which is indicated in the clofe of the letler, or may be intended to give an opening for rendering any thing explicit which may have been deemed vague heretofore, can only be judged of by the fequel. At any rate it appears to me neceffary not to be misunderstood. Mr. Pendleton is therefore authorifed to fay that in the course of the prefent difcuffion, written or verbal, there has been no intention to evade, defy or infult, but a fincere difpofition to avoid extremities if it could be done with propriety. With this view G. H. has been ready to enter into a frank and free explanation on any and every object of a specific nature; but not to anfwer a general and abstract inquiry, embracing a period too long for any accurate recollection, and expofing him to unpleafant criticisms from or unpleasant difcuffions with any and every perfon, who may have understood him in an unfavorable fenfe. This (admitting that he could answer in a manner the molt fatisfactory to Col. Burr) he fhould deem inadmiffible, in principle and precedent, and humiliating in practice. To this therefore he can never fubmit. Frequent allufion has been made to flanders faid to be in circulation." Whether they are openly or in whifpers they have a form. and fhape, and might be fpecified. If the alternative alluded to in the clofe of the letter is definitively tendered, it must be acceped; the time, place and manner to be afterwards regulated. I fhould not think it right in the midst of a Circuit Court to withdraw my fervices from those who may have confided important interefts to me, and expofe them to the embarraffment of feeking other counfel, who may not have time to be fufficiently inftructed in their caufe. I fhall alfo want a little time to make fome arrangements refpe&ting my own affairs. The following paper, in the hand writing of Gen. Hamilton was inclosed with his will and fome other papers in a packet addressed to one of his executors, which was of courfe not to have been delivered but in cafe of the melancholy event that has happened. As it contains his motives and reflections on the caufes that have led to this fatal catastrophe it is deemed proper to communicate it to the public. No. XII. On my expected interview with Col. Burr, I think it proper to make fome remarks explanatory of my conduct, motives and views. I was certainly defirous of avoiding this interview, for the moft cogent reafons. 1. My religious and moral principles are ftrongly oppofed to the practice of dueling, and it would ever give me pain to be obliged to fhed the blood of a fellow creature in a private combat forbidden by the laws. 2. My wife and children are extremely dear to me, and my life is of the utmoft importance to them, in various views. 3. I feel a fenfe of obligation towards my creditors, who in cafe of accident to me, by the forced fale of my property, may be in fome degree fufferers. I did not think my felt at liberty as a man of probity, lightly to expofe them to this hazard. 4. I am confcious of no ill will to Col. Burr, diftinct from political oppofition, which, as I truft, has proceeded from pure and upright motives. Laftly, I fhall hazard much, and can poffibly gain nothing by the iffue of this interview. But it was, as I conceive, impoffible for me to avoid it. There were intrinfick difficulties in the thing, and artificial embarraffments, from the manner of proceeding on the part of Col. Burr. Intrinfick, because it is not to be denied, that my animadverfions on the political principles, character and views of Col. Burr, have been extremely fevere, and on different occafions, I, in common with many others, have made very unfavorable criticifms on particular inftances of the private conduct of this Gentleman. In proportion as thefe impreffions were entertained with fincerity and uttered with motives and for purposes, which might appear to me commendable, would be the difficulty (until they could be removed by evidence of their being erroneous.) of explanation or apology. The difavowal required of me by Col. Burr, in a general and indefinite form, was out of my power, if it had really been proper for me to fubmit to be fo queftioned; but I was fincerely of opinion, that this could not be, and in this opinion, I was confirmed by that of a very moderate and and judicious friend whom I confulted. Befides that Col. Burr appeared to me to affume, in the first inftance, a tone unneceffarily pcremtory and menacing, and in the fecond, pofitively offenfive. Yet I wifhed, as far as might be practicable, to leave a door open to accommodation. This, i think, will be inferred from the written communications made by me and by my direction, and would be confirmed by the converfations between Mr. Van Nels and myself, which arofe cut of the fubject. I am not fure, whether, under all the circumftances, I did not go further in the attempt to accommodate, than a punctilious delicacy will juftily. If fo, I hope the motives I have flated will excufe me. It is not my defign, by what I have faid to affix any odium on the conduct of Col. Burr, in this caie--He doubtlefs has heard of animadverfions of mine which bore very hard upon him; and it is probable that as ufual they were accompanied with fome falfhoods. He may have fuppofed himself under a neceffity of acting as he has done. I hope the grounds of his proceeding have been fuch as ought to fatisfy his own confcience. I truft, at the fame time, that the world. will do me the juftice to believe, that I have not cenfured him on light grounds, nor from unworthy inducements. I certainly have had firong reafons for what I may have faid, though it is poffible that in fome particulars, I may have been influenced by mifconftruction or misinformation. It is alfo my ardent wifh that I may have been more mistaken than I think I have been, and that he, by his future con duct, may fhew himlelf worthy of all confidence and efteem, and prove an ornament and bleffing to the country. As well becaufe it is poffible that I may have injured Col. Burr, however convinced myself that my opinions and declarations have been well founded, as from my general principles and temper in relation to fimilar affairs--I have refolved, if our interview is conducted in the ufual manner, and it pleafes God to give me the opportunity to referve and throw away my first fire, and I have thoughts even of referving my fecond fire-and thus giving a double opportunity to Col. Burr to paufe and to reflect. It is not, however, my intention to enter into any explanations on the groundApology, from principle I hope, rather than pride, is out of the queftion. To thofe, who, with me, abhorring the practice of duelling may think that I ought on no account to have added to the number of bad examples, I answer that my relative fituation, as well in public as private, enforcing all the confiderations which conflitute what men of the world denominate honor, impofed on me (as I thought) a peculiar neceflity not to decline the call. The ability to be in future ufeful, whether in refifting mifchief or effecting good, in thofe crifes of our pablic affairs, which feem likely to happen, would probably be infeparable from a conformity with public prejudice in this particular. WILL. A. H. In the name of God, Amen, I, ALEXANDER HAMILTON, of the city of New-York, Counfellor at Law, do make this my Laft Will and Teftament, as follows: Firft. I appont John B. Church, Nicholas Fish, and Nathaniel Pendleton, of the city aforelaid, Efquites, to be Executors and Trustees of this my will, and I devise to them, their heirs and affigns as joint tenants and not as tenants in common, all my eftate real and perfonal whatfoever. and wherefoever, upon truft at their dif cretion, to fell and difpofe of the fame, at fuch time and times, in fuch manner, and upon fuch terms as they the furvivors and furvivor fhall think fit, and out of the proceeds to pay all the debts which I fhal: owe at the time of my deceafe; in whole, if the fund be fufficient, proportionably, if it fhall be infufficient, and the refidue, if any there fhall be, to pay and deliver to my excellent and dear wife Elizabeth Hamilton. Though if it should please God to spare my life, I may look for a confiderable furplus out of my prefent property: yet if he fhould fpeedily call me to the eternal world, a forced fale, as is ufual, may posfibly render it infufficient to fatisfy my debt. I pray God that fomething may remain for the maintenance and education of my dear wife and children. But fhould it on the contrary happen, that there is not enough for the payment of my debts, entreat my dear children, if they, or any of them fhould ever be able, to make up the deficiency. I without hesitation commit to their delicacy a wifh which is dictated by my own. Though conscious that I have too far facrificed the interefts of my family to public avocations, and on this account have the lefs claim to burthen my children, yet I truft in their magna. nimity to appreciate as they ought, this my request. In fo unfavorable an event of things, the fupport of their dear mother, with the most refpectful and tender attention, is a duty, all the facredness of which they will feel. Probably her own patrimonial refources will preserve her from indigence. But in all fituations they are charged to bear in mind that she has been to them the most devoted and beft of mothers. In teftimony whereof I have hereunto fubfcribed my hand, the ninth day of July, in the year of our Lord one thoufand eight hundred and four. ALEXANDER HAMILTON. Signed, fealed, published and declared as and for his laft will and tefta. DOMINICK F. BLAKE. New-York, Surrogate's Office, ss. I do hereby certify the preceding to be a true copy of the original will of Alexander Hamilton, decealed, now on file in my office. SYLVANUS MILLER, Surrogate, FROM THE EVENING POST. THE fatement containing the facts that led to the interview between General Hamilton and Col. Burr, published in the Evening Post on Monday, ftudiously avoided mentioning any particulars of what pait at the place of meeting. This was dictated by fuitable confiderations at the time, and with the intention, that whatever it might be deemed proper to lay before the public, fhould be made the fubject of a future communication. The following is therefore now fubmitted. In the interviews that have fince taken place between the gentlemen that were prefent, they have not been able to agree in two important facts that paffed therefor which reafon nothing was faid on those fubjects in the paper lately published as to other particulars in which they were agreed. Mr. P. expreffed a confident opinion that General Hamilton did not fire firftand that he did not fire at all at Col. Burr. Mr. V. N. feemed equally confident in the opinion that Gen. H. did fire firft-and of course that it must have been at his an. tagonist. General Hamilton's friend thinks it to be a facred duty he owes to the memory of that exalted man, to his country, and his friends, to publifh to the world fuch facts and circumstances as have produced a decifive conviction in his own mind, that he cannot have been mistaken in the belief he has formed on thefe points ift. Befides the teftimonies of Bishop Moore, and the paper containing an exprefs declaration, under General Hamilton's own hand, enclofed to his friend in a packet, not to be delived but in the event of his death, and which have already been publifhed, General Hamilton informed Mr. P. at leaft ten days previous to the affair, that he had doubts whether he would not receive and not return Mr. Burr's firft fire. Mr. P. remonftrated against this determination, and urged many confiderations against it, as dangerous to himself and not neceffary in the particular cafe, when every ground of accommodation, not humiliating, had been propofed and rejected. He faid he would not decide lightly, but take time to deliberate fully. It was incidentally mentioned again at their occafional fubfequent converfations, and on the evening preceding 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 fubject, and repeated his former arguments. His final answer was in terms that made an impreffion on Mr. P's mind which can never be effaced. My friend, it is the effect of a RELIG IOUS SCRUPLE, and does not admit of real. oning, it is ufelefs to fay more on the fubject, as my purpose is definitely fix. ed." 2d. His laft words before he was woun ded afford a proof that this purpose had not changed. When he received his piftol, after having taken his pofition, he was afked if he would have his hair fpring fet? -His anfwer was, "Not this time?" 3d. After he was wounded, and laid in the boat, the first words he uttered after re. covering the power of fpeech, were, (addrefling himself to a gentleman prefent, 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 loofe over the other apparatus in the cale which was open; after having been fome time in the buat, one of the boatmen took hold of it to it into the cafe.-General Hamilton put obferving this, faid Take care of that piftol-it is cocked.-It may go off and do mifchief." This is alto remembered by the gentleman alluded to. This fhews that he was not fenfible 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 piftol could not go off; but if afterwards it must have been the effect of an involuntary exertion of the mufcles produced by a mortal wound, in which cafe, he could not have been con[cious of his having fired. 6. Mr. P. having fo ftrong a conviction that if General Hamilton had fired first, it could not have efcaped his attention (all his anxiety being alive for the effect of the first fire, and having no reafon to believe the friend of Col. Burr was not fincere in the contrary opinion) he determined to go to the fpot where the affair took place, to fee if he could not discover fome traces of the course of the ball from Gen. Hamilton's piftol. He took a friend with him the day af ter General Hamilton died, and after fome examination they fortunately found what they were in fearch of. They afcertained that the ball paffed 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 flood, and about four feet wide of the direct line between him and Col. Burr, on the right fide; he having fallen on the left. The part of the limb through which John Batters, the mulatto fellow who perpetrated the rape ard murder at Canton, lately, was taken on Friday laft, at Attleboro', and is now confined in Dedham goal. We understand he confefles-that after having gratified his brutal luft, he ftruck her a blow, with an intention to kill her, and fùppofing he had, went a way; on returning to afcertain the fact, he found her endeavoring to rife; he then repeated his blows, and threw her into the pond, and again went away-again be returned to the fpot, and obferving her pad. dling in the water, feized a rail, and with it beat her head almoft to pieces! His tri al will probably come on, at the next feffion of the Supreme Court, in Norfolk County, which we believe will be next month. [Bolton Centinel ] Information is received by an arrival at the Lazaretto, Philadelphia, in 12 days from St. Thomas, of the defeat of the Haytian army near St. Domingo, by the French and Spaniards, with the lofs of 2000 men, An arrival at Newburyport, in 35 days from Liverpool, brings London dates to the 5th June. Bonaparte was proclaimed on the 20th of May, Emperor of the Gauls. Titles are to be revived in all their pompthe French princes and princeffes are to be addreffed by the title of their Imperial Highneffes-the great officers of the Empire by that of Serene Highnefs-and they, as well as the princes, are to be ftyl. ed Monfeigneur. To this colation of titles, there are two remarkable exceptions -"Lucien and Jerome, brothers of Bonaparte," fays the London Sun of the ft, "do not share in the elevation of their family; they remain fimple citizens, and are excluded from the fucceffion of the Empire. To ingratiate himieli with the public, the Emperor, it is faid, intends to [The editor begs leave to apologize to the gentlemen of the Bar, for the omission of the following proceedings, last week.] At a general meeting of the gentlemen of the Bar, attending at a Circuit Court, held in the town of Claverack, in and for the county of Columbia, on Saturday, the 14th day of July, 1804, at which were prefent the Attorney-General and others from different counties of this ftate. FÉTER VAN SCHAICK, Esq Chairman. W. W. VAN NESS, Esq. Secretary. IT having been announced to the meeting that General HAMILTON departed this life on Thursday laft, Refolved unanimoufly-That feeling deeply afflicted with the melancholy event, which has deprived the profeffion, to which we belong, of one of its brighteft ornaments, our country of one of its beft citizens and braveft defenders, and the world of a patriot and a friend as a small expreffion of the veneration in which we held him, for his moral and intellectual character, that each member of the Bar wear, upon his left arm, a black crape for the space of one month. PETER VAN SCHAICK, Chairman. W. W. VAN NESS, Secretary. Brigade Orders. COUNTY OF COLUMBIA, HAVING heard of the ever to be lamented death of Major-General HAMILTON, the foldier and the chriftian, and being fenfible of the irreparable lofs of one of the most able and vigilant friends and guardians of his country, and in teftimony of the refpe&t due to his memory, his enlightened zeal, found judgment, and determined mind, Brigadier General Livingfton requests the Officers of his Brigade, to wear crape on their left arm, for fixty days, to afford the moft unequivocal testimony of their high fenfe of the great lofs this country has fuftained, by the death of this great and good man. By Order, THO: FROTHINGHAM, Brigade Major. ERRATUM. In the "Sick-Lift," publifhed in our laft, for" diftracion" read obftruction. FROM THE AMERICAN CITIZEN. THE GRAVE OF HAMILTON. SOFT beam thy rays, fair daughter of the skies, A chilly horror rushes thro' my frame, To nature's laws: Oh! rather join and pay To honor-tyrant of the feeling heart. Oh hapless mother! widow'd wife! what words Can paint thine anguish? Scarce the streaming tears Which deep maternal sorrow taught to flow, Were dry'd from thy pale cheek, when this rude blow Struck at the beam of peace that still remain'd, For him, who lies, this sacred dust beneath, But why recount his deeds in war or peace? His name, long since, was heard. Who did not know In worth and valor few were found his equalsIn genius none? Then, be his well-earned fame Confided to a grateful people's care. AGENTS FOR THE BALANCE. The following gentlemen are authorised to receive subscriptions and payments for the Balance: State of New-York-City of New-York, W Coleman, editor of the Evening Post. Poughkeep sie, N. Power, Printer. Kinderhook, D. Ludlow, Post-Master. Albany, Daniel and Samuel Whi ting. Kingston, Mr J. C. Elmendorf. Owego Village, E. Dana, P. M. Union, Charles Stone Bath, D. Cameron Post-Master, and Samuel S. Haight. Walton, Elias Butler. Batavia, Sandford Hunt, Post-Master. Rhinebeck, A. Potter PM. Whitestown, R. Leavenworth. Johnstown N. Brewster, P M Canandaigua, Norton & Richards. Schenectady, J. Shurtleff, P. M Geneva, Mr Samuel Colt, or the P. M. Troy, T. Collier, Printer. Herkimer, C. Woodruff, P. M Lan singburgh, Mr. Tracy, Printer Marcellus, Ebenezer Rice. Utica, the P. M. Minden, J. Her. kimer, P. M. Catskill, M Croswell, Printer. Coop. erstown, Mr Griffen, P M. Salem, Mr. Dodd, Printer Clinton, J Simonds, Post Master. Pompey, Daniel Wood, post-master. Shawungunk, C Louw, post-master. Cazenovia, J. & E. S. Jackson, and the post-master. Aurelius, S. Crossett post master. Cayuga, James Beamiss. Stillwater Levi Rumsey. Hamilton, E. Paine, post-master Ocquagah, George Harper, post-master. Sullivan. E Caulking, post-master. Walkill, the post-mas Massachusetts. -Boston, Mr. Hastings, P. M Plymouth, William Goodwin. Nantucket, W Coffin, P. M. Worcester, I. Thomas, jun. Prin ter. Salem, T. C. Cushing, J. Dabney. Leicester the P. M. Williamstown, H. F. Penfield, Wil liams' College. Stockbridge, H. Jones, P. M. Lanesborough, M. Welles, P. M. Pittsfield, Ashbel Strong. Greenfield, Mr. Denio, Printer Northampton, S. Butler, P. M. Randolph, W P. Whiting, P. M. Great-Barrington, M. Hop kins, P. M. Augusta, Peter Edes, Printer New Jersey. Trenton, Sherman and Mershon Printers New-Hampshire-Hanover, the P. M. Salis bury, Thomas Thompson. Keene, John G. Bond P M Walpole, G. Huntington, P. M Vermont. -Burlington, George Robison. St Albans, G. W Keyes, Middlebury, Huntington and Fitch, Printers. Shaftsbury, Ebenezer Nile post-master. Royalton, Jacob Smith. Richmond Heman Spafford Providence, RI Mr Wheeler, Printer PUBLISHED BY HARRY CROSWELL, WHERE PRINTING IN GENERAL IS EXECUTED X COLUMBIAN AND REP "HAIL SACRED POLITY, BY FREEDOM REAR'D! Editor's Closet. BEATTIE. HUDSON, (NEW-YORK) TUESDAY, AUGUST 7, 180 AMBROSE SPENCER, ESQ. My the character of Mr. Spencer-if he had Y clofet has been fo much occupied with other matter for a week or two paft, that I have not been able, before There are two things which wouid innow, to pay any attention to an article duce a belief that the paragraph in quefwhich appeared in the Bee of the 17th tion was written by Mr. Spencer himself ult. headed with "Ambrofe Spencer, Efq." -Firft, it is extremely malignant and bit-With regard to that gentleman, I in-ter-fecond, a ftrain of eulogy on his own tended to maintain an armed neutrality. character and conduct, runs through the With my weapons always ready for defen- whole of it. Notwithstanding thefe fuffive war, I fincerely wished for peace. It picious circumftances, however, I do not is extremely irk fome to me to be compel- believe he wrote it. In this paragraph we led to recommence hoft l'ties against a are told of "the unfullied purity of his judge of our fupreme court. I could evreputation." He is compared to "pure er wifh to treat with refpect, and even with gold, feven times tried," &c. Now, I reverence, the men who are elevated to I fhould like be informed when and how that dignified flation. It is a leading ar- this "purity" was manifefted. Was it in ticle of my political creed, that the dignity the proof of fix out of feven of the charof the judiciary ought to be maintainedges that were made against him? Was it above all, I contend, that our judges ought in his conduct with refpe&t to the bills of fo to refpect themfelves, as to command indictment, as proved on the trial? Oh, respect from others.-I did, indeed, be. no, it will be answered; but it was not lieve, from circumftances not at prefent neceffary to be mentioned, that Judge Spencer alfo wifhed to "bury the hatchet," and live in peace. What, then, was my furprize on obferving the abovementioned article in the Bee. If the writer of this article had contented himfell with merely attempting to give a temporary luftre to ty was gentlem and reti politics Mr. Sp he fhall is relin I ber to one commo en-time Spence ty, in mention brought againit der. I years fi Field w the legi Gilbert little pro coming Mr. Sp lector of Spencer talk of Mr. Fie knew o Mr. Fiel peatedly fleep in flandero be wholl covered As the 1 proved that he had any thing to do with to whom |