In likening war between nations to the duel, I follow not only
reason, but authority also. No better lawyer can be named in the
long history of the English bar than John Selden, whose learning
was equalled only by his large intelligence. In those conversations
which under the name of "Table-Talk" continue still to instruct,
the wise counsellor, after saying that the Church allowed
the duel anciently, and that in the public liturgies there were
prayers appointed for duellists to say, keenly inquires, "But
whether is this lawful?" And then he answers, "If you grant any
war lawful, I make no doubt but to convince it." [Footnote: Table-
Talk, ed. Singer, London, 1856, p. 47,--_Duel_.] Selden
regarded the simple duel and the larger war as governed by the
same rule. Of course the exercise of force in the suppression of
rebellion, or in the maintenance of laws, stands on a different
principle, being in its nature a constabulary proceeding, which
cannot be confounded with the duel. But my object is not to
question the lawfulness of war; I would simply present an image,
enabling you to see the existing war in its true character.

The duel in its simplest form is between two individuals. In early
ages it was known sometimes as the Judicial Combat, and sometimes
as Trial by Battle. Not only points of honor, but titles to land,
grave questions of law, and even the subtilties of theology, were
referred to this arbitrament, [Footnote: Robertson, History of the
Reign of Charles V.: View of the Progress of Society in Europe,
Section I. Note XXII.]--just as now kindred issues between nations
are referred to Trial by Battle; and the early rules governing the
duel are reproduced in the Laws of War established by nations to
govern the great Trial by Battle. Ascending from the individual to