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CHAPTER II. The Party Receiving a Note Before Challenge.




CHAPTER II. The Party Receiving a Note Before Challenge.

  1. When a note is presented to you by an equal, receive it, and read it, although you may suppose it to be from one you do not intend to meet, because its requisites may be of a character which may readily be complied with. But if the requirements of a note cannot be acceded to, return it, through the medium of your friend, to the person who handed it to you, with your reason for returning it.
  2. If the note received be in abusive terms, object to its reception, and return it for that reason; but if it be respectful, return an answer of the same character, in which respond correctly and openly to all interrogatories fairly propounded, and hand it to your friend, who, it is presumed, you have consulted, and who has advised the answer; direct it to the opposite party, and let it be delivered to his friend.
  3. You may refuse to receive a note, from a minor, (if you have not made an associate of him); one that has been posted; one that has been publicly disgraced without resenting it; one whose occupation is unlawful; a man in his dotage and a lunatic. There may be other cases, but the character of those enumerated will lead to a correct decision upon those omitted.
  4. If you receive a note from a stranger, you have a right to a reasonable time to ascertain his standing in society, unless he is fully vouched for by his friend.
  5. If a party delays calling on you for a week or more, after the supposed insult, and assigns no cause for the delay, if you require it, you may double the time before you respond to him; for the wrong cannot be considered aggravated; if borne patiently for some days, and the time may have been used in preparation and practice.

Second's Duty of the Party Receiving a Note Before Challenge Sent.

  1. When consulted by your friend, who has received a note requiring explanation, inform him distinctly that he must be governed wholly by you in the progress of the dispute. If he refuses, decline to act on that ground.
  2. Use your utmost efforts to allay all excitement which your principal may labor under; search diligently into the origin of the misunderstanding; for gentlemen seldom insult each other, unless they labor under some misapprehension or mistake; and when you have discovered the original ground or error, follow each movement to the time of sending the note, and harmony will be restored.
  3. When your principal refuses to do what you require of him, decline further acting on that ground, and inform the opposing second of your withdrawal from the negotiation.

CHAPTER III. Duty of Challenger and His Second Before Fighting.

  1. After all efforts for a reconciliation are over, the party aggrieved sends a challenge to his adversary, which is delivered to his second.
  2. Upon the acceptance of the challenge, the seconds make the necessary arrangements for the meeting, in which each party is entitled to a perfect equality. The old notion that the party challenged, was authorized to name the time, place, distance and weapon, has been long since exploded; nor would a man of chivalric honor use such a right, if he possessed it. The time must be as soon as practicable, the place such as had ordinarily been used where the parties are, the distance usual, and the weapons that which is most generally used, which, in this State, is the pistol.
  3. If the challengee insist upon what is not usual in time, place, distance and weapon, do not yield the point, and tender in writing what is usual in each, and if he refuses to give satisfaction, then your friend may post him.
  4. If your friend be determined to fight and not post, you have the right to withdraw. But if you continue to act, and have the right to tender a still more deadly distance and weapon, and he must accept.
  5. The usual distance is from ten to twenty paces, as may be agreed on; and the seconds in measuring the ground, usually step three feet.
  6. After all the arrangements are made, the seconds determine the giving of the word and position, by lot; and he who gains has the choice of the one or the other, selects whether it be the word or the position, but he cannot have both.

CHAPTER IV. Duty of Challengee and Second After Challenge Sent.

  1. The challengee has no option when negotiation has ceased, but to accept the challenge.
  2. The second makes the necessary arrangements with the second of the person challenging. The arrangements are detailed in the preceding chapter.

CHAPTER V. Duty of Principals and Seconds on the Ground.

  1. The principals are to be respectful in meeting, and neither by look or expression irritate each other. They are to be wholly passive, being entirely under the guidance of their seconds.
  2. When once posted, they are not to quit their positions under any circumstances, without leave or direction of their seconds.
  3. When the principals are posted, the second giving the word, must tell them to stand firm until he repeats the giving of the word, in the manner it will be given when the parties are at liberty to fire.
  4. Each second has a loaded pistol, in order to enforce a fair combat according to the rules agreed on; and if a principal fires before the word or time agreed on, he is at liberty to fire at him, and if such second's principal fall, it is his duty to do so.
  5. If after a fire, either party be touched, the duel is to end; and no second is excusable who permits a wounded friend to fight; and no second who knows his duty, will permit his friend to fight a man already hit. I am aware there have been many instances where a contest has continued, not only after slight, but severe wounds, had been received. In all such cases, I think the seconds are blamable.
  6. If after an exchange of shots, neither party be hit, it is the duty of the second of the challengee, to approach the second of the challenger and say: " Our friends have exchanged shots, are you satisfied, or is there any cause why the contest should be continued? " If the meeting be of no serious cause of complaint, where the party complaining had in no way been deeply injured, or grossly insulted, the second of the party challenging should reply: " The point of honor being settled, there can, I conceive, be no objection to a reconciliation, and I propose that our principals meet on middle ground, shake hands, and be friends. " If this be acceded to by the second of the challengee, the second of the party challenging, says: " We have agreed that the present duel shall cease, the honor of each of you is preserved, and you will meet on middle ground, shake hands and be reconciled. "
  7. If the insult be of a serious character, it will be the duty of the second of the challenger, to say, in reply to the second of the challengee: " We have been deeply wronged, and if you are not disposed to repair the injury, the contest must continue. " And if the challengee offers nothing by way of reparation, the fight continues until one or the other of the principals is hit.
  8. If in cases where the contest is ended by the seconds, as mentioned in the sixth rule of this chapter, the parties refuse to meet and be reconciled, it is the duty of the seconds to withdraw from the field, informing their principals, that the contest must be continued under the superintendence of other friends. But if one agrees to this arrangement of the seconds, and the other does not, the second of the disagreeing principal only withdraws.
  9. If either principal on the ground refuses to fight or continue the fight when required, it is the duty of his second to say to the other second: " I have come upon the ground with a coward, and do tender you my apology for an ignorance of his character; you are at liberty to post him. " The second, by such conduct, stands excused to the opposite party.
  10. When the duel is ended by a party being hit, it is the duty of the second to the party so hit, to announce the fact to the second of the party hitting, who will forthwith tender any assistance he can command to the disabled principal. If the party challenging, hit the challengee, it is his duty to say he is satisfied, and will leave the ground. If the challenger be hit, upon the challengee being informed of it, he should ask through his second, whether he is at liberty to leave the ground which should be assented to.
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