CHAPTER XVI.

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In February, 1804, Colonel Burr was nominated, at a public meeting held in the city of New-York, as a candidate for the office of governor. At this meeting Colonel Marinus Willett presided as chairman, and Ezekiel Robbins acted as secretary. Both these gentlemen were well known as efficient members of the democratic party. Judge Morgan Lewis was the opposing and successful candidate. This contest was of an acrimonious character. While the great mass of the democratic party supported Judge Lewis, a section of that party, alike distinguished for their talents and patriotism, sustained Colonel Burr. Nor were these divisions confined to the ranks of the democracy. Among the federalists similar dissensions sprang up. General Hamilton, and all that portion of politicians over whom he had a controlling influence, opposed the election of Colonel Burr with an ardour bordering on fanaticism. The press teemed with libels of the most atrocious character. An event connected with this election has rendered it memorable in the history of our state and country. A letter, written by Dr. Charles D. Cooper, and published pending the election, ultimately led to the hostile and fatal meeting between General Hamilton and Colonel Burr. Immediately after the death of the former gentleman, Judge William P. Van Ness, the second of Colonel Burr, published the correspondence between the parties, with a statement of the conversations he held with General Hamilton and Judge Pendleton, the second of the general. As their accuracy has never been called in question, they are now presented in the form in which they then appeared.

STATEMENT.

On the afternoon of the 17th of June last (1804), says Judge Van Ness, I received a note from Colonel Burr [1] requesting me to call on him the following morning. Upon my arrival he alleged that it had, of late, been frequently stated to him that General Hamilton had, at different times and upon various occasions, used language and expressed opinions highly injurious to his reputation; that he had for some time felt the necessity of calling on General Hamilton for an explanation of his conduct, but that the statements which had been made to him did not appear sufficiently authentic to justify the measure; that, a newspaper had, however, been recently put into his hands, in which he perceived a letter signed Charles D. Cooper, containing something which he thought demanded immediate investigation. Urged by these circumstances, and justified by the evident opinion of his friends, he had determined to write General Hamilton a note upon the subject, which he requested me to deliver. I assented to this request, and, on my return to the city, which was at eleven o'clock the same morning, I delivered to General Hamilton the note which I received from Colonel Burr for that purpose, and of which the following is a copy.

No. I.

New-York, June 18, 1804.

SIR,

I send for your perusal a letter signed Charles D. Cooper, which, though apparently published some time ago, has but very recently come to my knowledge. Mr. Van Ness, who does me the favour to deliver this, will point out to you that clause of the letter to which I particularly request your attention.

You must perceive, sir, the necessity of a prompt and unqualified acknowledgment or denial of the use of any expressions which would warrant the assertions of Mr. Cooper.

I have the honour to be

Your obedient servant,

A. BURR.

General HAMILTON.

General Hamilton read the note of Mr. Burr, and the printed letter of Mr. Cooper to which it refers, and remarked that they required some consideration, and that in the course of the day he would send an answer to my office. At half past ten o'clock General Hamilton called at my house, and said that a variety of engagements would demand his attention during the whole of that day and the next; but that on Wednesday, the 20th inst., he would furnish me with such an answer to Colonel Burr's letter as he should deem most suitable and compatible with his feelings. In the evening of Wednesday, the 20th, while I was from home, the following letter, addressed to Colonel Burr, was left at my house, under cover to me.

No. II.

New-York, June 20, 1804.

SIR,

I have maturely reflected on the subject of your letter of the 18th inst., and the more I have reflected the more I have become convinced that I could not, without manifest impropriety, make the avowal or disavowal which you seem to think necessary. The clause pointed out by Mr. Van Ness is in these terms: "I could detail to you a still more despicable opinion which General Hamilton has expressed of Mr. Burr." To endeavour to discover the meaning of this declaration, I was obliged to seek in the antecedent part of this letter for the opinion to which it referred as having been already disclosed. I found it in these words: "General Hamilton and Judge Kent have declared, in substance, that they looked upon Mr. Burr to be a dangerous man, and one who ought not to be trusted with the reins of government."

The language of Doctor Cooper plainly implies that he considered this opinion of you, which he attributes to me, as a despicable one; but he affirms that I have expressed some other more despicable, without, however, mentioning to whom, when, or where. 'Tis evident that the phrase "still more despicable" admits of infinite shades, from very light to very dark. How am I to judge of the degree intended? Or how shall I annex any precise idea to language so indefinite?

Between gentlemen, despicable and more despicable are not worth the pains of distinction; when, therefore, you do not interrogate me as to the opinion which is specifically ascribed to me, I must conclude that you view it as within the limits to which the animadversions of political opponents upon each other may justifiably extend, and, consequently, as not warranting the idea which Doctor Cooper appears to entertain. If so, what precise inference could you draw as a guide for your conduct, were I to acknowledge that I had expressed an opinion of you still more despicable than the one which is particularized? How could you be sure that even this opinion had exceeded the bounds which you would yourself deem admissible between political opponents?

But I forbear further comment on the embarrassment to which the requisition you have made naturally leads. The occasion forbids a more ample illustration, though nothing could be more easy than to pursue it.

Repeating that I cannot reconcile it with propriety to make the acknowledgment or denial you desire, I will add, that I deem it inadmissible, on principle, to consent to be interrogated as to the justice of the inferences which may be drawn by others from whatever I have said of a political opponent in the course of fifteen years competition. If there were no other objection to it, this is sufficient, that it would tend to expose my sincerity and delicacy to injurious imputations from every person who may at any time have conceived the import of my expressions differently from what I may then have intended or may afterward recollect. I stand ready to avow or disavow promptly and explicitly any precise or definite opinion which I may be charged with having declared of any gentleman. More than this cannot fitly be expected from me; and, especially, it cannot be reasonably expected that I shall enter into any explanation upon a basis so vague as that you have adopted. I trust, on more reflection, you will see the matter in the same light with me. If not, I can only regret the circumstance, and must abide the consequences.

The publication of Doctor Cooper was never seen by me till after the receipt of your letter. I have the honour to be, &c.,

A. HAMILTON.

Colonel BURR.

On the morning of Thursday, the 21st, I delivered to Colonel Burr the above letter, and, in the evening, was furnished with the following letter for General Hamilton, which I delivered to him at 12 o'clock on Friday, the 22d inst.

No. III.

New-York, June 21, 1804.

SIR,

Your letter of the 20th inst. has been this day received. Having considered it attentively, I regret to find in it nothing of that sincerity and delicacy which you profess to value.

Political opposition can never absolve gentlemen from the necessity of a rigid adherence to the laws of honour and the rules of decorum. I neither claim such privilege nor indulge it in others.

The common sense of mankind affixes to the epithet adopted by Doctor Cooper the idea of dishonour. It has been publicly applied to me under the sanction of your name. The question is not whether he has understood the meaning of the word, or has used it according to syntax and with grammatical accuracy, but whether you have authorized this application, either directly or by uttering expressions or opinions derogatory to my honour. The time "when" is in your own knowledge, but no way material to me, as the calumny has now first been disclosed so as to become the subject of my notice, and as the effect is present and palpable.

Your letter has furnished me with new reasons for requiring a definite reply.

I have the honour to be,

Sir, your obedient

A. BURR.

General HAMILTON.

General Hamilton perused it, and said it was such a letter as he had hoped not to have received; that it contained several offensive expressions, and seemed to close the door to all further reply; that he had hoped the answer he had returned to Colonel Burr's first letter would have given a different direction to the controversy; that he thought Mr. Burr would have perceived that there was a difficulty in his making a more specific reply, and would have desired him to state what had fallen from him that might have given rise to the inference of Doctor Cooper. He would have done this frankly; and he believed it would not have been found to exceed the limits justifiable among political opponents. If Mr. Burr should be disposed to give a different complexion to the discussion, he was willing to consider the last letter not delivered; but if that communication was not withdrawn, he could make no reply; and Mr. Burr must pursue such course as he should deem most proper.

At the request of General Hamilton, I replied that I would detail these ideas to Colonel Burr; but added, that if in his first letter he had introduced the idea (if it was a correct one) that he could recollect of no terms that would justify the construction made by Dr. Cooper, it would, in my opinion, have opened a door for accommodation. General Hamilton then repeated the same objections to this measure which were stated in substance in his first letter to Colonel Burr.

When I was about leaving him he observed, that if I preferred it, he would commit his refusal to writing. I replied, that if he had resolved not to answer Colonel Burr's letter, that I could report that to him verbally, without giving him the trouble of writing it. He again repeated his determination not to answer; and that Colonel Burr must pursue such course as he should deem most proper.

In the afternoon of this day I reported to Colonel Burr, at his house out of town, the answer and the determination of General Hamilton, and promised to call on him again in the evening to learn his further wishes. I was detained in town, however, this evening, by some private business, and did not call on Colonel Burr until the following morning, Saturday, the 23d June. I then received from him a letter for General Hamilton, which is numbered IV.; but, as will presently be explained, never was delivered. The substance of it will be found in number XII.

When I returned with this letter to the city, which was about two o'clock in the afternoon of the same day, I sent a note to General Hamilton's office, and also to his house, desiring to know when it would be convenient to him to receive a communication. The servant, as he informed me, received for answer at both places that General Hamilton had gone to his country seat. I then wrote the note of which No. V. is a copy, and sent it out to him in the country.

No. V.

June 23, 1804.

SIR,

In the afternoon of yesterday I reported to Colonel Burr the result of my last interview with you, and appointed the evening to receive his further instructions. Some private engagements, however, prevented me from calling on him till this morning. On my return to the city, I found, upon inquiry, both at your office and house, that you had returned to your residence in the country. Lest an interview there might be less agreeable to you than elsewhere, I have taken the liberty of addressing you this note, to inquire when and where it will be most convenient to you to receive a communication.

Your most obedient and very humble servant,

W. P. VAN NESS.

General HAMILTON.

To this I received for answer No. VI., which follows.

No. VI.

Grange, June 23, 1804.

SIR,

I was in town to-day till half past one. I thank you for the delicacy which dictated your note to me. If it is indispensable the communication should be made before Monday morning, I must receive it here; but I should think this cannot be important. On Monday, by nine o'clock, I shall be in town at my house in Cedar-street, No. 52, where I should be glad to see you. An additional reason for preferring this is, that I am unwilling to occasion you trouble.

With esteem I am your obedient servant,

A. HAMILTON.

At nine o'clock on Monday, the 25th of June, I called on General Hamilton, at his house in Cedar-street, to present the letter No. IV. already alluded to, and with instructions for a verbal communication, of which the following notes, No. VII, handed me by Mr. Burr, were to be the basis. The substance of which, though in terms as much softened as my injunctions would permit, was accordingly communicated to General Hamilton.

No. VII.

A. Burr, far from conceiving that rivalship authorizes a latitude not otherwise justifiable, always feels greater delicacy in such cases, and would think it meanness to speak of a rival but in terms of respect; to do justice to his merits; to be silent of his foibles. Such has invariably been his conduct towards Jay, Adams, and Hamilton; the only three who can be supposed to have stood in that relation to him.

That he has too much reason to believe that, in regard to Mr. Hamilton, there has been no reciprocity. For several years his name has been lent to the support of base slanders. He has never had the generosity, the magnanimity, or the candour to contradict or disavow. Burr forbears to particularize, as it could only tend to produce new irritations; but, having made great sacrifices for the sake of harmony; having exercised forbearance until it approached to humiliation, he has seen no effect produced by such conduct but a repetition of injury. He is obliged to conclude that there is, on the part of Mr. Hamilton, a settled and implacable malevolence; that he will never cease, in his conduct towards Mr. Burr, to violate those courtesies of life; and that, hence, he has no alternative but to announce these things to the world; which, consistently with Mr. Burr's ideas of propriety, can be done in no way but that which he has adopted. He is incapable of revenge, still less is he capable of imitating the conduct of Mr. Hamilton, by committing secret depredations on his fame and character. But these things must have an end.

Before I delivered the written communication with which I was charged, General Hamilton said that he had prepared a written reply to Colonel Burr's letter of the 21st, which he had left with Mr. Pendleton, and wished me to receive. I answered, that the communication I had to make to him was predicated upon the idea that he would make no reply to Mr. Burr's letter of the 21st of June, and that I had so understood him in our conversation of the 22d. General Hamilton said that he believed, before I left him, he had proffered a written reply. I observed that, when he answered verbally, he had offered to put that refusal in writing; but that, if he had now prepared a written reply, I would receive it with pleasure. I accordingly called on Mr. Pendleton on the same day (Monday, June 25th), between one and two o'clock P. M., and stated to him the result of my recent interview with General Hamilton, and the reference he had made to him.

I then received from Mr. Pendleton No. VIII., which follows:—

No. VIII.

New-York, June 22, 1804.

SIR,

Your first letter, in a style too peremptory, made a demand, in my opinion, unprecedented and unwarrantable. My answer, pointing out the embarrassment, gave you an opportunity to take a less exceptionable course. You have not chosen to do it; but, by your last letter, received this day, containing expressions indecorous and improper, you have increased the difficulties to explanation intrinsically incident to the nature of your application.

If by a "definite reply" you mean the direct avowal or disavowal required in your first letter, I have no other answer to give than that which has already been given. If you mean any thing different, admitting of greater latitude, it is requisite you should explain.

I have the honour to be, sir, your obedient servant,

ALEX. HAMILTON.

A. BURR, Esq.

This letter was unsealed, but I did not read it in his presence. After some conversation relative to what General Hamilton would say on the subject of the present controversy, during which Mr. Pendleton read from a paper his ideas on the subject, he left me for the purpose of seeing and consulting Mr. Hamilton, taking the paper with him. In about an hour he called at my house. I informed him that I had shown to Colonel Burr the letter he had given me from General Hamilton; that, in his opinion, it amounted to nothing more than the verbal reply I had already reported; that it left the business precisely where it then was; that Mr. Burr had very explicitly stated the injuries he had received and the reparation he demanded, and that be did not think it proper to be asked now for further explanation. Towards the conclusion of the conversation I informed him that Colonel Burr required a general disavowal of any intention, on the part of General Hamilton, in his various conversations, to convey expressions derogatory to the honour of Mr. Burr. Mr. Pendleton replied that he believed General Hamilton would have no objections to make such declaration, and left me for the purpose of consulting him, requesting me to call in the course of the afternoon for an answer. I called on him, accordingly, about six o'clock. He then observed that General Hamilton declined making such a disavowal as I had stated in our last conversation; that he, Mr. Pendleton, did not then perceive the whole force and extent of it; and presented me with the following paper, No. IX., which I transmitted in the evening to Mr. Burr.

No. IX.

In answer to a letter properly adapted to obtain from General Hamilton a declaration whether he had charged Colonel Burr with any particular instance of dishonourable conduct, or had impeached his private character either in the conversation alluded to by Doctor Cooper, or in any other particular instance to be specified, he would be able to answer consistently with his honour and the truth, in substance, that the conversation to which Doctor Cooper alluded turned wholly on political topics, and did not attribute to Colonel Burr any instance of dishonourable conduct, nor relate to his private character; and in relation to any other language or conversation of General Hamilton which Colonel Burr will specify, a prompt and frank avowal or denial will be given.

The following day (Tuesday, 26th June), as early as was convenient, I had an interview with Colonel Burr, who informed me that he considered General Hamilton's proposition a mere evasion, that evinced a desire to leave the injurious impressions which had arisen from the conversations of General Hamilton in full force; that when he had undertaken to investigate an injury his honour had sustained, it would be unworthy of him not to make that investigation complete. He gave me further instructions, which are substantially contained in the following letter to Mr. Pendleton, No. X.

No. X.

June 26, 1804.

SIR,

The letter which you yesterday delivered to me, and your subsequent communication, in Colonel Burr's opinion, evince no disposition, on the part of General Hamilton, to come to a satisfactory accommodation. The injury complained of and the reparation expected are so definitely expressed in Colonel Burr's letter of the 21st instant, that there is not perceived a necessity for further explanation on his part. The difficulty that would result from confining the inquiry to any particular times and occasions must be manifest. The denial of a specified conversation only would leave strong implication that on other occasions improper language had been used. When and where injurious opinions and expressions had been uttered by General Hamilton must be best known to him, and of him only will Colonel Burr inquire. No denial or declaration will be satisfactory unless it be general, so as wholly to exclude the idea that rumours derogatory to Colonel Burr's honour has originated with General Hamilton, or have been fairly inferred from any thing he has said. A definite reply to a requisition of this nature was demanded by Colonel Burr's letter of the 21st instant. This being refused, invites the alternative alluded to in General Hamilton's letter of the 20th.

It was required by the position in which the controversy was placed by General Hamilton on Friday (June 22d) last, and I was immediately furnished with a communication demanding a personal interview. The necessity of this measure has not, in the opinion of Colonel Burr, been diminished by the general's last letter, or any communication which has since been received. I am, consequently, again instructed to deliver you a message as soon as it may be convenient for you to receive it. I beg, therefore, you will be so good as to inform me at what hour I can have the pleasure of seeing you.

Your most obedient and humble servant,

W. P. VAN NESS.

NATHANIEL PENDLETON, Esq.

In the evening of the same day I received from him the following answer:—

No. XI.

June 26, 1804.

SIR,

I have communicated the letter which you did me the honour to write to me of this date, to General Hamilton. The expectations now disclosed on the part of Colonel Burr appear to him to have greatly extended the original ground of inquiry, and, instead of presenting a particular and definite case for explanation, seem to aim at nothing less than an inquisition into his most confidential conversations, as well as others, through the whole period of his acquaintance with Colonel Burr.

While he was prepared to meet the particular case fairly and fully, he thinks it inadmissible that he should be expected to answer at large as to every thing that he may possibly have said in relation to the character of Colonel Burr at any time or upon any occasion. Though he is not conscious that any charges which are in circulation to the prejudice of Colonel Burr have originated with him, except one which may have been so considered, and which has long since been fully explained between Colonel Burr and himself, yet he cannot consent to be questioned generally as to any rumours which may be afloat derogatory to the character of Colonel Burr, without specification of the several rumours, many of them, probably, unknown to him. He does not, however, mean to authorize any conclusion as to the real nature of his conduct in relation to Colonel Burr by his declining so loose and vague a basis of explanation, and he disavows an unwillingness to come to a satisfactory, provided it be an honourable, accommodation. His objection is the very indefinite ground which Colonel Burr has assumed, in which he is sorry to be able to discern nothing short of predetermined hostility. Presuming, therefore, that it will be adhered to, he has instructed me to receive the message which you have it in charge to deliver. For this purpose I shall be at home and at your command to-morrow morning from eight to ten o'clock.

I have the honour to be, respectfully,

Your obedient servant,

NATHANIEL PENDLETON.

WM. P. VAN NESS, Esq.

I transmitted this to Colonel Burr; and, after a conference with him, in which I received his further instructions, and that no misunderstanding might arise from verbal communication, I committed to writing the remarks contained in No. XII., which follows:

No. XII.

Wednesday morning, June 27, 1804.

SIR,

The letter which I had the honour to receive from you, under date of yesterday, states, among other things, that, in General Hamilton's opinion, Colonel Burr has taken a very indefinite ground, in which he evinces nothing short of predetermined hostility, and General Hamilton thinks it inadmissible that the inquiry should extend to his confidential as well as other conversations. To this Colonel Burr can only reply, that secret whispers traducing his fame and impeaching his honour are at least equally injurious with slanders publicly uttered; that General Hamilton had, at no time and in no place, a right to use any such injurious expression; and that the partial negative he is disposed to give, with the reservations he wishes to make, are proofs that he has done the injury specified.

Colonel Burr's request was, in the first instance, proposed in a form the most simple, in order that General Hamilton might give to the affair that course to which he might be induced by his temper and his knowledge of facts. Colonel Burr trusted with confidence, that, from the frankness of a soldier and the candour of a gentleman, he might expect an ingenuous declaration. That if, as he had reason to believe, General Hamilton had used expressions derogatory to his honour, he would have had the magnanimity to retract them; and that if, from his language, injurious inferences had been improperly drawn, he would have perceived the propriety of correcting errors which might thus have been widely diffused. With these impressions Colonel Burr was greatly surprised at receiving a letter which he considered as evasive, and which, in manner, he deemed not altogether decorous. In one expectation, however, he was not wholly deceived; for the close of General Hamilton's letter contained an intimation that, if Colonel Burr should dislike his refusal to acknowledge or deny, he was ready to meet the consequences. This Colonel Burr deemed a sort of defiance, and would have felt justified in making it the basis of an immediate message; but, as the communication contained something concerning the indefiniteness of the request; as he believed it rather the offspring of false pride than of reflection; and as he felt the utmost reluctance to proceed to extremities while any other hope remained, his request was repeated in terms more explicit. The replies and propositions on the part of General Hamilton have, in Colonel Burr's opinion, been constantly, in substance, the same.

Colonel Burr disavows all motives of predetermined hostility, a charge by which he thinks insult added to injury. He feels as a gentleman should when his honour is impeached or assailed; and, without sensations of hostility or wishes of revenge, he is determined to vindicate that honour at such hazard as the nature of the case demands.

The length to which this correspondence has extended only tending to prove that the satisfactory redress, earnestly desired, cannot be attained, he deems it useless to offer any proposition except the single message which I shall now have the honour to deliver.

With great respect, your obedient servant,

W. P. VAN NESS.

NATHANIEL PENDLETON, Esq.

I handed this to Mr. Pendleton at twelve o'clock on Wednesday the 27th. After he had perused it, agreeable to my instructions, I delivered the message which it is unnecessary to repeat. The request it contained was acceded to. After which Mr. Pendleton remarked that a court was then sitting in which General Hamilton had much business to transact, and that he had also some private arrangements to make, which would render some delay unavoidable. I acceded to his wish, and Mr. Pendleton said he would call on me again in the course of the day or the following morning, to confer further relative to time and place.

Thursday, June 28th, ten o'clock P. M., Mr. Pendleton called on me with a paper which he said contained some views of General Hamilton, and which he had received from him. I replied, that if the paper contained a definite and specific proposition for an accommodation, I would with pleasure receive it, and submit it to the consideration of my principal; if not, that I must decline taking it, as Mr. Burr conceived the correspondence completely terminated by the acceptance of the invitation contained in the message I had yesterday delivered. Mr. Pendleton replied that the paper did not contain any proposition of the kind I alluded to, but remarks on my last letter. I, of course, declined receiving it. Mr. Pendleton then took leave, and said that he would call again in a day or two to arrange time and place. Tuesday, July 3d, I again saw Mr. Pendleton; and, after a few subsequent interviews, the time when the parties were to meet was ultimately fixed for the morning of the 11th of July instant. The occurrences of that interview will appear from the following statement, No. XIII., which has been drawn up and mutually agreed to by the seconds of the parties.

No. XIII.

Colonel Burr arrived first on the ground, as had been previously agreed. When General Hamilton arrived, the parties exchanged salutations, and the seconds proceeded to make their arrangements. They measured the distance, ten full paces, and cast lots for the choice of position, as also to determine by whom the word should be given, both of which fell to the second of General Hamilton. They then proceeded to load the pistols in each other's presence, after which the parties took their stations. The gentleman who was to give the word then explained to the parties the rules which were to govern them in firing, which were as follows: "The parties being placed at their stations, the second who gives the word shall ask them whether they are ready; being answered in the affirmative, he shall say—present! After this the parties shall present and fire when they please. If one fires before the other, the opposite second shall say one, two, three, fire, and he shall then fire or lose his fire. He then asked if they were prepared; being answered in the affirmative, he gave the word present, as had been agreed on, and both parties presented and fired in succession. The intervening time is not expressed, as the seconds do not precisely agree on that point. The fire of Colonel Burr took effect, and General Hamilton almost instantly fell. Colonel Burr advanced towards General Hamilton with a manner and gesture that appeared to General Hamilton's friend to be expressive of regret; but, without speaking, turned about and withdrew, being urged from the field by his friend, as has been subsequently stated, with a view to prevent his being recognised by the surgeon and bargemen who were then approaching. No further communication took place between the principals, and the barge that carried Colonel Burr immediately returned to the city. We conceive it proper to add, that the conduct of the parties in this interview was perfectly proper, as suited the occasion."

In the interviews between Mr. Pendleton and Mr. Van Ness, they were not able to agree in two important facts that passed on the ground. "Mr. Pendleton expressed a confident opinion that General Hamilton did not fire first, and that he did not fire at all at Colonel Burr. Mr. Van Ness seemed equally confident in opinion that General Hamilton did fire first; and, of course, that it must have been at his antagonist."

Such was the statement made by the friend of Colonel Burr. It is now proposed to insert such explanations of, or remarks on, the communications between the parties as emanated from the friend of General Hamilton. None were given previous to document No. III. Immediately after that letter, dated 21st June, are the following remarks:—

"On Saturday, the 22d of June, General Hamilton for the first time called on Mr. Pendleton, and communicated to him the preceding correspondence. He informed him that, in a conversation with Mr. Van Ness at the time of receiving the last letter (No. III.), he told Mr. Van Ness that he considered that letter as rude and offensive, and that it was not possible for him to give any other answer than that Mr. Burr must take such steps as he might think proper. He said, further, that Mr. Van Ness requested him to take time to deliberate, and then return an answer, when he might possibly entertain a different opinion, and that he would call on him to receive it. That his reply to Mr. Van Ness was, that he did not perceive it possible for him to give any other answer than that he had mentioned, unless Mr. Burr would take back his last letter, and write one which would admit of a different reply. He then gave Mr. Pendleton the letter hereafter mentioned of the 22d of June, to be delivered to Mr. Van Ness when he should call on Mr. Pendleton for an answer, and went to his country house."

[After No. V., dated June 23d, is the following:—]

"Mr. Pendleton understood from General Hamilton that he immediately answered that, if the communication was pressing, he would receive it at his country house that day; if not, he would be at his house in town the next morning at nine o'clock. But he did not give Mr. Pendleton any copy of this note."

[After No. VIII., dated June 22d, is the following:—]

"This letter, although dated on the 22d of June, remained in Mr. Pendleton's possession until the 25th, within which period he had several conversations with Mr. Van Ness. In these conversations Mr. Pendleton endeavoured to illustrate and enforce the propriety of the ground General Hamilton had taken. Mr. Pendleton mentioned to Mr. Van Ness as the result, that if Colonel Burr would write a letter, requesting to know, in substance, whether, in the conversation to which Dr. Cooper alluded, any particular instance of dishonourable conduct was imputed to Colonel Burr, or whether there was any impeachment of his private character, General Hamilton would declare, to the best of his recollection, what passed in that conversation; and Mr. Pendleton read to Mr. Van Ness a paper containing the substance of what General Hamilton would say on that subject, which is as follows:—

"General Hamilton says he cannot imagine to what Doctor Cooper may have alluded, unless it were to a conversation at Mr. Taylor's, in Albany, last winter (at which he and General Hamilton were present). General Hamilton cannot recollect distinctly the particulars of that conversation, so as to undertake to repeat them without running the risk of varying, or omitting what might be deemed important circumstances. The expressions are entirely forgotten, and the specific ideas imperfectly remembered; but, to the best of his recollection, it consisted of comments on the political principles and views of Colonel Burr, and the results that might be expected from them in the event of his election as governor, without reference to any particular instance of past conduct or to private character."

"After the delivery of the letter of the 22d, as above mentioned, in another interview with Mr. Van Ness, he desired Mr. Pendleton to give him, in writing, the substance of what he had proposed on the part of General Hamilton, which Mr. Pendleton did, in the following words." [See No. IX] [After No. XII., dated June 27th, is the following:—]

"With this letter a message was received, such as was to be expected, containing an invitation which was accepted, and Mr. Pendleton informed Mr. Van Ness he should hear from him the next day as to further particulars.

"This letter was delivered to General Hamilton on the same evening, and a very short conversation ensued between him and Mr. Pendleton, who was to call on him early the next morning for a further conference. When he did so, General Hamilton said he had not understood whether the message and answer was definitively concluded, or whether another meeting was to take place for that purpose between Mr. Pendleton and Mr. Van Ness. Under the latter impression, and as the last letter contained matter that naturally led to animadversion, he gave Mr. Pendleton a paper of remarks in his own handwriting, to be communicated to Mr. Van Ness, if the state of the affair rendered it proper.

"In an interview with Mr. Van Ness on the same day, after explaining the causes which had induced General Hamilton to suppose that the state of the affair did not render it improper, Mr. Pendleton offered this paper to Mr. Van Ness, but he declined receiving it, alleging that he considered the correspondence as closed by the acceptance of the message that he had delivered.

"Mr. Pendleton then informed Mr. Van Ness of the inducements mentioned by General Hamilton in the paper for at least postponing the meeting until the close of the circuit; and, as this was uncertain, Mr. Pendleton was to let him know when it would be convenient."

Remarks on the letter of June 27, 1804, which Mr. Van Ness declined to receive.

"Whether the observations on this letter are designed merely to justify the result which is indicated in the close of the letter, or may be intended to give an opening for rendering any thing explicit which may have been deemed vague heretofore, can only be judged of by the sequel. At any rate, it appears to me necessary not to be misunderstood. Mr. Pendleton is therefore authorized to say, that in the course of the present discussion, written or verbal, there has been no intention to evade, defy, or insult, but a sincere disposition to avoid extremities, if it could be done with propriety. With this view General Hamilton has been ready to enter into a frank and free explanation on any and every object of a specific nature; but not to answer a general and abstract inquiry, embracing a period too long for any accurate recollection, and exposing him to unpleasant criticisms from, or unpleasant discussions with, any and every person who may have understood him in an unfavourable sense. This (admitting that he could answer in a manner the most satisfactory to Colonel Burr) he should deem inadmissible in principle and precedent, and humiliating in practice. To this, therefore, he can never submit. Frequent allusion has been made to slanders said to be in circulation. Whether they are openly or in whispers, they have a form and shape, and might be specified."

"If the alternative alluded to in the close of the letter is definitively tendered, it must be accepted; the time, place, and manner to be afterward regulated. I should not think it right, in the midst of a circuit court, to withdraw my services from those who may have confided important interests to me, and expose them to the embarrassment of seeking other counsel, who may not have time to be sufficiently instructed in their causes. I shall also want a little time to make some arrangements respecting my own affairs."

"On Friday, the 6th of July, the circuit being closed, Mr. Pendleton informed Mr. Van Ness that General Hamilton would be ready at any time after the Sunday following. On Monday the particulars were arranged. On Wednesday the parties met at Weehawk, on the Jersey shore, at seven o'clock A.M. The particulars of what then took place appear in the statement, as agreed upon and corrected by the seconds of the parties." [See No. XIII.]

DOCTOR DAVID HOSACK TO WILLIAM COLEMAN.

August 17, 1804.

DEAR SIR,

To comply with your request is a painful task; but I will repress my feelings while I endeavour to furnish you with an enumeration of such particulars relative to the melancholy end of our beloved friend Hamilton as dwell most forcibly on my recollection.

When called to him upon his receiving the fatal wound, I found him half sitting on the ground, supported in the arms of Mr. Pendleton. His countenance of death I shall never forget. He had at that instant just strength to say, "This is a mortal wound, doctor;" when he sunk away, and became to all appearance lifeless. I immediately stripped up his clothes, and soon, alas! ascertained that the direction of the ball must have been through some vital part. [2]

His pulses were not to be felt, his respiration was entirely suspended, and, upon laying my hand on his heart and perceiving no motion there, I considered him as irrecoverably gone. I, however, observed to Mr. Pendleton, that the only chance for his reviving was immediately to get him upon the water. We therefore lifted him up, and carried him out of the wood to the margin of the bank, where the bargemen aided us in conveying him into the boat, which immediately put off. During all this time I could not discover the least symptom of returning life. I now rubbed his face, lips, and temples with spirits of hartshorn, applied it to his neck and breast, and to the wrists and palms of his hands, and endeavoured to pour some into his mouth. When we had got, as I should judge, about fifty yards from the shore, some imperfect efforts to breathe were for the first time manifest; in a few minutes he sighed, and became sensible to the impression of the hartshorn or the fresh air of the water. He breathed; his eyes, hardly opened, wandered, without fixing upon any object; to our great joy, he at length spoke. "My vision is indistinct," were his first words. His pulse became more perceptible, his respiration more regular, his sight returned. I then examined the wound to know if there was any dangerous discharge of blood; upon slightly pressing his side it gave him pain, on which I desisted. Soon after recovering his sight, he happened to cast his eye upon the case of pistols, and observing the one that he had had in his hand lying on the outside, he said, "Take care of that pistol; it is undischarged, and still cocked; it may go off and do harm. Pendleton knows" (attempting to turn his head towards him) "that I did not intend to fire at him." "Yes," said Mr. Pendleton, understanding his wish, "I have already made Dr. Hosack acquainted with your determination as to that." He then closed his eyes and remained calm, without any disposition to speak; nor did he say much afterward, except in reply to my questions. He asked me once or twice how I found his pulse; and he informed me that his lower extremities had lost all feeling, manifesting to me that he entertained no hopes that he should long survive. I changed the posture of his limbs, but to no purpose; they had entirely lost their sensibility. Perceiving that we approached the shore, he said, "Let Mrs. Hamilton be immediately sent for; let the event be gradually broken to her, but give her hopes." Looking up we saw his friend, Mr. Bayard, standing on the wharf in great agitation. He had been told by his servant that General Hamilton, Mr. Pendleton, and myself had crossed the river in a boat together, and too well he conjectured the fatal errand, and foreboded the dreadful result. Perceiving, as we came nearer, that Mr. Pendleton and myself only sat up in the stern sheets, he clasped his hands together in the most violent apprehension; but when I called to him to have a cot prepared, and he at the same moment saw his poor friend lying in the bottom of the boat, he threw up his eyes and burst into a flood of tears and lamentation. Hamilton alone appeared tranquil and composed. We then conveyed him as tenderly as possible up to the house. The distresses of this amiable family were such that, till the first shock was abated, they were scarcely able to summon fortitude enough to yield sufficient assistance to their dying friend.

Upon our reaching the house he became more languid, occasioned probably by the agitation of his removal from the boat. I gave him a little weak wine and water. When he recovered his feelings, he complained of pain in his back; we immediately undressed him, laid him in bed, and darkened the room. I then gave him a large anodyne, which I frequently repeated. During the first day he took upward of an ounce of laudanum; and tepid anodyne fomentations were also applied to those parts nearest the seat of his pain. Yet were his sufferings during the whole of the day almost intolerable. [3]

I had not the shadow of a hope of his recovery; and Dr. Post, whom I requested might be sent for immediately on our reaching Mr. Bayard's house, united with me in this opinion. General Rey, the French consul, also had the goodness to invite the surgeons of the French frigates in our harbour, as they had had much experience in gunshot wounds, to render their assistance. They immediately came; but, to prevent his being disturbed, I stated to them his situation, described the nature of his wound, and the direction of the ball, with all the symptoms that could enable them to form an opinion as to the event. One of the gentlemen then accompanied me to the bedside. The result was a confirmation of the opinion that had already been expressed by Dr. Post and myself.

During the night he had some imperfect sleep, but the succeeding morning his symptoms were aggravated, attended, however, with a diminution of pain. His mind retained all its usual strength and composure. The great source of his anxiety seemed to be in his sympathy with his half-distracted—wife and children. He spoke to me frequently of them—"My beloved wife and children" were always his expressions. But his fortitude triumphed over his situation, dreadful as it was; once, indeed, at the sight of his children, brought to the bedside together, seven in number, his utterance forsook him; he opened his eyes, gave them one look, and closed them again till they were taken away. As a proof of his extraordinary composure of mind, let me add, that he alone could calm the frantic grief of their mother. "Remember, my Eliza, you are a Christian," were the expressions with which he frequently, with a firm voice, but, in a pathetic and impressive manner, addressed her. His words, and the tone in which they were uttered, will never be effaced from my memory. About two o'clock, as the public well know, he expired—

"Incorrupta fides—nudaque veritas
Quando ullum invenient parem?
Multis ille quidem flebilis occidit."

Your friend and humble servant,

DAVID HOSACK.

"After his death, a note, which had been written the evening before the interview, was found addressed to the gentleman who accompanied him to the field; thanking him with tenderness for his friendship to him, and informing him where would be found the keys of certain drawers in his desk, in which he had deposited such papers as he had thought proper to leave behind him, together with his last will." Among these papers was the following.

On my expected interview with Colonel Burr, I think it proper to make some remarks explanatory of my conduct, motives, and views.

I was certainly desirous of avoiding this interview for the most cogent reasons.

1. My religious and moral principles are strongly opposed to the practice of duelling, and it would ever give me pain to be obliged to shed the blood of a fellow-creature in a private combat forbidden by the laws.

2. My wife and children are extremely dear to me, and my life is of the utmost importance to them in various views.

3. I feel a sense of obligation towards my creditors; who, in case of accident to me, by the forced sale of my property, may be in some degree sufferers. I did not think myself at liberty, as a man of probity, lightly to expose them to this hazard.

4. I am conscious of no ill will to Colonel Burr distinct from political opposition, which, as I trust, has proceeded from pure and upright motives.

Lastly, I shall hazard much, and can possibly gain nothing by the issue of the interview.

But it was, as I conceive, impossible for me to avoid it. There were intrinsic difficulties in the thing, and artificial embarrassments from the manner of proceeding on the part of Colonel Burr.

Intrinsic, because it is not to be denied that my animadversions on the political principles, character, and views of Colonel Burr have been extremely severe; and, on different occasions, I, in common with many others, have made very unfavourable criticisms on particular instances of the private conduct of this gentleman.

In proportion as these impressions were entertained with sincerity, and uttered with motives and for purposes which might appear to me commendable, would be the difficulty (until they could be removed by evidence of their being erroneous) of explanation or apology. The disavowal required of me by Colonel Burr, in a general and definite form, was out of my power, if it had really been proper for me to submit to be so questioned; but I was sincerely of the opinion that this could not be; and in this opinion I was confirmed by that of a very moderate and judicious friend whom I consulted. Besides that, Colonel Burr appeared to me to assume, in the first instance, a tone unnecessarily peremptory and menacing, and, in the second, positively offensive. Yet I wished, as far as might be practicable, to leave a door open for accommodation. This, I think, will be inferred from the written communications made by me and by my direction, and would be confirmed by the conversations between Mr. Van Ness and myself which arose out of the subject.

I am not sure whether, under all the circumstances, I did not go further in the attempt to accommodate than a punctilious delicacy will justify. If so, I hope the motives I have stated will excuse me.

It is not my design, by what I have said, to affix any odium on the character of Colonel Burr in this case. He doubtless has heard of animadversions of mine which bore very hard upon him; and it is probable that, as usual, they were accompanied with some falsehoods. He may have supposed himself under a necessity of acting as he has done. I hope the grounds of his proceeding have been such as ought to satisfy his own conscience.

I trust, at the same time, that the world will do me the justice to believe that I have not censured him on light grounds nor from unworthy inducements. I certainly have had strong reasons for what I have said, though it is possible that in some particulars I have been influenced by misconstruction or misinformation. It is also my ardent wish that I may have been more mistaken than I think I have been, and that he, by his future conduct, may show himself worthy of all confidence and esteem, and prove an ornament and blessing to the country.

As well, because it is possible that I may have injured Colonel Burr, however convinced myself that my opinions and declarations have been well founded, as from my general principles and temper in relation to similar affairs, I have resolved, if our interview is conducted in the usual manner, and it pleases God to give me the opportunity, to reserve and throw away my first fire, and I have thoughts even of reserving my second fire, and thus giving a double opportunity to Colonel Burr to pause and to reflect.

It is not, however, my intention to enter into any explanations on the ground—apology from principle, I hope, rather than pride, is out of the question.

To those who, with me, abhorring the practice of duelling, may think that I ought on no account to add to the number of bad examples, I answer, that my relative situation, as well in public as private, enforcing all the considerations which men of the world denominate honour, imposed on me (as I thought) a peculiar necessity not to decline the call. The ability to be in future useful, whether in resisting mischief or effecting good, in those crises of our public affairs which seem likely to happen, would probably be inseparable from a conformity with prejudice in this particular.

A.H.

The impression which the death of General Hamilton made on every class of people in the city of New-York is best described by simply remarking, that all party distinction was lost in the general sentiment of respect expressed for the illustrious dead. On Wednesday morning, the 11th of July, 1804, the parties met; on Thursday, the 12th, General Hamilton died; and on Saturday, the 14th, he was interred, with military honours, "the Society of the Cincinnati being charged with the direction of the funeral ceremonies of its president-general." About noon, the different bodies forming the procession took their respective places. The body was conducted from the house of his brother-in-law, John B. Church, Esq., to Trinity Church, where an appropriate oration was delivered by the Hon. Gouverneur Morris.

TO THEODOSIA.

New-York, July 10, 1804.

Having lately written my will, and given my private letters and papers in charge to you, I have no other direction to give you on the subject but to request you to burn all such as, if by accident made public, would injure any person. This is more particularly applicable to the letters of my female correspondents. All my letters, and copies of letters, of which I have retained copies, are in the six blue boxes. If your husband or any one else (no one, however, could do it so well as he) should think it worth while to write a sketch of my life, some materials will be found among these letters.

Tell my dear Natalie that I have not left her any thing, for the very good reason that I had nothing to leave to any one. My estate will just about pay my debts and no more—I mean, if I should die this year. If I live a few years, it is probable things may be better. Give Natalie one of the pictures of me. There are three in this house; that of Stewart, and two by Vanderlyn. Give her any other little tokens she may desire. One of those pictures, also, I pray you to give to Doctor Eustis. To Bartow something—what you please.

I pray you and your husband to convey to Peggy the small lot, not numbered, which is the fourth article mentioned in my list of property. It is worth about two hundred and fifty dollars. Give her also fifty dollars in cash as a reward for her fidelity. Dispose of Nancy as you please. She is honest, robust, and good-tempered. Peter is the most intelligent and best-disposed black I have ever known. (I mean the black boy I bought last fall from Mr. Turnbull.) I advise you, by all means, to keep him as the valet of your son. Persuade Peggy to live with you if you can.

I have desired that my wearing apparel be given to Frederic. Give him also a sword or pair of pistols.

Burn immediately a small bundle, tied with a red string, which you will find in the little flat writing-case—that which we used with the curricle. The bundle is marked "Put."

The letters of Clara (the greater part of them) are tied up in a white handkerchief, which you will find in the blue box No. 5. You may hand them to Mari, if you please. My letters to Clara are in the same bundle. You, and by-and-by Aaron Burr Alston, may laugh at gamp when you look over this nonsense.

Many of the letters of Clara will be found among my ordinary letters, filed and marked, sometimes "Clara", sometimes "L."

I am indebted to you, my dearest Theodosia, for a very great portion of the happiness which I have enjoyed in this life. You have completely satisfied all that my heart and affections had hoped or even wished. With a little more perseverance, determination, and industry, you will obtain all that my ambition or vanity had fondly imagined. Let your son have occasion to be proud that he had a mother. Adieu. Adieu.

A. BURR.

I have directed that the flat writing-case and the blue box No. 5, both in the library, be opened only by you. There are six of these blue boxes, which contain my letters and copies of letters, except those two clumsy quarto volumes, in which letter-press copies are pasted. They are somewhere in the library. The keys of the other five boxes are in No. 5.

It just now occurs to me to give poor dear Frederic my watch. I have already directed my executors here to give him my wearing apparel. When you come hither you must send for Frederic, and open your whole heart to him. He loves me almost as much as Theodosia does; and he does love you to adoration.

I have just now found four packets of letters between Clara and Mentor besides those in the handkerchief. I have thrown them loose into box No. 5. What a medley you will find in that box!

The seal of the late General Washington, which you will find in the blue box No. 5, was given to me by Mr. and Mrs. Law. You may keep it for your son, or give it to whom you please.

Assure Mrs. Law of my latest recollection. Adieu. Adieu.

A. BURR.

TO JOSEPH ALSTON.

New-York, July 10, 1804.

MY DEAR SIR,

You will find enclosed a statement of my affairs. Swartwout and Van Ness are joint executors with you and Theodosia. It was indispensable that there should be an executor on the spot. I have directed them to sell immediately my horses, and to sell nothing else until your pleasure shall be known. I pray that Theodosia may be consulted and gratified in this particular.

Explanations of every concern of my property is given in two sheets of paper which accompany my will. The enclosed is an abstract.

It would have been a great satisfaction to me to have had your assurance that you would assume my debts, and take and dispose of the property at discretion. It may be done in a way which you would find a convenience. My creditors would take your assumption at such time as you might judge convenient. The property will, undoubtedly, produce more than the amount of my debts. What you may not incline to keep may be forthwith turned into cash.

The library, maps, pictures, and wine are articles which you will need, and which you cannot procure without great trouble and more money. I think, too, you would do well to retain Richmond Hill, as a more convenient residence than Montalto, particularly as no expense will be necessary for buildings or improvements.

My private letters I have directed to be put in the hands of Theodosia, that she may select from them her own, those of her mother, and some others. Among them and my copies you will find much of trifling, something of amusement, and a little of interest.

Get from Mr. Taylor (the younger), of Columbia or Camden, my letters to his brother-in-law, the late J.E. Hunt, who was one of your chancellors.

Messrs. R. Bunner, William Duer, John Duer, and J.W. Smith, of this city, and John Van Ness Yates, of Albany, all lawyers and young men of talents, have manifested great and disinterested zeal in my favour on some recent occasions. [4]

I pray you to take some notice of them, and give to each of them, and to William T. Broome, now in Paris, some small token of remembrance of me. William T. Broome, with great defects of temper, unites very considerable literary talents and acquirements. A little attention would attach them all to you.

My very worthy friend, Charles Biddle, of Philadelphia, has six or seven sons—three of them grown up. With different characters and various degrees of intelligence, they will all be men of eminence and of influence. Call to see the father when you pass through Philadelphia, and receive the sons kindly.

I have taught my friends in every quarter to look to you as my representative. There are many of them, your discernment will distinguish which, on whose loyalty and firmness you may rely through all changes.

I have called out General Hamilton, and we meet tomorrow morning. Van Ness will give you the particulars. The preceding has been written in contemplation of this event. If it should be my lot to fall, * * * * * * * * yet I shall live in you and your son. I commit to you all that is most dear to me—my reputation and my daughter. Your talents and your attachment will be the guardian of the one—your kindness and your generosity of the other. Let me entreat you to stimulate and aid Theodosia in the cultivation of her mind. It is indispensable to her happiness and essential to yours. It is also of the utmost importance to your son. She would presently acquire a critical knowledge of Latin, English, and all branches of natural philosophy. All this would be poured into your son. If you should differ with me as to the importance of this measure, suffer me to ask it of you as a last favour. She will richly compensate your trouble.

Most affectionately adieu,

A. BURR.

The elder Prevost, [5] Augustine James Frederic Prevost, is a most amiable and honourable man. Under the garb of coarse rusticity you will find, if you know him, refinement, wit, a delicate sense of propriety, the most inflexible intrepidity, incorruptible integrity, and disinterestedness. I wish you could know him; but it would be difficult, by reason of his diffidence and great reluctance to mingle with the world. It has been a source of extreme regret and mortification to me that he should be lost to society and to his friends. The case seems almost remediless, for, alas! he is married!

A. BURR.

If you can pardon and indulge a folly, I would suggest that Madame Sansay, too well known under the name of Leonora, has claims on my recollection. She is now with her husband at St. Jago of Cuba.

A. BURR.

Footnotes:

1. Colonel Burr then resided at Richmond Hill.

2. For the satisfaction of some of General Hamilton's friends, I examined his body after death, in presence of Dr. Post and two other gentlemen. I discovered that the ball struck the second or third false rib, and fractured it about in the middle; it then passed through the liver and diaphragm, and, as far as we could ascertain without a minute examination, lodged in the first or second lumbar vertebra. The vertebra in which it was lodged was considerably splintered, so that the spiculae were distinctly perceptible to the finger. About a pint of clotted blood was found in the cavity of the belly, which had probably been effused from the divided vessels of the liver.

3. As his habit was delicate, and had been lately rendered more feeble by ill health, particularly by a disorder of the stomach and bowels, I carefully avoided all those remedies which are usually indicated on such occasions.

4. They supported Colonel Burr for the office of governor in opposition to Morgan Lewis.

5. Mrs. Burr's son by her first husband, Colonel Prevost, of the British army.

                                                                                                                                                                                                                                                                                                           

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