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LEGAL HISTORY II

Champerty/Contingent Fee

Champ/Cont. Fee II

Champ/Cont. Fee III

Champ/Cont. Fee IV

Champ/Cont. Fee V

Champ/Cont. Fee VI

Champ/Cont. Fee VII

NY Divorce--1829

NY Divorce II--1829

NY Divorce III-1829

NY Divorce IV-1829

Jugglers and Mountebanks

Hawkers and Peddlers

Hawkers II

Lightning Rod Salesmen

Lightning Rod Sales II

The Oregon Mission

Oregon Mission II

Oregon Mission III

Oregon Mission IV

Oregon Mission V

Oregon Mission VI

Oregon Mission VII

The "Indian" Laws (1842)

Crim. Syndicalism

Criminal Syndicalism II

Criminal Syndicalism III

Criminal Syndicalism IV

Scottish Legal Terms

Scot. Legal Terms II

A. Johnson and J. Davis

Johnson Historiography

Johnson's Pardons

Johnson's Pardons II

Pinckney's Draft I

Pinckney's Draft II

Teaching Con. Law

Burr and Hamilton Duel I

Burr/Hamilton Duel II

Burr/Hamilton Duel III

Hamilton's "Confession"

Jefferson Loses I

Judiciary Act of 1789 I

Judiciary Act of 1789 II

Act of March 2, 1793 I

Act of March 2, 1793 II

Teaching Tax Law

Federal Property Tax 1798

Federal Prop. Tax 1798 II

Fed. Prop. Tax 1798 III

Aaron Burr--Treason Trial

Treason Trial of Burr II

Treason Trial of Burr III

Treason Trial of Burr IV

Treason Trial of Burr V

Election of 1800 I

Election of 1800 II

Election of 1800 III

Election of 1800 IV

Election of 1800 V

Where was A. Burr I?

Where was A. Burr II?

Election of 1800 VI

Judiciary Act of 1801 I

Judiciary Act of 1801 II

Judiciary Act of 1801 III

Events of 1801-02 (I)

Events of 1801-02 (II)

Judiciary Act of 1802

The Justices Discuss I

The Justices Discuss II

The Justices Discuss III

Marbury Background I

Marbury Background II

Marbury/Stuart I

Marbury/Stuart II

How Smart was Marshall?

The Big Duel IV

Bill Long 10/5/07

One More--Alexander Hamilton's "Deathbed" Confession

You can imagine how interest in Hamilton's condition remained at a fever pitch while he lay dying and after his death. He had been brought to the home of William Bayard by 9:00 a.m. on July 11, and by 10:00 a.m., the word was already widely circulating in NYC that Hamilton lay dying. As one eyewitness says, all of New York was in turmoil. For the next 28 hours he would be in extreme pain while the doctor, as he says in his August 17, 1804 letter to William Coleman, applied upwards of an ounce of laudanum to him, along with "tepid anodyne fomentations." Yet, despite this care, "his sufferings, during the whole of the day, [were] almost intolerable." The doctor confessed he "had not the shadow of hope of his recovery."

While the doctor's report was read with high interest, even though it wasn't written until five weeks after Hamilton's death, I am more interested in the letter written by Benjamin Moore to William Coleman, a close friend of Hamilton and Editor of the New York Evening Post, written on the evening of Hamilton's death. Moore would eventually become the 2nd Bishop of the Episcopal Diocese of New York but at the time was President of Columbia College (formerly known as King's College). Actually, Moore's real claim to fame was that he was the father of Clement Clark Moore, the author of "A Visit from St. Nicholas," known to us all as "The Night Before Christmas." Though this letter is online, I would like to quote and comment on sections of it. Clement's father was writing about a far different kind of night... Let's follow the flow:

"The public mind being extremely agitated by the melancholy fate of that great man, ALEXANDER HAMILTON, I have thought it would be grateful to my fellow-citizens, would provide against misrepresentation, and, perhaps, be conductive to the advancement of the cause of Religion, were I to give a narrative of some facts which have fallen under my own observation, during the time which elapsed between the fatal duel and his departure out of this world."

Good. The good Reverend will give us his "eyewitness" report on his visit to Hamilton. But first, how did he happen to be there?

"Yesterday morning (i.e., July 11), immediately after he was brought from Hoboken to the house of Mr. [William] Bayard, at Greenwich, a message was sent informing me of the sad event, accompanied by a request from General Hamilton, that I would come to him for the purpose of administering the holy communion. I went; but being desirous to afford time for serious reflection, and conceiving that under existing circumstances, it would be right and proper to avoid every appearance of precipitancy in performing one of the most solemn offices of our religion, I did not comply with his desire. At one o'clock I was again called on to visit him. Upon my entering the room and approaching his bed, with the utmost calmness and composure he said, "My dear Sir, you perceive my unfortunate situation, and no doubt have been made acquainted with the circumstances which led to it. It is my desire to receive the Communion at your hands. I hope you will not conceive there is any impropriety in my request." He added, "It has for some time past been the wish of my heart, and it was my intention to take early opportunity of uniting myself to the church, by the reception of that holy ordinance."

Note Moore's reluctance to "rush over" to the bedside of the wounded Hamilton. Sort of shows a different spirit from the preachers of our day who would do anything to run to the President's (or distinguished person's) side. Ah, Hamilton gives the story given by many. He had always planned to join the church but just hand't yet gotten around to it. Now things were appearing a bit more urgent; hence the request to the Rev. Moore. And how did Moore respond?

"I observed to him that he must be very sensible of the delicate and trying situation in which I was then placed; that however desirous I might be to afford consolation to a fellow mortal in distress; still, it was my duty as a minister of the gospel, to hold up the law of God as paramount to all other law; and that, therefore, under the influence of such sentiments, I must unequivocally condemn the practice which had brought him to his present unhappy condition. He acknowledged the propriety of these sentiments, and declared that he had viewed the late transaction with sorrow and contrition. I then asked him, "Should it please God, to restore you to health, Sir, will you never be again engaged in a similar transaction? and will you employ all your influence in society to discountenance his barbarous custom?" His answer was, "That, Sir, is my deliberate intention."

Here is the deathbed "confession." The Church didn't approve of dueling, and so Hamilton had to renounce dueling, despite the fact that it was a semi-regular part of his life and, in fact, his son had been killed in a duel in 1801. Hamilton's confession here is akin to the confession of the "Good Thief" on the cross. Recall Jesus' response: "Today you will be with me in paradise." With that kind of precedent, how could the good reverend refuse communion to Hamilton?

"I proceeded to converse with him on the subject of his receiving the Communion; and told him that with respect to the qualifications of those who wished to become partakers of those who wished to become partakers of that holy ordinance, my inquiries could not be made in language more expressive than that which was used by our Church. "Do you sincerely repent of your sins past? Have you a lively faith in God's mercy through Christ, with a thankful remembrance of the death of Christ? And are you disposed to live in love and charity with all men?" He lifted up his hands and said, "With the utmost sincerity of heart I can answer those questions in the affirmative – I have no ill will against Col. Burr. I met him with a fixed resolution to do him no harm – I forgive all that happened." I then observed to him, that he terrors of the divine law were to be announced to the obdurate and impenitent: but that the consolations of the Gospel were to be offered to the humble and contrite heart: that I had no reason to doubt his sincerity, and would proceed immediately to gratify his wishes. The Communion was then administered, which he received with great devotion, and his heart afterwards appeared to be perfectly at rest. I saw him again this morning, when, with his last faltering words, he expressed a strong confidence in the mercy of God through the intercession of the Redeemer. I remained with him until 2 o'clock this afternoon, when death closed the awful scene – he expired without a struggle, and almost without a groan."

And so Moore administered the sacrament to Hamilton, who died in perfect peace, confident of the "mercy of God." Lest you think, however, that this is the end of the story, Moore finished with a hortatory word:

"By reflecting on this melancholy event, let the humble believer be encouraged ever to hold fast that precious faith which is the only source of true consolation in the last extremity of nature. Let the Infidel be persuaded to abandon his opposition to that gospel which the strong, inquisitive and comprehensive mind of a HAMILTON embraced, in his last moments, as the truth from heaven. Let those who are disposed to justify the practice of duelling [sic] be induced, by this simple narrative, to view with abhorrence that custom which ha occasioned as irreparable loss to a worthy and most afflicted family; which has deprived his friends of a beloved companion, his profession of one of its brightest ornaments, and his country of a great statesman and a real patriot."

Might as well try to use this deathbed conversion for evangelistic purposes. After all, the Methodists were, by this time, spreading like wildfire throughout the Middle West (KY especially) and the Eastern States. Episcopalians need all the help they can get!

Much more could be said about the duel and the aftermath. Indeed, I think it convinced Burr that whatever future lay before him (and he wouldn't die until 1836), it would not be in the Eastern States. Thus, he left in 1805, after the Chase trial, for the Western parts. And there again he riveted the attention of all upon him. Not, however, because he killed a man in a duel but because he was accused of doing something far more nefarious--betraying the United States. Future posts will, I hope, probe that issue.

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