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:—]