USA > New Jersey > Hudson County > History of the county of Hudson, New Jersey : from its earliest settlement to the present time > Part 19
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" I am, sir, your most obedient servant, " DE WITT CLINTON. " John Swartwout, Esq."
On the same (Monday) night Mr. Clinton sent for Richard Riker, who called the next morning and consented to act as Mr. Clinton's friend. Mr. Riker called upon Colonel Smith on Wed-
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nesday morning at ten o'clock. They agreed that the " business might be amicably adjusted." Mr. Riker wrote out the follow- ing projet :
" If Mr. Swartwont will declare that he has not represented Mr. Clinton, in relation to the controversy respecting Mr. Burr, as being governed by unworthy motives, Mr. Clinton will declare that he used the epithets with respect to Mr. Swartwout, only in consequence of this supposed imputation, which being disavowed by Mr. Swartwont, he (Mr. Clinton) readily withdraws the epi- thets complained of, and as a gentleman apologizes for the use of them. These mutual declarations to be made in the presence of Col. Smith and Mr. Riker, and a written statement, signed by Col. Smith and Mr. Riker, to be exchanged."
This proposition was submitted to Mr. Swartwont, and by him rejected, and the following was declared to be the only apology acceptable. It was sent to Mr. Clinton for his signature :
" Having, in the course of a conversation, made use of expres- sions reflecting on John Swartwout, Esq., I do fully and freely withdraw those expressions as intemperate and unfounded, and request Mr. Swartwout to accept this apology from me for having used them."
Mr. Clinton peremptorily refused to sign anything of this kind, and nothing remained but to settle preliminaries for a meeting of the parties. At one o'clock on Wednesday, July 28, 1802, Col- onel Smith and Mr. Riker met at Mr. Little's, on the 29th select - ed the place of meeting, and on the 30th agreed upon the follow- ing
" ARRANGEMENT.
"1. To leave this Island from different points in two boats precisely at 5 o'clock on Saturday P. M., and to proceed to the place proposed. The party first arriving will wait the landing of the other : each boat shall be rowed by four confidential per- sons only, who shall remain in their respective boats until called for. These persons are not to be armed in any manner whatever. There will be but seven persons in each boat, viz., the Principal,
14
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HISTORY OF HUDSON COUNTY.
his Second, one Surgeon, and four Oarsmen. The Surgeons may attend in silence on the ground.
" 2d. The distance between the parties to be ten yards, measured by the seconds, and the positions shall be distinctly marked.
"3d. The seconds shall determine by lot the choice of position.
" 4th. The pistols are not to exceed eleven inches in the barrel. They are to be smooth bores, and to be loaded by the seconds in each other's presence, showing a smooth ball.
" 5th. The gentlemen will stand with their backs to each other at their respective stations, and in this position shall each receive a pistol, and the seconds having determined by lot who gives the word, he to whom the lot falls shall take his position in the centre, retired from the line of fire, and shall distinctly say : ' Attention, gentlemen-To the right fare'-upon which they shall face to the right and fire with promptitude; if one fires before the other, the opposite second shall say, 'One, two, three, fire,' and he shall fire.
" 6th. The left hand shall not be brought in support of the right arm, nor be placed on the right breast or side.
" 7th. If either should be wounded before he has fired, and means to fire, he shall, if he can stand unsupported, be entitled to his shot, and not otherwise. If either has fired, is wounded and means to proceed, he shall receive no assistance ; his second will only exchange the pistol. If he falls forward the second will repost him.
" Sth. At the exchange of pistols correct positions are to be resumed, and the words given as in Article 5.
" 9th. A snap or flash to be considered a fire. The pistol must not be recovered.
" 10th. Neither party to quit his station without the order or consent of the two seconds.
" R. RIKER, " W. S. SMITH.
" New York, July 30, 1802."
With such positive and strict rules and regulations did the parties solemnly proceed in their innocent way of adjudicating the difference " 'Twixt tweedledum and tweedledee."
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At the time agreed upon the parties, accompanied by Doctors John H. Douglass and Isaac Ledyard, left for the Jersey shore. There the seconds tossed up for position and who should give the word. Both were won by Colonel Smith. There is some differ- ence between the seconds as to what occurred after this, and therefore both of their statements are given. Mr. Riker says :
"The parties having their positions, Col. Smith gave the words distinctly, as he did preceding each succeeding fire. They fired without effect. Mr. Clinton then requested me to ask Mr. Swartwont-which I did through Col. Smith-whether he was satisfied, deelaring at the same time that he bore him no resent- ment, and would be willing to meet him on terms of their orig- inal friendship. Mr. Swartwout declared he was not satisfied. The pistols were again loaded and delivered to the gentlemen. They turned at the word and fired, as before, without effect. The same declarations were made by Mr. Clinton, and the same ques- tion put, the answer being as before. The pistols were a third time loaded, and upon the words, 'Attention, gentlemen,' being pronounced by Col. Smith, I observed Mr. Swartwont turning, and he was nearly round before Col. Smith had pronounced the words, ' to the right face,' upon which I said, ' stop.' He paused a moment, and fired a little before Mr. Clinton. I remonstrated against it immediately after, and requested Col. Smith to inform Mr. Swartwout that it must not be repeated. I observed that Mr. Clinton had been shot through the coat, and then said to Mr. Swartwont through Col. Smith, and by request of Mr. Clin- ton as before, 'Mr. Clinton has no enmity to Mr. Swartwont ; he is sorry that this disagreement has happened, and is willing to bury all in oblivion : that he was shooting at a man whom he did not wish to injure.' On asking whether he was satisfied, the an- swer was no, nor would he be until the apology was made which had been demanded A certificate was then presented to Mr. C. by Col. S. Mr. C. read it, handed it back, saying he would sooner fire all night than ask his pardon. The parties again took their stations, with noticeable coolness. The word was given, the gentlemen fired with more deliberation than usual, Mr. C. rather after Mr. S. His ball took effect, upon which Mr. S. immediately
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called for another pistol. While the pistols were being reloaded the blood flowed profusely from the wound in Mr. S.'s leg, and he looked pale. His surgeon, Dr. Douglass, went to him, and it is said quietly extracted the ball from the other side of his leg. This was contrary to the 7th article of the code adopted by them, and unbeknown to Mr. Riker. When the parties were again ready, Mr. S.'s looks prompted one of the surgeons to remark, 'Mr. Swartwout requires a surgeon,' whereupon Mr. Riker begged Col. S. to repeat to Mr. S., ' Sir, are you satisfied ? Mr. Clinton bears you no resentment. He is sorry for what has passed, and will meet you on the score of original friendship.' Mr. S., standing in his place, replied, ' I am not ; it is useless to repeat the question.' Then said Mr. C., 'I beg you all to bear witness, I have no enmity to Mr. Swartwout, and I am compelled to shoot at a man whom I do not wish to hurt; but I will sign no paper -I will not dishonor myself.' The word was then again given, the parties fired, and Mr. C.'s ball again took effect. Mr. S. coolly said he was ready to take another shot. Preparations were being made to load the pistols, when Dr. Ledyard, calling from the bank, said : 'Mr. Clinton, don't fire again ; Mr. Swartwout wants our assistance.' Whereupon Mr. C. stepped toward the bank and asked, · Will it be right to fire again ?' Dr. L. said, . No, by no means.' Mr. C. then asked Mr. Riker what he ought to do. His second, reflecting a moment, said to Col. S .: ‘Mr. Clinton shall not fire again.' Mr. S. was then assisted into the boat, Mr. Riker supporting him on the right side and Dr. Ledyard on the left."
Colonel Smith's statement is as follows :
" The ground being correctly measured and intermediate ques- tions adjusted, the gentlemen took their stations, were each pre- sented with a pistol, and, by order, faced to the right and fired, ineffectually. At the request of Mr. Riker I asked Mr. Swart- wout : 'Are you satisfied, sir ?' He answered, . I am not.' The pistols then being exchanged, and their positions resumed by order, the gentlemen faced to the right, and fired a second shot without effect. At the request of Mr. Riker, I again addressed
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Mr. Swartwout : ' Are you satisfied, sir?' He answered strongly in the negative. We proceeded, and a third shot was exchanged without injury. At the request of Mr. Riker, I again asked Mr. Swartwont : 'Are you satisfied, sir ?' He answered : ' I am not ; neither shall I be until that apology is made which I have de- manded. Until then we must proceed.' I then presented a paper to Mr. Riker containing the apology demanded for Mr. Clinton's signature, observing that we could not spend our time in conver- sation ; that this paper must be signed or proceed. Mr. Clinton declared he would not sign any paper on that subject ; that he had no animosity against Mr. Swartwont ; would willingly shake hands, and agree to meet on the score of former friendship.
" Mr. Swartwout insisting on his signature to the apology, and Mr. Clinton declining, they stood at their posts, and fired a fourth shot. Mr. Clinton's ball struck Mr. Swartwout's left leg about five inches below the knee ; he stood ready and collected. At the request of Mr. Riker, I again addressed Mr. Swartwout : ' Are you satisfied, sir ?' He answered, ' It is useless to repeat the question ; my determination is fixed, and I beg we may proceed.' Mr. Clinton repeated that he had no animosity against Mr. Swartwont; was sorry for what had passed ; pro- posed to advance, shake hands, and bury the circumstance in oblivion. During this conversation, Mr. Swartwout's surgeon, kneeling by his side, extracted a ball from the opposite side of his leg.1 Mr. Swartwout standing erect on his post, and posi- tively declining anything short of an ample apology, they fired the fifth shot, and Mr. Swartwont received the ball in the left leg, about five inches above the ankle; still, however, standing steadily on his post, perfectly composed. At the request of Mr. Riker, I again addressed Mr. Swartwout: 'Are you satisfied, sir ?' He forcibly answered, 'I am not, sir; proceed.' Mr. Clinton then quit his station, declined the combat, and declared he would fire no more. Mr. Swartwout expressed himself sur-
1 While Dr. Douglass was performing this operation, the seconds were at the pistol cases. Colonel Smith turned around and said, " Doctor Douglass, what do you do there, sir ? go away, or you will be shot."
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prised that Mr. Clinton would neither apologize nor give him the satisfaction required ; and addressing me, said, ' What shall I do, my friend ?' I answered, ' Mr. Clinton declines making the apology required, refuses taking his position, and posi- tively declares he will fight no more ; and his second appearing to acquiesce in the disposition of his principal, there is nothing further left for you now but to have your wounds dressed.' The surgeons attended, dressed Mr. Swartwout's wounds, and the gentlemen, in their respective barges, returned to the city."
It was said that after the last shot, and while Mr. Swartwout was sitting on a stone bleeding, Mr. Clinton approached him, offered him his hand, and said, "I am sorry I have hurt you so much." Then turning to Colonel Smith, he said, " I don't want to hurt him, but I wish I had the principal here. I will meet him when he pleases." He had reference to Aaron Burr.
RIKER AND SWARTWOUT.
Richard Riker, at the time Depnty Attorney-General of the State of New York, afterward Recorder of the city, and known as Diekey Riker, and Robert Swartwout, a brother of Samuel, Collector of the Port under General Jackson, fought a duel at Weehawken, on Monday, November 21, 1803. The cause lay in a political quarrel-Riker being a firm adherent of De Witt Clinton, and Swartwout a strong personal and political friend of Colonel Burr. Riker fell at the first fire, from a severe wound in the right leg. The wits who subsequently edited "The Croakers" refer to this combat in the following irreverent lines :
" The Riker, like Bob Acres, stood Edge-ways upon a field of blood, The where and wherefore Swartwout knows, Pulled trigger, as a brave man should, And shot, God bless them-his own toes."
These two parties were indicted in New York for dneling, November, 1804.
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BURR AND HAMILTON.
At last the two political chieftains of New York are about to meet in mortal combat. Their followers, at intervals for the past five years, had met and fought to settle political and per- sonal differences. Now Weehawken is to witness the last meet- ing of the rival leaders, and on her rocky shore they part-one
DUEL GROUND.
to his grave, the other to be a fugitive on the earth. The duel was fought on the morning of July 11, 1804. It arose, or rather a pretext for it was found, in what may be called the tattling of one Dr. Charles D. Cooper. For political purposes, he had re- ported that he " could detail a still more despicable opinion which General Hamilton had expressed of Mr. Burr." What-
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HISTORY OF HUDSON COUNTY.
ever this silly remark may have meant, it was the cause of the controversy which followed, and which ended in the untimely death of a truly great man.
As soon as this expression of Cooper was brought to Burr's attention, he, ripe for a quarrel with his great rival, called upon General Hamilton for "a prompt and unqualified acknowledg- ment or denial of the use of any expression which would war- rant the assertion of Dr. Cooper," and selected William P. Van Ness as his friend, to deliver his letter. Hamilton replied on the 20th of June, but it is manifest that he could not be held responsible for Dr. Cooper's inferences. On the 21st, Burr rejoined as follows :
"SIR: Your letter of the 20th instant 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 honor 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 Dr. Cooper the idea of dishonor. 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 honor. The time ' when' is in your own knowledge, but no way material to ine, 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."
Mr. Van Ness delivered this letter. Hamilton told him that he considered it rude and offensive, and unless it were recalled, the only answer which it was possible for him to make was that
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Mr. Burr must take such steps as he might think proper. Nevertheless, he replied in writing as follows :
" Sık : Your first letter, in a style peremptory, made a de- mand, in my opinion, unprecedented and unwarrantable. My answer, pointing out the embarrassment, gave you an oppor- tunity 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 dis- avowal 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."
This letter was delivered to his friend, Judge Nathaniel Pen- dleton, who had been Aid-de-Camp of General Greene, on the 22d of June, but by reason of certain conversations between him and Mr. Van Ness it was not delivered until the 25th. Before the de- livery of this letter Mr. Van Ness had addressed a note to General Hamilton asking him " when and where it would be most con- venient to receive a communication." It will be seen, therefore, that Colonel Burr had resolved on extreme measures before Gen- eral Hamilton's second note was delivered to him.
Pending the negotiations previons to the delivery of the letter of the 22d, Judge Pendleton submitted to Mr. Van Ness the fol- lowing paper, which shows how far General Hamilton was willing to concede :
" General Hamilton says he cannot imagine to what Dr. 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 par- ticulars of that conversation, so as to undertake to repeat then, 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
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the best of his recollection it consisted of comments on the politi- cal principles and views of Colonel Burr, and the results that might be expected from them in the event of his election as Gov- ernor, without reference to any particular instance of past conduct or to private character."
After the delivery of Hamilton's second letter, Judge Pendle- ton submitted another paper, dictated by the same kindly spirit :
"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 dishonorable conduct, or had impeached his private character, either in the conversation alluded to by Dr. Cooper, or in any other particular instance to be specified, he would be able to answer consistently with his honor and the truth in substance, that the conversation to which Dr. Cooper alluded turned wholly on political topies, and did not attribute to Colonel Burr any instance of dishonorable 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."
These propositions being unacceptable to Colonel Burr, a cor- respondence between the seconds followed. Finally the formal challenge was given by Burr and accepted by Hamilton. The parties prepared for the meeting, which was to be on the 11th of July. Hamilton executed his will, and signed cogent reasons why he should not fight a duel. His own good judgment, his keen sense of moral right, his obligations 'to his family, his duty to his country and to the requirements of the law, all united to convince him that he had no right to jeopard his life to the demands of a false sentiment. But louder than all these the publie voice called upon him to meet his foe in mortal combat, and he, who had faced death on the battle field, had not the courage to refuse. Burr, on the night of the 10th, wrote several letters-one to his Theodosia, the pride of his heart-and then lay down and slept till morning. Better for him had that sleep been his last-better for him had that morning never dawned. At daybreak a few of his friends gathered around him. Shortly afterward they pro-
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ceeded from Burr's house, No. 30 Partition, now Fulton street, to the shore, where Burr, Van Ness, Matthew L. Davis and another (probably Swartwont) embarked, and were rowed over to Wee- hawken.1 They arrived on the ground about half-past six o'clock. for it had been previously agreed that he should arrive first. Burr and Van Ness, with coats off, were leisurely removing the underbrush from the ground, " so as to make a fair opening," when Hamilton and his second, accompanied by Dr. Hosack, who had been mutually agreed upon as the surgeon, arrived a few minutes before seven o'clock. The principals and their seconds exchanged salutations, and the seconds proceeded with the usual preparations. They measured the distance, ten full paces, then cast lots for the choice of position and to decide who should give the word. The lot in both cases fell to General Hamilton's second, who chose the upper end of the ledge for his principal. The pistols were then loaded in each other's presence and the principals placed, Hamilton looking over the river toward the city, and Burr toward the heights under which they stood. Judge Pendleton gave Hamilton his pistol, and asked :
" Will you have the hair-spring set ?"
" Not this time," was the quiet reply.
Judge Pendleton 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."
HIe 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 inter- vening time is not expressed, as the seconds do not precisely agree on that point. The fire of Colonel Burr took effect, and
1 Wilson was one of the rowers.
₱
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HISTORY OF IIUDSON COUNTY.
General Hamilton almost instantly fell, his pistol going off invol- untarily. Colonel Burr then advanced toward Hamilton with a manner and gesture which to Judge Pendleton seemed to be expressive of regret,1 but, without speaking, turned about and withdrew, being urged from the field by his friend, shielded, as it is stated, by an umbrella, with a view to prevent his being recognized by the surgeon and bargemen, who were then ap- proaching. Colonel Burr entered his barge and returned to the city to breakfast !
When Hamilton fell his second immediately sprang forward and lifted him to a sitting posture. The ball had struck the second or third false rib, and fractured it about in the middle ; it then passed through the liver and diaphragm and lodged in the first or second lumbar vertebra. Dr. Hosack says : "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 sank away and became to all appearance lifeless. His pulses were not to be felt, his respiration was entirely suspended, and upon laying my hand upon his heart and perceiving no motion there, I considered him as irrevocably gone. I, however, observed to Mr. Pendleton that the only chance for his reviving was imme- diately 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." Before they reached the opposite shore he revived. He survived until the next day about two
1 Burr was considered a good shot, and he is said to have remarked on the afternoon of the same day, by way of apology for firing a little below the breast, that had it not been for smoke or a rising momentary mist, or something of that nature, which intercepted his vision, he should have lodged the ball exactly in the centre of Hamilton's heart. N. Y. Spectator, July 28, 1824.
When in England, in 1808, he gave Jeremy Bentham an account of the duel, and said he was sure of being able to kill him ; and "So," records Bentham, "I thought it little better than a murder." Sabine on Dueling, 212. Such was the view held by the grand jury of Bergen county. That body indicted him in November, 1804, for murder. On November 20, 1807, this indictment was quashed by the Supreme Court, on motion of Colonel Ogden. Centinel of Free- dom, Nor. 24, 1807.
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o'clock in the afternoon, when he died, in the forty-eighth year of his age.
Immediately after the duel a question arose as to Hamilton's firing-whether it was intentional or not. The next day Judge Pendleton and a friend went over to the ground to see if they could discover some traces of the course of the ball from Ilamil- ton's pistol. They ascertained that the ball passed through the limb of a cedar tree1 at an elevation of about twelve and a half feet from the ground, between thirteen and fourteen feet from where Hamilton stood, and about four feet wide of the direct line between him and Colonel Burr on the right side.
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