disqualification for office, deprivation of the rights of citizenship, and a fine; in fatal cases, the same punishment as that of murderers. In Rhode Island, the combatant, though death does not ensue, is liable to be carted to the gallows, with a rope about his neck, and to sit in this trim for an hour, exposed to the peltings of the mob. He may be further imprisoned for a year, at the option of the magistrate.

In Connecticut the punishment is total disqualification for office or employ, and a fine, varying from one hundred to a thousand dollars. The laws of Illinois require certain officers of the state to make oath, previous to their instalment, that they have never been, nor ever will be, concerned in a duel. ["Encyclopedia Americana," art. Duelling.]

Amongst the edicts against duelling promulgated at various times in Europe, may be mentioned that of Augustus King of Poland, in 1712, which decreed the punishment of death against princ.i.p.als and seconds, and minor punishments against the bearers of a challenge. An edict was also published at Munich, in 1773, according to which both princ.i.p.als and seconds, even in duels where no one was either killed or wounded, should be hanged, and their bodies buried at the foot of the gallows. The King of Naples issued an ordinance against duelling in 1838, in which the punishment of death is decreed against all concerned in a fatal duel. The bodies of those killed, and of those who may be executed in consequence, are to be buried in unconsecrated ground, and without any religious ceremony; nor is any monument to be erected on the spot. The punishment for duels in which either, or both, are wounded, and for those in which no damage whatever is done, varies according to the case, and consists of fine, imprisonment, loss of rank and honours, and incapacity for filling any public situation. Bearers of challenges may also be punished with fine and imprisonment.

It might be imagined that enactments so severe all over the civilized world would finally eradicate a custom, the prevalence of which every wise and good man must deplore. But the frowns of the law never yet have taught, and never will teach, men to desist from this practice, as long as it is felt that the lawgiver sympathises with it in his heart. The stern judge upon the bench may say to the unfortunate wight who has been called a liar by some unmannerly opponent, "If you challenge him, you meditate murder, and are guilty of murder!" but the same judge, divested of his robes of state, and mixing in the world with other men, would say, "If you do not challenge him, if you do not run the risk of making yourself a murderer, you will be looked upon as a mean-spirited wretch, unfit to a.s.sociate with your fellows, and deserving nothing but their scorn and their contempt!" It is society, and not the duellist, who is to blame. Female influence, too, which is so powerful in leading men either to good or to evil, takes, in this case, the evil part. Mere animal bravery has, unfortunately, such charms in the female eye, that a successful duellist is but too often regarded as a sort of hero; and the man who refuses to fight, though of truer courage, is thought a poltroon, who may be trampled on. Mr. Graves, a member of the American Legislature, who, early in 1838, killed a Mr. Cilley in a duel, truly and eloquently said, on the floor of the House of Representatives, when lamenting the unfortunate issue of that encounter, that society was more to blame than he was. "Public opinion," said the repentant orator, "is practically the paramount law of the land. Every other law, both human and divine, ceases to be observed; yea, withers and perishes in contact with it. It was this paramount law of this nation, and of this House, that forced me, under the penalty of dishonour, to subject myself to the code, which impelled me unwillingly into this tragical affair. Upon the heads of this nation, and at the doors of this House, rests the blood with which my unfortunate hands have been stained!"

As long as society is in this mood; as long as it thinks that the man who refuses to resent an insult, deserved that insult, and should be scouted accordingly, so long, it is to be feared, will duelling exist, however severe the laws may be. Men must have redress for injuries inflicted, and when those injuries are of such a nature that no tribunal will take cognizance of them, the injured will take the law into their own hands, and right themselves in the opinion of their fellows, at the hazard of their lives. Much as the sage may affect to despise the opinion of the world, there are few who would not rather expose their lives a hundred times than be condemned to live on, in society, but not of it--a by-word of reproach to all who know their history, and a mark for scorn to point his finger at.

The only practicable means for diminishing the force of a custom which is the disgrace of civilization, seems to be the establishment of a court of honour, which should take cognizance of all those delicate and almost intangible offences which yet wound so deeply. The court established by Louis XIV might be taken as a model. No man now fights a duel when a fit apology has been offered, and it should be the duty of this court to weigh dispa.s.sionately the complaint of every man injured in his honour, either by word or deed, and to force the offender to make a public apology. If he refused the apology, he would be the breaker of a second law; an offender against a high court, as well as against the man he had injured, and might be punished with fine and imprisonment, the latter to last until he saw the error of his conduct, and made the concession which the court demanded.

If, after the establishment of this tribunal, men should be found of a nature so bloodthirsty as not to be satisfied with its peaceful decisions, and should resort to the old and barbarous mode of an appeal to the pistol, some means might be found of dealing with them. To hang them as murderers would be of no avail; for to such men death would have few terrors. Shame alone would bring them to reason. The following code, it is humbly suggested to all future legislators upon the subject, would, in conjunction with the establishment of a court of honour, do much towards eradicating this blot from society. Every man who fought a duel, even though he did not wound his opponent, should be tried, and, upon proof of the fact, be sentenced to have his right hand cut off.

The world would then know his true character as long as he lived. If his habits of duelling were so inveterate, and he should learn to fire a pistol with his left hand, he should, upon conviction of a second offence, lose that hand also. This law, which should allow no commutation of the punishment, under any circ.u.mstances, would lend strength and authority to the court of honour. In the course of a few years duelling would be ranked amongst exploded follies, and men would begin to wonder that a custom so barbarous and so impious had ever existed amongst them.

THE LOVE OF THE MARVELLOUS AND THE DISBELIEF OF THE TRUE.

"Well, son John," said the old woman, "and what wonderful things did you meet with all the time you were at sea?"--"Oh! mother," replied John, "I saw many strange things."--"Tell us all about them," replied his mother, "for I long to hear your adventures."--"Well, then," said John, "as we were sailing over the Line, what do you think we saw?"--"I can't imagine," replied his mother.--"Well, we saw a fish rise out of the sea, and fly over our ship!" "Oh! John! John! what a liar you are!" said his mother, shaking her head, and smiling incredulously. "True as death?

said John; "and we saw still more wonderful things than that."--"Let us hear them," said his mother, shaking her head again; "and tell the truth, John, if you can."--"Believe it, or believe it not, as you please," replied her son; "but as we were sailing up the Red Sea, our captain thought he should like some fish for dinner; so he told us to throw our nets, and catch some."--"Well," inquired his mother, seeing that he paused in his story. "Well," rejoined her son, "we did throw them, and, at the very first haul, we brought up a chariot-wheel, made all of gold, and inlaid with diamonds!" "Lord bless us!" said his mother, "and what did the captain say?"--"Why, he said it was one of the wheels of Pharaoh's chariot, that had lain in the Red Sea ever since that wicked King was drowned, with all his host, while pursuing the Israelites."--"Well, well," said his mother, lifting up her hands in admiration; "now, that's very possible, and I think the captain was a very sensible man. Tell me such stories as that, and I'll believe you; but never talk to me of such things as flying fish! No, no, John, such stories won't go down with me, I can a.s.sure you!"

Such old women as the sailor's mother, in the above well-known anecdote, are by no means rare in the world. Every age and country has produced them. They have been found in high places, and have sat down among the learned of the earth. Instances must be familiar to every reader in which the same person was willing, with greedy credulity, to swallow the most extravagant fiction, and yet refuse credence to a philosophical fact. The same Greeks who believed readily that Jupiter wooed Leda in the form of a swan, denied stoutly that there were any physical causes for storms and thunder, and treated as impious those who attempted to account for them on true philosophical principles.

The reasons that thus lead mankind to believe the marvellously false, and to disbelieve the marvellously true, may be easily gathered. Of all the offspring of Time, Error is the most ancient, and is so old and familiar an acquaintance, that Truth, when discovered, comes upon most of us like an intruder, and meets the intruder's welcome. We all pay an involuntary homage to antiquity--a "blind homage," as Bacon calls it in his "Novum Organum," which tends greatly to the obstruction of truth.

To the great majority of mortal eyes, Time sanctifies everything that he does not destroy. The mere fact of anything being spared by the great foe makes it a favourite with us, who are sure to fall his victims. To call a prejudice "time-hallowed," is to open a way for it into hearts where it never before penetrated. Some peculiar custom may disgrace the people amongst whom it flourishes; yet men of a little wisdom refuse to aid in its extirpation, merely because it is old. Thus it is with human belief, and thus it is we bring shame upon our own intellect.

To this cause may be added another, also mentioned by Lord Bacon--a misdirected zeal in matters of religion, which induces so many to decry a newly-discovered truth, because the Divine records contain no allusion to it, or because, at first sight, it appears to militate, not against religion, but against some obscure pa.s.sage which has never been fairly interpreted. The old woman in the story could not believe that there was such a creature as a flying-fish, because her Bible did not tell her so, but she believed that her son had drawn up the golden and bejewelled wheel from the Red Sea, because her Bible informed her that Pharaoh was drowned there.

Upon a similar principle the monks of the inquisition believed that the devil appeared visibly among men, that St. Anthony pulled his nose with a pair of red-hot pincers, and that the relics of the saints worked miracles; yet they would not believe Galileo, when he proved that the earth turned round the sun.

Keppler, when he a.s.serted the same fact, could gain no bread, and little credence; but when he pretended to tell fortunes and cast nativities, the whole town flocked to him, and paid him enormous fees for his falsehood.

When Roger Bacon invented the telescope and the magic-lantern, no one believed that the unaided ingenuity of man could have done it; but when some wiseacres a.s.serted that the devil had appeared to him, and given him the knowledge which he turned to such account, no one was bold enough to a.s.sert that it was improbable. His hint that saltpetre, sulphur, and charcoal, mixed in certain proportions, would produce effects similar to thunder and lightning, was disregarded or disbelieved; but the legend of the brazen head which delivered oracles, was credited for many ages.

[G.o.dwin, in his "Lives of the Necromancers," gives the following version of this legend. Friar Bacon and Friar Bungay entertained the project of enclosing England with a wall, so as to render it inaccessible to any invader. They accordingly raised the devil, as the person best able to inform them how this was to be done. The devil advised them to make a brazen head, with all the internal structure and organs of a human head.

The construction would cost them much time, and they must wait with patience till the faculty of speech descended upon it. Finally, however, it would become an oracle, and, if the question were propounded to it, would teach them the solution of their problem. The friars spent seven years in bringing the subject to perfection, and waited day after day in expectation that it would utter articulate sounds. At length nature became exhausted in them, and they lay down to sleep, having first given it strictly in charge to a servant of theirs, clownish in nature, but of strict fidelity, that he should awaken them the moment the image began to speak. That period arrived. The head uttered sounds, but such as the clown judged unworthy of notice. "Time is!" it said. No notice was taken, and a long pause ensued. "Time was!"--a similar pause, and no notice. "Time is pa.s.sed!" The moment these words were uttered, a tremendous storm ensued, with thunder and lightning, and the head was shivered into a thousand pieces. Thus the experiment of Friar Bacon and Friar Bungay came to nothing.]

Solomon De Cans, who, in the time of Cardinal Richelieu, conceived the idea of a steam-engine, was shut up in the Bastille as a madman, because the idea of such an extraordinary instrument was too preposterous for the wise age that believed in all the absurdities of witchcraft.

When Harvey first proved the circulation of the blood, every tongue was let loose against him. The thing was too obviously an imposition, and an attempt to deceive that public who believed that a king's touch had power to cure the scrofula. That a dead criminal's hand, rubbed against a wen, would cure it, was reasonable enough; but that the blood flowed through the veins was beyond all probability.

In our own day, a similar fate awaited the beneficent discovery of Dr.

Jenner. That vaccination could abate the virulence of, or preserve from, the smallpox, was quite incredible; none but a cheat and a quack could a.s.sert it: but that the introduction of the vaccine matter into the human frame could endow men with the qualities of a cow, was quite probable. Many of the poorer people actually dreaded that their children would grow hairy and horned as cattle, if they suffered them to be vaccinated.

The Jesuit, Father Labat, the shrewd and learned traveller in South America, relates an experiment which he made upon the credulity of some native Peruvians. Holding a powerful lens in his hand, and concentrating the rays of the sun upon the naked arm of an admiring savage, he soon made him roar with pain. All the tribe looked on, first with wonder, and then with indignation and wonder both combined. In vain the philosopher attempted to explain the cause of the phenomenon--in vain he offered to convince them that there was nothing devilish in the experiment--he was thought to be in league with the infernal G.o.ds to draw down the fire from Heaven, and was looked upon, himself, as an awful and supernatural being. Many attempts were made to gain possession of the lens, with the view of destroying it, and thereby robbing the Western stranger of the means of bringing upon them the vengeance of his deities.

Very similar was the conduct of that inquiring Brahmin, which is related by Forbes in his Oriental Memoirs. The Brahmin had a mind better cultivated than his fellows; he was smitten with a love for the knowledge of Europe--read English books--pored over the pages of the Encyclopedia, and profited by various philosophical instruments; but on religious questions the Brahmin was firm to the faith of his caste and the doctrine of the Metempsychosis. Lest he might sacrilegiously devour his progenitors, he abstained from all animal food; and thinking that he ate nothing which enjoyed life, he supported himself, like his brethren, upon fruits and vegetables. All the knowledge that did not run counter to this belief, he sought after with avidity, and bade fair to become the wisest of his race. In an evil hour, his English friend and instructor exhibited a very powerful solar microscope, by means of which he showed him that every drop of water that he drank teemed with life--that every fruit was like a world, covered with innumerable animalculae, each of which was fitted by its organization for the sphere in which it moved, and had its wants, and the capability of supplying them as completely as visible animals millions of times its bulk. The English philosopher expected that his Hindoo friend would be enraptured at the vast field of knowledge thus suddenly opened out to him, but he was deceived. The Brahmin from that time became an altered man--thoughtful, gloomy, reserved, and discontented. He applied repeatedly to his friend that he would make him a present of the microscope; but as it was the only one of its kind in India, and the owner set a value upon it for other reasons, he constantly refused the request, but offered him the loan of it for any period he might require.

But nothing short of an unconditional gift of the instrument would satisfy the Brahmin, who became at last so importunate that the patience of the Englishman was exhausted, and he gave it him. A gleam of joy shot across the care-worn features of the Hindoo as he clutched it, and bounding with an exulting leap into the garden, he seized a large stone, and dashed the instrument into a thousand pieces. When called upon to explain his extraordinary conduct, he said to his friend, "Oh that I had remained in that happy state of ignorance wherein you first found me!

Yet will I confess that, as my knowledge increased, so did my pleasure, until I beheld the last wonders of the microscope; from that moment I have been tormented by doubt and perplexed by mystery: my mind, overwhelmed by chaotic confusion, knows not where to rest, nor how to extricate itself from such a maze. I am miserable, and must continue to be so, until I enter on another stage of existence. I am a solitary individual among fifty millions of people, all educated in the same belief with myself--all happy in their ignorance! So may they ever remain! I shall keep the secret within my own bosom, where it will corrode my peace and break my rest. But I shall have some satisfaction in knowing that I alone feel those pangs which, had I not destroyed the instrument, might have been extensively communicated, and rendered thousands miserable! Forgive me, my valuable friend! and oh, convey no more implements of knowledge and destruction!"

Many a learned man may smile at the ignorance of the Peruvian and the Hindoo, unconscious that he himself is just as ignorant and as prejudiced. Who does not remember the outcry against the science of geology, which has hardly yet subsided? Its professors were impiously and absurdly accused of designing to "hurl the Creator from his throne."

They were charged with sapping the foundations of religion, and of propping atheism by the aid of a pretended science.

The very same principle which leads to the rejection of the true, leads to the encouragement of the false. Thus we may account for the success which has attended great impostors, at times when the truth, though not half so wondrous as their impositions, has been disregarded as extravagant and preposterous. The man who wishes to cheat the people, must needs found his operations upon some prejudice or belief that already exists. Thus the philosophic pretenders who told fortunes by the stars cured all diseases by one nostrum, and preserved from evil by charms and amulets, ran with the current of popular belief. Errors that were consecrated by time and long familiarity, they heightened and embellished, and succeeded to their hearts' content; but the preacher of truth had a foundation to make as well as a superstructure, a difficulty which did not exist for the preacher of error. Columbus preached a new world, but was met with distrust and incredulity; had he preached with as much zeal and earnestness the discovery of some valley in the old one, where diamonds hung upon the trees, or a herb grew that cured all the ills incidental to humanity, he would have found a warm and hearty welcome--might have sold dried cabbage leaves for his wonderful herb, and made his fortune.

In fact, it will be found in the history of every generation and race of men, that whenever a choice of belief between the "Wondrously False"

and the "Wondrously True" is given to ignorance or prejudice, that their choice will be fixed upon the first, for the reason that it is most akin to their own nature. The great majority of mankind, and even of the wisest among us, are still in the condition of the sailor's mother--believing and disbelieving on the same grounds that she did--protesting against the flying fish, but cherishing the golden wheels. Thousands there are amongst us, who, rather than pin their faith in the one fish, would believe not only in the wheel of gold, but the chariot--not only in the chariot, but in the horses and the driver.

POPULAR FOLLIES IN GREAT CITIES

La faridondaine--la faridondon, Vive la faridondaine!

BERANGER.

The popular humours of a great city are a never-failing source of amus.e.m.e.nt to the man whose sympathies are hospitable enough to embrace all his kind, and who, refined though he may be himself, will not sneer at the humble wit or grotesque peculiarities of the boozing mechanic, the squalid beggar, the vicious urchin, and all the motley group of the idle, the reckless, and the imitative that swarm in the alleys and broadways of a metropolis. He who walks through a great city to find subjects for weeping, may, G.o.d knows, find plenty at every corner to wring his heart; but let such a man walk on his course, and enjoy his grief alone--we are not of those who would accompany him. The miseries of us poor earth-dwellers gain no alleviation from the sympathy of those who merely hunt them out to be pathetic over them. The weeping philosopher too often impairs his eyesight by his woe, and becomes unable from his tears to see the remedies for the evils which he deplores. Thus it will often be found that the man of no tears is the truest philanthropist, as he is the best physician who wears a cheerful face, even in the worst of cases.

So many pens have been employed to point out the miseries, and so many to condemn the crimes and vices, and more serious follies of the mult.i.tude, that our's shall not increase the number, at least in this chapter. Our present task shall be less ungracious, and wandering through the busy haunts of great cities, we shall seek only for amus.e.m.e.nt, and note as we pa.s.s a few of the harmless follies and whimsies of the poor.

And, first of all, walk where we will, we cannot help hearing from every side a phrase repeated with delight, and received with laughter, by men with hard hands and dirty faces--by saucy butcher lads and errand-boys--by loose women--by hackney coachmen, cabriolet drivers, and idle fellows who loiter at the corners of streets. Not one utters this phrase without producing a laugh from all within hearing. It seems applicable to every circ.u.mstance, and is the universal answer to every question; in short, it is the favourite slang phrase of the day, a phrase that, while its brief season of popularity lasts, throws a dash of fun and frolicsomeness over the existence of squalid poverty and ill-requited labour, and gives them reason to laugh as well as their more fortunate fellows in a higher stage of society.

London is peculiarly fertile in this sort of phrases, which spring up suddenly, no one knows exactly in what spot, and pervade the whole population in a few hours, no one knows how. Many years ago the favourite phrase (for, though but a monosyllable, it was a phrase in itself) was Quoz. This odd word took the fancy of the mult.i.tude in an extraordinary degree, and very soon acquired an almost boundless meaning. When vulgar wit wished to mark its incredulity and raise a laugh at the same time, there was no resource so sure as this popular piece of slang. When a man was asked a favour which he did not choose to grant, he marked his sense of the suitor's unparalleled presumption by exclaiming Quoz! When a mischievous urchin wished to annoy a pa.s.senger, and create mirth for his chums, he looked him in the face, and cried out Quoz! and the exclamation never failed in its object. When a disputant was desirous of throwing a doubt upon the veracity of his opponent, and getting summarily rid of an argument which he could not overturn, he uttered the word Quoz, with a contemptuous curl of his lip and an impatient shrug of his shoulders. The universal monosyllable conveyed all his meaning, and not only told his opponent that he lied, but that he erred egregiously if he thought that any one was such a nincomp.o.o.p as to believe him. Every alehouse resounded with Quoz; every street corner was noisy with it, and every wall for miles around was chalked with it.

But, like all other earthly things, Quoz had its season, and pa.s.sed away as suddenly as it arose, never again to be the pet and the idol of the populace. A new claimant drove it from its place, and held undisputed sway till, in its turn, it was hurled from its pre-eminence, and a successor appointed in its stead.

"What a shocking bad hat!" was the phrase that was next in vogue. No sooner had it become universal, than thousands of idle but sharp eyes were on the watch for the pa.s.senger whose hat showed any signs, however slight, of ancient service. Immediately the cry arose, and, like the what-whoop of the Indians, was repeated by a hundred discordant throats.

He was a wise man who, finding himself under these circ.u.mstances "the observed of all observers," bore his honours meekly. He who showed symptoms of ill-feeling at the imputations cast upon his hat, only brought upon himself redoubled notice. The mob soon perceive whether a man is irritable, and, if of their own cla.s.s, they love to make sport of him. When such a man, and with such a hat, pa.s.sed in those days through a crowded neighbourhood, he might think himself fortunate if his annoyances were confined to the shouts and cries of the populace. The obnoxious hat was often s.n.a.t.c.hed from his head, and thrown into the gutter by some practical joker, and then raised, covered with mud, upon the end of a stick, for the admiration of the spectators, who held their sides with laughter, and exclaimed in the pauses of their mirth, "Oh!

what a shocking bad hat!... What a shocking bad hat!" Many a nervous, poor man, whose purse could but ill spare the outlay, doubtless purchased a new hat before the time, in order to avoid exposure in this manner.

The origin of this singular saying, which made fun for the metropolis for months, is not involved in the same obscurity as that which shrouds the origin of Quoz and some others. There had been a hotly-contested election for the borough of Southwark, and one of the candidates was an eminent hatter. This gentleman, in canva.s.sing the electors, adopted a somewhat professional mode of conciliating their good-will, and of bribing them without letting them perceive that they were bribed.

Whenever he called upon or met a voter whose hat was not of the best material, or, being so, had seen its best days, he invariably said, "What a shocking bad hat you have got; call at my warehouse, and you shall have a new one!" Upon the day of election this circ.u.mstance was remembered, and his opponents made the most of it, by inciting the crowd to keep up an incessant cry of "What a shocking bad hat!" all the time the honourable candidate was addressing them. From Southwark the phrase spread over all London, and reigned, for a time, the supreme slang of the season.

Hookey Walker, derived from the chorus of a popular ballad, was also high in favour at one time, and served, like its predecessor, Quoz, to answer all questions. In the course of time the latter word alone became the favourite, and was uttered with a peculiar drawl upon the first syllable, and a sharp turn upon the last. If a lively servant girl was importuned for a kiss by a fellow she did not care about, she c.o.c.ked her little nose, and cried "Walker!" If a dustman asked his friend for the loan of a shilling, and his friend was either unable or unwilling to accommodate him, the probable answer he would receive was "Walker!" If a drunken man was reeling along the streets, and a boy pulled his coat-tails, or a man knocked his hat over his eyes to make fun of him, the joke was always accompanied by the same exclamation. This lasted for two or three months, and "Walker!" walked off the stage, never more to be revived for the entertainment of that or any future generation.