1810 — Illinois — Dueling

1809-1811 Ill. L. p. 25-27

Summary

Prohibited dueling with weapons, and if one kills another in a duel they were to be hanged.

Statutory Text

Be it enacted by the Acting Governor and Judges of the Illinois Territory, and it is hereby enactd by the authority of the same: That any person who shall hereafter wilfully and maliciously, or by previous agreement, fight a duel or single combat with any engine, instrument or weapon, the probable consequence of which might be death of either party, and in so doing shall kill his antagonist, or any other person or persons, or inflict such as that the person injured shall die thereof within three months thereafter, such offender, his aiders, abettors, and counsellors being thereof duly convicted, shall be guilty of murder and suffer death by being hanged by the neck, by law, custom or usage of this Territory to the contrary notwithstanding.

And be it further enacted: That if any person whatsoever shall challenge another to fight a duel with any weapon, or in any way whatsoever, the probable issue of which may, or might, terminate in the death of the challenger or challenged, such person shall be incapable of holding, or being elected to, any post of profit, trust, or emolument, civil or military under the government of this Territory.

And be it [further] enacted: That from and after the passing of this act, every person, who shall be appointed to any office or place, civil or military, in this Territory, shall in addition to the oath now prescribed by law, take the following oath: “I do solemnly swear, or affirm, (as the case may be) that I have not been engaged in a duel by sending or accepting a challenge to fight a duel, or by fighting a duel, or in any other manner in violation of the act, entitled, “An act to suppress duelling” (since the passage of that act), nor will I be so concerned directly or indirectly in such duel during my continuance in office, so help me God.”

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Details

Title 1810 — Illinois — Dueling
Conduct Use
Instrument Other Arms
Jurisdiction IL
Date 1810