Dueling in United States

Dueling

Dueling has been known in the United States from the very beginning of their settlement, the first duel taking place in 1621, at Plymouth, between two serving men. In 1728 a young man named Woodbridge was killed in a duel on Boston Common by another young man named Phillips. They fought without seconds, in the night time, and with swords. Aided by some of his friends, Phillips got on board a man-of-war and escaped to France, where he died a year afterward. There were few duels in the Revolution, the most noted being those between Gen. C. Lee and Col. John Laurens, in which the former was wounded, and between Generals Cadwallader and Conway, in 1778, in which the latter received a shot in the head from which be recovered. Button Gwinnett, one of the signers of the Declaration of Independence, from Georgia, was killed in a duel with General McIntosh, in May 1777. In 1785 Captain Gunn challenged General Greene twice, both being citizens of Georgia, and threatened a personal assault when the latter refused to meet him. Greene wrote to Washington, acknowledging that if he thought his honor or reputation would suffer from his refusal he would accept the challenge. He was especially concerned as to the effect of his conduct on the minds of military men and admitted his regard for the opinion of the world. Washington approved of his course in the most decisive terms, not on moral grounds, but because a commanding officer is not amenable to private calls for the discharge of his public duty.

Alexander Hamilton was killed in a duel with Aaron Burr in 1804, the latter being Vice-President and the former the greatest leader of the opposition. This duel is always allowed the first place in the history of American private combats. That which stands next is the duel between Captains Barron and Decatur, the latter being killed and Barron severely wounded. Henry Clay and John Randolph fought in 1826, and Colonel Benton, in closing his account of the fight, says: “Certainly dueling is bad, and has been put down, but not quite so bad as its substitute — revolvers, bowie knives, blackguarding, and street assassinations under the pretext of self-defense.” General Jackson killed M. Dickinson in a duel, and was engaged in other “affairs.” Colonel Benton killed a Mr. Lucas and had other duels. In 1841 Mr. Clay was on the verge of fighting with Colonel King, then a senator from Alabama and elected Vice-President in 1852. Mr. Cilley of Maine fought with Mr. Graves of Kentucky in 1838, near Washington, and the former was killed. This duel caused nearly as much excitement as that between Hamilton and Burr. Both parties were members of Congress. Duels have been numerous in California, notably the combat between Terry and Broderick. Formerly they were very common in the United States navy and valuable lives were lost. It is related of Richard Somers, who perished in the Intrepid, and who is said to have been a mild man, that he fought three duels in one day. In 1830 President Jackson caused the names of four officers to be struck from the navy roll because they had been engaged in a duel. Since the Civil War stringent laws have been passed in all the States against dueling and the practice has become obsolete in this country.

Dueling in Upper Canada (now Ontario) was illegal and the person guilty of so taking life was liable for murder, but by the “unwritten law” the Crown counsel, if the combat was fairly conducted, did not press for conviction. Perhaps the most celebrated duel fought in the early days of the colony was that between William Weekes and William Dickson, and took place behind a bastion of old Fort Niagara, on the American side of the river, on 10 Oct. 1806, Weekes was killed; but as the duel had been fought in a foreign country, Dickson was never brought to trial. What is regarded as the last duel in Upper Canada took place on the banks of the river Tay at Perth on 13 June 1833 between John Wilson (afterward puisne judge of the Common Pleas of Ontario) and one Robert Lyon, in which the latter was mortally wounded; but following the customary practice, the fight having been a fair one, the jury did not convict.

State and territorial laws prohibiting duelling

There are 20 states, along with the District of Columbia and Puerto Rico, have some statute(s) (including constitutional provisions) specifically prohibiting duelling. The remaining 30 states either have no such statute or constitutional provision, or limit their duelling prohibition to members of their state national guard. This does not necessarily mean, however, that duelling is legal in any state, as assault and murder laws can apply.

States which specifically prohibit members of the state national guard from duelling are Arizona, Arkansas, Connecticut, Georgia, Iowa, Kansas, Missouri, Hawaii, Ohio, Oregon, Pennsylvania, Washington and New York.

States and territories which have statutory prohibitions on duelling for all citizens are Colorado, District of Columbia, Idaho, Kentucky, Massachusetts, Michigan, Mississippi, Nevada, New Mexico, New York, North Dakota, Oklahoma, Puerto Rico, Rhode Island and Utah. California previously prohibited duelling, but this was repealed in 1994.

Virginia passed the Anti-Dueling Act in 1810, creating civil and criminal penalties for the most usual causes of duelling, rather than for the act itself. It is still on the books. Virginia Code §8.01-45 creates a Civil Action for insulting words. Virginia Code §18.2-416 makes it a crime to use abusive language to another under circumstances reasonably calculated to provoke a breach of the peace. Virginia Code §18.2-417 makes certain slander and libel a crime.

Dueling

Dueling in United States

Dueling

State and territorial laws prohibiting duelling

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See Also

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