atitzel 's Public Library

pestilence
."
Yet among the town's population there is no increase of disease and death. A

resilient

folk.





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In the early morning hours of July
11, 1804, Burr and Hamilton departed by
separate boats from Manhattan and rowed across the Hudson River to a spot known as the Heights of
Weehawken in New Jersey, a
popular dueling ground below the towering cliffs of the Palisades.
Hamilton and Burr agreed to take the duel to Weehawken because dueling had been
outlawed in New York (The same site was used for 18 known duels between 1700 and
1845.).^[13] In an attempt to prevent the participants from
being prosecuted, procedures were implemented to give all witnesses plausible
deniability. For example, the pistols were transported to the island in a portmanteau, enabling the rowers
(who also stood with their backs to the duelists) to say under oath that they
had not seen any pistols.

Burr, William P. Van Ness (his second), Matthew L. Davis, and another (often
identified as Swartwout) plus their rowers reached the site first at half past
six, whereupon Burr and Van Ness started to clear the underbrush from the
duelling ground. Hamilton, Judge Nathaniel Pendleton (his second), and Dr. David
Hosack arrived a few minutes before seven. Lots were cast for the choice of
position and which second should start the duel, both of which were won by
Hamilton's second who chose the upper edge of the ledge (which faced the city)
for Hamilton.^[14] However, according to historian and
author Joseph Ellis, since
Hamilton had been challenged, he had choice of both weapon and position. Under
this account, it was Hamilton himself that chose the upstream or north side
position.^[15]

All first-hand accounts of the duel agree that two shots were fired; however,
Hamilton and Burr's seconds disagreed on the intervening time between the shots.
It was common for both principals in a duel to fire a shot at the ground to
exemplify courage, and then the duel could come to an end. Hamilton apparently
fired first, and into the air, though it is not clear whether this was intent,
much less that Burr perceived him to be "throwing away his fire" (as it did not
follow the standard protocol). Burr returned fire and hit Hamilton in the lower
abdomen above the right hip. The bullet ricocheted off Hamilton's second or
third false rib—fracturing
it—and caused considerable damage to his internal organs, particularly his liver and diaphragm before becoming lodged in his
first or second lumbar vertebra. According to Pendleton's
account, Hamilton collapsed immediately, dropping the pistol involuntarily, and
Burr moved toward Hamilton in a speechless manner (which Pendleton deemed to be
indicative of regret) before being hustled away behind an umbrella by Van Ness
because Hosack and the rowers were already approaching. Burr returned on his
barge and had breakfast in Manhattan. According to Van Ness, he ate eggs and
toast.^[16]

It is entirely uncertain which principal fired first, as both seconds' backs
were to the duel in accordance with the pre-arranged regulations of the duel
(and also so the men could later testify that they "saw no fire"). After much
research to determine the actual events of the duel, Pulitzer-prize winning
historian Joseph J. Ellis gives his interpretation:

Hamilton did fire his weapon intentionally, and he fired first. But he aimed
to miss Burr, sending his ball into the tree above and behind Burr’s location.
In so doing, he did not withhold his shot, but he did waste it, thereby honoring
his pre-duel pledge. Meanwhile, Burr, who did not know about the pledge, did
know that a projectile from Hamilton’s gun had whizzed past him and crashed into
the tree to his rear. According to the principles of the code duello, Burr was perfectly justified in taking
deadly aim at Hamilton and firing to kill.^[15]