REPLY
OF
JAMES P. HEATH
TO A PAMPHLET PUBLISHED BY HENRY MAY
OF WASHINGTON CITY
BALTIMORE, 1839
Library of Congress Call Number CR4595.U6 S6
------
REPLY OF JAMES P. HEATH,
&c. &c. &c.
- I shall not attempt to follow Mr. Henry May, through all the absurdities
contained in his pamphlet of 32 pages, in relation to the late affair between
Col. Sothoron and Dr. Young. I have too great a respect for my own character,
and for truthwn character,
and for truth to attempt a refutation of the gross misrepresentations therein
contained, but will come at once to the point, and show that no reliance
whatever can be placed upon any statement made by said May. In his statement of
the controversy he says “my (his) statement is copied from very full and
particular notes." Made by whom? By himself. As the gentleman has made two
statements, I should like to know upon which he is to try his veracity; whether
it be the statement made out and sent to Dr. Warring, of St. Mary's county, Md.,
or the statement furnished the public. As the gentleman has made two statements
of the same affair at total variance with each other, I presume his fancy has
furnished him with two sets of "full and particular notes made soon after their
occurrence," to establish the truth of both. As a party to that affair I must
put my veto upon both statements, and say that neither of them contains the
truth, and I am sustained in this declaration by the statements themselves for
they do not contain the same language or the same meaning.
We here insert the one sent to Dr. Warring, that it may be compared with that
contained in his pamphlet.
Copy of a statement written by Dr. Warring to a friend in St. Marys.
"These are the circumstances, as they transpired, after the delivery of the
challenge by Dr. Young's friend, Mr. May. Major James P. Heath informed May that
he was authorised to act as Sothoron's friend, and May accordingly called on
him—when Heath requested May to withdraw the challenge in order to give Sothoron
an opportunity to make an apology, which he stated would be such as could not
fail of being satisfactory. This May refused to do, on the ground that no
apology could be asked for an insult so gross, and Heath then proposed to refer
the matter to General Walter Jones, to say whether an apology should be offered
with the challenge pending, and gave May to understand that Sothoron, if he was
compelled to fight, would choose muskets at fifteen paces—May refused to refer
it as proposed, and Heath then handed him the terms. May, immediately in
writing, protested against the terms on his own responsibility, as unusual,
sanguinary and butcherly; but at the same time accepted both the terms and the
weapons peremptorily on the part of his friend—His motive for protesting was to
throw the whole responsibility upon Heath. This was on Saturday evening, and
they agreed that no further proceedings should be had in the matter until
Monday—Heath then stated to May, that he should take his friend out of the
District to avoid an arrest, and stated to him at the same time, that he was
unable to ride on horseback, and requested as a personal favor, that he would
call on him at a tavern designated, a few miles above Georgetown, in
Virginia—This May agreed to as an act of courtesy to an old and disabled
man—Heath then requested May to meet him at the appointed place on Monday
between 12 and 2 o'clock, to choose a spot, measure the distance, and arrange
the other preliminaries, previous to a meeting of the principals—May informed
him that he would have to make his arrangements on Monday morning, and that
possibly he might not be able to be there at the precise time, but that he would
certainly be there in the course of the day, and requested him to wait for him
until that time, which he agreed to do. In the terms first handed to May, the
time of meeting of the parties was specified, but when the previous meeting of
the seconds was agreed upon, Heath, with his own hand erased that part of it—May
made his arrangements on Monday, and started on horseback to keep his
appointment, and when he arrived within two hundred yards of the tavern met a
party of men, and their carriages—He stopped Heath's carriage and asked him
where he was going; he replied, I am going home ; May informed him I have come
to meet you according to appointment—Heath's answer was, it is too late, it is
past the time, and I thought the fight was to have taken place at 2 o'clock—May
then said to him, major Heath, you distinctly recollect that I told you I
probably should not be able to meet you at the precise time, and expected you to
have, waited till four o'clock; and besides, you know, that this meeting was for
ourselves alone, and your principal has no business to be here—Heath then said
there was some misunderstanding, but that they would leave the ground, that Col.
Sothoron would say nothing about it, and they would say it had been honorably
settled—May informed him that would not do, and that he would publish him—Heath
then referred the matter to Col. Sothoron, and if he thought proper to do so
they would return and settle it—May told him they were but a few yards from the
house, that they could return, and he would pledge himself to have Young on the
ground, and the affair settled before sun down, although it was a damned humbug
to think of putting the parties up, and having them snapping at each other in a
drenching rain—Heath then got out and went to Sothoron's carriage, and after
some conversation with him, returned and said they must go on as the police were
after them—but that he would meet him that evening at 4 o'clock at Brown's
hotel—May told him that the matter was more public in Washington than there, and
there was greater danger of arrest, but agreed to meet as appointed—At 4 he went
to Brown's with the expectation of arranging the matter for next day, and Heath
told him that S. had gone home, as he had appointed to meet his wife that day
about twenty-five miles from Washington—that there had been a mutual
mistake—that both he and Sothoron entertained a high opinion of Young's courage,
and that the affair would do him no harm, and that the affair could not be
renewed except by a new challenge—May asked if another challenge would be
accepted—he replied he did not know—May, it it seems, from some circumstance
that had occurred previously, was suspicious that a cousin of Sothoron's (Robert
Beale) would take measures to have it arrested, and informed Heath of his
suspicions, and advised that Beale should not be informed of the affair. But so
far from following his advice, they took Beale with them to Virginia, and went
to Com. Jones, whom Beale informed that there was to be a very bloody affair
with muskets at fifteen paces. Jones, as was to be expected, said it was
butchery, and that it should not take place, and promptly took measures to
arrest it. May, however, saw no police, unless the persons he met before he met
the carriage were police officers--I am requested by May, on his responsibility
to give the lie to any other statement of the af fair.''
To shew the descrepencies between the two statements, I will here insert a few
extracts:
1st. As to the apology—It is stated in May's letter to Dr. Warring, "when Heath
requested May to withdraw the challenge in order to give Sothoron an opportunity
to make an apology, which he stated would be such as could not fail of being
satisfactory." In his publication upon this point, I am made to say that if May
would withdraw the challenge Col. Sothoron would make to Dr. Young the "most
ample and satisfactory apology, such a one as the doctor or myself should
dictate."
Again—The terms, as admitted, were handed to Mr. May on the letter to Dr.
Warring, it is represented that "May immediately protested against the terms, as
unusual, sanguinary and butchery."—In his publication, his protest is—defered
until 10 o'clock Saturday night.
Again—In the letter to Dr. Warring, it is stated, "Heath requested May to meet
him at the appointed place on Monday between 12 and 2 o'clock." In the
publication it is stated that "Heath asked him if he could not meet him (Heath)
at the Virginia tavern at 12 o'clock on that day."
In the letter to Dr. Warring, it is stated, "In the terms first handed to May
the time of meeting of the parties was specified. But when the previous meeting
of the seconds was agreed upon, Heath, with his own hand, erased that part of
it." In the publication it is stated–“This term (specifying the time) major
Heath expressly desired me not to copy—saying, that we could fix upon the time
between ourselves."
I have thus pointed out a few discrepencies existing between the two statements.
I have thought it unnecessary to enumerate them all. But I have pointed out a
sufficient number to establish Mr. May's inacuracy of memory, if not wilful
misrepresentation of this whole matter. And I would now enquire of an
intelligent and generous community whether he can be relied upon in any
statement he can make in a matter affecting the reputation of a high minded
honorable gentleman; sustained as he is by all the circumstances surrounding the
case, and by statements of gentlemen involved in no such inconsistencies. And
whether it can be necessary on my part to make any effort, in point of argument,
on an exhibition of testimony, to sustain my reputation as a man of veracity,
when assailed from such a source.
Mr. May, having been driven by my card (every sentence of which, he knows to be
true, and, every important part of which, he corroborates by his own statement,)
from that high and honorable stand that every gentleman will ever occupy, has
resorted to the pitiful quibling of a petty-fogging attorney; now I am no
lawyer, but a plain citizen, and I have stated in a plain way the facts as they
actually occurred; those facts are given in my card, which I again aver to be
TRUE.
*Mr. May has made another and different statement, and thereby must tell the
lie.
CARD
BALTIMORE, July 5th, 1839
My Dear Major:
I have received your letter, enclosing me a printed card of Dr. Young. Though
its language is such as to make it painful for a gentleman to notice it, it may,
nevertheless, be necessary for a true statement to be made of the circumstances
that attended the affair to which the card refers. As those circumstances are, I
am sure, all fresh in your recollection; I beg the favor of you to state what
they were.
Yours Respectfully,
JOHN H. SOTHORON.
To MAJOR JAMES P. HEATH.
-----
BALTIMORE, July 5, 1839.
My Dear Sir :
In compliance with your request I now hand you the following statement, to
enable you to correct misapprehensions, that may have been entertained by others
about the circumstances that closed the difference which lately existed between
Dr. James A. Young and yourself.
I reached Washington on Friday the 21st of June in the evening cars, and about 8
P. M., called upon Mr. Henry May, to whom I had been referred as the second of
Dr. Young; and found him in his office. I communicated to Mr. May the object of
my visit, when we appointed the hour of 9 o'clock the next morning to meet in my
room at Brown's hotel. At this interview I presented, in writing, to Mr. May,
the terms of meeting as prescribed by Col. Sothoron—the time fixed upon, was
from 1 to 3 o'clock on Saturday. Mr. May made no objection to the terms, but
suggested the erasure of some words and substituting others, as making the terms
more easily understood; to this I made no objection, and some words were erased,
and others substituted with his own hand, as will appear by reference to said
terms now in my possession—that preliminary having been closed, I remarked to
Mr. May, that an honorable adjustment of such affairs manifested stronger proofs
of true and genuine courage than fighting, and if the challenge of' Dr. Young
could be suspended, I would, on my own responsibility, and without the knowledge
of my principal, offer terms of a pacific character; to which he replied, I am
inexperienced in affairs of this kind, and cannot accede to your proposition
without consulting Dr. Young, who was at Mr. Lee's, in Virginia, where he had
sent a carriage for him, and was to meet him between the long bridge and
Alexandria, but that he would go immediately to see him, and ascertain his views
and feelings as to my offer, and in case of a rejection he would return as
quickly as possible and prepare for the combat. I remained in the hotel, waiting
the return of Mr. May, until the 2 o'clock bell rang for dinner. Upon my return
from dining I met Mr. May between the bar room and steps leading to the dining
room; and after the usual salutation, retired with him to the room I occupied.
Immediately on our entering, Mr. May expressed his regret at not having seen Dr.
Young, who it appeared, was not at the place he expected to find him, and then
asked a suspension of the hour of meeting, until he could see him. To this
request I remarked, such a procedure on my part would be contrary to the
established rule in such cases, and if I complied, it would be on my own
responsibility; and on that responsibility, alone, I did comply.
Mr. May then left me under an assurance that he would return in time to have the
affair closed that evening, either by an adjustmerit or fight. I continued as
before at the Hotel awaiting the return of Mr. May, but he did not appear as I
expected, and as he was bound to do early, nor until near ten o'clock that night
(Saturday) soon after which all negotiations closed. It was at this interview
Mr. May protested against the terms as being unusual and barbarous, to which I
remarked, the challenge of Doctor Young (couched as it was in language unusual
among gentlemen) had caused such terms, and that Colonel Sothoron had determined
to exercise the privileges allowed him by the rules of duelling. I then proposed
that the parties should meet at an early hour on Monday to decide the affair,
but it appeared that our opponent could not be ready at an early hour, and that
they were not provided with the weapon that had been selected and agreed upon at
9 o'clock on Saturday. Mr. May and myself then agreed that the parties should
meet on Monday the 24th, to decide the contest at 2 o'clock, and that he and
myself would meet at a tavern in Virginia, which was designated by us, at 12
o'clock, M., to adjust the arrangements for the ground. On the day previous
(Sunday) I sent Col. Sothoron out of the district, and followed on. The next day
(Monday) I repaired with the Colonel to the tavern designated: soon after Dr.
Briscoe, our surgeon joined us, by appointment; so that we were, at the hour, at
the spot where it was our duty to be, prepared as we were on the Saturday
previous to settle the affair, and comply fully with the terms we had entered
into. But, as neither Dr. Young nor Mr. May were there, we left the tavern —and
soon afterwards meeting Mr. May, he asked me where I was going, I replied,
"home," "the affair is closed, as you have not complied with your engagement to
meet at the appointed time and place;" presenting at the same time my watch that
he might see the hour. He remarked the morning was wet, and he had to get a
musket and put it in order, and that he had made every effort to hire a vehicle
to get his friend on the ground, but without success. On Mr. May's own account,
I was mortified, and felt hurt at his apology; for there was a gentleman in the
carriage with me, who heard every word that passed between us. I then stepped to
the hack containing Col. S. and Dr. Briscoe, and remarked to Col, S., there is
Mr. May alone, on horseback, but he comes too late, the affair has been closed,
and we will proceed on. I returned to my carriage, when Mr. May asked where he
could see me in Washington, and at what hour? I replied, at Brown's hotel where
I expected to be at 4 o'clock—we then drove on. At four, he came to Brown's and
asked me if 1 thought Col. Sothoron would accept another challenge from Dr.
Young ? To his enquiry I answered, Col. Sothoron can never notice Dr. Young
again, that I did not think he ought to accept of any, communication from him
upon any subject; and that he, moreover, had left Washington for his residence.
Here all communication between Mr. May and myself closed.
Very truly,
I remain your friend,
JAMES P. HEATH.
To COL. JOHN H. SOTHORON.
This was my original statement. Now let me enquire in what respect has Mr. May,
in his elaborate misrepresentations, invalidated the correctness of the
statement I have given of this affair? In what points are we at issue, upon
which the honor of my principal is sought to be involved, acting under my advice
and directions: It is admitted that I arrived in Washington on Friday evening
the 21st June, and met Mr. May in Mr. Jones' office, where it was agreed that we
should meet the next morning, at my room at Brown's hotel at 9 o'clock
(Saturday) for the purpose of arrangeing the preliminaries to the intended
conflict. That the meeting did accordingly take place, and at that meeting I
did, in the discharge of my duty, as the friend of Col. Sothoron, place in the
lands of May the terms, which my principal had, in the exercise of his rights,
prescribed. These terms were in writing, and there cannot be any prevarication
about them:
To General HEATH.
ORIGINAL TERMS.
First—To fight with muskets, loaded with a single ball, at the distance of
fifteen paces.
Second—That the muskets be Iaid on the ground, near the right foot, with the
cocks up, and the parties placed by the side of them.
Third—The words to be, "are you ready," and both replying in the affirmative,
the word fire will be given—after which each is at liberty to take his musket,
and fire between the words fire and the count of one and five.
Fourth--The choice of position, and the giving of the word of command, to be
decided by lot.
*Hour of meeting between 1 and 3 o'clock. The place of meeting to be in
Virginia, and to be designated by you."
In these terms it appears upon their face, that the proposed meeting was to take
piece between the hours of 1 and 3 &clock. It is now alledged by Mr. May, with a
view of shielding his principal, and thereby implicating the conduct of Col.
Sothoron, that no day for the intended meeting was designated. Now I would
enquire, upon what day the written terms were placed in the hands of Mr. May—On
Saturday—What do they say in relation to the intended meeting? That the parties
shall meet between one and three o'clock—on what day? Surely every man of common
understanding will respond—Saturday. Should an agreement be entered into between
two gentlemen of character and standing, of a certain date, to be consumated at
a certain hour subsequent to the signing the agreement. in relation to the
ordinary business of life, without mentioning any day—I ask, could or would any
honest upright man attempt to give rise to a doubt as to the day upon which the
agreement was to be consumated? Surely not. For I had the right to fix the time,
place, distance and weapon under the rules of duelling; and did so fix them—and
I now ask, what right had Mr. May to object to any proposition of mine? None—and
accepted them. Nor did Mr. May misunderstand the character of the terms, or the
time at which the conflict was to have taken place. Saturday was the day
therefore, as shewn by the original terms. And I aver it was so understood. At
this point of time, I admit, and I do not feel that it was discreditable to
myself, that I did, upon my own responsibility, ,and without the knowledge of my
principal, make an effort to have the matter honorably adjusted. To my proposals
upon this point, Mr. May stated that he could not acceed to any proposition
without consulting Dr. Young. That he had sent a carriage to Mr. Lee's for him,
and that he was to meet him between the Long bridge and Alexandria—That he would
go immediately to see him, and ascertain his views as to my proposal, and in
case of a rejection he would return as quickly as possible, and prepare for the
combat. This statement, as contained in my original card, is substantially
admitted by Mr. May, for he says, "I then left major Heath (Saturday morning)
under an understanding that I would meet him again at 2 o'clock, P. M., at his
room, and inform him whether the challenge would be withdrawn." Again, "at 2
o'clock, in pursuance of my engagement, I called at Brown's," as he alledges,
for the purpose of informing major Heath of his inability to find Dr. Young.
Now, if the original understanding was not that the meeting was to take place
before three, why was the early hour of two o'clock fixed upon for the answer of
Dr. Young. The matter is too plain to escape the comprehension of the plainest
intellect. May did return, as he promised, at 2 o'clk, and apologised for not
returning an answer to the proposals of the morning, so as to close the matter by
three, according to the terms, and' then requested that the' hour might be
suspended until he could see Dr. Young. I agreed to the suspension upon my own
responsibility—under the express understanding that he would return time enough to have the affair closed that evening either by an
adjustment or fight.
But contrary to the understanding May did not return until 10 o'clock that
night, and soon thereafter all negotiation closed--and the affair was now to be
proceeded in. I have, I think satisfactorily shewn that, Saturday between I and
3 o'clock was the original time fixed for the conflict to have taken place—but
owing to the indulgence granted to May upon my own responsibility, and his
failure to comply with his engagement, it was rendered impossible that the
affair could be closed on the first designated day. It was then agreed that the
conflict should take place on Monday. But owing to my anxiety to return in time
enough to Washington to take the evening cars for Baltimore, the time of meeting
was erased from the written arrangement, with an understanding that the meeting
should take place by 2 instead of 3 o'clock of that day, an admission of which
may be rationally inferred from Mr. May's own statement.
The matter being
thus postponed from Saturday, May says that I intimated a
meeting to fight on Sunday, which I positively deny, but such an impression
shows that an early meeting was urged,—for what purpose? except for the fight,—I
appeal to any man to know, for what purpose could the next meeting after such a
postponement be intended?—what necessity then could have been for Mr. May's
mounting a charger, a blooded one too, to ride six or seven miles through a
pelting rain to meet, by appointment, a man whom the day before (Sunday) he had
spent hours with at the hotel in Washington, in adjusting preliminaries for the
final meeting. I aver then, that the meeting on Monday was a postponement from
Saturday, and designed for the fight, and not for the adjustment of
preliminaries between the seconds—for let me ask, what preliminaries remained to
be agreed on—the place of meeting was designated and known, as is evident from
Mr. May's direct approach to the same, sufficiently proves; the weapons had been acceeded to, the distance fixed on, the order of fire fully understood? What
then remained to be arranged, nothing but the stepping off, of 15 paces; and I
would ask, if it ever was heard, that the seconds should meet at least 24 hours
before, at a distance of seven or eight miles, merely to adjust the remaining
preliminary of measuring off the ground ! ! It is too absurd, it cannot be
believed.
I have now I hope fully illustrated to the satisfaction of an observing
community—that the day and hour was determined upon. Upon that day and hour, my
principal, his surgeon and myself appeared upon the ground and remained until
after the time had elapsed. But where was Dr. Young and his second—they were not
there. Having thus broken their engagement—Dr. Young was no longer entitled to
the respect of Col. Sothoron—according to all the rules by which gentlemen are
regulated in such matters, and under my advice and counsel he returned home,
feeling that no further responsibility rested upon him. In this judgement and
counsel I feel that I shall be sustained in the public consideration.
To satisfy the public that I have not given a version to this matter to suit the
occasion, or otherwise than it was understood by me and the friends of Colonel
Sothoron, at the time. I here present the statement of Dr. John H. Briscoe, who
was well informed as to all matters, as they transpired.
*No erasure, whatever, has been made of the time.
Baltimore, July 16, 1839.
To Major JAMES P. HEATH,
Dear Sir,—In reply to your enquiries for my recollections of the matter existing
between Col. John H. Sothoron and Dr. Young, I have to state, that on Thursday
the 20th June, Colonel Sothoron called on me at night, and informed me that he
wished to engage my professional services in an affair between Dr. Young and
himself; and that you were to be his second. Arrangements were made for Col
Sothoron to leave town the next morning, and you and myself to follow on in the
afternoon cars for Washington. Soon after our arrival there, you separated from rne, stating it to be your purpose to wait on Mr. Henry May, the second of Dr.
Young. On your return to Brown's hotel, you informed me that Mr. May and
yourself were to meet the next morning (Saturday) in your room, when the terms
would be arranged for the fight. On Saturday morning you requested me to hold
myself in readiness, that the meeting would take place between 1 and 3 o'clock
that afternoon in Virginia. During the early part of the afternoon, you came to
my room and informed me that Mr. May had not been able to find his principal,
but that I must stand prepared for the occasion, as Mr. May was to return in
time to have the matter settled that evening, either by a fight or a compromise.
I heard nothing more of the matter until the next morning (Sunday) when you
stated to me that the meeting had been postponed until Monday the 24th, from 12
to 2 o'clock, P. M., and that you had desired it should take place at 9 o'clock,
A. M., on Monday, but they were not ready.
On Monday morning, by previous arrangement, Mr. Robert Beale, called in the rear
of Brown's hotel, with a hack to convey me to the place appointed by you for the
meeting. I accordingly accompanied him, and arrived before 11 o'clock at the
designated place, a small tavern at the first turnpike gate, on the falls road,
leading from the chain bridge, through Fairfax county, Va , meeting you and your
principal at that time. We waited there until some fifteen or twenty minutes
past 2 o'clock, when you approached Col. Sothoron and myself, then sitting
together, and observed "Colonel you have waited beyond the time to meet your
adversary—you now stand absolved from your obligation to him—we will return
home." You then ordered the two drivers (colored men) to attach their horses to
their carriages; which being done, we proceeded on our way home. A short time
after leaving the tavern, the hack in which Colonel Sothoron and myself were
riding, was stopt, and upon looking out we saw Mr. May near the front hack,
apparently in conversation with you—You soon came to Col. Sothoron and said,
"Mr. May is here on horseback, and without his principal—I have informed him you
were absolved from the obligation entered into, and was on your way home." Col.
Sothoron replied "I am under your direction." You replied then, sir, as the
affair was closed by the adversary's not being on the ground at the appointed
time, we will proceed on. The carriages then moved on again, and I have no
recollection of any further stoppage on the way to Washington. With due
consideration, &c.
JOHN H. BRISCOE.
Mr. May has made, unfounded statements as to the character of the conversation that occurred between us, when we met upon our return from the ground. For the truth of these statements he rests entirely upon his character for veracity. Now, I deny—the verity of them. And that the public may decide between us, and fully understand what did actually pass, here present the certificate of a gentlemen who was present, and also refer to the statement of Dr. Briscoe, herein before inserted.
WASHINGTON, July 19, 1839.
Dear Major,
In reply to your request I herewith send you a statement of what passed between
you and Mr. May while I was in the carriage with you on our way from the tavern
in Virginia, to Washington, where you informed me Mr. May was to have met you at
12 o'clock, to fix the fighting ground, and where the fight was to come off at 2
o'clock.
On Monday the 24th June last, I was in a hack with major Jas. P. Heath, the
friend of Col. Sothoron, on our way to Washington from a tavern in Virginia--We
had not proceeded far before we met with Mr. May, who rode up to the side of the
carriage in which major Heath was sitting, and after the usual salutation, Mr.
May said where are you going major? The major replied, home; you were to have
met me at 12 o'clock. Mr. May replied between 12 and 1, but sir, the weather has
been so bad I could not get out earlier, I made every exertion to get a vehicle,
but could not obtain one any where—Moreover, I have had to get a musket and put
it in order, and do every thing myself. Major Heath then remarked, (pulling out
his watch at the same time) you see sir, it is half past 2 o'clock, which is
half an hour after the time of meeting. Mr. May paused for a moment, and then
asked major Heath if Col. Sothoron would accept another challenge? Major Heath
replied, that was a matter for Col. Sothoron to decide; this affair I consider
closed, and if any thing further is to be done a new issue must be made. Major
Heath then got out of our carriage and went to the carriage in which Colonel
Sothoron and Dr. Briscoe were, but I heard nothing that passed between them.
Major Heath returned and resumed his seat in the carriage. Mr. May asked him in
an anxious tone, when he could see him; the major replied, at Brown's at 4
o'clock—and added, I had intended to go home this afternoon, but it is now too
late, I cannot reach Washington in time for the cars. Mr. May took a glass of
wine at our invitation, and immediately thereafter we drove on to Washington,
and saw no more of Mr. May until after our arrival in Washington. I have no
recollection of another Word passing between major Heath and Mr. may, and I am
confident there was not.. Our carriage was stopped but once.
Yours respectfully, R. BEALE.
To Major James P. Heath.
A strong effort has been made to induce the public to believe that Col. Sothoron
desired to escape the responsibility of his situation, and that his friends
manifested a disposition to have the affair arrested. That the public may fully
understand who manifested the strongest disposition to escape responsibility, by
whom the delay was produced, and by whose agency the matter became public, I
will now give a brief narration of the whole affair.
Col. Sothoron received through Dr. Young, what he considered an uncorteous,
malicious and unwarrantable insult,—the Colonel sought for the Doctor and after
finding him, enquired the reason for such treatment, and not receiving what Ile
considered a satisfactory answer, spat in his face,—the Doctor, without the
slightest resistance, wiped off the spittle, cried enough and retired;—though
the Doctor, from what I am told, (for remember I never saw him to my knowledge)
is the heavier and the more muscular man of the two. What then will be thought
of Dr. Young's courage by men of chivalrous feelings, I leave the public to
decide, and proceed with my narrative:—this occurrence happened on Saturday, the
1st day of June last. On the 4th day of the same month, the Doctor it appears,
started for Washington full of fight and blood, nothing but a fight could
appease him. He called on Mr. C. L. Jones for a pair of duelling pistols, making
known at the same time his intention to challenge Col. Sothoron. Mr. May is sent
for to the court house, he arrives, the whole affair is repeated to him; and
notwithstanding his aversion to duelling, he consents to become the
second,—though in his pamphlet he acknowledges it is the first affair of the
kind he ever was concerned in, and his inexperience in such matters; and repeats
with pleasure, the observation: (yes, I am greatly deceived if, before I close
my remarks, I do not make him sincerely regret his ever having engaged in this
affair.) Well, on the 11th of the same month, the Doctor writes an extraordinary
cartel, and hands it to his friend, Mr. H. May; who, after having forwarded one
letter by a friend, and another by a servant, delivers it in person to Col.
Sothoron, at his own house, fourteen days after the gross and unpardonable
insult was inflicted upon the face of the gallant Doctor. What wonderful and
cautionary courage this affair so far presents !
Mr. May also in his narrative, undertakes to place words in my mouth that I
never used or thought of and are too ridiculous to notice. It also appears from
the statement of Mr. May, that Dr, Young was full of fight and anxious to meet
his opponent, and regretted the distance was not ten instead of fifteen
paces,—would not listen to the suspension of the challenge to afford me an
opportunity of presenting pacific terms; he would rather die than live under so
gross an insult and injury; notwithstanding all this parade and show of courage,
the Doctor was not nearer the field of battle than fifteen miles,—when he ought
to have been at the tavern agreed upon by Mr. May and myself, or immediately in
the neighborhood of it, he was secreted in Alexandria, where, (as Mr. May
beautifully expresses it, "the devil himself could not find him"—yes, where I am
convinced the Doctor never intended he should be found to meet Col. Sothoron.
But Mr. May says it was raining, I admit it, but who ever before heard of an
affair of this kind being stopped by rain. I have known parties to fight in a
rain and also a snow storm, and never before heard that excuse offered for not
being at the place appointed by the seconds for the parties to meet. Col.
Sothoron, his second and surgeon were at the place designated though it did
rain, why could not Dr. Young, his second and surgeon get there—comment would be
absurd. But Mr. May states my having boasted of my great experience in affairs
of that kind, and that I had been concerned in seventy similar cases. I do not
recollect having made use of such remarks, but I could with truth have said,
that I have been engaged as principal and second, in more than seventy similar
cases, and never before had to contend with a second as ignorant as Mr. May.
Yes, I repeat it with pride and pleasure, that I have been concerned in more
than seventy similar cases, and thereby prevented more duels and more blood shed
than any man in Maryland, for I uniformly go forward not to encourage, but to
prevent fighting, and have at all times used the same zealous exertions to
adjust honorably to both parties their difference, that I used, as acknowledged
by Mr. May himself, in the late affair with Dr. Young; and I can go farther and
state with truth, that in the several duels I have fought myself, I have never
raised my arm or pulled a trigger against the life of my fellow man, and that
through a long and perilous life that reflection has been to me a consolation
unknown to such a man as Henry May. But Mr. May says I have provoked this public
discussion; in what way may I ask? Was there a solitary word from my lips, or a
solitary line from my pen, uttered or issued until after the appearance of Dr.
Young's infamous card, and Mr. May's erroneous statement furnished to Dr.
Warring, a copy of which was sent me by Col. Sothoron: it was then, and not
until then, that I came forward to vindicate the character of my injured friend
Col. S. Mr. May, in his pamphlet also states that after leaving me at 9 o'clock
in the morning, he immediately sent a carriage for Dr. Young, who it appears was
not at Mr. Lee's where he had been sent by his second, and where he ought at
every sacrifice to have remained until called for by that second to go to the
place of meeting, but it appears the poor fellow, when the carriage arrived had
broke from his cage, and thereby violated all the rules of honor laid down in
such cases, and fled some six or eight miles farther from the field of battle;
now in the name of common sense I ask, why send for Dr. Young immediately on
leaving me, why call upon me at 2 P. M. to say he did not find the Doctor at the
place he expected, or why repeat the call between the hours of 9 and 10 at night
to appologise for not complying with the terms agreed upon between him and
myself, if no time had been designated, no apology was necessary, Mr, May was
degrading himself by offering one, but he knew the time was agreed upon as will
appear by the original terms, a copy of which I have inserted, and which are now
in my possession, and can be seen by any gentleman who will call and examine
them; he knew the hours of three o'clock was the last minute allowed; he
therefore called at 2 o'clock and asked further time. I granted his request upon
my own responsibility, he departed under a promise to return immediately, in
time to have the affair settled that evening (Saturday) either by a fight or
compromise; he did not return as his own statement proves, and as he was bound
to do until between 9 and 10 o'clock that night, and why? Because he had
concealed Dr. Young where the "devil himself could not find him," and surely no
one would suppose that Mr. May could find Dr. Young when the devil could not.
Mr. May then proceeds to state that out of courtesy to me, he rode out on
horseback on Monday. I wish Mr. May to understand that I never asked of him, or
any man on earth an act of courtesy in an affair of honor. I have ever toed the
mark both as principal and second, and never yet been one moment out of time,
nor ever will be. I will further remark that my arm is not paralized by either
age or affliction whenever my character is implicated, and that no an is ever
too old to sustain it. But Mr. May as he says mounted a blooded horse, for what
? To meet his engagement with me; why if the young man had done his duty, as I
an old man did mine, any horse would have answered his purpose; he could have
performed that duty on foot, and thereby saved the reputation of his friend and
himself. But Mr. May has resorted, lawyer like, to special pleading, which will
not answer with an enlightened community; they will see and judge of the facts,
and the fact is Dr. Young never intended to fight when he sent the challenge.
Mr. May discovered it and hid him where the "devil himself could not find him."
I therefore feel confident that the public will decide that neither Col.
Sothoron or myself could find the doctor, and concluded, as every man of any
penetration would have done, that as the principal was wanting, and his second a
fool, I would return home, and did so accordingly.
JAMES P. HEATH.
Baltimore, July 19, 1839.
I now take my leave of Dr. James A, Young and Mr. Henry May, forever.
-----
BALTIMORE, July 17th, 1839.
My Dear Major:
I avail myself of your kind permission to annex to a reply you propose to make
to a pamphlet of Mr. Henry May, a statement of all that occurred between that
gentleman and myself before you became connected with the transaction to which
that paper relates. I had hoped that this affair was at an end, and that it
would not become necessary for me to appear before the public. But as the
interview between Mr. May and myself was necessarily private, there is no person
to whom I can appeal for a correct version of it, and I must needs do myself the
justice to remove any unfavorable impression that his statement of his visit to
my house may have made. It is not necessary to detail the circumstances of the
meeting between Dr. Young and myself on the 1st June; it is sufficient to say
that in a business transaction, I considered that his conduct was malicious and
marked by a deliberate design to insult me in a manner the most mortifying to
the feelings of a gentleman, and under the influence of these feelings I
demeaned myself towards him as I believed his conduct merited. I remained at
home from that time until the 14th June, when I received Mr. May's note, the
reply to which he has published on page 7 of his pamphlet, and expecting him the
next day, I was prepared to receive him as a gentleman and extend towards him
all the hospitality which as such he had a right to expect at my hands. I am not
informed that his reception was otherwise than agreeable to him. He arrived at
my house about 12 in the morning, and remained until about 4 in the evening, I
have not seen him to speak to him from that time to the present.
The following is a true statement of our conversation soon after his arrival,
and his introduction of himself (for I had never before seen him) he said he had
a communication from Dr. Young, and presented me the note which he has given on
page 7 (of his book the challenge.) Before reading it I inquired if it was a
challenge from Dr. Young, he said it was, I replied I would look at it. I then
read it with the remark that its phraseology appeared singular because there was
nothing cowardly in my attack. He said Dr. Young himself had written it, and he
supposed he (Young) thought the attack cowardly. I then remarked that I was
unacquainted with affairs of this kind, and I would not act with precipitancy
and without consultation; that Dr. Young was comparatively a stranger to me,
that he had been in the neighbourhood only a few months, and that the impression
he had made was not very favorable (although under a pressing emergency and the
sickness of my attending physician he had been called in to prescribe for a
servant,) the words in brackets formed no part of my statement to Mr. May. That
under the circumstances there was every thing due to myself and friends, and
more especially to the gentleman whom I might select as my friend on the
occassion. I further remarked that I could not think of accepting a note of that
kind from an entire stranger, because my friend had a right to be informed of
the character of the person with whom he might have to treat, and I must be
allowed to put myself in a condition to remove any scruples he might entertain
on this point. But that I was only acting now from abundant caution, and that he
was not to consider this objection as at all disparaging himself. But if on
inquiry at Washington (where I would be compelled to go on the business) I
should be satisfied that there was no ground for such an objection, the note
would be accepted at his hands. I then handed him the note which he declined
receiving, saying that he was only authorised to deliver it to me; it was laid
between us on the sofa, the conversation then turned upon general subjects ; and
we soon went to dinner. After my family had retired from the table, the
conversation was renewed over a glass of wine by my asking if I could take the
liberty of requesting him to relate Dr. Young's version of the affair between
us. He said he would do so, and did make a relation which I admitted to be
substantially correct, and said I was pleased our statements coincided, and that
I had determined to disgrace him, but that I thought Dr. Young had exhibited a
want of courage in not resenting it at the time as I expected he would: he
replied Colonel that is your opinion: of course, said I, but not expressed with
any view to make a difference between ourselves, because you are only serving a
friend as I would do. I also said that were I to consult my own feelings
regardless of the claims of others upon me, such was my notion of chivalry among
gentlemen, that I would even then meet him in any way that might restore him to
whatever of character or reputation he might lose by the indignity I had
inflicted. Mr. May remarked that perhaps we had better say no more about it. The
conversation again digressed—and seeing a large lot of lumber in my yard,
immediately before the window, he said I must be extensively engaged in making
improvements. I replied that I had several buildings to erect, that the season
was a busy one to the planter, and that I was very sorry that he was taking me
from home at that particular time, upon business which was very unpleasant to
say the least. We both agreed however, that in such affairs every thing else
must be neglected—about this time it occurred to me that the Mays were related
to a family I had known, and was attached to in Alexandria, and finding this to
be the fact, I enquired after them, and detailed some incidents of my
acquaintance with them. I mention these circumstances to show that our
conversation was of the most social character at dinner, with the exception I
made above as to Dr. Young's affair, and that the inconvenience of my leaving
home at that particular time was expressed only in connection with his own
observation of the business in which I was then engaged, incidently introduced,
and forming no part of our conversation, touching the object of his visit to me.
We left the table and returned to the parlour whore the challenge was lying on
the sofa, and where it had been laid when I postponed receiving it as before
stated--no person had access to that room who could have read it, except my
father, and he did not need this means of information as to the purpose of Mr.
May's visit, because he had been made aware of the whole transaction by myself,
well knowing that to him, most of all others could be confided any thing
involving my honor or the means of vindicating it. The sequel has proved that
any information thus or in any other way gained by any member of my family, did
not result in arresting the progress of Dr. Young's purpose--he has nothing to
complain of on this ground. Shortly after dinner, he asked for his carriage, and
when ready he took his hat to depart,--I again handed him the challenge and
protested against its remaining under my roof a single night; he replied that he
had performed his duty in delivering it to me, that he understood my motive as
before explained, and should expect to receive an answer in writing, that I
could do any thing with it, but that he could not receive it. I informed him
that I should go to Baltimore directly, to procure a friend who would see him on
the subject in Washington; he then went away. I have here detailed the most
important part of his conversation on the subject of his visit to me, and
although I do not recollect "the great many other trifling observations about
the matter with which Mr. May says I entertained him," I am quite free to
acknowledge however, that our entertainment in this respect may have been
mutual. There was a great deal more said between us both on this and other
matters, that gentlemen actuated by a becoming sense of such delicate occasions
may be willing to communicate, without the fear or suspicion that any thing thus
imparted is to be afterwards charged as a "trifling entertainment." I received
Mr. May as a gentleman, treated him as such, and acknowledging myself to be
ignorant of such things, suggested difficulties and embarrassments, which I find
might have been as safely confided to the bosom of some person less disposed
afterwards to advert to them in connection with unjust and unfounded implication
against me. Perhaps he has thought his relation to Dr. Young warranted him in
stating his recollection of all that passed between him and myself, although he
must have been aware that the familiarity and respect with which he was welcomed
at my house, showed that I regarded him in any other light than as a person
disposed and determined to avail himself of every petty advantage which the
freedom of our intercourse might afford to the representative of a person who
stood towards me in the attitude of an enemy. For myself I have other and I
trust more correct notions of the proper returns due to hospitality. It is
worthy of remark, that he remained three or four hours in my house, enjoying all
it afforded, when his business, according to the nice etiquette of such affairs,
needed not have consumed half an hour. He seems to have been impressed with the
entertainment of my conversation, but to have lost sight of other "trifling"
things that seemed to enhance its value in his estimation. I will here state
that my refusal to receive the challenge at Mr. May's hands at that time, was
predicated upon the advice of an old and experienced, friend, whom I had
consulted the evening I had wrote Mr. May, informing him that I would expect him
at my house, The next day, I applied to two friends, and was advised to consult
you; after that time, as you will remember, the whole affair was in your hands
and I acted entirely under your directions, not interfering in any manner with
what was transpiring between you and Mr. May except to express my readiness to
meet the responsibility of my position in the most effective manner, and at the
earliest moment, and urging that the meeting might not be delayed. I must leave
the rest of the pamphlet to you, because as you know, I had no personal
knowledge of any thing else that occurred. I left Washington on the 24th under
your advice, as soon as I was informed
by you that I had done all that your engagement in my behalf with Dr. Young
required, to relieve the anxiety of my friends, who I supposed had become
acquainted with the cause of my absence. I never heard of any pretence that the
meeting at the tavern in Va. was regarded by Mr. May as preliminary to a more
definite arrangement of the time, or that there was any misunderstanding between
him and yourself until I saw Dr. Young's card, and I then hastened to Baltimore
to enquire into the circumstances; to know what the rights of Dr. Young required
at my hands, and what duty to myself imposed, being prepared to do all that
either exigency might warrant. You will do me the favor to detail all that
occurred on the road when Mr. May met our carriages, and particularly whether
you at that or any other time referred to my "discretion" what Mr, May has been
pleased to term the "responsibility of my retreat." Gentlemen of honor will not
fail to discover, that the tone of Mr. May's paper, so far as it relates to
myself, or expresses his impressions of my own motives or conduct, is wholly at
variance with a proper appreciation of the relations which principals sustain
towards each other, after the affair has been placed in the hands of their
friends. He ought to have known that I could not be responsible for any thing
that occurred in which I was not actually engaged, and that every allusion to
myself, however equivocal, was in exceeding bad taste and wholly uncalled for by
the "sacred duty" of presenting a complete narrative of the controversy "to
vindicate the honor of his friend."
"I also would gladly have avoided the public discussion of a purely private
subject," but this is not my fault—the parties have selected a new arena—the bar
of public opinion—and before that I attend as promptly as I had repaired to the
field. If their appeal shall not succeed in repairing the failure of the first
meeting, and thus avert from themselves the infamy that is predicted for me,
they will not have been frustrated by an unwillingness on my part to lay the
whole matter before the public. In the justice of that tribunal I repose the
highest confidence, and I calmly and confidently await their decision—To you I
must tender my sincere thanks, for the kindness and unremitting attention with
which you have served me on this occasion, and to assure you of the sincerity
with which I shall always remain your obliged friend,
JOHN H. SOTHORON .