As practised from the 11th to 20th centuries in Western societies,
a
duel is an engagement in combat between two
individuals, with matched weapons in accordance with their combat
doctrines. In the modern application, the
term is applied to
aerial warfare
between
fighter pilots. A battle
between two warships is also referred to as a duel or a
naval
duel, especially in the
Age of Sail
when such encounters were more common.
The
Romantic depiction of
mediaeval duels was based on either a pretext of
defence of
honour, usually accompanied by a
trusted representative (who might themselves fight, often in
contravention of the duelling conventions), or as a matter of
challenge of the champion which developed out of the desire of one
party (the challenger) to redress a perceived insult to his or her
sovereign's honour. The goal of the honourable duel was often not
so much to kill the opponent as to gain "satisfaction", that is, to
restore one's honour by demonstrating a willingness to risk one's
life for it.
Duels may be distinguished from
trials
by combat, in that duels were not used to determine guilt or
innocence, nor were they official procedures. Indeed, from the
early 17th century duels were often illegal in Europe, though in
most societies where duelling was socially accepted, participants
in a fair duel were not prosecuted, or if they were, were not
convicted. Only
gentlemen were considered
to have honour, and duels were reserved for social equals.
Commoners might duel one another occasionally, but if a gentleman's
honour were offended by a person of lower class, he would not duel
him, but would beat him with a cane, riding crop, a whip or have
his servants do so. Duelling is now virtually obsolete.
Rules
Duels could be fought with some sort of
sword or, from the 18th century on,
with
pistols. For this end special sets of
duelling pistols were crafted for
the wealthiest of noblemen.
The traditional situation that led to a duel often went something
like this. After the offence, whether real or imagined, one party
would
demand satisfaction from the offender,
signalling this demand with an inescapably insulting gesture, such
as throwing his glove before him, hence the phrase
"
throwing down the gauntlet". This originates from
mediaeval times, when a
knight was knighted.
The knight-to-be would receive the
accolade of three light
blows on the shoulder with a sword and, in some cases, a ritual
slap in the face, said to be the last affronts he could accept
without redress. Therefore, any one being slapped with a glove was
considered—like a knight—obligated to accept the challenge or be
dishonoured. Contrary to popular belief, hitting one in the face
with a glove was not a challenge, but could be done after the glove
had been thrown down as a response to the one issuing the
challenge. Each party would name a trusted representative (a
second) who would, between them,
determine a suitable "field of honour." It was also the duty of
each party's second to check that the weapons were equal and that
the duel was fair. In the 16th and early 17th centuries, it was
normal practice for the seconds as well as the principals to fight
each other. Later the seconds' role became more pacific, to make
sure the rules were followed and to try to achieve reconciliation,
but as late as 1777 the Irish code still allowed the seconds an
option to exchange shots.
The chief criteria for choosing the field of honour were isolation,
to avoid discovery and interruption by the authorities, and
jurisdictional ambiguity, also to avoid legal consequences. Islands
in rivers dividing two jurisdictions were popular duelling sites;
the cliffs below Weehawken on the Hudson River where the
Hamilton-Burr duel occurred were a
popular field of honour for New York duellists because of the
uncertainty whether New York or New Jersey jurisdiction applied.
Duels traditionally took place at dawn, when the poor light would
make the participants less likely to be seen. For some time before
the mid-18th century, swordsmen duelling at dawn so often carried
lanterns to see each other that fencing manuals integrated them
into their lessons, using the lantern to parry blows and blind the
opponent. The manuals sometimes show the combatants carrying the
lantern in the left hand wrapped behind the back, which is still
one of the traditional positions for the off hand in modern
fencing.
At the choice of the offended party, the duel could be
- to first blood, in which case the duel would be ended as soon
as one man was wounded, even if the wound were minor:
- until one man was so severely wounded as to be physically
unable to continue the duel;
- to the death, in which case there would be no satisfaction
until the other party was mortally wounded;
- or, in the case of pistol duels, each party would fire one
shot. If neither man was hit and if the challenger stated that he
was satisfied, the duel would be declared over. A pistol duel could
continue until one man was wounded or killed, but to have more than
three exchanges of fire was considered barbaric and, if no hits
were achieved, somewhat ridiculous.
Under the latter conditions, one or both parties could
intentionally miss in order to fulfill the conditions of the duel,
without loss of either life or honour. However, to do so, "to
delope", could imply that your opponent was
not worth shooting. This practice occurred despite being expressly
banned by the
Code Duello of 1777. Rule
13 stated: "No dumb shooting or firing in the air is admissible in
any case... children's play must be dishonorable on one side or the
other, and is accordingly prohibited." Practices varied, however,
and many pistol duels were to first blood or death. The offended
party could stop the duel at any time if he deemed his honor
satisfied. In some duels there were seconds (stand-ins) who, if the
primary dueler were not able to finish the duel, would then take
his place. This was usually done in duels with swords, where one's
expertise was sometimes limited. The second would also act as a
witness.
For a pistol duel, the parties would be placed back to back with
loaded weapons in hand and walk a set number of paces, turn to face
the opponent, and shoot. Typically, the graver the insult, the
fewer the paces agreed upon. Alternatively, a pre-agreed length of
ground would be measured out by the seconds and marked, often with
swords stuck in the ground (referred to as "points"). At a given
signal, often the dropping of a handkerchief, the principals could
advance and fire at will. This latter system reduced the
possibility of cheating, as neither principal had to trust the
other not to turn too soon. Another system involved alternate shots
being taken—the challenged firing first.
Many historical duels were prevented by the difficulty of arranging
the
"methodus pugnandi". In the instance of Dr.
Richard Brocklesby, the number of paces
could not be agreed upon; and in the affair between
Mark Akenside and Ballow, one had determined
never to fight in the morning, and the other that he would never
fight in the afternoon.
John Wilkes, who
did not stand upon ceremony in these little affairs, when asked by
Lord Talbot how many
times they were to fire, replied, "just as often as your Lordship
pleases; I have brought
a bag of bullets and a flask of
gunpowder."
History
Physical confrontations related to insults and social standing
surely pre-date
Homo sapiens,
but the formal concept of a duel, in
Western society, developed out of the
mediaeval judicial
duel and older pre-Christian practices such as the
Viking Age Holmganga.Judicial duels were deprecated by the
Lateran Council of
1215. However, in 1459 (
MS Thott 290 2)
Hans Talhoffer reported that in spite of
Church disapproval, there were nevertheless seven capital crimes
that were still commonly accepted as resolvable by means of a
judicial duel.Most societies did not condemn duelling, and the
victor of a duel was regarded not as a murderer but as a hero; in
fact, his social status often increased. During the early
Renaissance, duelling established the status of
a respectable
gentleman, and was an accepted
manner to resolve disputes. Duelling in such societies was seen as
an alternative to less regulated conflict.
According to one scholar, "In France during the reign of
Henry IV (1589–1610), more than 4,000
French aristocrats were killed in duels in an eighteen-year
period...During the reign of
Louis
XIII (1610–1643)...in a twenty-year period 8,000 pardons were
issued for murders associated with duels...In the United States
thousands of
Southerners died
protecting what they believed to be their honor."
The first
published code duello, or "code
of dueling", appeared in Renaissance
Italy
; however, it had many antecedents, ranging back to
old Germanic law. The first formalised national code was
France
's, during the Renaissance. In 1777, Ireland
developed a
code duello, which was indeed the most influential in
American
duelling
culture.
Prominent duels
To decline a challenge was often equated to defeat by forfeiture,
and sometimes regarded as dishonourable. Prominent and famous
individuals were especially at risk of being challenged.
The Russian poet
Alexander Pushkin
prophetically described a number of duels in his works, notably
Onegin's duel with Lensky in
Eugene
Onegin. The poet was mortally wounded in a controversial
duel with
Georges d'Anthès, a
French officer rumoured to be his wife's lover. D'Anthès, who was
accused of cheating in this duel, married Pushkin's sister-in-law
and went on to become French minister and senator. The whole affair
was instigated by anonymous letters, apparently written by two
homosexual princes in order to avenge d'Anthès for his homosexual
affair with the Ambassador of Holland.
In 1598 the English playwright
Ben Jonson
fought a duel, mortally wounding an actor by the name of Gabriel
Spencer. In 1798
HRH The Duke of York, well known as
"
The Grand Old Duke of
York", dueled with
Lieutenant-Colonel Charles
Lennox and was grazed by a bullet along his hairline. In 1840
the
7th
Earl of Cardigan, officer in charge of the now infamous
Charge of the Light
Brigade, fought a duel with a British Army officer by the name
of Captain Tuckett. Tuckett was wounded in the engagement, though
not fatally.
Four
Prime
Ministers of the United Kingdom have engaged in duels (although
only Pitt and Wellington held the office at the time of their
duels):
In 1864, American writer
Mark Twain—then
editor of the
New York Sunday Mercury—narrowly avoided
fighting a duel with a rival newspaper editor, apparently through
the quick thinking of his second, who exaggerated Twain's prowess
with a pistol.
The most notorious American duel was the
Burr-Hamilton duel, in which notable
Federalist Alexander Hamilton was fatally wounded by
his political rival, the sitting
Vice President of the United
States Aaron Burr. Another American
politician,
Andrew Jackson,
later to serve as a
General Officer
in the
U.S. Army
and to become the
seventh U.S.
president, fought two duels, though some legends claim he
fought many more. On May 30, 1806, he killed prominent duellist
Charles
Dickinson, suffering himself from a chest wound which caused
him a lifetime of pain. Jackson also reportedly engaged in a
bloodless duel with a lawyer and in 1803 came very near duelling
with
John Sevier; In 1813 Jackson
engaged in a frontier brawl, which does not count as a duel, with
Senator
Thomas Hart
Benton.
On
30 May 1832, French
mathematician Évariste Galois
was mortally wounded in a duel at the age of twenty, the day after
he had written his seminal mathematical
results.
The last
fatal duel in Canada
, in 1833,
saw Robert Lyon challenge
John Wilson to a
pistol duel after a quarrel over remarks made about a local
school-teacher—whom Wilson ended up marrying after Lyon was killed
in the duel. The last fatal duel in England
took place
on Priest Hill, between Englefield Green
and Old
Windsor
, on 19 October 1852, between two French refugees,
Cournet and Barthelemy, theformer being killed.
Unusual duels
In 1808, two Frenchmen are said to have fought in balloons over
Paris, each attempting to shoot and puncture the other's balloon;
one duelist is said to have been shot down and killed with his
second.
Thirty-five years later (1843), two men are said to have fought a
duel by means of throwing billiard balls at each other.
Some participants in a duel, given the choice of weapons, are said
to have deliberately chosen ridiculous weapons such as
howitzers,
sledgehammers, or forkfuls of pig dung, in
order to show their disdain for duelling.
Isaac Asimov relates a joke in his
Treasury of Humor (1971)
that claims that
Otto von Bismarck
challenged
Rudolf Virchow to a duel.
As the challenged party had the choice of weapons, Virchow chose
two sausages, one of which had been inoculated with
cholera. Bismarck is said to have called off the
duel at once.
Single combat
Single combat is a duel between two single
warriors which takes place in the context of a battle between two
armies, with the two often considered the
champions of their respective sides. Typically, it
takes place in the no-man's-land between the opposing armies, with
other warriors watching and themselves refraining from fighting
until one of the two single combatants has won.
Single combats are attested at numerous periods and places, in both
myth and the depiction of actual war. Earlier examples are the
single combat between
David and
Goliath in the
Bible and those
between
Menelaus and
Paris and later between
Achilles and
Hector, in the
Iliad.
Single combat is mentioned quite frequently
in the history of Ancient Rome: the
Horatii's defeat of the Alba Longan
Curiatii in the 7th century BC is reported by
Livy to have settled a war in Rome's favor and
subjected Alba Longa to Rome; Marcus Claudius Marcellus took the
spolia opima from Viridomarus, king of the Gaesatae, at the Battle of Clastidium (222 BC); and
Marcus
Licinius Crassus Dives from Deldo, king of the Bastarnae (29 BC).
Depictions of single combat also appear in the Hindu epics of the
Mahābhārata and the
Ramayana. Single combats are often preludes to
battles in the Chinese epic
Romance of the Three Kingdoms
and are featured prominently throughout the epic.
In
The Cattle Raid of
Cooley, a famous episode of
Irish
Mythology, all warriors of
Ulster but
Cúchulainn are affected by a curse
and unable to fight the invading army of Queen Maeb - leaving
Cúchulainn to fight a whole series of single combats by himself
until they recover.
Many battles depicted in the mediaeval
Chanson de Roland consist of a series of
single combats, as are battles depicted in various tales of the
Arabian Nights.
Guy of Warwick, the legendary English
Romance hero, is depicted as
defeating in single combat the
Viking giant
Colbrand; the story is set in the time of
Athelstan of England, but actually
reflects the society of the late Middle Ages.
An important episode in
Geoffrey of
Monmouth's legendary
History of the Kings of
Britain (ca. 1136) is the single combat between prince
Nennius of Britain and
Julius Caesar.
Single combat was also a prelude to battles in
pre-Islamic Arabia and
early
Islamic battles.
For example, at the
Battle of
Badr
, one of the most important in the early history of Islam, was opened by
three champions of the Islamic side (Ali, Ubaydah, and Hamzah)
stepping forward, engaging and defeating three of the then-Pagan
Meccans
, although Ubaydah was mortally wounded. This
result of the three single combats was considered to have
substantially contributed to the Muslim victory in the overall
battle which followed. Duels were also part of other battles at the
time of
Muhammad, such as the
battle of Uhud,
battle of the Trench and the
battle of Khaybar.
Single
combats were a major characteristic in the traditional Samurai fighting of medieval Japan
, and the
samurai despised the mass fighting style of the Mongols who invaded their country and saw it as
inferior (see Mongol invasions of
Japan#Significance).
The
1380 Battle of Kulikovo
, a key event in the wars between the Tartaro-Mongols and the
Russians, was allegedly opened by a single
combat of two champions: the Russian Alexander Peresvet, and the Golden Horde's Temir-murza (also Chelubey or
Cheli-bey). The champions killed each other in the first
run, though according to Russian
legend,
Peresvet did not fall from the
saddle, while
Temir-murza fell.
In
personal combat fought on the backs of war
elephants in a war between Burma
and Siam
, Siamese
King Naresuan slew Burmese Crown Prince
Minchit Sra in 1593.
Captain
John Smith of
Jamestown, in his earlier career as a mercenary in Eastern
Europe, is reputed to have defeated, killed and beheaded Turkish
commanders in three single combats, for which he was
knighted by the
Transylvanian Prince
Sigismund Báthory and given a horse
and
coat of Arms showing three Turks'
heads..
Single combats are especially common during battles fought between
mounted aristocratic warriors (or earlier, driving
chariots), a type of warfare allowing considerable
freedom of manoeuvre and initiative to individual warriors.Single
combat is less feasible where battles are fought by bodies of
infantry whose success depends upon keeping an exact formation,
such as the ancient
phalanx and
maniple and in later times
the various formations of
pikemen.
Duelling in particular regions
Germany, Austria, Switzerland
Historically a form of non-lethal duelling called
Mensur was a tradition among students in these
countries, and still exists as
Academic
fencing. This form of duelling is all about honour, therefore
it is non-competitive.
- "a traditional way of training and educating character and
personality ... there is neither winner nor loser ... the goal
being less to avoid injury than to endure it stoically"
Greece
In the
Ionian
Islands
in the 19th century, there was a practice of
formalised fighting between men over points of honour.
Knives were the weapons used in such fights. They would begin with
an exchange of sexually-related insults in a public place such as a
tavern, and the men would fight with the intention of slashing the
other's face, rather than killing. As soon as blood was drawn
onlookers would intervene to separate the men. The winner would
often spit on his opponent and dip his neckerchief in the blood of
the loser, or wipe the blood off his knife with it.
The winner would generally make no attempt to avoid arrest and
would receive a light penalty, such as a short jail sentence and/or
a small fine.
India
In the
South Indian
state of
Kerala
, duelling
between warriors was used to settle conflicts between local
rulers. The practice ended in the early 1800s following the
outlaw of
Kalaripayattu by British
Colonialists. The prime martial caste of Kerala,
Nairs, and some prominent
Ezhava
families made up the
Chekavars (which
literally means "those who are prepared to die" in the local
Malayalam language). Some prominent
warriors who took part in
Ankam (duel) were
Thacholi Othenan,
Unniarcha,
Aromal
Chekavar, whose legends are described in the
Vadukkan
Pattukal (Northern Ballads).
The Mamankam
Festival held by the Zamorin ruler in the
kingdom of modern day Calicut
, was a ritual which glorified the martial
traditions of warrior families in the Malabar. The ritual ended after the Zamorin
was overthrown.
Ireland
In 1777,
at the Summer assizes in the town of Clonmel
, County
Tipperary
, a code of practice was drawn up for the regulation
of duels. It was agreed by delegates from Tipperary,
Galway
, Mayo
, Sligo
and Roscommon
, and intended for general
adoptionthroughout Ireland
. A
copy of the code, known generally as 'The thirty-six commandments',
was to be kept in a gentleman's pistol case for reference should a
dispute arise regarding procedure. An amended version known as 'The
Irish Code of Honor', and consisting of twenty-five rules, was
adopted in some parts of the United States.The first article of the
code stated:
Rule 1.--The first offence requires the apology,
although the retortmay have been more offensive than the
insult.--Example: A. tells B. heis impertinent, &C.; B.
retorts, that he lies; yet A. must make thefirst apology, because
he gave the first offence, and then, (after onefire,) B. may
explain away the retort by subsequent apology.
The 19th century statesman,
Daniel
O'Connell, was a noted duellist in his earlier years. Following
the death of an opponent at his hands, O'Connell repented and from
that time wore a white glove on his right hand when attending
Mass as a public symbol of his
regret.
In 1862, in an article entitled
Dead (and gone) Shots,
Charles Dickens recalled the rules
and myths of Irish duelling in his periodical
All the Year Round.
Poland
In Poland duels have been known since the Middle Ages. Polish duel
rules were formed, based on Italian, French and German codes. The
best known
Polish code
was written as late as in 1919 by Władysław Boziewicz. In those
times duels were already forbidden in Poland, but the "Polish
Honorary Code" was quite widely in use. Punishments for
participation in duels were rather mild (up to a year imprisonment
if the result was death or grievous bodily harm).
[23612]
Philippines
Duelling is widely known to have existed for centuries in the
Philippine Islands. In the Visayan islands, the offended party
would first "hagit" or challenge the offender. The offender would
have the choice whether to accept or decline the challenge. In the
past, choice of weapons was not limited. But most often,
bolos, rattan canes, and knives were the preferred
weapons. Rules may be agreed upon. Duels were either first-blood,
submission, or to the last man standing (last man still alive).
Duels to death were known as "huego-todo" (without bounds).
Widely publicised duels are common in
Filipino martial arts circles. One of
those very controversial and publicised duels was between Ciriaco
"Cacoy" Cañete and Venancio "Ansiong" Bacon. It was rumoured that
Cacoy won in this match by executing an illegal manoeuvre, but this
rumour has not been proven to this day. Another match was between
Cacoy and a man identified only by his name "Domingo" in the
mountain barangay of Balamban in 1948, which was also very
controversial. Some claimed that this event was just a hoax.
Opposition to duelling
The
Roman Catholic Church and many
political leaders, like King James VI & I of
Scotland
and England
, usually
denounced duelling throughout Europe's
history, though some authorities tacitly allowed it, believing it
to relieve long-standing familial and social tensions.
United Kingdom
Even though some of the most famous duels in British history took
place in the early 19th century, as referred to above, by the mid
19th century duelling was widely frowned on, and largely ceased to
occur.
France
King
Louis XIII of France outlawed
dueling in 1626, and duels remained illegal in France ever
afterward. At least one noble was beheaded for fighting a duel
during Louis's reign, and his successor
Louis XIV intensified efforts to wipe
out the duel. Despite these efforts, dueling continued. French
officers fought 10,000 duels, leading to over 400 deaths, between
1685 and 1716.
Canada
Dueling
is illegal in Canada
, pursuant to
s. 71 of the
Criminal Code
which states:
- Every one who:
- :(a) challenges or attempts by any means to provoke another
person to fight a duel,
- :(b) attempts to provoke a person to challenge another person
to fight a duel, or
- :(c) accepts a challenge to fight a duel,
- is guilty of an indictable offence and liable to imprisonment
for a term not exceeding two years.
United States
History
Duelling began to fall out of favor in America in the 18th century.
Benjamin Franklin denounced the
practice as uselessly violent, and
George Washington encouraged his officers
to refuse challenges during the
American Revolutionary War
because he believed that the death by duelling of officers would
have threatened the success of the war effort.
By the end of the 19th century, legalised dueling was almost
extinct in most of the world. As shown below, some U.S. states do
not have any statute or constitutional provision prohibiting
dueling, though the party causing injury in a duel may be
prosecuted under the applicable laws relating to bodily harm or
manslaughter.
State constitutional provisions and military laws prohibiting
dueling
Several states have very high-level bans laid against duelling,
with stiff penalties for violation. Several
United States state
constitutions ban the practice, the most common penalty being
disenfranchisement and/or disqualification from all offices. As
well, Article 114 of the
Uniform Code of Military
Justice makes duelling by a member of the armed forces a
military crime.
- Constitution of Alabama
(Article IV, Section 86):
- "The Legislature shall pass
such penal laws as it may deem
expedient to suppress the evil practice of duelling."
- Constitution of
Arkansas (Article XIX, Section 2)
- "No person who may hereafter fight a duel, assist in the same
as second, or send, accept, or knowingly carry a challenge
therefor, shall hold any office in the State, for a period of ten
years; and may be otherwise punished as the law may
prescribe."
- Constitution of Florida
of 1838, Article 6, Section 5:
- "No person shall be capable of holding, or of being elected to
any post of honor, profit, trust, or emolument, civil or military,
legislative, executive, or judicial, under the government of this
State, who shall hereafter fight a duel, or send, or accept a
challenge to fight a duel, the probable issue of which may be the
death of the challenger, or challenged, or who shall be a second to
either party, or who shall in any manner aid, or assist in such
duel, or shall be knowingly the bearer of such challenge, or
acceptance, whether the same occur, or be committed in or out of
the State."
- Constitution of Iowa
(Article I, Section 5) (repealed):
- "Any citizen of this State who may hereafter be engaged, either
directly, or indirectly, in a duel, either as principal, or
accessory before the fact, shall forever be disqualified from
holding any office under the Constitution and laws of this State."
(This section was repealed by Constitutional Amendment 43 in
1992.)
- Constitution of
Kentucky (Section 228 and 239):
- "Members of the General
Assembly and all officers, before they enter upon the execution
of the duties of their respective offices, and all members of the
bar, before they enter upon the practice of their profession, shall
take the following oath or affirmation: I do solemnly swear (or
affirm, as the case may be) that I will support the Constitution of
the United States and the Constitution of this Commonwealth, and be
faithful and true to the Commonwealth of Kentucky so long as
I continue a citizen thereof, and that I will faithfully execute,
to the best of my ability, the office of .... according to law; and
I do further solemnly swear (or affirm) that since the adoption of
the present Constitution, I, being a citizen of this State, have
not fought a duel with deadly weapons within this State nor out of
it, nor have I sent or accepted a challenge to fight a duel with
deadly weapons, nor have I acted as second in carrying a challenge,
nor aided or assisted any person thus offending, so help me
God."
- "Any person who shall, after the adoption of this Constitution,
either directly or indirectly, give, accept or knowingly carry a
challenge to any person or persons to fight in single combat, with
a citizen of this State, with a deadly weapon, either in or out of
the State, shall be deprived of the right to hold any office of
honor or profit in this Commonwealth; and if said acts, or any of
them, be committed within this State, the person or persons so
committing them shall be further punished in such manner as the
General Assembly may prescribe by law."
- Constitution of
Mississippi (Article 3, Section 19):
- "Human life shall not be imperiled by the practice of dueling;
and any citizen of this state who shall
hereafter fight a duel, or assist in the same as second, or send,
accept, or knowingly carry a challenge therefor, whether such an
act be done in the state, or out of it, or who shall go out of the
state to fight a duel, or to assist in the same as second, or to
send, accept, or carry a challenge, shall be disqualified from
holding any office under this Constitution, and shall be disenfranchised."
- Constitution of Oregon
(Article II, Section 9)
- "Every person who shall give, or accept a challenge to fight a
duel, or who shall knowingly carry to another person such
challenge, or who shall agree to go out of the State to fight a
duel, shall be ineligible to any office of trust, or profit."
- Constitution of South
Carolina (Article XVII, Section 1B)
- "After the adoption of this Constitution any person who shall
fight a duel or send or accept a challenge for that purpose, or be
an aider or abettor in fighting a duel, shall be deprived of
holding any office of honor or trust in this State, and shall be
otherwise punished as the law shall prescribe."
- Constitution of
Tennessee (Article IX, Section 3):
- "Any person who shall, after the adoption of this Constitution,
fight a duel, or knowingly be the bearer of a challenge to fight a
duel, or send or accept a challenge for that purpose, or be an
aider or abettor in fighting a duel, shall be deprived of the right
to hold any office of honor or profit in this state, and shall be
punished otherwise, in such manner as the Legislature may
prescribe."
- Constitution of West
Virginia (Article IV, Section 10)
- "Any citizen of this state, who shall, after the adoption of
this constitution, either in or out of the state, fight a duel with
deadly weapons, or send or accept a challenge so to do, or who
shall act as a second or knowingly aid or assist in such duel,
shall, ever thereafter, be incapable of holding any office of
honor, trust or profit in this state."
- Uniform Code of
Military Justice (Article 114):
- "Any person subject to this chapter who fights or promotes, or
is concerned in or connives at fighting a duel, or who, having
knowledge of a challenge sent or about to be sent, fails to report
the facts promptly to the proper authority, shall be punished as a
court-martial may direct."
State and territorial laws prohibiting dueling
20
states, along with the District of Columbia
and Puerto Rico, have
some statute(s) (including constitutional provisions) specifically
prohibiting dueling. The remaining 30 states either have no
such statute or constitutional provision, or limit their dueling
prohibition to members of their state national guard. This does not
necessarily mean, however, that dueling is legal in any state, as
assault and murder laws can apply. The following is a list of each
state and/or territory's status with respect to laws prohibiting
dueling:
- Alabama
– See Constitution above
- Alaska
– No
statutory dueling prohibition
- Arizona
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- Arkansas
– See Constitution above; specifically prohibited
for personnel of the state national guard
- California
– California Penal Code Sections 225 through
232
- Colorado
– C.R.S. 18-13-104
- Connecticut
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- Delaware
– No statutory dueling
prohibition
- Florida
– See Constitution above
- District of Columbia
– D.C. Code 22-1302
- Georgia
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- Hawaii
–
No statutory dueling prohibition for civilians;
prohibited for personnel of the state national guard
- Idaho
– Idaho
Code 19-303
- Illinois
– No statutory dueling
prohibition
- Indiana
– No statutory dueling
prohibition
- Iowa
–
No statutory dueling prohibition for civilians;
prohibited for personnel of the state national guard
- Kansas
–
No statutory dueling prohibition for civilians;
prohibited for personnel of the state national guard
- Kentucky
– K.R.S. 437.030
- Louisiana
– No statutory dueling
prohibition
- Maine
–
No statutory dueling prohibition
- Maryland
– No statutory dueling
prohibition
- Massachusetts
– G.L.Mass. ch. 265, sections 3–4
- Michigan
– M.C.L.S. 750.171–750.173a; M.C.L.S.
750.319 and 750.320
- Minnesota
– No statutory dueling
prohibition
- Mississippi
– Miss. Code Ann. Title 97, Chapter 39
- Missouri
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- Montana
– No statutory dueling
prohibition
- Nebraska
– No statutory dueling
prohibition
- Nevada
– Nev.
Rev. Stat. Ann. 200.430 through 200.450
- New Hampshire
– No statutory dueling
prohibition
- New
Jersey
– No statutory dueling
prohibition
- New
Mexico
– N.M. Stat. Ann. 30-20-11
- New
York
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- North Carolina
– No statutory dueling
prohibition
- North Dakota
– N.D. Cent. Code 29-03-02
- Ohio
–
No statutory dueling prohibition for civilians;
prohibited for personnel of the state national guard
- Oklahoma
– 21 Okl. St., Chapter 22
- Oregon
– See
Constitution above; also specifically prohibited for personnel of
the state national guard
- Pennsylvania
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- Puerto Rico – 33 L.P.R.A. 4035
- Rhode Island
– R.I. Gen. Laws, Title 11, Chapter 12
- South Carolina
– See Constitution above; 16 S.C. Code Ann.,
Chapter 3, Article 5
- South Dakota
– No statutory dueling
prohibition
- Tennessee
– See Constitution above
- Texas
–
No statutory dueling prohibition
- Utah
– Utah
Code Ann. 76-5-104 (homicide includes dueling and other
"consensual altercations")
- Vermont
– No statutory dueling
prohibition
- Virginia
– No speciffic statutory dueling
prohibition, To stop dueling, Virginia's Anti-Dueling Act,
passed in 1810, created civil and criminal penalties for the most
usual causes of dueling. 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. see 1 VA. CODE REV. § 8 (1819), quoted in Chaffin v.
Lynch, 1 S.E. 803, 806 (Va. 1887).
- Washington
– No statutory dueling prohibition for
civilians; prohibited for personnel of the state national
guard
- West Virginia
– See Constitution above; W.Va. Code 61-2-18
through 61-2-25
- Wisconsin
– No statutory dueling
prohibition
- Wyoming
– No statutory dueling
prohibition
Anti-dueling pamphlets
Image:AntiDuelingPamphletEliphaletNott1804.jpg|1804 Anti-dueling
sermon by an acquaintance of
Alexander
HamiltonImage:EliphaletNottSermonDeathOfAlexanderHamiltonPartialText1809.jpg|Opening
text of 1804
sermonImage:TheRemedyForDuelingSermonLymanBeecherPamphlet1809.jpg|Anti-Dueling
Association of New York pamphlet,
Remedy,
1809Image:AntiDuelingAssocOfNYResolutions1809.jpg|Resolutions,
Anti-Dueling Association of N.Y., from
Remedy pamphlet,
1809Image:AntiDuellingAssocOfNYAddressToNY1809.jpg|Address to the
electorate, from
Remedy pamphlet
France
The last
duel in France
took place
in 1967 when Gaston Deferre insulted
René Ribière at the French
parliament and was subsequentially challenged to a duel fought with
swords. René Ribière lost the duel, Deferre's sword having
twice shed Ribière's blood. René Ribière was only slightly
injured.
Latin America
In much of
South America duels were
common during the 20th century
[23613], although generally illegal.
- In
Mexico, April 2009, 31 year-old Joseph Berrelleza and 18 year-old
Eduardo Jesús Argüelles Rábago fought a duel in the state of
Sinaloa
. The duellists were 5 metres apart from each
other and each used his own gun. Both were seriously wounded in the
encounter.
- In Peru there were several high-profile duels by politicians in
the early part of the twentieth century including one in 1957
involving Fernando Belaúnde
Terry—who went on to become President.
- Uruguay
decriminalised duelling in 1920, and in that year
José Batlle y
Ordóñez, a former President of Uruguay, killed Washington
Beltran, editor of the newspaper El País, in a formal duel fought
with pistols. In 1990 another editor was challenged to a
duel by an assistant police chief[23614]. Although approved by the government
the duel did not take place—and in 1992 Uruguay repealed the 1920
law.
- In
2002 Peruvian
independent congressman, Eittel Ramos, challenged
Peruvian Vice President, David Waisman
to a duel with pistols, saying the vice president had insulted
him. Waisman declined.[23615]
- 1952:
Chile
. Senator Salvador Allende (later president of Chile) was challenged to a
duel by his colleague Raúl Rettig
(later head of a commission that investigated human rights
violations committed during the 1973–1990 military rule in
Chile). Both men agreed to fire one shot at each other. Both
deliberately missed. At that time, duelling was already illegal in
Chile.
Japan
- In May 2005, twelve youths aged between fifteen and seventeen
were arrested in Japan and charged with violating a duelling law
that came into effect in 1889. Six other youths were also arrested
on the same charges in March.
Cinematic duels
In the world of cinema, duelling has provided themes for such
motion pictures as
Stanley Kubrick's
1975
Barry Lyndon (an
adaptation of a novel by
William Makepeace Thackeray from
1844) and
Ridley Scott's 1977
The Duellists, which adapted
Joseph Conrad's 1908 short story
The Duel,
[23616]
[http://www.isidore-of-seville.com/dueling/4. The 1943 film
The Life and
Death of Colonel Blimp shows two main characters becoming
friends after fighting a duel, the preparations for which are shown
in great detail. Perhaps most notable of all however, is the career
of
Max Ophuls, who employs duels to
resolve passionate conflicts in a number of his films. In 1974's
The Man with the
Golden Gun the duel between Bond and Scaramanga is
refereed by Nick-Nack, who tells both contestants that this is a
duel to the death; no wounding is allowed and, if necessary, Nick
Nack will administer the coup-de-grace.
See also
References
- John Albert Lynn, Giant of the Grand Siecle, p. 256,
says that dueling was outlawed in 1626 in France and never again
legalised, despite thousands of violations.
- Lynn, 255
-
http://www.pbs.org/opb/historydetectives/techniques/pup_wd.html
- http://gaslight.mtroyal.ab.ca/gaslight/mysticXN.htm
- Will and Ariel Durant (1950), The Age of Faith, p.
573.
- Lynn, p. 255, 257.
- http://www.classicalfencing.com/articles/Angelo.php accessed
7/25/2009
- http://pages.sbcglobal.net/blyle/Angelo/46.png accessed
7/25/2009
- The Dishonor of Dueling, Ariel A. Roth
-
http://www.classicauthors.net/Paine/twainbio/twainbio46.html
-
http://twain.classicauthors.net/autobiography/autobiography8.html
- http://www.twaintimes.net/page4.htm
- The common is steeped in history, at Keep Englefield Green
- The Heritage
- Smithsonian Magazine
- Isaac
Asimov, Treasury of Humor, page
202.
- Sunan Abu Dawud: Book 14, Number 2659
- Not Just Another John Smith, usnews.com,
January 21, 2007
-
http://www.historycooperative.org/journals/ahr/105.2/ah000359.html
- Lynn, p. 257.
- A.R.S. 26-1114
- Conn. Gen. Stat. 27-251
- O.C.G.A. 38-2-546
- H.R.S. 124A-147
- Iowa Code 29B.108
- K.S.A. 48-3036
- 40.385, R.S.Mo.
- N.Y. Mil. Law 130.108
- O.R.C. Ann. 5924.114
- O.R.S. 398.393
- 51 Pa.C.S. 6036
- Rev. Code Wash. 38.38.768
- Time Magazine
- http://www.eluniversal.com.mx/notas/589707.html
Sources
- Baldick, Robert. The Duel: A History of Duelling. London:
Chapman & Hall, 1965.
- Cramer, Clayton. Concealed Weapon Laws of the Early
Republic: Dueling, Southern Violence, and Moral Reform
- Freeman, Joanne B. Affairs of Honor: National Politics in
the New Republic (New Haven: Yale University Press, 2001;
paperback ed., 2002)
- Freeman, Joanne B. "Dueling as Politics: Reinterpreting the
Burr-Hamilton Duel." The William and Mary Quarterly, 3d series, 53
(April 1996): 289–318.
- Frevert, Ute. "Men of Honour: A Social and Cultural History of
the Duel." trans. Anthony Williams Cambridge: Polity Press,
1995.
- Greenberg, Kenneth S. "The Nose, the Lie, and the Duel in the
Antebellum South." American Historical Review 95 (February 1990):
57–73.
- James Kelly. That Damn'd Thing Called Honour: Duelling in
Ireland 1570–1860" (1995)
- Kevin McAleer. Dueling: The Cult of Honor in Fin-de-Siecle
Germany (1994)
- Morgan, Cecilia. "'In Search of the Phantom Misnamed Honour':
Duelling in Upper Canada." Canadian Historical Review 1995
76(4): 529–562.
- Rorabaugh, W. J. "The Political Duel in the Early Republic:
Burr v. Hamilton." Journal of the Early Republic 15 (Spring 1995):
1–23.
- Schwartz, Warren F., Keith Baxter and David Ryan. "The Duel:
Can these Gentlemen be Acting Efficiently?." The Journal of Legal
Studies 13 (June 1984): 321–355.
- Steward, Dick. Duels and the Roots of Violence in
Missouri (2000),
- Williams, Jack K. Dueling in the Old South: Vignettes of
Social History (1980) (1999),
- Wyatt-Brown, Bertram. Honor and Violence in the Old
South (1986)
- Wyatt-Brown, Bertram. Southern Honor: Ethics and Behavior
in the Old South (1982),
Popular works
- The Code of Honor; or, Rules for the Government of
Principals and Seconds in Duelling, John Lyde Wilson 1838
- The Field of Honor Benjamin C. Truman. (1884); reissued as Duelling
in America (1993).
- Savannah Duels & Duellists, Thomas Gamble
(1923)
- Gentlemen, Swords and Pistols, Harnett C. Kane
(1951)
- Pistols at Ten Paces: The Story of the Code of Honor in
America, William Oliver Stevens (1940)
- The Duel: A History, Robert Baldick (1965, 1996)
- Dueling With the Sword and Pistol: 400 Years of One-on-One
Combat, Paul Kirchner (2004)
- Duel, James Landale
(2005). ISBN 1-84195-647-3. The story of the last fatal duel in
Scotland
- Ritualized Violence Russian Style: The Duel in Russian
Culture and Literature, Irina Reyfman (1999).
External links
- Allen, Douglas, W., and Reed, Clyde, G., 2006, " The Duel
of Honor: Screening for Unobservable Social Capital,"
American Law and Economics Review: 1–35.
- "Duels and Dueling on the Web", "...a
comprehensive guide and web directory to pistol and sword dueling
in history, literature and film..."