CHRISTIAN COUNTY, KY (CHRISTIAN COUNTY NOW) – As several Hopkinsville and Christian County officials prepare to be sworn into office at the end of the year, residents are reminded of the unique 100-year-old constitutional requirement that ensures elected candidates have not participated in an old-fashioned duel.
“Prior to the adoption of the Constitution, dueling was a common practice to settle disputes,” City of Hopkinsville Attorney Doug Willen told Christian County Now. In Section 228 of the Kentucky’s Constitution, there remains a link with the commonwealth’s violent past known as the “dueling clause,” as described by the Secretary of State website.
This has been in place since 1891 and requires officials in Christian County and throughout the state to affirm the following phrase with elected officials when being sworn into office.
“…I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I being a citizen of the state, have not fought a duel with deadly weapons within the State or nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as a second in carrying a challenge nor aided or assisted any person thus offending, so help me God.”
What is a duel
A duel in this context is indeed referring to the brutal way that gentlemen would settle disputes in the 1700s and 1800s, generally triggered by an insult to their honor or integrity often through “posting” or public humiliation through name calling.
Each party would appoint a “second” who would act as a mediator to establish the means, time and place, often using guns. Then both men would line up back-to-back, take a predetermined number of steps, then turn and fire their weapons at each other. These duels could result in surrender, mercy, minor injury or death.
41 formal duels took place in the commonwealth between 1790 and 1867, mostly involving Kentucky politicians over legislative issues. This became so common that Kentucky lawmakers felt that an official statement in the commonwealth’s highest legal document banning would-be elected officials from participating in duels would send a message to those who still might resort to violence to settle disputes, according to the SOS website.
“If nothing else, the Constitutional Oath gives us a reminder that holding public office requires disputes to be settled in a civil manner,” added Willen.
How this impacts officials today in Christian County
All candidates who are be sworn in as mayor, city councilmember, or any other elected position has to undergo the same swearing in process, denouncing the act of duels. This was most recently evident as Whitney Holland was sworn into the Christian County Board of Education.
At the time of her swearing in, CCPS Attorney Jack Lackey dawned a smile as he asked Holland to confirm her lack of duel participation. Over the summer when Marie Hughes was sworn into the Hopkinsville City Council to fill a vacancy, the duel clause prompted a room of chuckles.
“When I was first sworn in by Chief Justice Stephens in 1985, I had the same reaction as most everyone, since dueling is not something we are familiar with,” said Willen, weighing in on this fun piece of history.
He added that there is an additional provision in Section 229 of the state’s Constitution which said that any person involved in a duel will not be allowed to hold any public office.
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