“The pistols were not heard by a single person”

Yesterday I left Edward Rand dead on Dorchester Point. The man who had just killed him in a duel, Charles Miller, Jr., could have been arrested for murder, and their seconds were also open to criminal charges.

After a bare-bones report on the duel, the 16 June Columbian Minerva of Dedham reported:

Miller passed thro this town to the southward, on the morning of the same day, in a coach, attended only by his second.

That second was Lewis Warrington (shown here), a nineteen-year-old midshipman in the U.S. Navy. Warrington was the natural son of Donatien-Marie-Joseph de Vimeur, vicomte de Rochambeau, son and aide of the commander of French troops during the war.

Back in Dorchester, other people began to arrive on the scene. According to duel chronicler Lorenzo Sabine:

A gentleman who was at Fort Independence at the moment of the duel, and who, with three or four others, immediately after it jumped into a boat and rowed to the Point, informs me, that when he arrived Rand lay dead upon the beach, alone, with an empty pistol near him; that he was gayly dressed; and that he saw Mr. [Ebenezer] Withington of Dorchester (who, as coroner, came with a jury) take Miller’s acceptance of his challenge from his pocket.

This gentleman remarks, that a fishing-vessel was at anchor off the Point, and that some three or four hundred workmen, officers, and soldiers were at the Fort, but that, as far as he was ever able to ascertain, the reports of the pistols were not heard by a single person among them all.

Which should lead us to wonder why a handful of men had jumped into a rowboat immediately after Rand fell dead. I suspect no one wanted to testify to the authorities.

Massachusetts law allowed for those authorities to confiscate Rand’s body and turn it over to a surgeon for dissection. Instead, this profile of Charles P. Phelps, Rand’s business partner, cites his 1857 manuscript autobiography to state that he “was called upon to retrieve his partner’s body and helped to bury him in the Granary burying Ground late that night.”

Sabine (who’s best known for writing the first biographical guide to American Loyalists) went on:

Miller departed Massachusetts on the very day his antagonist fell. He was indicted for murder in the county of Norfolk, but was never tried or arrested. The indictment against him was missing from the files of the court as early as the year 1808 or 1809.

His home, ever after the deed, was in New York, where his life was secluded, though in the possession of an ample fortune. He lived a bachelor. He died in 1829, leaving an only brother.

The New York newspapers said this Charles Miller, formerly of Boston, died “suddenly” at age sixty.

The mercantile firm Charles Miller & Son continued to advertise in Boston newspapers for a couple of years after the younger man’s move. Eventually Charles Miller, Sr., retired to Quincy, where he had been born. In 1815 former President John Adams noted that foxglove (digitalis) had “lately wrought an almost miraculous cure upon our Neighbour Mr Charles Miller.” But the man died two years later, age seventy-five.

“He fell lifeless on the ground!”

As I quoted yesterday, the Constitutional Telegraphe of 17 June 1801 was the only Boston newspaper to report on the duel between Edward Rand and Charles Miller, Jr., three days earlier.

I slyly broke off before the end of that passage: “…in which the latter was shot dead on the spot.”

Not that the duelists’ names necessarily appeared in the newspaper in the same order as the first paragraph of this posting.

So I’m still keeping the outcome of the duel from you.

The Federal Galaxy of Brattleboro, Vermont, went into more detail on 29 June:

Having agreed on seconds, they repaired to Dorchester Point early on Sunday morning last;—they then paced out the ground, and the lot was Rand’s to make the first fire; his fire, however, did no execution; Miller then discharged his pistol, the contents of which lodged in his antagonist’s heart, and he fell lifeless on the ground!

Decades later, in the 1859 edition of Notes on Duels and Duelling, Alphabetically Arranged (but not in the 1855 first edition), Lorenzo Sabine set down the story as he’d gathered it:

The late Governor [William] Eustis of Massachusetts (at that time a physician in practice) was on the ground as surgeon. Rand was accompanied by a brother; Miller, by Lieutenant [actually Midshipman] Lewis Warrington, who was subsequently a post-captain in the United States navy, and was distinguished in the war of 1812.

Rand was the challenger. Two shots were exchanged. Miller discharged his first pistol in the air, and then asked his antagonist “if he was satisfied.” The reply of Rand’s second was in the negative.

Miller—who had frequently amused himself with the pistol with the officers stationed at Fort Independence, and who had acquired a great reputation as a marksman—then said: “If I fire again, Mr. Rand will surely fall.”

The parties resumed their position, and at the word fired. Rand was shot through the right breast, and died upon the spot.

Under a 1784 Massachusetts law (follow the link here at HUB History), issuing or accepting a challenge to a duel was illegal, even if you never actually dueled. Anyone helping to arrange a duel was liable for up to £300 fine and six months in jail.

If you killed someone in a duel, you could be arrested and tried for murder. If you ended up convicted and hanged, your body could be dissected and/or buried without a coffin and with a stake through the heart. And the same went for the body of the person killed in the duel.

The picture above shows Dr. William Eustis, reportedly “on the ground as surgeon” during the exchange of shots. He would seem to have been at least arguably liable for abetting the duel. That’s especially striking for two reasons. First, in 1801 Eustis had just been elected to Congress. And second, his brother had died in a duel during the war.

TOMORROW: The aftermath.

“Terminated in a Duel…at Dorchester Point”

While looking for more ties between Charles Miller and the Boston Patriots, I came across this story from the next generation.

Boston’s Constitutional Telegraphe newspaper reported on 17 June 1801:

We hear, and are concerned to state, as we conceive it a painful task, which we consider to be our duty to perform, to announce to the public an unfortunate dispute between Mr. Charles Miller, jun. and Mr. Edward Rand, both of this town, which terminated in a Duel, early on Sunday morning last, at Dorchester Point…

Charles Miller, Jr., was baptized in King’s Chapel on 18 Nov 1770. So far as I can tell, he was the first and only child of Charles Miller, a younger son of Braintree’s Anglican minister, and his first wife, Elizabeth Cary of Charlestown.

Charles, Jr., followed his father into the mercantile business. Around the turn of the century there are lots of advertisements in Boston papers for goods offered by the firm of “Charles Miller & Son.”

Edward Rand was baptized in Boston’s New North Meetinghouse on 22 Aug 1773. He was the fourth child of Dr. Isaac Rand, Jr., a physician suspected of being a Tory but mostly tolerated because of his medical skills. (Dr. Isaac Rand, Sr., was an active Patriot, caring for soldiers with smallpox during the siege of Boston.) By the end of the 1700s the younger Dr. Rand’s reputation was solid enough that he was elected president of the Massachusetts Medical Society.

In April 1800, Charles P. Phelps (1772–1857) and Edward Rand announced that together they had rented a large store on Codman’s Wharf to sell imported fabric, hardware, and spermaceti candles. They offered to advance cash on consignments and sought “a Lad about 14 years of age” to work for them.

A duel between rising young men from such prominent families was bound to cause talk. In a letter to her youngest, Abigail Adams said: “it is reported that the Quarrel arose about a Female— this is the first instance of the Kind in our State.” Massachusetts had seen some duels before, but not that many involving locals.

The item in the Green Mountain Patriot of Peacham, Vermont, on 2 July avoided using the term “duel,” saying instead that the two men had met “for the purpose of honorably settling an honorable dispute.”

The Federal Galaxy of Brattleboro broke the full story on 29 June:

FATAL DUEL.

A report of a late duel in Boston has been current in town for ten days past—A letter dated Boston, June 17, received by the Editor, from his friend residing there, gives the following recital of the event:

“Some misunderstanding having taken place between Messr. Charles Miller, jun. and Isaac [sic] Rand, (respectable merchants in Boston) which originated respecting a certain young lady, to whom Miller had paid his addresses; after giving each other some hard words, Rand sent Miller a challenge, which was accepted. Having agreed on seconds, they repaired to Dorchester Point early on Sunday morning last;…”

Decades later, Rand’s business partner Phelps wrote in an unpublished memoir that the lady was “from Rhode Island,” but I located no source identifying her.

After describing the action, the letter in the Federal Galaxy stated:

“You will find no mention made of this affair in the Boston papers, as the several printers have been requested by the parents of Miller and Rand, not to notice it.”

And indeed the Constitutional Telegraphe’s article appears to be the only report printed inside Boston. It was, however, reprinted outside the town from Maine to Virginia.

TOMORROW: Who lived, who died, who told the story.