Page:Memoirs of Extraordinary Popular Delusions and the Madness of Crowds Vol 2.djvu/316

 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 cognisance 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 civilisation, seems to be the establishment of a court of honour, which should take cognisance 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 dispassionately 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. Transportation, the tread-wheel, or a public whipping, would perhaps be sufficient.