River canal and its incidents, and therefore it is not necessary to say more in this connection.

On the 20th of January, 1838, in pursuance of a resolution adopted on the 17th, the Legislative Assembly adjourned. to meet at the same place on the second Monday of June.

CHAPTER XIX.

TERRITORY OF WISCONSIN IN 1838.

The second session of the first Legislative Assembly which commenced in November, 1837, was extended twenty days into January, 1838, but to preserve the continuity of its proceedings, they were all referred to in the last chapter.

For the same reason the proceedings of the second session of the 25th Congress, which commenced on the first Monday of December, 1837, so far as they affect Wisconsin, will be collated in this chapter.

The 24th of February of this year will ever be memorable as that upon which was enacted one of the most heartrending tragedies that ever resulted from the barbarous practice of duelling. It was the sacrifice of the life of Hon. JONATHAN CILLEY, a member of the House of Representatives from the State of Maine, in an "affair of honor" with Hon. Wм. J. GRAVES, a member from the State of Kentucky.

This duel derives its interest for the people of Wisconsin from the fact that Hon. GEORGE W. JONES, then the delegate in Congress from Wisconsin, was the "friend" and second of Mr. CILLEY in the terrible tragedy, which is a sufficient reason for giving a detailed account of the events which led to, and the circumstances which attended the fatal meeting.

JAMES WATSON WEBB was the editor of the New York Courier and Enquirer. In a discussion in the House on the 12th February, Mr. CILLEY was reported in the Globe, while speaking of the Courier and Enquirer, to have made remarks to the following effect: He knew nothing of the

editor, but if he is the same who once brought grave charges against an institution (Bank of the United States) from which he was said to have received afterwards $52,000 in facilities, he (Mr. CILLEY) did not think that anything which the editor had said deserved to be noticed by Congress.

On the 21st of February Mr. GRAVES had a friendly interview with Mr. CILLEY, in which he presented to the latter a note from J. W. WEBB, which Mr. CILLEY declined to receive. There were no witnesses to the conversation between Messrs. GRAVES and CILLEY in that interview.

Subsequently on the same day Mr. GRAVES addressed the following note to Mr. CILLEY

"In the interview which I had with you this morning, when you declined receiving from me the note of Colonel J. W. WEBB, asking whether you were correctly reported in the Globe, in what you are there represented to have said of him in this House on the 12th inst., you will please say whether you did not remark in substance, that in declining to receive the note, you hoped I would not consider it in any respect, disrespectful to me, and that the ground on which you rested your declining to receive the note was distinctly this: That you could not consent to get yourself into personal difficulties with conductors of public journals for what you might think proper to say in debate, and that you did not rest your objection in our interview upon any personal objections to Colonel WEBB as a gentleman."

Mr. CILLEY immediately made the following reply:

"The note which you just placed in my hand has been received. In reply I have to state that in your interview with me this morning, when you proposed to deliver a communication from Col. WEBB, of the New York Courier and Enquirer, I declined to receive it because I chose to be drawn into no controversy with him. I neither affirmed or denied anything in regard to his character, but when you remarked that this course on my part might place you in an unpleasant situation, I stated to you, and now repeat, that I intended by the refusal no disrespect to you."

On the next day (22d) Mr. GRAVES addressed to Mr. CILLEY the following note:

"Your note of yesterday, in reply to mine of that date, is inexplicit, unsatisfactory, and insufficient; among other things in this: that in declining to receive Col. WEBB's communication, it does not disclaim any exception to him personally as a gentleman. I have therefore to inquire whether you declined to receive his communication on the ground of any personal exception to him as a gentleman, or a man of honor? A categorical answer is expected."

To this note, Mr. CILLEY on the same day, made the following reply:

"Your note of this date has just been placed in my hands. I regret that mine of yesterday was not satisfactory to you, but I cannot admit the right on your part to propound the question to which you ask a categorical answer, and therefore decline any further response to it."

The next day (23d) at a few minutes before noon, no further communication between the parties having intervened,

a challenge from Mr. GRAVES was presented by Hon. HENRY A. WISE to Mr. CILLEY, in the following words:

"As you have declined accepting a communication which I bore to you from Col. WEBB, and as by your note of yesterday you have refused to decline on grounds which would exonerate me from all responsibility growing out of the affair, I am left no other alternative but to ask that satisfaction which is recognized among gentlemen. My friend, Hon. H. A. WISE, is authorized by me to make the arrangements suitable to the occasion."

Mr. CILLEY, after some delay, secured the friendly services of Hon. GEORGE W. JONES as the bearer of his acceptance of the challenge. Mr. JONES, however, in a published letter to the people of Wisconsin, dated June 20th, says:

"It is now known that I came into the controversy at a very late period (only twentythree hours before the fatal meeting), after all the terms as to time, weapon, distance, etc., had been agreed upon."

Mr. CILLEY'S letter, accepting the challenge, was delivered by Mr. JONES at the hour of 5 P. M. on the same day the challenge was received, and was in these brief terms:

"Your note of this morning has been received. My friend, Gen. JONES, will make the arrangements suitable to the occasion.'"

The following terms of meeting were then agreed upon between the seconds, Messrs. WISE and JONES, in conformity with those already agreed upon between Mr. CILLEY and his friends: the place to be such as might be agreed upon between them at 12 M. the next day, the 24th. The weapons to be rifles. The parties placed side to side at eighty yards distance from each other; to hold the rifles at arms length downward; the rifles to be cocked and triggers set; the words to be "Gentlemen are you ready?" After which, neither answering "No," the words shall be in regular succession "Fire-one, two, three, four." Neither party is to raise his weapon from the downward position until the word "fire" and neither shall fire before the word "fire" nor after the word "four." The position of the parties at the end of the line to be determined by lot. The second of the party losing the choice of position, shall have the giving of the word. Each party may have on the ground, besides his second, a surgeon and two other friends. The rifles to be loaded in presence of the seconds.

It was then agreed between the seconds, at about noon of the 24th, and after some correspondence and delay in relation to a rifle for Mr. GRAVES, that the meeting should take place at 3 P. M. of that day; that they should meet at the Anacosta bridge on the road to Marlborough, Md., between the

hours of 1 and 2 P. M., and that if either got there first he should wait for the other, and that they would thence proceed out of the District. The parties met at the bridge, Mr. CILLEY and his party arriving first; and all proceeded about 2 P. M. to the place of meeting. The seconds marked off the ground and decided the choice of positions. Mr. WISE won the choice, and Mr. JONES had the giving of the word. Shortly after 3 o'clock P. M., the rifles were loaded in the presence of the seconds; the parties were called together; they were fully instructed by Mr. JONES as to their positions, and the words twice repeated to them as they would be and as they were delivered to them in the exchange of shots. After this they were ordered to their respective positions, the seconds assuming their places and the friends accompanying the seconds, were disposed along the line of fire to observe that each obeyed the terms of meeting.

Mr. JONES gave the words distinctly, audibly and in regular succession, and the parties exchanged shots without violating in the least a single instruction. They both missed.

The friends generally, then assembled to hear what was to be said. Mr. JONES then inquired of Mr. WISE whether his friend (Mr. GRAVES) was satisfied. Mr. WISE replied

"These gentlemen have come here without animosity towards each other, they are fighting merely upon a point of honor. Cannot Mr. CILLEY assign some reason for not receiv ing Col. WEBB's communication or make some disclaimer which will relieve Mr. GRAVES from his position."

After Mr. JONES was informed by Mr. WISE that the challenge was suspended for the purpose of explanation, he went to Mr. CILLEY, his principal, and then said to Mr. WISE, as Mr. JONES remembered a few hours afterwards what he said:

"I am authorized by my friend Mr. CILLEY to say that in declining to receive the note from Mr. GRAVES, purporting to be from Col. WEBB, he meant no disrespect to Mr. GRAVES, because he entertained for him then as he now does the highest respect and most kindly feelings, but that he declined to receive the note because he chose not to be dragged into any controversy with Col. WEBB."

The recollection of Mr. WISE in regard to the answer of Mr. JONES was, that Mr. JONES also said in his answer:

"My friend refuses to disclaim disrespect for Col. WEBB, because he does not choose to be drawn into an expression of opinion as to him."

Much conversation then ensued between the seconds and their friends, but no nearer approach to reconciliation being made, the challenge was renewed, another shot was exchanged and both missed.

After this the seconds and the friends again assembled, the challenge was again withdrawn, and a very similar conversation to that after the first exchange of shots ensued. Mr. JONES then remarked:

"Mr. WISE, my friend, in coming to the ground and exchanging shots with Mr. GRAVES, has shown to the world, that in declining to receive the note of Col. WEBB, he did not do so because he dreaded a controversy. He has shown himself a brave man and disposed to render satisfaction to Mr. GRAVES. I do think that he has done so and that the matter should end here."

To this Mr. WISE replied

"Mr. CILLEY has already expressed his respect for Mr. GRAVES in the written corre spondence, and Mr. GRAVES does not require of Mr. CILLEY a certificate of character for Col. WEBB; he considers himself about not only to deserve the respect due to himself, but to defend the honor of his friend Col. WEBB."

Mr. WISE thinks, he added,

"Mr. GRAVES only insists that he has not borne the note of a man who is not a man of honor and not a gentleman."

These last words Mr. JONES does not recollect.

After much more conversation and ineffectual attempts to adjust the matter, the challenge was again renewed; and while the friends were again loading the rifles for the third exchange of shots, Mr. JONES and Mr. WISE walked apart and each proposed to the other anxiously to settle the affair.

Mr. WISE asked Mr. JONES

"If Mr. CILLEY could not assign the reason for declining to receive the note of Col. WEBB that he did not hold himself accountable to Col. WEBB for words spoken in debate?"

Mr. JONES replied that

"Mr. CILLEY would not wish to be understood as expressing the opinion whether he was or was not accountable for words spoken in debate."

Mr. WISE then asked Mr. JONES Whether

"Mr. CILLEY would not say that in declining to receive the note of Col. WEBB, he meant no disrespect to Mr. GRAVES either directly or indirectly.”

To this Mr. JONES replied affirmatively, adding

"Mr. CILLEY entertains the highest respect for Mr. GRAVES, but declined to receive the note because he chose not to be drawn into a controversy with Col. WEBB."

In further explanatory conversation, Mr. WISE said to Mr. JONES:

"If this matter is not determined this shot, and is not settled, I will propose to shorten the distance."

To which Mr. JONES replied

"After this shot without effect I will entertain the proposition."

The parties then exchanged the third shot. It was fatal.