If a gentleman in the early 19th century felt his honor had been insulted, there was a way to get satisfaction. Dueling may have been illegal, but the law generally looked the other way.
There were a number of famous duels in the 1800s, but the one we all remember happened on this date in 1804: Alexander Hamilton faced Aaron Burr at a dueling ground in New Jersey, across the Hudson River from New York City.
The two famous men faced off, and Hamilton's shot missed. Some say he fired in the air, some say his shot simply went wide of the mark. But Burr, who felt he had been insulted enough by Hamilton, leveled the pistol in his hand and fired a ball into Hamilton's torso.
Alexander Hamilton was carried back to Manhattan, where he died the next day. He was given a grand funeral, and his marble tomb stands today in the yard of Trinity Church in lower Manhattan.
The notorious Aaron Burr fled, yet he was never prosecuted for shooting Hamilton. He would, however, later be charged with treason over some mysterious dealings in the West. He was acquitted, but lived the rest of his life under a shadow.
The killing of Hamilton led to an outcry against dueling, but the violent practice lived on for decades. And public and political discourse may have been elevated, admittedly in a peculiar way, by the knowledge that the hurling of insults would mean you might have to visit the "field of honor" and stare down the barrel of your rival's pistol.
Related: Famous Duels of the 19th Century
Illustration: Alexander Hamilton/Library of Congress
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Comments
Burr couldn’t be prosecuted for shooting Hamilton. The duel occurred in New Jersey, where (unlike New York) dueling had not yet been outlawed and hence the shooting of Hamilton was not a crime under New Jersey law. That’s why the duel occurred in New Jersey. The practice was to cross the Hudson to avoid a criminal act in New York.
My recollection, though, is that Burr WAS charged in New York with the misdemeanor of issuing a challenge to a duel. There was no felony in New York since the Hamilton’s death was caused by a duel that occurred in New Jersey, but Burr had issued the challenge in New York so New York DID have the jurisdiction to charge Burr with the misdemeanor of issuing a challenge.
That’s why Burr literally “went south,” where he was sheltered by some of his Democratic-Republican supporters in southern states. He was avoiding the misdemeanor prosecution in New York (although I suppose that initially he might have feared some prosecution in New Jersey, but need not have). ]
I suspect New York WOULD have charged Burr with murder if the duel had actually occurred in New York, but New York lacked jurisdiction to prosecute for Hamilton’s death itself.