This duty is peculiarly incumbent on public men, whose sphere of influence is larger, and whose means of producing good effects by example are therefore greater, than those of others. A public man who should at all times refuse to challenge or to accept a challenge, resting his refusal on the ground of the evil ten dency of duelling, not of the infraction of some other duty which an accident has in his case connected with it (as the violation of an oath), and who should at the same time preserve himself from suspicion or reproach by circumspection in speech, by a manly defence, where it is possible, and, where it is not, by a manly apology, would be a mighty aid for the extirpation of this practice.
The following three new articles of war were issued in the course of the year (1844), with a view to the abatement of duelling in the army :— 1. Every officer who shall give or send a challenge, or who shall accept any challenge to fight a duel with another officer, or who, being privy to an intention to fight a duel, shall not take active mea sures to prevent such duel, or who shall upbraid another for refusing or for not giving a challenge, or who shall reject, or advise the rejection, of a reasonable proposition made for the honourable ad justment of a difference, shall be liable, if convicted before a general court-martial, to be cashiered, or suffer such other punishment as the court may award.
2. In the event of an officer being brought to a court-martial for having acted as a second in a duel, if it shall appear that such officer had strenuously exerted himself to effect an adjustment of the difference on terms consistent with the honour of both parties, and shall have failed through the unwillingness of the adverse parties to accept terms of honour able accommodation, then our will and pleasure is, that such officer shall suffer such punishment as the court may award.
3. We hereby declare our approbation of the conduct of all those who, having had the misfortune of giving offence to, or injured or insulted others, shall frankly explain, apologize, or offer redress for the same ; or who, having had the misfortune of receiving offence, injury, or insult from another, shall cordially accept frank ex planations, apology, or redress for the same ; or who, if such explanations, apo logy, or redress are refused to be made or accepted, shall submit the matter to be dealt with by the commanding officer of the regiment or detachment, fort or garri son ; and we accordingly acquit of dis grace, or opinion of disadvantage, all officers and soldiers who, being willing to make or accept such redress, refuse to accept challenges, as they will only have acted as is suitable to the character of honourable men, and have done their duty as good soldiers, who subject them selves to discipline.