The American law does not apply to the case of a duel fought by a citizen of the United States outside the geographical limits of that country.
According to Mr. R. Newton Crane no offence is committed by the fact that an American citizen has participated in a duel beyond the jurisdiction of the United States. The citizenship of the combatant, is in such circumstances, immaterial.
On the other hand, sending, knowingly bearing, or accepting a challenge in England or America, renders the sender, bearer, or accepter, liable to punishment by the laws of England or America, as the case may be, whether the duel is subsequently fought or not, and whether it is fought in England or America or abroad, and whether the offending party is an Englishman, American, or a foreigner. Provoking a man to send a challenge is also an indictable offence.
The law applicable to the punishment for actually fighting the duel, is, on the other hand, the law of the place where the duel is fought, and that law only, applies to the offence.
Provocation, however great, is no excuse, although it might weigh with the court in fixing the punishment.
Under the English law the punishment for sending, bearing or accepting a challenge is fine or imprisonment without hard labour, or both.
Each of the States of the United States has penalties for the offence, which though differing in detail are practically the same in substance as those provided by the law of England.
It seems, therefore, that a citizen of the United States of America, can safely fight a duel in a country where duelling is permitted with a man of any nationality, provided he does not challenge, accept a challenge, or fight him on American or British soil.