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Untitled - the Digital Library of Georgia

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CHAPTBE VIII<br />

THE CODE DUELLO—GEORGIA ONE OF THE FIRST STATES TO EMPLOY THIS<br />

MODE OF ARBITRATION IN SETTLING DISPUTES BETWEEN GENTLEMEN—<br />

ALSO ONE OP THE LAST TO ABANDON THIS CUSTOM—ORIGIN OF THE<br />

DUEL—REASONS FOR ITS DOMINANCE IN GEORGIA, WHERE IT RULED<br />

PUBLIC LIFE DURING THE ANTEBELLUM PERIOD—To DECLINE AN INVI<br />

TATION TO THE FIELD OF HONOR MEANT OSTRACISM—IT OPERATED AS<br />

A BAB SINISTER TO PREFERMENT IN POLITICS—THE EARLIEST DUEL ON<br />

RECORD IN GEORGIA WAS FOUGHT BETWEEN BUTTON GWINNETT AND<br />

LACHLAN MC!NTOSH DURING THE REVOLUTION—THEY MEET ON THE<br />

OUTSKIRTS OF SAVANNAH—Two OTHER PATRIOTS FACE EACH OTHER<br />

ON HORSEBACK—Gov. JAMES JACKSON, AN INVETERATE DUELIST—<br />

His CONNECTION WITH THE YAZOO FRAUD EXPOSURE MAKES HIM A<br />

MULTITUDE OF ENEMIES—DUEL WITH GOVERNOR WELLS—HE ALSO<br />

FIGHTS ROBERT WATKINS AND THOMAS GIBBONS—COD. BENJAMIN<br />

TALIAFERRO MEETS FRANCIS WILLIS ON THE FIELD OF HONOR.<br />

NOTE : SAND BAR FERRY, A FAMOUS DUELLING GROUND.<br />

<strong>Georgia</strong> was one <strong>of</strong> <strong>the</strong> first states <strong>of</strong> <strong>the</strong> Union to find <strong>the</strong> duel * an<br />

effective instrument for <strong>the</strong> adjustment <strong>of</strong> differences between gentle<br />

men, she was also one <strong>of</strong> <strong>the</strong> last states to abandon a custom, perhaps,<br />

more honored in <strong>the</strong> breech than in <strong>the</strong> observance. At a time when<br />

party strife was most intense and bitter, it was an almost daily occur<br />

rence for men to cross swords or to exchange shots in personal encoun<br />

ters, but everything was done according to prescribed form and with<br />

punctilious regard for <strong>the</strong> Code <strong>of</strong> Honor. There was scarcely a public<br />

man in <strong>Georgia</strong> who was not credited with at least one duel, fought<br />

* ORIGIN op THE DUEL.—What is known as <strong>the</strong> Code Duello is supposed to have<br />

originated in <strong>the</strong> judicial combats <strong>of</strong> <strong>the</strong> Celtic nations. Trial by battle—or wager<br />

<strong>of</strong> battle—represented a crude form <strong>of</strong> justice to which <strong>the</strong> Lombards began to<br />

resort as early as <strong>the</strong> year 659 <strong>of</strong> <strong>the</strong> Christian era and. which, subsequent to <strong>the</strong><br />

battle <strong>of</strong> Hastings, in 1066, was introduced into England by William <strong>the</strong> Conqueror.<br />

But <strong>the</strong> general practice <strong>of</strong> duelling to settle affairs <strong>of</strong> honor between gentlemen<br />

may be said to have commenced in 1527,. when Francis I, <strong>of</strong> France, issued a<br />

challenge to Charles V, <strong>of</strong> Germany, directing him to name his own time and place<br />

and to make his own choice <strong>of</strong> weapons with which to fight.<br />

The affair seems to have grown out <strong>of</strong> an abrogated treaty, in consequence <strong>of</strong><br />

which <strong>the</strong> German Emperor sent a curt message to King Francis, through <strong>the</strong> latter 'a<br />

herald, declaring him to be not only a base violator <strong>of</strong> public faith but a stranger to<br />

<strong>the</strong> honor becoming, a gentleman. Incensed at this message, which he considered a<br />

wanton insult, <strong>the</strong> impetuous French sovereign instantly sent back <strong>the</strong> bearer with<br />

a cartel <strong>of</strong> defiance, in which he gave <strong>the</strong> lie to Emperor Charles and incidentally,<br />

by way <strong>of</strong> royal precedent, laid <strong>the</strong> foundations for <strong>the</strong> modern duel.—"<strong>Georgia</strong>'s<br />

Landmarks, Memorials and Legends,'' Vol. II, pp. 1-2, by L. L. Knight.<br />

496

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