David S. Terry was a Chief Justice of the California State Supreme Court and an advocate of extending slavery into California. Having previously stabbed a political member in 1856, Terry was man known for his hot temper and tendency toward violence. Although Terry and Broderick had been friends, when Terry lost his re-election because of his views on pro-slavery, he blamed David Broderick for his loss. At a party convention in Sacramento in 1859, Terry gave a searing speech, attacking Broderick and his antislavery stance. Broderick responded to Terry with an equally unflattering statement and as tempers flared, Terry challenged Broderick to a duel.

The San Francisco duel drew national attention. Senator Broderick's death turned him into a martyr for the anti-slavery movement. Terry and his southern sympathizers were accused of assassination. The Broderick-Terry duel reflected the nation's larger and more violent divisions and many feel that this tragedy pushed the country further towards a civil war.


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Throughout the Senate's history, members, like baseball players, have taken satisfaction from setting records. One exception was California senator David Broderick. In September 1859, Broderick established a record that remains unbroken. He became the only sitting senator to die in a duel.

California's 1859 state election contest deepened the antagonism between Gwin's proslavery and Broderick's antislavery factions. During the campaign, California chief justice David Terry, an ally of Senator Gwin, denounced Broderick as no longer a true Democrat. In Terry's opinion, Broderick was following the "wrong Douglas." He had abandoned Democratic Party leader Stephen Douglas in favor of "black Republican" leader Frederick Douglass. Broderick angrily responded that Terry was a dishonest judge and a "miserable wretch." For these words, Terry challenged Broderick to a duel.

One of things I enjoy about working at the Library of Congress is visiting our Manuscripts Division to read first-hand accounts of historic events. After reading a biography of Andrew Jackson, I looked through the finding aid for his papers and came upon a letter from a Tennessee lawyer named Charles Dickinson. The estimated number of duels fought by Andrew Jackson varies widely, but one of the most memorable was fought against Dickinson.

The story, as Parson Weems tells it, is that in 1754 a strapping young militia officer named George Washington argued with a smaller man, one William Payne, who made up for the disparity in size by knocking Washington down with a stick. It was the kind of affront that, among a certain class of Virginia gentlemen, almost invariably called for a duel. That must have been what Payne was expecting when Washington summoned him to a tavern the following day. Instead, he found the colonel at a table with a decanter of wine and two glasses. Washington apologized for the quarrel, and the two men shook hands.

Ultimately, the problem with dueling was the obvious one. Whatever rationale its advocates offered for it, and however they tried to refine it, it still remained a capricious waste of too many lives. This was especially true in the Navy, where boredom, drink and a mix of spirited young men in close quarters on shipboard produced a host of petty irritations ending in gunfire. Between 1798 and the Civil War, the Navy lost two-thirds as many officers to dueling as it did to more than 60 years of combat at sea. Many of those killed and maimed were teenage midshipmen and barely older junior officers, casualties of their own reckless judgment and, on at least one occasion, the by-the-book priggishness of some of their shipmates.

Duels occurred when one party issued a challenge, written or verbal, to another, usually in response to a perceived slight. Swords and pistols were the weapons of choice, although by the nineteenth century duelists usually opted for pistols. Seconds, or representatives of the dueling parties, organized these affairs, and when pistols were used, the antagonists fired at one another. Although the distance between the shooters was negotiable, shots were usually exchanged at close range, sometimes even as short as ten paces. Still, early nineteenth century pistols were notoriously unreliable, and often duelists simply wanted to prove their courage and hesitated to kill their opponents. Most duels, then, were not fatal and ended with (sometimes intentionally) wildly errant shots, compromises, or apologies. Nevertheless, many resulted in one or both of the combatants being maimed, mortally wounded, or killed outright.

On July 11, 2004, the 200th anniversary of the duel, the Weehawken Historical Commission staged a reenactment of the event. Descendants of Alexander Hamilton and Aaron Burr played the parts of their ancestors.

1801

George I. Eacker and Alexander Hamilton's son Philip duel at Weehawken. Eacker, a 27-year-old lawyer, had made a speech accusing Alexander Hamilton of being willing to overthrow Thomas Jefferson's presidency by force. On November 20, nineteen-year-old Philip Hamilton and his friend Richard Price confronted Eacker about the speech. After Eacker insulted them, the men challenged Eacker to a duel. 


Eacker and Richard Price took the field first at Weehawken, on November 22. They exchanged shots, but no one was injured; according to convention, honor was satisfied. Philip Hamilton stood next against Eacker, on November 23. Hamilton fell to a ball from Eacker's smoothbore dueling pistol. Eacker was uninjured; Philip Hamilton died a day later.

In 1827, Henry Wharton Conway and Robert Crittenden, both important figures in territorial Arkansas, fought a duel that had profound implications for the course of Arkansas history. Conway, a former naval officer and governmental employee originally from Tennessee, had relocated to Arkansas for a governmental post and eventually sought political office in Arkansas. Crittenden, originally from Kentucky, also served in the armed forces and later held political positions in Arkansas; he was originally a political supporter of Conway. Both were young, professional, and successful in their own right, but a conflict ensued between the two during an Arkansas election campaign, leading Crittenden to challenge Conway to a duel.

Conway and Crittenden were friends and had worked together in an official capacity in local Arkansas politics, Crittenden as secretary (a position comparable to the present-day lieutenant governor position) and Conway as delegate, or representative, from Arkansas Territory in Washington DC. Conway announced his campaign for reelection with the Democratic Party and was opposed by Robert C. Oden, a former military officer and Little Rock (Pulaski County) lawyer of the Whig Party. Interestingly, he was also quite well known for a duel that finally turned the local courts against the practice of dueling in 1820.

Today marks the anniversary of the deadly duel between Alexander Hamilton and Aaron Burr. What caused the sitting vice president to shoot and kill a Founding Father on the cliffs overlooking New York City?

Historians are still arguing over the events in Weehawken, New Jersey, on July 11, 1804. The men became bitter enemies over political and personal issues, but a lot is still in dispute over the duel itself--and why it had to happen.

Hamilton died 36 hours after the duel from his wounds. Vice President Burr was indicted but not arrested. In 1807, Burr was accused of treason in a separate incident, but he was acquitted in a trial presided over by Chief Justice John Marshall. He quietly worked as a lawyer in New York in his later years.

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For years, dueling was a deep-rooted practice in American culture and flourished in nineteenth century Missouri. Like many early American customs, the original practice was imported from the European continent. Dueling traditions trace back to the Middle Ages when European nobles and knights defended their honor in man-to-man combat. As in Europe, dueling in America became associated with a broad code of honor outlining behavior appropriate for aristocrats and gentlemen. Obedience to this code, including dueling etiquette, was crucial to gaining and maintaining status as a member of the dominant social class.

Only gentlemen were thought to have honor, and therefore eligible to duel. To maintain status and social standing a gentleman had to be willing to take his chances on the field of honor. On the other hand, the Code Duellofrowned upon men of unequal social class settling their differences by dueling. If a gentleman was insulted by a person of lower class he would not duel him, but might proceed with a caning or cowhiding to humiliate his opponent.

Every detail of the duel was carefully plotted by the appointed seconds. A suitable field of honor with the chief criterion being isolation was selected and agreed upon. Dueling was a serious event and needed to be free of interruptions and free from interference by the law. The large number of islands in the Mississippi River over which no territory or state clearly held jurisdiction made them ideal dueling grounds. To insure even more privacy, duels were traditionally held at dawn shrouded by the morning mist.

Seconds loaded the pistols, paced the distance, and gave the signal to fire. The customary nineteenth century dueling weapon was a large caliber single-shot flintlock pistol. In earlier times, the sword had been the weapon used on the field of honor, but later guns became the weapon of choice. First developed in the mid-1500s, flintlocks remained popular until the mid-1800s when replaced by the percussion-cap lock. Fortunately, flintlocks often misfired and accuracy was difficult, so bloodshed was not guaranteed. Each participant was allowed to have a surgeon in attendance to judge the extent of an injury, provide treatment, or pronounce death. After the duel began, it could be ended at any time after honor had been satisfied according to the Code. 2351a5e196

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