The presidential election over, Burr showed his pique by kicking over the traces. In January 1802 a bill to repeal the hated judiciary act, passed in the previous year by the Federalists, reached the Senate. A motion to recommit led to a tie vote and left the decision to the Vice-President. Burr voted with the Federalists. Then a few weeks later, to add insult to injury, he appeared as guest at a dinner given by the Federalists and there proposed a toast to “the union of all honest men.” It was abundantly clear to those present that in the select company of honest men Burr emphatically did not mean to include Mr. Jefferson and the rest of the “Virginia dynasty.”
Such disloyalty to his party could not be overlooked. Within a few days the Republican press, led by DeWitt Clinton’s New York American Citizen and William Duane’s Philadelphia Aurora, was in full cry. There was no longer any doubt that Jefferson, the Clintons, and the Livingstons were determined to strip Burr of his power and drive him from the party.
Considering the conflicting temperaments of Burr and Jefferson the split between the two men was inevitable. Though Jefferson professed to believe that Burr had declined the blandishments of the Federalists to have himself elected President in 1801, a truer opinion of Burr is revealed in a letter written some years later to Senator William B. Giles. Jefferson denied having ever had any hostile sentiment toward Burr yet confessed that he had not thought him an honest, frank-dealing man but rather “a crooked gun, or other perverted machine, whose aim or shot you could never be sure of.”
An election for Governor of New York was scheduled for the spring of 1804 and though Burr’s term as Vice-President would not be up until March of the following year he announced himself as a candidate. But the Clintons and the Livingstons controlled the party machine. While the rank and file were for Burr the leaders saw to it that the nomination went to one Morgan Lewis. Since the Federalists had no candidate of their own and Burr was well liked by many of them, he decided to run as an independent candidate, counting on both Federalist and Republican votes. Here he met with violent opposition from Alexander Hamilton, who had no intention being of humiliated by Burr, whom he disliked and distrusted, winning the election with the aid of Federalist votes. In the bitter campaign which followed Lewis, with the support of the regular Republicans and a minority of Federalists, was swept into office. Burr’s defeat, attributed largely to Hamilton’s intervention, spelled the end of his political career.
In the course of the campaign Hamilton attended a dinner at the home of a friend in Albany. It was an assembly of intimates and Hamilton freely expressed his opinion of Burr. The matter might have ended there had not the remarks he was supposed to have made found their way into an Albany newspaper, from which they were picked up by other newspapers throughout the state and used extensively in the campaign. One remark was to the effect that Hamilton had said Burr was a “dangerous man and ought not to be trusted.” The other credited Hamilton with having applied to Burr the term “despicable.”
Burr waited until the campaign was over. Then he wrote Hamilton a letter stating that the remarks had been brought to his attention and demanding an explanation. Hamilton’s reply was evasive. After further exchanges failed to give satisfaction, Burr’s friend William P. Van Ness presented himself before Hamilton with a challenge to a duel. Hamilton accepted. The date set was July 11 and the place the heights of Weehawken in New Jersey across the Hudson River from New York City.
On July 4, according to its custom, the Society of the Cincinnati, composed of former officers of the American army in the Revolution, held a convivial celebration in honor of the Declaration of Independence. Both Hamilton and Burr were members and both attended. Those present recalled later that Hamilton was unusually gay, leading the others in song, while Burr was more serious than was his usual custom at these parties. Their conduct toward each other was so correct that nobody suspected that the two men shortly were to meet in a duel.
Early on the morning of the 11th Hamilton, accompanied by Nathaniel Pendleton, his second, and Dr. Davis Hosack, his surgeon, crossed the river and arrived at the rendezvous. They found Burr and Van Ness already on the ground, busy clearing away the underbrush and overhanging boughs. The formal greetings required by the “Code” were exchanged. The seconds loaded, inspected and approved the pistols, and agreed on the procedure.
The principals took their positions. In appearance they were evenly matched. Both men were short of stature, trim in figure, alert but calm. Whatever their shortcomings neither lacked physical courage. With pistols gripped they awaited instructions which were not long in coming.
The order “Fire!” was given by Pendleton in a loud voice, and two shots followed. Burr stood unmoved; Hamilton fell forward on his face. Pendleton and Hosack rushed to the wounded man’s side. Burr made a motion as if to do likewise but was restrained by Van Ness, and after removing their hats in respect for their opponent they left the scene.