Saturday, November 14, 2020

The Binns & Stewart Duel - Montandon, 1805

This sketch of the Burr/Hamilton Duel shows the procedure, with the "Seconds"  standing by.
The 1805 Duel between Binns & Stewart also followed the Duello Code, and included Seconds.

According to the Miltonian, on November 14 1805, "Last duel fought on Pennsylvania soil took place below Milton between John Binns and Samuel Stewart" 

The Miltonian however, published that fact in 1923 - not able to predict that Mahonoy City would host a duel in 1931 between Montenegrin mine workers, so the Montandon ceremony was not actually to be  the last on Pennsylvania soil after all.  In 1923 however, it had been more than 100 years since the last recorded duel in Pennsylvania, and that duel occurred in "the marsh where Montandon now stands", between a newspaper editor, and a sheriff.  It's thought to be the only duel ever held on the West Branch.  (It's also possible the Miltonian has the date wrong - the duel may have been December 14th, not November)

THE DUEL

In 1805, John Binns, who had come to America after being imprisoned for his involvement in the Irish revolution, was the editor of the Northumberland newspaper.  He published an anonymous letter, which Samuel Stewart of Lycoming County too offense to.  When Binns refused to divulge the source of the letter to Stewart, Stewart assaulted him.  Binns, an irishman,  then formally challenged Stewart, a scotsman,  to a duel.  The men conducted themselves as gentlemen, adhering to the 1755 Irish Duello Code - the 26 commandments to be followed when having a duel.

The arrangements were  carried out in a series of letters, and were delayed by a trip Stewart needed to take.  When Stewart returned to the area, Dr Priestly surmised the men's plans, and had a warrant sent for his friends arrest.  Binns avoided the constable, and to avoid the law,  the duel was moved from Sunbury to "near Derrstown", occurring in the marsh land that is today Montandon.  The Irish Duello code was followed, and Binns had an honorable secondary, Major Maclay,  who did his best to avoid the conflict.  

Stewarts secondary however, a  man by the name of Kennedy, from Derrstown [Lewisburg] was not interested in any resolution other than death.  Maclay, the son of the honorable Samuel Maclay who dined with George Washington, prevailed, and managed to broker a peaceful agreement after the first shots had been fired.

  All of the men then went to Lawshee's tavern for breakfast, and Stewart and Binns formed a friendship that would last throughout the rest of their lives and careers.  This, from all accounts, appears to have been a trend with Stewart. He was a big, strong, hot headed man who got into many, many fights - but often ended up friends with those whom he had had the dispute.  

The code of conduct for a duel was detailed, and specific.  When John Binn recounts the duel in his autobiography, it is clear that the irishmen involved were well acquainted with the Irish Duello Code, and they followed it well.  His detailed account is a fascinating read, and I have included it below.

 

The Code Of Honor—A Duel In The Bois De Boulogne, Near Paris, wood-engraving after Godefroy Durand, Harper's Weekly (January 1875) 

What Was A Duel?

" A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules."

Duels were not a slapdash sudden brawl, but rather a formal affair, with many rules governing the conduct. The duel was based on a code of honor. Duels were fought not so much to kill the opponent as to gain "satisfaction", that is, to restore one's honor by demonstrating a willingness to risk one's life for it.  Duels could only be fought by "equals", and as such, a gentleman would never challenge a servant to a duel.  Duels were almost always fought over words, and therefor were  most commonly fought  among politicians, lawyers and newspaper editors.  

  If a mans character, or even more egregiously, the character of a lady in the gentleman's care,  was insulted, or he could demand an apology.  If an apology was not given, the matter could be settled by a duel.

"In a typical duel, each party acted through a second. The seconds' duty, above all, was to try to reconcile the parties without violence. An offended party sent a challenge through his second. If the recipient apologized, the matter usually ended. If he elected to fight, the recipient chose the weapons and the time and place of the encounter. Up until combat began, apologies could be given and the duel stopped. After combat began, it could be stopped at any point after honor had been satisfied."

 Duels were a common medieval practice, and it was not until 1777 than a formal code was drawn up for how they were to proceed.  In 1777 a group of Irishmen wrote a formal Irish Duello Code, with 26 Commandments to follow for all duels.  The code was adopted throughout Europe and America.

The code (listed in their entirety further down in this post)  included  rules such as: "Challenges are never to be delivered at night, unless the party to be challenged intends leaving the place of offence before morning; for it is desirable to avoid all hotheaded proceedings. "  & "Any wound sufficient to agitate the nerves and necessarily make the hand shake must end the business for that day. "

The Binns & Stewart duel, as recounted by Binn's in his autobiography, appears to have been a completely typical duel by two men familiar with, and adhering to, the code.

"Most duelists chose guns as their weapons. The large caliber, smoothbore flintlock pistols Hamilton and Burr used in their encounter typified the American dueling weapons. Many American men owned a pair of such pistols, and, from about 1750 to 1850, many were called to use them."  This would be the type of box Dr Priestly saw Binns obtain. 

The chance of dying in a pistol duel was relatively slim. Flintlocks often misfired. And even in the hands of an experienced shooter, accuracy was difficult. Generally, pistols had to be discharged within three seconds; to take aim for a longer time period was considered dishonorable. " PBS

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Binns & Stewart

John Binns (1772-1860)
In Appleton's Biographies it states that John Binn  was born in Dublin, where "received a good education, but becoming involved in the revolutionary movement in Ireland, was arrested and two years imprisoned"

In fact, Binns was arrested several times, spending time in the Tower of London, and other jails, before spending two years in Glochester.  In his last imprisonment, he had access to books, a social room, his own garden space, and he kept both a cat and a toad as a pet.  

In 1801, when Binns, along with all of the other political prisoners at the time, was released, he came to America, and soon he was in Northumberland PA, where he founded a newspaper, The Republican Argus.

Later he would become famous for his engraving of the Declaration of Independence.  His good friend Joseph Priestly encourage him to write his autobiography, in which Binns recounts the Duel he took part in in Northumberland County in 1805.

John Binns,  is most famous for this engraving of the Declaration of Independence

Samuel Stewart (1770-1884)
According to Linn's annals of the Buffalo Valley, "Sam Stewart, as he was called, was sheriff and treasurer of Lycoming county, and the Federal candidate for Senator, in 1808"

Meginness tells us a bit more, in his history of Lycoming County.
Samuel Stewart, born December 4, 1770, died April 6, 1844. He married Jane West Stevenson about 1809, and she died August 19, 1849.

 He was in some respects the most remarkable man of his time. At the age of twenty-three he was appointed a deputy surveyor and served for two or three years. When Lycoming county was formed he was elected the first sheriff, October 16, 1795, and served three years. ....  In 1805 he was appointed treasurer, and in 1808 he ran for the State Senate on the Federal ticket, but was defeated by Gen. John Burrows. During 1812-13 he was brigade inspector of the Militia with the rank of major, and in 1814 he was elected a member of the Lower House of the legislature. He filled, meantime, a number of minor civil offices.

 Stewart was a giant in stature. He stood six feet four inches in height and was proportionately framed. His strength and endurance were great. He had a remarkable head and heavy eyebrows and presented a unique as well as commanding appearance. In speech he, was plain, blunt, and often rough, but possessed a warm, sympathetic heart, was devoted to his friends, and noted for his hospitality. - The History of Lycoming County By Meginness


The Dispute
In 1805, the Republican Argus published an article signed "One Of The People".  Stewart took offense, feeling the article referred to him. On Saturday November 2 1805,  in the town of Sunbury, "Stewart attacked Binns in public".  As Binn's recounts in his autobiography:

On Saturday, November 2, 1805, while I was in the  public ball-alley, in Sunbury, with a yellow pine bat in  my right hand, tossing a ball against the wall, waiting for  Major Charles Maclay to play a game, a very tall, stout  stranger came to me and said: "My name is Sam. Stewart,  of Lycoming County ; your name, I understand, is John  Binns, and that you are the editor of the ' Republican Argus.'"

 I answered : " You have been correctly informed." "I wish," said he, "to know who is the author of 
the letters published in that paper, signed ' One of the People.'" "For what purpose?" said I. "Because," 
said he, " there are some remarks in one of them which.  reflect upon my character, and I must know the author." 

With this demand I declined to comply, but said: "If  there be anything in them untrue, it shall be corrected."  

Stewart, who was standing at my left side, instantly threw his left arm across ray breast, and with it held both my  arms tight above the elbows, and at the same time threw  his right arm across the back of my head, violently pushing the end of his forefinger into the corner of my right eye, evidently with intent to tear it out of my head. Upon  the instant I struck him, with all the strength I could command, over the shin with the edge of the heavy yellow pine bat, which I fortunately had in my right hand. 
This severe blow made Stewart instantly snatch his finger from my eye, and seizing me around the waist with both arms, lifted me from the ground and endeavored to throw me down. This he did not accomplish ; we struggled for some time, and were separated by Major Maclay and  others who came into the alley. In his effort to gouge my eye out, he tore up the skin of my upper eyelid, and left a scar which will accompany me to my grave. 

This attack and struggle took place in the ball-alley of Henry Schaffer, into whose hotel I went and wrote a note,  which was forthwith, by Major Maclay, handed to Mr. Stewart : — 

SUNBURY, November 2, 1805. 
After threatening me like a bravo, you have attacked me like a ruffian. Some satisfaction ought to be rendered for such conduct. If you have the spirit and the courage to meet me as a gentleman, and will appoint  time and place and meet me with pistols, accompanied by a friend, what has passed shall be overlooked by JOHN BINNS.   Samuel Stewart, Esq.

To this note Mr. Stewart returned a verbal answer, by Major Maclay, that he was going to the city, but would be back in two  or three weeks, when he would acquaint Mr.  Binns of his arrival, and give him time to send to Buffalo for Major Maclay, who, he presumed, would attend Mr. Binns as his friend on the occasion.  (Charles Maclay was about twenty-eight years of age,  and of much promise. He died soon after the settlement  of this affair. He was a son of the Hon. Samuel Maclay at that time one of the United States senators from Pennsylvania.)

On [unreadable] date I received a note, of which the following is a copy, from Mr. Andrew Kennedy, the  printer of the "Northumberland Gazette," who informed me 'Mr. Stewart was at his house, and requested that any answer I thought proper to send should be sent there. 

NORTHUMBERLAND, December 13, 1805. 
When I received your challenge, I was at that time on my way to the city, and had it not in my power to meet you, but now lam here, ready to see you. You will, therefore, mention the time and place, and you 
will have it in your power to try my spirits, that you so much doubted ; it must be immediately ; let me hear from you. 
SAMUEL STEWART. 
John Binns. 

To this note I forthwith returned the following answer : — 

NORTHUMBERLAND, December 13, 1805. 
Yours I have just received. You are aware that my friend Major Maclay is to attend me ; so soon as he arrives, I shall be ready. I shall  send for him immediately, and expect he will lose no time in coming to 
Northumberland, in which case 1 presume every necessary arrangement  can be made between him and your friend this evening, and we can meet to-morrow morning. 
JOHN BINNS. 
Samuel Stewart. 

About fifteen minutes after the delivery of this note, the following was handed to me by one of Mr. Kennedy's boys: — 

I have been a long time from home, and cannot conveniently be detained much longer; should your friend. Major Maclay. be down this evening, I will wait; otherwise, I must return to Lycoming County, where  I have business of importance to attend to ; your answer I expect immediately. 
SAMUEL STEWART. 
John Binns. 

To this note the following reply was sent: — 
Your second note I have received. In answer, it is impossible for me to know whether Mr. Maclay will, or will not, be here this evening. I have sent an express for him. If, however, you think proper to leave 
town rather than wait my friend's arrival, you will, I presume, have no objection to name a place in Lycoming, where Mr. Maclay and myself shall await your arrival. He shall wait on you as soon as he arrives. 
JOHN BINNS. 
Samuel Stewart. 

On the evening of the 15th, a friend informed me that application had been made to a magistrate, and it was probable a warrant would be issued for my arrest to bind me over to keep the peace. [Note - Duels were illegal in Pennsylvania]  Alarmed at this information, 
I sent the following note : — 

Saturday Morning. 
Sir : I have just heard that application has been made to a magistrate to prevent our meeting. I "write to request you will instantly appoint some other place than this neighborhood, say Derrstown, Milton, or any other place more convenient to you, where my friend and myself will attend. 

JOHN BINNS. 
Samuel Stewart. 

Immediately after writing the above note, I wrapped a pair of pistols in my greatcoat-pocket, and walked about half a mile to the house of Mr. Wm. Bonham, where I had directed that my horse, and any answer sent to my note, should be forwarded. "While waiting at Bonhara's, Major Maclay arrived. I made to him a statement of all  that had passed between Mr. Stewart and myself, put him in full possession of my opinions and wishes, and he went to Northumberland to settle time and place. 

While we were talking in a back room, the constable rapped, and inquired if I was in the house. He was told I had gone up the road ; he departed. Soon after, the boy brought me my horse, and the following note : — 

Sir : I have just received your note. You say you cannot determine our dispute here, as application has been made to a magistrate. How any person could have any knowledge of this business appears very 
mysterious to me, as I am confident neither Mr Kennedy nor myself ever mentioned it to any person. You say that Derrstown or Milton must be the place of meeting. Mention yourself either of the two places, and the time, and Mr. Kennedy and myself will be punctual in attending, provided you meet to-day. 

SAML STEWART. 
John Binns. 


THE DUEL
So soon as the constable left Mr. Bonham's, Mr. Maclay went to Northumberland to make the necessary arrangements with Mr. Stewart's friend. On his return, he informed me that the meeting was to be at seven o'clock the next morning, at the end of a fence behind Lawshee's house, opposite Derrstown, where we had agreed  to sleep that night.

 We were on the ground  at seven o'clock, just in the gray of the morning. In a few minutes, we saw Mr. Stewart and Mr. Kennedy coming down the lane. After mutual salutations, Mr. Maclay proposed that we should cross the swamp and retire to a more private place, where the ground was perfectly clear. 

Having arrived on the ground, Mr. Kennedy proposed that the parties should settle the distance, and to this I objected, that being the duty of the seconds, and not of the principals. Messrs. Jaclay and Kennedy then retired, and after some conversation, stepped eight paces, and placed Mr. Stewart and myself at the extreme ends of the line.

Mr Maclay then said : " Gentlemen, you will understand that it is agreed, between Mr. Kennedy and 
myself, that if either of the parties shall leave his ground until the affair is finally settled, such party shall be regarded as disgraced."  The seconds then retired to  load the pistols and complete their arrangements. Mr. Maclay, as he subsequently told me, suggested to Mr. Kennedy the propriety of an effort, on their part, to effect a reconciliation. Mr. Kennedy said: " That is impossible, unless Mr. Binns will apologize for the language he used in his message to Mr. Stewart. For my own part, I think nothing should be attempted until the parties have at least interchanged a shot." The terms proposed by Mr. Maclay, Kennedy said, "were inadmissible."

 The seconds then drew near to their principals, when Mr. Maclay said : " Gentlemen, when the word ' fire' is given, you are to fire as soon as you conveniently can. If either of you shall delay while one of us shall count three, and say stop, that one shall, for that time, lose his fire ; a snap to be considered a fire." 

The seconds then tossed up to determine which of them should give the word. It was won by my friend. The pistols, having been charged, were handed, one to each of the parties. The word being given, the pistols were presented, and discharged so simultaneously that but one report was heard. Neither of the balls took effect. 

The pistols were again handed to the seconds. They retired a few paces, and, while loading the pistols, Mr. Maclay used, as he assured me, every honorable argument to move Mr. Kennedy to present to the parties a proposition which might terminate the affair. This he did without effect ; at length he raised his voice, and said to Kennedy : " You had better consult your principal, and I will do the same." He then came to me, and Mr. Kennedy went to Mr. Stewart. 

Maclay's first words to me were : " Kennedy is a scoundrel. He is determined, if he can, to have you shot." I said : " Very well ; you know the terms we agreed upon, and we will carry them out." Each of the principals then had a loaded pistol handed to him by his friend. After a short pause, Mr. Maclay came nearer to, and rather between the parties, and said :

 " Gentlemen, I think this business has now gone far enough, and may be amicably and honorably adjusted. To effect this, I propose that Mr. Stewart shall apologize for the attack he made upon Mr. 
Binns, and that then Mr. Binns shall declare that the publication, which gave offence to Mr. Stewart, was not made from any wish to wound the feelings, or injuriously affect the character of Mr. Stewart, but because Mr. Binns believed it to be true, and that it was matter proper for public information." 

This proposition was followed by a short silence, when Mr. Stewart said:
 "If God has give me more strength than other men, I do not think I ought to abuse it. I never struck a man in my life that I was not sorry for it." 

This general declaration was, as an apology, declared to be wholly inadmissible. Again there was a short silence, after which Mr. Stewart made the required apology, and I made the declaration which my 
friend had proposed. 

The matter being thus satisfactorily arranged, the parties stepped forward, shook hands, and, at a tavern in the neighborhood, they and their friends breakfasted together. 

It is forty-nine years since that duel was fought ; there has been no duel fought in Pennsylvania since that in 1805. The pistol is no longer acknowledged as a redresser of grievances, or an arbiter of right and wrong. 

Mr. Stewart and myself continued friends to his death,  which was many years after. As evidence of this good  understanding, I may mention that, several years after,  when Mr. Stewart was, by the Federal party, elected to  represent the county of Lycoming in the General Assembly of Pennsylvania, he every year voted for John Binns, then the editor of the "Democratic Press," as a Director of the Pennsylvania Bank. 

The affair being satisfactorily terminated, Major Maclay returned to Buffalo, and I to Northumberland. I soon found that no doubt was entertained there but a duel had been fought, and much anxiety felt as to the result. It  was gratifying to be welcomed, as I was on my return, by my fellow-townsmen, and by none more cordially than by my friends Judge Cooper, Joseph Priestley, Esq., and his family.

 I ascertained that it was Mr. Priestley who had issued the warrant for my arrest ; he had seen me leave his house with a small mahogany case, in which he knew Judge Cooper kept his pistols, and suspected what was about to take place. If I had been arrested, and the duel prevented by that warrant, it would have been said,  and by many believed and asserted, that it was I who had given the information to my friend, Squire Priestley, in order to  prevent the meeting. Such a belief in the public mind  would have branded me as a coward, and sunk me in public  opinion where fathom line could never reach. "

As a Lancaster paper recounted in 1941, 
"Strangely enough, Binns and Stewart ate heartily together and conversed like old cronies.  In fact, later on in their careers Binns supported Stewart for the states general assembly, and Stewart voted for Binns as a directory of the Philadelphia Bank."

More About The Location Of The Duel
In Linn's Annals of the Buffalo Valley, he reprints much of the above text, and adds this note:
This duel was fought beyond the marsh, near what was then called  Allen's.  Andrew Kennedy was the father of the late Andrew Kennedy, of  Lewisburg.  Lawshe's hotel was below the dam, nearly opposite 
Strohecker's, kept by John Lawshe, grandfather of A. M. Lawshe.   Flavel Roan, in his journal, carefully notes the fact, that he always  took a drink there before crossing the ferry to Derrstown. The house was burned down some years ago.  Sam Stewart, as he was called, was sheriff and treasurer of Lycoming county, and the Federal candidate for Senator, in 1808, against General John Burrows, the Democratic candidate.

The Earliest newspaper account of the duel that I could find was this one, published in a Philadelphia newspaper in February of 1806



November, or December?

Note that in Binn's autobiography, he gives the date of the original dispute as November 2, but the letters regarding the duel are dated for December.  As Stewart was scheduled to return in "two or three weeks", and Binns states that the letters are not in his possession, I think it possible Binns is mistaken in his recollections of the date, but I cannot be certain whether the duel truly occurred in November, or December, of 1805.  The Miltonian published their historical notes based on their newspaper records, leading me to believe they reported on it in November of 1805 - but I do not have access to a local 1805 newspaper to check.  All later accounts - Linns, Meginness, newspaper articles, were based on the recounting given in Binns autobiography, and would reflect the December date he gave there.  

 November 13th was a Thursday, and December 14th was a Saturday.  Today I would assume that means it was December, but in 1805, for men who did not work in a factory setting, week-ends would not mean as much as they do today. 

 The Lewisburg Journal reported that the original dispute occurred in a bowling alley.  As Binns clearly mentions his baseball bat, and bowling alleys did not really exist for another 100 years, it's obvious there are some mistakes in some of the accounts, as I am sure there will be in mine as well..  :-)


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Were Duels Common?
According to PBS, "By 1804, dueling had become an American fixture. And for another thirty years or more, its popularity would continue to grow. "

Andrew Jackson Fought More Than A Dozen Duels

"Andrew Jackson, later the seventh President of the United States, fought in more than a dozen duels and received a bullet in his lung from one of them that remained there until his death nineteen years later. What did he duel over? His first opponent was an attorney who made him look foolish in court. It ended with shots fired in the air.  He later chose to duel the first governor of Tennessee, a political rival, when that man accused him of adultery—technically true as Jackson’s wife’s divorce from her first husband wasn’t finalized when she remarried. And what was the cause of the duel that got him a bullet in the lung? An argument about a horse race. Wounded for life or not, Andrew Jackson won that duel. He took the hit in the chest and then killed his opponent."  https://www.librarypoint.org/blogs/post/dueling-days/

The Burr/Hamilton Duel

On July 11, 1804, U.S. Vice President Aaron Burr shot and killed former Secretary of the Treasury Alexander Hamilton (he of the ten-dollar bill) in a duel.  The ensuing scandal marred Burr’s reputation irretrievably, preventing him from rising further politically

The Decatur/Barron Duel

On March 22, 1820, Stephen Decatur fought James Barron at the "infamous dueling grounds in Bladensburg, Maryland".  A misunderstanding lead to Decatur  to call Barron a coward, accusing him of avoiding service in the War of 1812. This tragic duel between two heroic men could have been avoided were it not for the intervention of their friends. "Seconds" in a duel  are supposed to look after the interests of the combatants, and preferably lead them to a gentlemanly agreement without resorting to violence. Both Barron’s and Decatur’s seconds had "knavish reason" for wanting Stephen Decatur dead, and that indeed is what happened.

Franklin & Washington Opposed Duels

Benjamin Franklin and George Washington were among the most prominent Americans to condemn dueling. Franklin called duels a "murderous practice…they decide nothing." And Washington, who undoubtedly needed all the good soldiers he could get, congratulated one of his officers for refusing a challenge, noting that "there are few military decisions that are not offensive to one party or another." 

Creative Duels In France

"In France, dueling had an even stronger hold, but by the 19th century, duels there were seldom fatal, since most involved swordplay, and drawing blood usually sufficed to give honor its due. (Perhaps as a way of relieving ennui, the French weren’t averse to pushing the envelope in matters of form. In 1808, two Frenchmen fought in balloons over Paris; one was shot down and killed with his second. Thirty-five years later, two others tried to settle their differences by skulling each other with billiard balls.)"  - DUEL! 

Duels Were Not Just For Men

Throughout history, women also fought duels.  Not as frequently as the men perhaps, but often more spectacularly.  One historical duel was held over a flower arrangement.  In another, the men were cleared from the room and the women dueled topless.

"It seemed that the Baroness, in her capacity as a doctor was concerned about post-fight infections that could occur if any soiled cloth was pushed into a wound by a rapier. It was for this reason, according to the eyewitness, that she insisted the ladies fought topless." Ten historical female duels 

There are numerous other stories of famous, infamous, and plain old duels, throughout our American history.  They were certainly not uncommon. The smithsonian writes that they were much more common in the south, were honor was of more importance, than in the Northern states, but they occured nearly everywhere.

"Some men -- accurate shots in particular -- practically made careers of the duel. Among these men was Alexander McClung, who once killed an opponent at over 100 feet with a smoothbore pistol. This remarkable shot -- and subsequent killings at shorter distances -- honed McClung's fearful reputation. Yet it was said that he was haunted by the ghosts of his victims, and maybe this was so. The last man McClung killed with a pistol was himself, in 1855." - DUEL! 

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The Irish Duello Code or
THE TWENTY-SIX COMMANDMENTS

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I. The first offence requires the first apology, though the retort may have been more
offensive than the insult. Example: A tells B he is impertinent, etc. B retorts that he lies;
yet A must make the first apology, because he gave the first offence, and (after one fire)
B may explain away the retort by subsequent apology.

II. But if the parties would rather fight on, then, after two shots each (but in no case
before), B may explain first and A apologize afterwards.
N.B. The above rules apply to all cases of offences in retort not of a stronger class than
the example.

III. If a doubt exists who gave the first offence, the decision rests with the seconds. If
they will not decide or cannot agree, the matter must proceed to two shots, or to a hit if
the challenger requires it.

IV. When the lie direct is the first offence, the aggressor must either beg pardon in
express terms, exchange two shots previous to apology, or three shots followed by
explanation, or fire on till a severe hit be received by one party or the other.

V. As a blow is strictly prohibited under any circumstances among gentlemen, no verbal
apology can be received for such an insult. The alternatives, therefore, are: The offender
handing a cane to the injured party to be used on his back, at the same time begging
pardon, firing until one or both are disabled; or exchanging three shots and then begging
pardon without the proffer of the cane.

N.B. If swords are used, the parties engage until one is well blooded, disabled, or
disarmed, or until, after receiving a wound and blood being drawn, the aggressor begs
pardon.

VI. If A gives B the lie and B retorts by a blow (being the two greatest offences), no
reconciliation can take place till after two discharges each or a severe hit, after which B
may beg A's pardon for the blow, and then A may explain simply for the lie, because a
blow is never allowable, and the offence of the lie, therefore, merges in it. (See preceding
rule.)

 N.B. Challenges for undivulged causes may be conciliated on the ground after one shot.
An explanation or the slightest hit should be sufficient in such cases, because no personal
offence transpired. 

VII. But no apology can be received in any case after the parties have actually taken
their ground without exchange of shots.

VIII. In the above case no challenger is obliged to divulge his cause of challenge (if
private) unless required by the challenged so to do before their meeting.

IX. All imputations of cheating at play, races, etc., to be considered equivalent to a
blow, but may be reconciled after one shot, on admitting their falsehood and begging
pardon publicly.

X. Any insult to a lady under a gentleman's care or protection to be considered as by one
degree a greater offence than if given to the gentleman personally, and to be regarded
accordingly.

XI. Offences originating or accruing from the support of ladies' reputations to be
considered as less unjustifiable than any others of the same class, and as admitting of
slighter apologies by the aggressor. This is to be determined by the circumstances of the
case, but always favourably to the lady.

XII. No dumb firing or firing in the air is admissible in any case. The challenger ought
not to have challenged without receiving offence, and the challenged ought, if he gave
offence, to have made an apology before he came on the ground; therefore children's play
must be dishonourable on one side or the other, and is accordingly prohibited.

XIII. Seconds to be of equal rank in society with the principals they attend, inasmuch as
a second may either choose or chance to become a principal and equality is
indispensable.

XIV. Challenges are never to be delivered at night, unless the party to be challenged
intends leaving the place of offence before morning; for it is desirable to avoid all hotheaded proceedings.

XV. The challenged has the right to choose his own weapons unless the challenger gives
his honour he is no swordsman, after which, however, he cannot decline any second
species of weapon proposed by the challenged.

XVI. The challenged chooses his ground, the challenger chooses his distance, the
seconds fix the time and terms of firing.

XVII. The seconds load in presence of each other, unless they give their mutual
honours that they have charged smooth and single, which shall be held sufficient.

XVIII. Firing may be regulated, first, by signal; secondly by word of command; or,
thirdly at pleasure, as may be agreeable to the parties. In the latter case, the parties may
fire at their reasonable leisure, but second presents and rests are strictly prohibited. 

XIX. In all cases a misfire is equivalent to a shot, and a snap or a non-cock is to be
considered a misfire.

XX. Seconds are bound to attempt a reconciliation before the meeting takes place or
after sufficient firing or hits as specified.

XXI. Any wound sufficient to agitate the nerves and necessarily make the hand shake
must end the business for that day.

XXII. If the cause of meeting be of such a nature that no apology or explanation can or
will be received, the challenged takes his ground and calls on the challenger to proceed as
he chooses. In such cases firing at pleasure is the usual practice, but may be varied by
agreement.

XXIII. In slight cases the second hands his principal but one pistol, but in gross cases
two, holding another case ready charged in reserve.

XXIV. When the second disagree and resolve to exchange shots themselves, it must be
at the same time and at right angles with their principals. If with swords, side by side,
with five paces' interval.
XXV. No party can be allowed to bend his knee or cover his side with his left hand, but
may present at any level from the hip to the eye.
XXVI. None can either advance or retreat if the ground is measured. If no ground be
measured, either party may advance at his pleasure, even to the touch of muzzles, but
neither can advance on his adversary after the fire, unless the adversary steps forward on
him.
N.B. The seconds on both sides stand responsible for this last rule being strictly observed,
bad cases having occurred from neglecting it.
N.B. All matters and doubts not herein mentioned will be explained and cleared up by
application to the Committee, who meet alternately at Clonmel and Galway at the quarter
sessions for that purpose.

CROW RYAN, President.
JAMES KEOGH. AMBY BODKIN, Secretaries. --from The Duel: A History of Duelling,
Robert Baldick, Chapman and Hall Ltd., London, 1965; Hamlyn Publishing Group Ltd.,
London, 1970.
Irish Code Duello, or The Twenty-six Commandments. 1777.
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MORE ABOUT THE
 BINNS/STEWART DUEL
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"The duelists and their seconds arrived on the banks of the Susquehanna opposite Derrstown [Lewisburg] on November 14 1805, at 7am. The seconds tossed a coin to determine who should give the word, the pistols were presented, and the distance was walked off.

"On Sunday, December 16, 1805, be fought a duel with pistols with the celebrated John Binns. The affair grew out of some comments by Binns in his newspaper on Stewart’s public acts: The latter was greatly offended, and meeting Binns in a ball alley at Sunbury assaulted him. Binns challenged him to fight a duel according to the code. Stewart accepted, seconds were chosen, and they met in the marsh near where Montandon now stands and exchanged shots. Neither was hurt. Before proceeding to a second fire the seconds Made a proposition for compromise, which was accepted, when they shook hands and parted friends. Binns in his autobiography (page 186) gives a full and impartial account of this affair, and states that he and Stewart afterwards became warm friends. This duel was the only one ever fought in the West Branch valley according to the code, and caused a great sensation at the time. It led to the passage of the act of March 31, 1806, forbidding dueling under severe penalties in the State."  - The History Of Lycoming County By Meginness

The Selinsgrove Times, in a 1950 "Looking Back" segment,  reported:
At this point, one of the seconds said:  "Gentlemen, this business has gone far enough and may be amicably and honorably adjusted.  To effect, that purpose Mr. Stewart shall apologize to Mr Binns for the attack on him, and Mr Binns shall declare that the publication which gave offense to Mr Stewart was not made from any wish to wound feelings or injuriously affect the character of Mr Stewart, but because Mr Binns believed it to be true and that it was a matter proper for public publication."

Everyone agreed to the terms, shook hands, and then went to Derrstown [Lewisburg] and enjoyed a hearty breakfast in Lawshee's Tavern."

Binns was encouraged by Joseph Priestly to "write his life", and he did so in an autobiography he titled "Recollections of the Life of John Binns: Twenty-Nine Years in Europe and Fifty-Three in the United States, Written by Himself; With Anecdotes, Political, Historical, and Miscellaneous"

Stewart, a large, strong, man, would go on to be in many fights, recorded in the histories of Lycoming County.  His last however, would be when he met his match in Jacob Antes.  The two nearly fought to the death, and although they went on to become friends, Stewart sustained injuries that would plague him for the rest of his life.  (read more of that quarrel below)

=======================

An updated, Americanized, Code was published in 1838.

"Originally this was published by the author (1784-1849), a former governor of South Carolina, as a 22-page booklet, in 1838. Before his death he added an appendix of the 1777 Irish duelling code, but this second edition was not printed until 1858, as a 46-page small book, still sized to fit in the case with one's duelling pistols. This code is far less blood-thirsty than many might suppose, but built on a closed social caste and standards of behavior quite alien to today."

Read the 1838 booklet online here: http://www.gutenberg.org/files/6085/6085-h/6085-h.htm

===================

Dueling had been forbidden in Pennsylvania since 1794, under penalty of fine and imprisonment, and loss of citizenship for seven years. An unconverted public sentiment, however, still approved of this long lost code of honor.

================

SAMUEL STEWART

Samuel Stewart, born December 4, 1770, died April 6, 1844. He married Jane West Stevenson about 1809, and she died August 19, 1849. He was in some respects the most remarkable man of his time. At the age of twenty-three he was appointed a deputy surveyor and served for two or three years. When Lycoming county was formed he was elected the first sheriff, October 16, 1795, and served three years. During the closing year of his term (1798) he sold the lands of the celebrated Robert Morris in this county for debt on executions issued in Philadelphia. Over 100,000 acres were thus disposed of. Some of these lands lay on the Clarion river and some in Muncy township. In 1805 he was appointed treasurer, and in 1808 he ran for the State Senate on the Federal ticket, but was defeated by Gen. John Burrows. During 1812-13 he was brigade inspector of the Militia with the rank of major, and in 1814 he was elected a member of the Lower House of the legislature. He filled, meantime, a number of minor civil offices. Stewart was a giant in stature. He stood six feet four inches in height and was proportionately framed. His strength and endurance were great. He had a remarkable head and heavy eyebrows and presented a unique as well as commanding appearance. In speech he, was plain, blunt, and often rough, but possessed a warm, sympathetic heart, was devoted to his friends, and noted for his hospitality. - The History of Lycoming County By Meginness

Samuel Stewart was born December 4, 1770. When Lycoming county was formed, he was elected the first sheriff, October 16, 1795, and served three years.

He was subsequently a member of the State legislature, and again sheriff of the County for three terms; He married Jane West Stevenson about 1809, and she died August 19, 1849. 

At the age of twenty-three he was appointed a deputy surveyor and served for two or three years. In 1805 he was appointed treasurer, and in 1808 he ran for the State Senate on the Federal ticket, but was defeated by Gen. John Burrows. 

During 1812-13 he was brigade inspector of the Militia with the rank of major, and in 1814 he was elected a member of the Lower House of the legislature. 

Stewart was six feet four inches in height and was proportionately framed. His strength and endurance were great. He had a remarkable head and heavy eyebrows and presented a unique as well as commanding appearance. In speech he, was plain, blunt, and often rough, but possessed a warm, sympathetic heart, was devoted to his friends, and noted for his hospitality. 

On Sunday, December 16, 1805, be fought a duel with pistols with the celebrated John Binns. The affair grew out of some comments by Binns in his newspaper on Stewart’s public acts: The latter was greatly offended, and meeting Binns in a ball alley at Sunbury assaulted him. Binns challenged him to fight a duel according to the code. Stewart accepted, seconds were chosen, and they met in the marsh near where Montandon now stands and exchanged shots. Neither was hurt. 

Before proceeding to a second fire the seconds a proposition for compromise was made and accepted. They shook hands and parted friends. Binns in his autobiography (page 186) gives a full and impartial account of this affair, and states that he and Stewart afterwards became warm friends. 

This duel was the only one ever fought in the West Branch valley according to the code. It led to the passage of the act of March 31, 1806, forbidding dueling under severe penalties in the State. 

Samuel Stewart was often inclined, on account of his great physical strength, to be of an imperious nature and thought that he was born to rule. 


The Stewart/Antes Quarrels

Nearly opposite the mouth of Pine creek, on a plateau of the mountain, lived two brothers, William and Jacob Antes (nephews of Col. John Henry Antes). Jacob was over six feet in height, and a man of great strength, but one of the most peaceable men in that part of the country. Stewart and Antes were both what we would call stalwarts. 

The former was of Irish extraction, the latter of German. 

In those early days personal quarrels and fights were not uncommon. It was a custom of the times for the men especially on Saturdays to come in from the surrounding country to the village to hear the news, compare notes about farming operations and other matters of interest. 

Many, during their stay, indulged in drinking carousals which often ended in one or more fights. 

Stewart had been engaged in several fights and had always been the victor, and he thought he had no peer in that part of the country. Indeed, he came to think that he was invincible. 

Stewart had an antipathy to the Anteses, calling them derogatory names, and frequently boasting what he would do with them if an opportunity arose. 

They knew of his threats, but did not fear him. On one occasion Stewart took a grist of grain to the mill, but the Anteses would not receive it. 

On a certain occasion he met Jacob Antes at a tavern in Jersey Shore kept by Leonard Pfoutz, and he concluded that he would try the mettle of Antes, and he commenced heckling and insulting him. He continued until Antes became angry and determined that he would stand it any longer, and then the fight commenced. 

The battle raged and the struggle was terrific and fearful between the two giants. Antes finally obtained the mastery and was declared the victor. The last blow he delivered missed Stewart and was received by a door which was slivered in pieces. It was believed that if Stewart had received the blow it would have caused his death, as it was delivered with such terrific force. 

It is said that Stewart received injuries in this contest from which he never fully recovered. This was his last battle, he never fought after that, and became friendly to the Antes families. 

 Samuel Stewart died on April 6, 1844. He left an estate of 800 acres (which bordered the river for two miles) that was divided among his children 

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More About the Stewart Family in Lycoming County
=================
From The History Of Lycoming County By Meginness


When Samuel Stewart died he left a landed estate of 800 acres, which bordered on the river for two miles, and embraced some of the finest farms in the bottom. It was divided among his children, as follows: Ann E.; Jane W.; John A.; Mary P.; Samuel C.; Charles H.; George W., and James S. All are deceased but James, and he is the last representative of the first sheriff of Lycoming county. He is a bachelor and lives on his share of the estate.

Many incidents in the life of Samuel Stewart are preserved which illustrate the character of the man. Although he possessed many noble qualities, he was often inclined, on account of his great physical strength, to be of an imperious nature and thought that he was born to rule. Nearly opposite the mouth of Pine creek, on a plateau or bench of the mountain, lived two brothers, William and Jacob Antes. Jacob was over six feet in height, well proportioned, and a man of great strength, but one of the most peaceable men in all that part of the country. They were nephews of Col. John Henry Antes. Stewart and Antes were both what we would call stalwarts. The former was of Irish extraction, the latter of German.

In those early days personal quarrels and fights were not uncommon. It was a custom of the times for the men especially on Saturdays to come in from the surrounding country to the village to hear the news, compare notes in reference to farming operations and other matters of interest. Many, during their stay, indulged in drinking carousals which often ended in one or more fights. Stewart had been engaged in several fights and had always been the victor, and he thought he had no peer in that part of the country. Indeed, he came to think that he was invincible.

Stewart bad an antipathy to the Anteses, called them "low Dutchmen," and frequently boasted what he would do with them if an opportunity offered. They knew of his threats, but did not fear him. On one occasion Stewart took a grist of grain to the mill, but the Anteses would not receive it, telling him to send one of his "niggers," and they would deal with him. And it is said that he was compelled to do as they said, as he must have the grist ground; but the offense was one that he was bound to resent. On a certain occasion he met Jacob Antes at a tavern in Jersey Shore kept by Leonard Pfoutz, and he concluded that he would try the mettle of Antes, and he commenced hectering and insulting him. He continued until Antes became angry and determined that he would stand it no longer, and then the fight commenced. The battle raged and the struggle was terrific and fearful between the two giants. Antes finally obtained the mastery and was declared the victor. The last blow he delivered missed Stewart and was received by a door which was shivered in pieces. It was believed that if Stewart had received the blow it would have caused his death, as it was delivered with such terrific force. It is said that Stewart received injuries in this contest from which he never fully recovered. This was his last battle, he being willing ever afterwards to let fighting alone, and he became friendly to the Antes families.

John Stewart, born November 14, 1789, was killed in a duel near Natchez, Mississippi, May 5, 1811. When a young man he entered the United States Army as a lieutenant and became a popular officer. While serving in the South he got into a difficulty with Captain Cheny, who challenged him. He accepted and fell at the first fire.

Alexander Stewart, born April 30, 1773, died May 10, 1850. He was a surveyor and was appointed to survey "the triangle" at trio. When Erie county was erected, March 22, 1800, he was chosen the first sheriff of the county. At the close of his term he returned to Lycoming county and settled on Queneshaque near Linden. He was twice married, to sisters. His first wife, Elizabeth, was a daughter of Hon. William Hepburn. She died, March 29, 1817, in her twenty-ninth year, leaving two sons, Charles and William. The former died at his home in Williamsport on Christmas morning, 1889, in the seventy- third year of his age. The latter survives. His second wife, Matilda Hepburn, born October 3, 1784, died October 80, 1866, without issue.

Charles Stewart, born September 22, 1775, died March 5, 1846. He was twice married. By his first wife, Elizabeth Crane, he had a son and a daughter; George and Eliza. His second wife, Mary McCormick, had four sons and five daughters. One of the daughters, Rosetta, married John F. Cowden, a noted land speculator, and at one time they lived in Williamsport. On her death he married her sister Josephine.

Catharine, born April 27, 1780, died January 5, 1842. She married John Knox and they settled on Larry’s creek. See sketch of Piatt township.

Charles Stewart was born on September 22,1775., a farmer by occupation, served as treasurer of Lycoming county and was a contractor on the Pennsylvania canal. He was twice married. By his first wife, Elizabeth Crane, he had a son and a daughter; George and Eliza. His second wife, Mary McCormick, had four sons and five daughters. Charles Stewart died on March 5, 1846.

John Stewart was born on November 14, 1789. He entered the United States Army as a lieutenant and became a popular officer. While serving in the South he got into a difficulty with Captain Cheny, who challenged him (to a duel). He accepted and fell at the first fire. John Stewart died from the effects of a pistol shot at Natchez, Mississippi.

Alexander Stewart was born April 30, 1773. He was a surveyor. When Erie county was erected, March 22, 1800, he was chosen the first sheriff of the county. At the close of his term he returned to Lycoming County and settled near Linden. He was twice married, to sisters. His first wife, Elizabeth, was a daughter of Hon. William Hepburn. She died, March 29, 1817, in her twenty-ninth year, leaving two sons, Charles and William. Alexander died on May 10, 1850 and his second wife, Matilda Hepburn (born October 3, 1784) died October 30, 1866.

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John Binns (1772 – 1860) 
A Dublin-born American journalist, the son of ironmonger John Binns (who died in a shipwreck aged about 30 in 1774) and his wife Mary Pemberton. John Binns his brother Benjamin moved to London and became involved with the politically radical London Corresponding Society, closely aligned with the Society of United Irishmen. As a result of his activities he was imprisoned several times for treason but was released after a two-year term as part of a general amnesty. In 1801, he emigrated, with his brother Benjamin, to Baltimore. In March 1802, he commenced at Northumberland, Pennsylvania, the Republican Argus, which gave him great influence with the Democratic party. From 1807 to 1829 he conducted, at Philadelphia, The Democratic Press — the leading paper in the state, until 1824, when it opposed the election of Jackson. As editor of the Philadelphia Democratic Press, was one of the most widely known editors in the 1828 campaign because of his printing of the “Coffin Handbill,” which highlighted Jackson’s violent past. The paper met its demise in 1829. He is most famously known for his 1819 engraving of The Declaration of Independence
From an Ebay Listing:

Notice to a subscriber Major John Gardner of York Pennsylvania to "pay his bill"

"Circular to be sent to every one who is indebted"

Late office of The Democratic Press

Philadelphia Dec 4, 1829

Sir - having sold out all interest in the newspaper establishment which I recently conducted and being very anxious to pay what I owe it becomes my indispensable duty to collect whatever is owing me. I wish to do this with all possible promptitude yet with as much respect as justice will admit to the feelings of those who are in my debt. Your account will be found at foot and your immediate remittance as near as may be, of the amount due will be gratefully acknowledged and will do me a kindness. The pressure of others, I fear, will compel me to press those who owe me. Assist me by your attention to avoid this most unpleasant alternative.

I am, sir, respectfully yours

John Binns

Major J Gardner

"I tender To you my best wishes" handwritten sentiment by Binns

"Why the handwritten personal note? Speculation from research indicates Binns was connected with Simon Snyder (d1819) the third governor of Pennsylvania who lived in York County for a time. Gardner was elected to the House of Representatives several times. Both Gardner and Binns adamantly opposed the election of Andrew Jackson. Gardner in York was active in anti Jackson local meetings."



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