DUELLING IN GERMANY. T HE German Emperor has issued an Edict
for "more effectively preventing duelling" in his Army. It is difficult to read this long and. technical "Cabinet Order" without the feeling that what the Emperor wants to do is not so much to put down duelling as to put a stop to the scandals which tend to bring duelling into hatred, ridicule, and contempt. Several recent duels have made a pro- foundly disagreeable impression upon German public opinion, and the Emperor, who, in spite of his autocratic airs, is very anxious to represent the better sense of the nation, and interpret its decisions, has become aware that the case is one which requires something to be done. After the feeling expressed in the Reichstag and in the Press, it would not have been prudent to have taken up a purely non-possumus attitude. Accordingly the Emperor has taken upon himself to settle the duelling controversy by a brand-new plan of his own. Before, however, describing the "excellent substitute" for bullet or rapier devised at Potsdam, it may be as well to suggest a test for the sincerity of the Emperor in his attempt at putting down duelling among the officers of the Army. Surely if the Emperor had been in earnest he would have adopted the course taken in England when it was determined to put a stop to duelling in the Army. We stopped Army duelling by an addition to the Queen's Regulations, one under which any officer sending a challenge or engaging in a duel would be dismissed the service. There had previously been plenty of regulations intended to discourage duelling,—forbidding it, indeed, in the plainest terms. They were of no avail. As soon however as officers knew that fighting a duel meant ex- clusion from their profession they realised that challenging and accepting a challenge were not worth while. To risk your own life, and to risk killing another man—the ordinary challenger was not really anxious to kill—plus the certainty of missing your career, was more than the would-be duellist could stand. If, then, the German Emperor had really meant business it is clear that he would have decreed that duelling would be followed by dismissal from the Army, and would have enforced his decree.
What the Emperor has actually done is to set up an elaboration of the Courts and Councils of Honour already in existence, at which quarrels likely to lead to duels are to be first discussed and then patched up. It is "my will," says the Emperor, that a Council of Honour "shall henceforth, as a matter of principle, co- operate in the settlement of affairs of honour," and he accordingly issues " nine separate instructions " dealing with Councils and Courts of Honour. When a quarrel has arisen or an insult has been given, the parties are to abstain from all further action, and at once inform the Council of Honour under whose jurisdiction they are. The Council of Honour must immediately investigate the case. According to the result of the evidence, the Council may adopt one of three courses :—" (a) It may propose a settlement of the differences ; or (b) it may declare that the circumstances preclude the proposal of a settlement, and that the matter must be referred to a Court of Honour ; or (c) it may find that the honour of the parties cannot be con- sidered to have been affected, and that consequently there is no reason either for proposing a compromise or for resorting to the action of a Court of Honour." It must not be supposed, however, that the decision of the Council of Honour is final. Its decrees are not binding unless confirmed by the superior military authority. But even the superior military authority cannot finally dispose of the matter. If the parties demand it, they can take their case to the foot of the Caesarian throne itself. In the last resort the Emperor himself will give the decision. "In case of a further appeal by one or both of the parties, which must be entered within three days, the responsible superior officers have to submit the matter, accompanied by a statement of their own opinion, to the decision of the Emperor himself." We have no hesitation in saying that the scheme is about as ridiculous and futile as it could possibly be. It will not really put an end to duelling, but yet it will encourage a touchy and sensitive spirit among the officers. It is an invitation to foolish and pedantic men to take offence at small things and get up quarrels about their honour on fancy points. At present, men as a rule are prevented from taking offence at small things, or where probably no offence was intended, by the feeling that it is not worth while to get involved in a duel. Under the new regula- tions men will feel it quite safe to get up imaginary quarrels on points of behaviour. A is not sure whether B's conduct to him was insulting. No one, however, has noticed that conduct, or suggested that it was unbearable, and therefore A. though angry and quarrelsome, would before the new Edict have said nothing. Now he may feel that he will gain in importance himself and show B up as an ill-behaved boor by quarrelling with him and invoking a Council of Honour. If B is sensible he will, of course, deny any intention of insult. Suppose, however, that he is a fellow of A's kidney, and thirsting, like him, for a good quarrel. In that case he will welcome A's move, and the two officers, like a couple of pettifogging attorneys, will settle down hammer and tongs at their bloodless battle. After appealing to Councils and Courts of Honour, and to superior officers, and finally to the Emperor himself, the combatants will no doubt emerge fierce enemies, having converted a silly squabble into a deadly feud. Depend upon it, it is most unwise to encourage men living together in close communities like a regiment to quarrel by providing them with a whole machinery of Courts and Councils. Just think what would happen in a College if not only the undergraduates, but the Fellows and tutors, were provided with Councils of Honour as hotbeds for the forcing of quarrels. In every case appeals would go from the head of the house to the Vice-Chancellor. If, then, the German Emperor had wanted to increase disputes in his Army, he could not have chosen a better method than the passing of his Edict.
The question, What should the German Emperor have done, granted his position—i.e., that of desiring to stop this scandal of duels fought on trivial or improper grounds without absolutely putting down duels ? is worth considering. In our opinion, by far his best plan would have been to announce that he would dismiss any party to a duel from the Army unless it could be shown that in the case of regimental officers the seconds had called on the Colonel, stated shortly the cause of the duel, and had. received his leave to fight. This would give the Colonel —in the case of Colonels and superior officers it might be the General of the Division or the Commander-in- Chief of an Army Corps—a right of veto over all duels, —a veto which he would use to stop duels brought about by tavern brawls. No doubt this plan would involve a certain recognition of duelling. It would, however, stop the worst cases, and would not infringe military feeling on points of honour. Most soldiers would feel that if the Colonel vetoed the duel there was no proper excuse for fighting. The Colonel would not, of course, go into the merits of the case. He would simply act like a Master of the Supreme Court under Order XIV. If no cause of action were revealed he would stop the duel. But though the Emperor, instead of stopping duelling or even regulating it, has only added new excuses for petti- fogging about points of honour, we do not believe that duelling will last very much longer in Germany. Public opinion seems at last to have been thoroughly awakened on the matter, and if we mistake not, the Army will ultimately be influenced by its action. Even the German Army obeys to some extent the universal voice.
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