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Nathaniel Pendleton

Nathaniel Pendleton (October 27, 1756 – October 20, 1821) was an American soldier, lawyer, and jurist who served as an aide-de-camp to General Nathanael Greene during the Revolutionary War, Attorney General of Georgia, delegate to the Continental Congress from Georgia, and United States District Judge for the District of Georgia from 1789 to 1796.^[1]^[2] Born in Virginia as the nephew of jurist Edmund Pendleton, he relocated to Georgia after the war, where he built a prominent legal career amid the state's early republican governance.^[1] Pendleton later moved to New York, continuing his practice and gaining lasting historical notice for acting as Alexander Hamilton's second in the fatal 1804 duel with Aaron Burr, a role in which he documented the events and Hamilton's intentions to forgo firing first.^[3] His public service reflected the era's blend of military valor, judicial administration, and federalist commitments, though his direct involvement in the duel drew scrutiny without leading to personal legal repercussions.^[4]

Early Life and Revolutionary War Service

Family Background and Education

Nathaniel Pendleton was born on October 27, 1756, in New Kent County, Virginia, to Nathaniel Pendleton Sr. (1715–1793), a planter, and Elizabeth Ann Clayton Pendleton.^[5]^[6] The family later resided in Culpeper County, where Pendleton was raised alongside his brother Henry.^[7] His uncle, Edmund Pendleton, was a prominent Virginia jurist who served as president of the state's high court of chancery and presided over the 1788 convention that ratified the U.S. Constitution, providing the family with connections to colonial legal and political circles.^[8] The Pendletons traced their lineage to early 17th-century English immigrants to Virginia, including figures involved in colonial administration and landownership, though the immediate family held modest planter status without extensive wealth.^[9] Pendleton received no formal collegiate education, a common circumstance for many of his era given limited institutions and the preference for practical training. Instead, he pursued legal studies through the apprenticeship method of reading law under established attorneys, which equipped him for bar admission and subsequent practice.^[2] This self-directed approach aligned with prevailing 18th-century norms in the American colonies, emphasizing mentorship over structured academia, and preceded his entry into military service in 1775.^[2]

Military Contributions

Pendleton joined the Continental Army in 1775 at the outset of the Revolutionary War, initially serving in Virginia regiments as part of the broader mobilization against British forces.^[8] His early service included participation in the Virginia line, contributing to the colonial defense efforts in the southern theater amid escalating conflicts following Lexington and Concord.^[10] Advancing through the ranks, Pendleton attained the brevet rank of major and was appointed aide-de-camp to Major General Nathanael Greene, a key commander in the Southern Campaign from 1780 onward.^[11] In this capacity, he provided critical staff support during Greene's maneuvers to reclaim the Carolinas and Georgia from British control, including logistical coordination and battlefield assistance that helped sustain Continental operations against superior British numbers.^[12] His distinguished performance at the Battle of Eutaw Springs on September 8, 1781—a hard-fought engagement where Greene's forces inflicted significant casualties on Lieutenant Colonel Alexander Stewart's British-Loyalist army despite tactical setbacks—earned him formal recognition; the State of Georgia later presented him with a sword in commendation of his valor and service there.^[5] Pendleton's military tenure extended until 1783, encompassing the war's conclusion with the Treaty of Paris, after which he transitioned to civilian pursuits while retaining his wartime-acquired expertise in discipline and command.^[2] Throughout his service, he exemplified the commitment of Virginia's gentry to the Patriot cause, aiding in the strategic reversals that undermined British southern strategy without achieving independent command but through reliable aide duties.^[9]

Legal and Political Career in Georgia

Relocation and State Legal Roles

Following the conclusion of the Revolutionary War, Nathaniel Pendleton studied law and relocated to Savannah, Georgia, in 1785, where he established a private legal practice.^[1]^[11] In Georgia, Pendleton served as Attorney General from 1785 to 1786, a position in which he advised the state executive and prosecuted legal matters on behalf of the government during the early years of statehood.^[1]^[2] This role positioned him as a key figure in developing Georgia's legal infrastructure amid post-war reconstruction and land disputes, leveraging his prior military experience under General Nathanael Greene in the Southern theater.^[8]

Legislative and Diplomatic Involvement

Pendleton served as a member of the Georgia House of Representatives in 1786, participating in the state's early post-independence legislative activities amid efforts to establish governance and address wartime debts.^[1] In this role, he contributed to deliberations on local matters, including legal reforms and land policy, reflecting his transition from military service to civilian leadership in Savannah.^[2] In 1787, the Georgia General Assembly selected Pendleton as one of six delegates to the Constitutional Convention in Philadelphia, alongside figures such as William Few and Abraham Baldwin; however, like George Walton, he did not attend the proceedings.^[9] Two years later, in 1789, he was elected to the Continental Congress (Congress of the Confederation) as a delegate from Georgia, but again declined to serve, prioritizing his concurrent judicial duties as chief justice of the Georgia Superior Court.^[1] These nominations underscored his prominence in Federalist circles and recognition for potential contributions to national diplomacy and constitutional framing, though his non-participation limited direct influence.^[8] No further diplomatic appointments, such as treaties or foreign negotiations, are recorded during his Georgia tenure.

Judicial Career

State Judicial Positions

Pendleton was appointed Chief Justice of the Superior Court of Georgia in 1787, a position he held until his nomination to the federal bench in 1789.^[2]^[13] The Superior Court served as Georgia's primary court of general jurisdiction, handling civil and criminal matters across the state's circuits.^[8] During his tenure, Pendleton presided over sessions that addressed post-Revolutionary legal challenges, including land disputes arising from confiscated loyalist properties and the enforcement of state statutes amid economic instability.^[2] His judicial role built on prior experience as Georgia's Attorney General from 1785 to 1786, where he prosecuted cases and advised on legal compilations, though the Attorney General position was executive rather than adjudicative.^[13] As Chief Justice, Pendleton contributed to early state judicial administration, including efforts to standardize court procedures in a frontier-like legal environment marked by sparse infrastructure and jurisdictional overlaps with inferior courts.^[8] No major appellate decisions from his state service are prominently recorded, reflecting the era's focus on trial-level adjudication over formalized reporting.^[2] Pendleton's state judgeship ended with President George Washington's nomination of him as the first U.S. District Judge for Georgia on September 24, 1789, authorized by the Judiciary Act of 1789, after which he transitioned to federal service without recorded overlap or conflict.^[2]^[8] This brief but influential state tenure positioned him as a key figure in Georgia's nascent judiciary, bridging Revolutionary-era ad hoc tribunals to structured post-constitutional courts.^[13]

Federal District Judgeship

Pendleton was nominated by President George Washington on September 24, 1789, to the newly created seat as judge for the United States District Court for the District of Georgia, established under the Judiciary Act of 1789 (1 Stat. 73).^[2] The U.S. Senate confirmed the nomination on September 26, 1789, and Pendleton received his commission that same day, marking him as Georgia's inaugural federal district judge.^[14] He convened the court's first session in Savannah on November 13, 1789, administering the oath of office that aligned with the Judiciary Act's requirements and remained standard for subsequent federal judges in the district.^[15] During his tenure, Pendleton presided over federal matters in a frontier state with limited infrastructure, handling cases involving maritime disputes, land claims, and enforcement of early federal statutes amid Georgia's post-Revolutionary instability.^[11] Pendleton served until resigning on September 1, 1796, after which he relocated to New York, facilitating the appointment of his successor and reflecting the era's pattern of judges balancing federal duties with personal and state interests.^[8] His seven-year term contributed to the nascent federal judiciary's consolidation in the South, with no recorded impeachments or major controversies during his service.^[2]

Role in the Burr-Hamilton Duel

Prelude and Negotiations

The tensions between Aaron Burr and Alexander Hamilton escalated in mid-1804 amid Burr's unsuccessful campaign for governor of New York, during which Hamilton publicly opposed Burr and was reported to have made derogatory remarks about Burr's character.^[3] On June 18, 1804, Burr sent a letter to Hamilton via his second, William P. Van Ness, demanding that Hamilton disavow a "more despicable opinion" allegedly expressed about Burr, as referenced in a political letter by Dr. Charles D. Cooper.^[16] Hamilton responded on June 20, declining to confirm or deny the vague accusation without specifics, asserting his right to private opinions formed over 15 years of political opposition to Burr.^[16] Burr replied on June 21, rejecting Hamilton's ambiguity and insisting on a precise clarification of any "epithet of dishonor," regardless of its origin or timing, to restore Burr's satisfaction.^[16] Hamilton's June 22 letter maintained that Burr's demand for unqualified disavowal was unprecedented and potentially coercive, offering instead to address particular charges if detailed, while suggesting Burr might seek a different response through retraction.^[16] That same day, Hamilton confided the full correspondence to Nathaniel Pendleton, his chosen second and longtime friend, expressing resolve but also a desire to avoid unnecessary violence; Pendleton, a federal judge, accepted the role despite personal anguish over the affair's gravity.^[3] On June 26, Van Ness wrote to Pendleton, interpreting Hamilton's refusal as necessitating a "hostile interview" and proposing a meeting to either arrange amicable terms or duel conditions, thereby formalizing the challenge through the seconds.^[16] Pendleton and Van Ness met multiple times in late June and early July, attempting reconciliation by relaying proposals: Pendleton conveyed Hamilton's willingness for "general friendship" short of full disavowal, while Van Ness pressed for Burr's honor-satisfying concessions, but neither principal yielded sufficiently, as Hamilton refused to retract past expressions and Burr deemed them irreparable without explicit acknowledgment.^[3] These exchanges, documented in Pendleton's subsequent narrative, highlighted the seconds' duty to mediate under codes of honor, though Pendleton later noted Hamilton's consistent opposition to dueling as a principle, even as circumstances compelled participation.^[3] Negotiations proceeded to practical terms after reconciliation failed, with Pendleton and Van Ness agreeing on a duel site in Weehawken, New Jersey—chosen for its seclusion across the Hudson River from New York—tentatively set for July 11, 1804; pistols supplied by Hamilton (hair-trigger models from his brother-in-law John Church); a distance of 10 paces; and mutual loading by seconds to ensure fairness.^[4] Pendleton advocated for Hamilton's position, securing the right to choose sides by lot, while emphasizing procedural equity to mitigate risks, though weather delays postponed the event from July 4 to July 11; no further overtures for peace emerged, as both sides viewed honor as paramount.^[4] Pendleton's account, corroborated in joint statements with Van Ness, underscores the seconds' role in upholding dueling conventions without endorsing the practice, amid Hamilton's expressed reluctance to fire first.^[3]^[4]

Events of the Duel and Aftermath

On the morning of July 11, 1804, Alexander Hamilton departed from Manhattan in a boat accompanied by his second, Nathaniel Pendleton, and physician Dr. David Hosack, arriving at the dueling ground in Weehawken, New Jersey, shortly before 7:00 a.m.^[17] Aaron Burr had arrived earlier with his second, William P. Van Ness.^[4] Pendleton and Van Ness, acting jointly, measured ten paces between the principals, loaded the .56-caliber smoothbore pistols in each other's presence, and determined that Pendleton would give the signal to fire.^[17] Hamilton won the choice of position facing the sun and the right to give or receive the first word.^[18] Pendleton issued the command "present," after which the pistols discharged in rapid succession, with Hamilton firing first.^[17] Hamilton's shot struck high, missing Burr, while Burr's bullet entered Hamilton's right abdomen above the hip, passing through his liver and spine; Hamilton collapsed almost immediately, and Pendleton caught and supported him in his arms.^[18]^[17] Dr. Hosack attended Hamilton on the ground, confirming the wound as mortal, to which Hamilton reportedly replied, "This is a mortal wound, Doctor."^[18] Pendleton assisted in carrying Hamilton to the waiting boat for transport back across the Hudson River to Manhattan.^[17] Hamilton was conveyed to the home of William Bayard in Greenwich Village, where he lingered in agony until his death at approximately 2:00 p.m. on July 12, 1804.^[18] Pendleton and Van Ness issued a joint statement later that day, describing the sequence of events and noting that the shots occurred within seconds of each other, with Burr's fire taking effect immediately.^[4] Disputes arose over Hamilton's intent; Burr's supporters claimed he had deliberately fired into the air (deloping), but Pendleton's account maintained that Hamilton had resolved to reserve his fire if possible, without intentionally missing high.^[18]^[17] In the days following, Pendleton returned to the dueling site with a companion and identified the cedar tree branch overhead that Hamilton's ball had severed, approximately twelve feet above the ground and deviated from Burr's position, refuting claims of a deliberate miss into the air and supporting the view that Hamilton's fire was either premature or reflexive.^[4] Pendleton also managed Hamilton's papers, including his will and final documents, which Hamilton had entrusted to him prior to the duel.^[18] Burr fled the scene to avoid arrest, facing indictments for murder in New York and New Jersey, though he was never convicted and received a pardon from New Jersey authorities; Pendleton testified in related proceedings but emphasized the mutual consent and honor-bound nature of the encounter.^[18] The duel accelerated public revulsion toward the practice, contributing to its decline among elites.^[18]

Later Life and Death

Return to New York

In 1796, Pendleton resigned his commission as United States District Judge for the District of Georgia, effective September 1, amid growing dissatisfaction with the demands of the role and possibly to distance himself from emerging controversies such as the Yazoo land fraud scandal, with which his name had become associated.^[2]^[11] He relocated that same year to New York, where he had earlier connections from his legal studies, settling in Hyde Park, Dutchess County, after marrying Susanna Bard (often referred to as Susan), the daughter of Dr. Samuel Bard, on May 30.^[8]^[5]^[19] Upon his return, Pendleton resumed private legal practice and was appointed judge of Dutchess County, a position he held while maintaining a farm at his Hyde Park residence, reflecting a shift toward a more localized, agrarian life after decades in Georgia's frontier legal and political arenas.^[11]^[20] He remained active in Federalist networks, leveraging his revolutionary war service and judicial experience, though he avoided major national office amid the era's partisan shifts following the 1800 election.^[8] Pendleton's New York tenure thus marked a retreat from federal prominence to regional influence, sustained until his death on October 20, 1821, at age 64, from complications related to injuries sustained decades earlier in military service.^[2]^[5]

Final Years and Passing

After resigning his position as United States District Judge for the District of Georgia on September 1, 1796, Pendleton settled in Hyde Park, Dutchess County, New York, where he served as a judge of the county court and resided on a farm.^[2]^[11] In 1811, he constructed the estate known as Placentia on land purchased from his wife's family.^[21] Pendleton spent his final years managing his property and family affairs in this rural setting, away from public office.^[11] Pendleton died on October 20, 1821, at the age of 64, in Hyde Park, New York.^[2] He was interred in St. James' Churchyard in Hyde Park.^[5] He was survived by several children, including a son, Nathanael Greene Pendleton Jr., and a grandson, George H. Pendleton, who later achieved prominence in American politics.^[11]

Personal Life and Legacy

Family and Relationships

Nathaniel Pendleton was born on October 27, 1756, in New Kent County, Virginia, to Nathaniel Pendleton Sr. (1715–1794) and Elizabeth Ann Clayton (c. 1715–1771), who had married in 1740.^[22]^[23] His father was a planter and justice of the peace in Virginia, while his mother descended from colonial Virginia families.^[24] Pendleton had several siblings, including Elizabeth Clayton Pendleton Tutt (1744–1840), Colonel Philip Pendleton (1745–1811), Henry Pendleton Jr., William Pendleton, and Susannah Pendleton.^[23] He was also the nephew of Edmund Pendleton, a prominent Virginia judge and statesman during the Revolutionary era.^[9] On October 4, 1785, Pendleton married Susannah Bard (1756–1816) in Savannah, Chatham County, Georgia.^[22] Susannah was the daughter of John Bard, a physician and friend of Benjamin Franklin.^[9] The couple resided primarily in Savannah, where Pendleton practiced law, before later moving to New York.^[22] Pendleton and Susannah had five children: John Bard Pendleton (1784–1830), Ann Pierce Pendleton Rogers (1786–1883), Edmund Henry Pendleton (1788–1862), Nathanael Greene Pendleton (1793–1861), and James Muirson Pendleton (1799–1832).^[22]^[23] Their son Nathanael Greene Pendleton served as a U.S. Representative from New York and maintained family ties in both Georgia and New York after the parents' relocation.^[25] No records indicate additional marriages or significant extramarital relationships for Pendleton.^[22]

Historical Significance

Nathaniel Pendleton's service as the first U.S. District Judge for the District of Georgia from 1790 to 1796 exemplified the establishment of federal judicial authority in the early republic, particularly in a frontier state navigating post-Revolutionary challenges such as land disputes and debtor insolvencies.^[2] Appointed by President George Washington on December 19, 1790, Pendleton presided over cases that reinforced national legal uniformity amid Georgia's volatile politics, including enforcement of federal revenue laws and resolution of Revolutionary War-era claims.^[1] His tenure, ending with resignation on June 1, 1796, to relocate to New York, contributed to the judiciary's foundational role in binding states to the Constitution, as evidenced by his prior advocacy for ratification at Georgia's 1788 convention.^[2]^[1] Pendleton's participation as Alexander Hamilton's second in the July 11, 1804, duel with Aaron Burr cemented his place in a defining episode of early American political violence, highlighting the code duello's persistence among elites despite legal prohibitions.^[3] In negotiations and on-site, Pendleton documented Hamilton's intent to throw away his shot—deloping to preserve honor without lethal aim—and co-authored the joint affidavit with Burr's second, William P. Van Ness, detailing the sequence where Hamilton fell mortally wounded after Burr fired.^[4] This account, published shortly after, shaped historical interpretations of the event, underscoring tensions between Federalist and Republican factions and the personal costs of partisan rhetoric.^[3] Beyond these roles, Pendleton's Revolutionary War contributions as aide-de-camp to Major General Nathanael Greene from 1778 to 1783, rising to major, aided Southern campaign successes that preserved Continental Army cohesion against British forces.^[1] His subsequent legal career in Georgia— as attorney general (1785–1786) and chief justice of the superior court (1785–1790)—advanced rule-of-law principles in a state prone to factionalism, influencing precedents on property rights and governance.^[1] Collectively, Pendleton's arc from soldier to jurist embodies the interconnected military, constitutional, and interpersonal dynamics forging U.S. institutions, though his legacy remains overshadowed by the duel amid broader historiographical focus on principals like Hamilton and Burr.^[2]^[1]

References

[1]
Biographical Directory of the U.S. Congress - Retro Member details
PENDLETON, NATHANIEL, (nephew of Edmund Pendleton and cousin of John Penn) , a Delegate from Georgia; born in New Kent County, Va., in 1756; entered the ...Missing: American lawyer
[2]
Pendleton, Nathaniel - Federal Judicial Center |
Born October 27, 1756, in New Kent County, VA Died October 20, 1821, in Hyde Park, NY Federal Judicial Service: Judge, U.S. District Court for the District ...Missing: American lawyer
[3]
Nathaniel Pendleton's Narrative of the Events of June 22, 1804
... Pendleton explained why he became H's representative in the negotiations leading up to the duel between H and Aaron Burr and H's second when the duel took place ...
[4]
Joint Statement by William P. Van Ness and Nathaniel Pendleton …
Joint Statement by William P. Van Ness and Nathaniel Pendleton on the Duel between Alexander Hamilton and Aaron Burr, [17 July 1804]
[5]
Nathaniel Pendleton (1756-1821) - Find a Grave Memorial
After the war he studied law in Georgia and was appointed U.S. District Judge among his many services to our country. His name was given to George ...Missing: lawyer | Show results with:lawyer
[6]
Nathaniel Pendleton (1756-1821) | WikiTree FREE Family Tree
Aug 12, 2025 · Born 27 Oct 1756 ; in New Kent County, Colony of Virginia ; Died 20 Oct 1821 at age 64 ; in Hyde Park, Dutchess, New York, United States.
[7]
[PDF] Guide to the Nathaniel Pendleton Family Papers - Yale University
Biographical / Historical Nathaniel Pendleton (1756-1821) was born in Culpepper County, Virginia, and died in Hyde Park, New York. He served in the ...
[8]
Nathaniel Pendleton to George Washington, 12 May 1789
After the war Pendleton moved to Georgia and received an appointment as the state's attorney general. In 1789 he was chief justice of the Georgia superior court ...Missing: biography - - | Show results with:biography - -
[9]
Pendleton, Nathaniel - The Papers of Bushrod Washington
Pendleton practiced law in Savannah, Georgia, and served as a state legislator, state attorney general, and delegate to the Constitutional Convention of 1787 ( ...Missing: Congress | Show results with:Congress
[10]
Pendleton, Nathaniel - Virginia - First Regiment | DPLA
Pendleton, Nathaniel - Virginia - First Regiment ... Compiled Service Records of Soldiers Who Served in the American Army During the Revolutionary War.
[11]
"Nathan Pendleton (1756-1821) First United States District Judge for ...
Pendleton settled in Savannah, Georgia in 1785 and began the practice of law. While in Georgia, he held notable public offices, that culminated in the honor of ...Missing: education college school
[12]
Nathaniel Pendleton Archives - The American Revolution Institute
Jul 8, 2022 · Nathanael Greene and given to his aide-de-camp, Nathaniel Pendleton, who served under Greene during the Southern Campaign of the Revolutionary ...Missing: fought | Show results with:fought
[13]
[PDF] attempt to publish - the first digest of georgia laws
He became. Georgia's chief justice in 1787, served in the state constitutional convention of 1788, and missed being a Georgia delegate to the 1787. Philadelphia ...Missing: roles | Show results with:roles<|control11|><|separator|>
[14]
Nathaniel Pendleton - Ballotpedia
Nathaniel Pendleton was a federal judge on the United States District Court for the District of Georgia. He was nominated by President George Washington.Missing: roles | Show results with:roles
[15]
[PDF] The US District Court for the Northern - Federal Bar Association
The oath that Georgia's first judge, Nathaniel Pendleton, took when becoming a judge in 1789 is the same one taken in 2014 by the court's most recent appointees ...
[16]
Hamilton–Burr duel correspondences - Wikisource, the free online library
### Sequence of Letters in Hamilton-Burr Duel Correspondences
[17]
Duel At Dawn, 1804 - EyeWitness to History
The antagonism between the two came to a head in 1804 when Hamilton thwarted Burr's attempt to gain re-nomination for Vice President as well as his bid to win ...
[18]
Hamilton-Burr Duel (U.S. National Park Service)
May 8, 2022 · With Burr was was William Van Ness, and with Hamilton was Nathaniel Pendleton. The seconds of the duellers were responsible for representing ...
[19]
Founding father of a nation — and a town - Sun Community News
Nov 7, 2021 · In 1796 he married Susan Bard and moved to New York, where his name was given to Washington for consideration for the post of Secretary of State ...
[20]
Nathaniel Pendleton (1756-1821) - American Aristocracy
He was born in Virginia and was aide-de-camp to General Nathanael Greene during the Revolutionary War. He was a Judge and then Attorney-General of Georgia.Missing: lawyer | Show results with:lawyer
[21]
Placentia - American Aristocracy
Built in 1811, for Nathaniel Pendleton and his wife, Susannah Bard. The Pendletons had purchased the land that year from Susannah's brother, Samuel Bard.
[22]
Nathaniel Pendleton Jr. (1756–1821) • FamilySearch
He lived in Clinton, Dutchess, New York, United States for about 10 years. He died on 20 October 1821, in Hyde Park, Hyde Park, Dutchess, New York, United ...
[23]
Judge Nathaniel Greene Pendleton, II (1756 - 1821) - Geni
Oct 21, 2022 · Born in New Kent County, Virginia, Pendleton, whose uncle was Edmund Pendleton, read law to become a lawyer. He was a soldier in the Continental ...
[24]
Nathaniel Pendleton, I (1715 - 1793) - Genealogy - Geni
Apr 27, 2022 · In 1740 he married his cousin, Elizabeth, daughter of Major Samuel Clayton of "Catalpa" and they had seven children. Henry; William; Nathaniel; ...
[25]
Nathanael Greene Pendleton (1793–1861) • FamilySearch
When Nathanael Greene Pendleton was born on 25 August 1793, in Savannah, Chatham, Georgia, United States, his father, Nathaniel Pendleton Jr., ...<|control11|><|separator|>