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1825. Sept 3d.
Penal Code
Ch III Offenses against Person Rep
§.3.Challenging
of the press
4
Repressive motives will
take the place of inviting
motives under the
present order of things
by which at present an invitation of this
sort is liable to be produced, will be seen to
have place
In view of the motives, by which under
the present order of things acceptance on the
part of a challengee is apt to be produced, he
will feel operating upon him the repressive instrument,
produced by the apprehension of being
subjected to this fine.
5
Fear of death in this
case cannot operate
indeed on account
of public opinion but
fear of pecuniary
punishment will
The fear of death or other corporal
suffering incident to the conflict. this fear,
here strong so ever may be this it's operation. he will
stand precluded by the existing notions about honorfrom alledging by the fear of the
imputation of . But the fear of the pecuniary
punishment, a suffering which, in this
case, may and generally will be regarded as certain,
he need not and will not fear to alledge
upon every occasion as the motive by which
his conduct was determined; such course being
no other than that which is universally
prescribed by ordinary prudence, operating in a shape,
in which it is not condemned by any body
I say he will not: for in this I stand fully
warranted by general, not to say universal experience
At present; when a challenge is considered
as having been given, on the one part,
and acceptance as having been given or likely
to be given on the other, an incident by which
the conflict is in many instances prevented,
is information given to a magistrate, say
by a friend of one or other or both the parties,
or by some stranger under whose observance-tion
the scene or some part of it has passed:
information
Identifier: | JB/016/028/001 "JB/" can not be assigned to a declared number type with value 16.
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