Mr.
P[endleton] expressed a confident opinion that General Hamilton
did not fire first – and that he did not fire at all at
Col. Burr. Mr. V[an] N[ess] seemed equally confident in the
opinion that Gen. H. did fire first –and of course that
it must have been at his antagonist….
1st.
Besides the testimonies of Bishop Moore, and the paper contained
an expressed declaration, under General Hamilton’s own
hand, enclosed to his friend in a packet, not to be delivered
but in the event of his death, and which have already been published,
General Hamilton informed Mr. P. at least ten days previous
to the affair, that he had doubts whether he would not receive
and not return Mr. Burr’s first fire. Mr. P. remonstrated
against this determination, and urged many considerations against
it, as dangerous to himself and not necessary in the particular
case, when every ground of accommodation, not humiliating, had
been proposed and rejected. He said he would not decide lightly,
but take time to deliberate fully. It was incidentally mentioned
again at their occasional subsequent conversations, and on the
evening proceding the time of the appointed interview, he informed
Mr. P. he had made up his mind not to fire at Col. Burr the
first time, but to receive his fire, and fire in the air. Mr.
P. again urged him upon this subject, and repeated his former
arguments. His final answer was in terms that made an impression
on Mr. P’s mind which can never be effaced. “My
friend, it is the effect of a Religious Scruple, and does not
admit of reasoning, it is useless to say more on the subject,
as my purpose is definitely fixed.”
2nd.
His last words before he was wounded afford a proof that this
purpose had not changed. When he received his pistol, after
having taken his position, he was asked if he would have the
hair spring set? – His answer was, “Not this time.”
3rd.
After he was wounded, and laid in the boat, the first words
he uttered after recovering the power of speech were, (addressing
himself to a gentleman present, who perfectly well remembers
it) “Pendleton knows I did not mean to fire at Col. Burr
the first time.”
4th.
This determination had been communicated by Mr. P. to that gentleman
that morning before they left the city.
5th
The pistol that had been used by General Hamilton, lying loose
over the other apparatus in the case which was open; after having
been some time in the boat, one of the boatmen took hold of
it to put it into the case. General Hamilton observing this,
said “Take caer of that pistol – it is cocked. It
may go off and do mischief.” This is also remembered by
the Gentleman alluded to.
This
shews that he was not sensible of having fired at all. If he
had fired previous to receiving the wound, he would have remembered
it, and therefore have known that the pistol could not go off;
but if afterwards it must have been the effect of an involuntary
exertion of the muscles produced by a mortalwound, in which
case, eh could not have been conscious of having fired.
6.
Mr. P having so strong a conviction that if General Hamilton
had fired first, it could not have escaped his attention (all
his anxiety being alive for the effect of the first fire, and
having no reason to believe the friend of Col. Burr was not
sincere in the contrary opinion) he determined to go to the
spot where the affair took place, to see if he could not discover
some traces of the course of the ball from Gen. Hamilton’s
pistol. He took a friend with him the day after General Hamilton
died, and after some examination they fortunately found what
they were in search of. They ascertained that the ball passed
through the limb of a cedar tree, at an elevation of about twelve
feet and a half, perpendicularly from the ground, between thirteen
and fourteen feet from the mark on which General Hamilton stood,
and about four feet wide of the direct line between him and
Col. Burr, on the right side; he having fallen on the left.
The part of the limb through which the ball passed was cut off
and brought to this city, and is no in Mr. Church’s possession.
