Duels, Elections, and the
Illinois State Constitution
“Any person who shall, after the adoption of this constitution, fight a duel, or send or accept a
challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the
right of holding any office of honor or profit in this state, and shall be punished otherwise, in
such manner as is or may be prescribed by law.”
-Illinois Constitution of 1848 (Article XIII Section 25)
While state government in Illinois may seem contentious today, did you know that at one point Illinois
actually needed a Constitutional provision barring people who had been involved in duels from holding
public office? The Constitution of 1848 included a special section that was intended to curb a dueling
epidemic. All state office holders were required to swear a special inaugural oath verifying that they had
never fought in or accepted a challenge to duel, or acted as a second in a duel.
“I do solemnly swear (or affirm, as the case may be) that I have not fought a duel, nor sent or
accepted a challenge to fight a duel, the probable issue of which might have been the death of
either party, nor been a second to either party, nor in any manner aided or assisted in such
duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the
constitution; and that I will not be so engaged or concerned, directly or indirectly, in or about
any such duel, during my continuance in office. So help me God.”
-Illinois Constitution of 1848 (Article XIII Section 26)
This anti-dueling provision became an issue during election of 1856 when William Henry Bissell faced
William A. Richardson in a contest for the Governor’s office. Bissell, while serving in Congress in 1850,
had been challenged to a duel by none-other than future Confederate President Jefferson Davis who felt
slighted by an impassioned speech Bissell had made accusing his southern colleagues of plotting
secession.
Typically, Northern statesmen refused to settle disputes through dueling. Bissell, however, accepted
Davis’s challenge and stipulated that the two men would duel at close range using army muskets loaded
with ball and buckshot. Ultimately, Davis chose to accept an explanation for the perceived slight that he
had rejected before and backed out of the duel.
Bissell’s speech, and decision to accept Davis’s duel, made him something of a folk-hero back in his
home state of Illinois. His popularity was so great that even six years later, despite the anti-dueling
provision, he was elected to be the 11th Governor of the State of Illinois.
Many would argue that Bissell’s acceptance of the duel disqualified him from being Governor of Illinois;
however, he argued that since the incident happened in Washington D.C., instead of in Illinois, he was
not in violation of the state Constitution.
Today, state office holders are not required to take the anti-dueling oath.