RVvi ¦.,l!l.l! ¦ ms' Ya\e Universitv LibrarV Watkins, V/illiam Henry Refutation of R. S. tioxe's Assertions, 1853. IS Ji YALE UNIVERSITY LIBRARY REFUTATION OF R. S. COXE^'S ASSERTIONS. The imperious duty of self-vindication, once more calls me before the public. I am fully sensible of the immense disad vantage, under which I must labour, in a "war of vv^ords" with a Lawyer of acknowledged talents and ingenuity, whose pro fession it is to endeavour to "make the worse appear the bet ter reason," and whose long practice in it must have rendered him an adept. But, shielded as I am by the protecting panoply of truth, I should not fear to enter the lists against even still greater odds. Mr. Coxe's pamphlet, which purports to contain a refutation of the statement I was compelled to lay before the public on the 9th instant, is an eminent example of proficiency in the art of " special pleading." It shows with what expertness.he can handle the light arms of his profession, and how little a tyro like myself could hope to gain, in controversy v/ith such a master, did the merits of my cause depend on the management of quirks and quibbles. To every thing in it, however, which properly belongs to the subject at i,ssue between us, I shall en deavour to give such a reply as the public may comprehend : of the abuse so profusely scattered through its pages, whether of myself or of the unfortunate and distressed family imder my protection, I shall leave the author to the enjoyment of the full, unenvied benefit. It will be obvious to the most careless reader of the pamph let, that it was chiefly designed to be circulated where my pre vious publication had not been seen ; that the author has de pended upon the effect of inferences, the fallacy of which would be detected at once by all who had seen both statements ; that he has laboured to divert the public attention from the true points of dispute; and that he has sought to extricate himself by endeavoring to involve me in a controversy with other in dividuals. He shall not succeed, if I can help it, in any of these designs. 2 In the very first paragraph of his pamphlet, Mr. Coxe has adroitly forced upon the reader, as the necessary construction of his language, two inferences which it would be impossible- for prejudice itself to draw, with a knowledge of all the premi ses. These are, that I challenged him, without previous cor respondence or provocation, and that I did so, knowing his principles "on the subject of duelling." In'refutation of the first I refer to my former publication ; as to the second, I am now informed for the first time, that Mr. Coxe has " long pub licly professed on the subject of duelling " sentiments that re quired him to submit the parties concerned "to the cognizance of the laws." I never heard of any such profession., public or private, and I am willing to let the world decide, whether the " principles " here assumed could be inferred from the language used by Mr. Coxe, in his reply to my first letter. But these are trifles, compared to the enormities Avith which I stand charged by Mr. Coxe. He asserts, and repeats in every form and shape, that /have been, throughout, the unprovoked, cause less aggressor ; that I have " invented and propagated slanders,"' have "originated and disseminated atrocious calumnies" against him, while he, all innocent and unconscious of wrong, has "iit reality given no just ground for complaint in any part of" his "conduct!" Were all this, or even any part of it, true, I should indeed deserve the universal scorn, which Mr. Coxe has laboured to fasten upon me ; I should be a monster, not only unworthy to associate, as he admits that I do, " in families- of the highest worth," but unfit to breathe the same atmosphere. For a knowledge of the origin of this dispute, the public are respectfully referred to my second letter to Mr. Coxe, to be found in my publication of the 9th instant. Imperfect and. scanty as the detail there is, it is enough to show upon whont the aggression is chargeable. I now ask the reader's attentiom to an examination of the assertions contained in Mr. Coxe's- pamphlet. 1st assertion. In p. 3, he asserts that William L. Brent, Esq. after repeating; a story which I had related lo him not long preoiously, " observed,. further, that he had at once stated to the individual in question,, that he did not believe ihe story, nor would any one else wlw might hear it." The following letter will show to the public the de gree of faith due to this assertion, Washington City, D. C. May 22, 1833.. "Sir: In reply to your note of yesterday, I send you the following statement: — "The statement of the manner of my holding a conversation with Mr. Coxe, as made in his pamphlet, would convey the idea that he was induced to be dissatisfied with what you. and- your family had said to me, when in fact this conversation never took place between us until after Mr. Coxe had expressed to me his feelings upon the subject, and informed me of his inten tion to expose the entire transaction,, which he stated would re sult in your disgrace. I then informed him that you had never communicated these things to me, or spoken of him disrespect fully, more than to say, that you had not the good opinion of him that you had of Gen. Jones, until I had first made the in quiry of you as to the cause of the displeasure of your father with him, when you related to me all the causes you have mentioned in your late publication, and detailed to me the transaction about the transfer of property ostensibly in payment of a fee. " Mr. Coxe has not correctly stated my opinion of what you then told me, as expressed to you. I stated to Mr. Coxe, that I did not communicate, what you said,, to him, because it was drawn from you by an inquiry of mine, and because I believed there was a mistake in your understanding of the conversation you had together, and I had so told you at the time, for I was unwilling to believe him (Mr. Co:;e) capable of such a decep tion and fraud, and I had advised you to say nothing about it, which you promised nie you would not, and I believed you had named it but to few, and then under circumstances which, you assured me, you thought would justify you. " A day or two after the first conversation, Mr. Coxe showed me a letter to him from Benj. P. Smith, Esq. upon the subject of the Furniture transaction, which I read and returned to him, and observed, I regretted the course he had taken, and stated .that I was persuaded, if properly understood, the affair could be satisfactorily settled between you. His reply was that it had gone too far, and he would pursue his own course. I then determined to see you and try to have it amicably settled, and upon that day I had a conversation with you and advised yon ,to endeavor to settle the affair in a peaceable and friendly man ner, which you promised me you would, and expressed to me a great desire it should take that turn, assuring me that since -the release of your father, you felt no hostility to any one, and would do any thing in your power, consistent with your honor, to effect an arrangement ; and with this object in view, you would address a letter to Mr. Coxe. This closed our interview, in which, as well as in all my conversations, you must admit that my entire course towards Mr. Coxe was that of one who felt desirous to arrange an unfortunate affair between two men who ought to be friends. How far I succeeded in this, subse quent events have shown. " I have not thought it necessary to detail all the remarks made between Mr. Coxe and myself, as they are not embraced within the inquiry contained iu your note, and could only tend to acgravatc feelings already too much excited. I regret thasf Mr.^Coxe should have made the statements he has, without showino- them to me, or, as is more usual amongst gentlemen, without^calling on me for a statement. Had he pursued eitfier of these courses, I should not now have been under tfie very un pleasant and painful necessity of correcting his version of out conversation. 1 have nothing to do with Mr. Coxe's and your disputes, and I know you will do me the justice to say, thaf^ situated as I have been for some time between you,. I have done all in my power to heal the unfortunate difference. Act- ino- as I have from the (then) most friendly feelings toward* you both, and delicately situated as I have been and am be tween you, I cannot refrain fi-om expressing my dissatisfaction at the ustf which has been niade of my name, and which has called forth this letter. Yours most respectfiilly, Mr. Wm. Henry Watkins. WM. L. BEENT."^ Comment upon this letter would be superfluous ,' no reader can compare it with Mr. Coxe's "version"^of the eonversafioHr without immediately perceiving the utter variance of the two statements. Before I dismiss it, I will take the occasion to say, as an act of duty and justice to Col. Brent, that in every con versation I have held with him on the subject, he has uniformly- evinced the utmost delicacy of feeling towards Mr. Coxe, and an anxious desire as he expresses it, "to heal the unfortunate difference." In p. p. 3, 4, of the pamphlet, after an artful and laborious^ but unnecessary, argument, tending to show, that I, with the in formation in my possession of the "decisive language" he had used, had rested quiet under it fi-om the 25th to the 29th o-f April ; and a quibble, quite worthy of its "paternity," upon the "discrepancy" between my first letter, and the " explana tory remarks" accompanying my publication of the correspon dence; Mr. Coxe, why or to what end it would puzzle CEdipus himself to divine, expresses his "confident belief," that I had never heard from an "authentic source," the very information which he previously insinuates I ought to have received four days before I These are his words: "Who is meant by the "authentic source," we are not informed; and in this state of ignorance, I cannot refrain from the expression of my confi dent belief, that it is another specimen of the entire freedoni which the writer feels himself authorised to take with facts." The reader will perceive by the letter just introduced, that Col. Brent was the authentic source alluded to, and that he- made his communication to me on the very day of the date of my first letter to Mr. Coxe— a fact which the public will proba bly think Mr. Coxe ought to have known, since he himself states, (p. 2) tliat the communication was made to Col. Brent "as the facnd ofthe family," and "with an assured confidence," that he would "procure from the family an immediate disavowal ! " I bttve not chosen to number this " discrepancy " among Mr. Coxe's refuted "assertions," preferring to let the public decide vltat difference there is between assertion and the expression of a confident belief. They may add it to the number if they Ifhink proper. 2d assertion. After quoting that portion of my 2d letter, in which I state the conversation held with him on the subject ofthe property, Mr. Coxe adds : " The absurdity and improbability of this story, for the truth of every part of which the writer has had the temeitity to vouch, must be manifest. How, if the verdict should be '/or" hia father, the United States could issue an execution, is be yond my comprehension ; and, had I been disposed to exer cise my inventive powers, it never would have occurred to my imagination. How the United States, in such a case, would have been entitled to • a preference over other creditors, is equally inconceivable. I must disclaim the paternity of such absurdities." p. 8. The following letter will enable the pub lic to determine, how far Mr. Coxe has a right to disclaim the paternity of such absurdities. "Dear Sir: The jury will retire this morning finally to de liberate upon the case of your father. What will be the issue God only knows. One thing however came out in evidence yesterday of which you ought to be apprised — that your father stands charged upon the books of the Treasury with the whole amount of money paid by the Navy Agents. Whatever there fore may be the issue of these trials the Government has the power of proceeding as they have done in Nourse's case and levying upon every article in the house, and I should not be surprised at their resorting to this measure at once. Under these circumstances I cannot but feel myself bound to urge up on the family to make some immediate provision for Mr. Jones and myself. We have made exertions and I may add sacrifi ces of no trifling magnitude. All our business has been ne glected for this. " If there was any possibility of preserving this property for the family I should not accept any thing, but with the imminent dano-er which cannot be averted of having every thing taken by the government I feel that I should do injustice to you as well as to myself were I not to urge an immediate attention to this matter. Tomorrow it may be too late. Yrs. in haste, R. S. COXE." " Mr. WitLiAM Watkin,s. August 7." It is proper to observe, that tliere is an anachronism in the date of this note, occasioned probably by the " haste" in which it was written, which, however, the first line of the note itself will enable the reader to correct— "The jury will'lretire this morningJ' By reference to Mr. Coxe's pamphlet, p. 9., or to the records of the Court, it will be seen that it was " on the 5th August" the jury alluded to, retired, " for no other did retire about the beginning of August." The importance of fixing its proper date to this note, will be seen hereafter. It was written on the very day that Mr. Coxe had the interview in the prison, from which he retired with a wound upon his vanity and selfconceit, which has rankled from that moment to this. The offence, it will be acknowledged, was tvell timed; for vihose interest, let the public judge. " Whatever therefore may be the issue of these trials," says Mr. Coxe, on the 5th August, 1829, " the Government has the power of proceeding as they have done in Nourse's case and levying upon every article in the house." — " I must disclaim the paternity of such absurdities," says Mr. Coxe, on the I6th May, 1833. 3d assertion. In p. 9. there is an attempt, by Mr. Coxe, to disprove, by argument as well as assertion, the " possibility" of my having held any conversation with him, because it could not have oc curred " the day previous to the delivery ofthe goods." When I stated that the conversation with Mr. Coxe " took place the day before the delivery of the property," I was under the im pression, that the delivery had been made on the day of the re ceipt of Mr. Coxe's letter making the demand. This impres sion was produced by recurring to the date of my father's order to deliver the property, and by the following words in Mr. Coxe's letter, "tomorrow it may be too late." I have since as certained, that the property was not actually put into the hands of Mr. Coxe's agent, until the sixth of August. It was late in the afternoon of that day, before any of the carts, employed to convey the property to the Auction rooms, left the dwel ling of the family, and when the last delivered its load, it must have been too late "to advertise" on the following morning. The advertisement therefore did not appear until the Sth as stated. This will readily account.for Mr. Mauro's " departure in this instance, from "his uniform practice." It was on the 4th of August, then, that the conversation took place, which Mr. Coxe denies to have occured at that " or at any other time," and he reasons thus : "Admittiiig, however, some inaccuracy in these minutia;, it is apparent that wc are compelled to fix upon the interval of one hour and twenty minutes, during which the jury were absent from the Court on the Sth August, as the period of the alleged conversation. That very day is fixed upon as the date of the interview behveen Mrs. W. and myself, to which reference is made in the pamphlet — and such is the truth. Oppressed and exhausted by the fatio-ue of a three day's arduous contest,I had left the Courtroom almost con temporaneously with the jury, gone to my residence, then in the immediate vicinity, and thrown myself upon my bed to en joy some repose, of which I was in great need. From this sit uation I was aroused by the information that the jury had re turned with their verdict, and by a request to see Dr. Watkins in the jail. During this interval, therefore, I neither saw W. H. W. nor had I any conversation with him upon any subject whatever. It was scarcely within the compass of possibility that what is related should then have transpired — in point of fact, nothing of the kind did transpire — then, or at any other time." p. 9. If the logic of this argument be worth any thing, to prove that the 5th of August was too busy a day with Mr. Coxe, that he was too much " oppressed and exhausted," too much in need of "repose," to bring it " within the compass of possi bility" that he could have held any conversation with me, it must be equally good to prove, that he could neither have had time, strength, nor spirits to have written the letter, which fixes upon him the "paternity" of so many "absurdities:" — and yet, "in point of fact," he did write the letter on that day, did hold conversations, with several individuals, whom he enumerates p. 11., and mightf without stretching very wide " the compass of possibillity," have also held one with me. But the whole argument is' thrown away ; and the assertion will be thought to deserve the same fate, if the reader will turn to p. 7. of the pamphlet, where he will find, in the quotation from my letter, that, after stating the substance of the conversation, I add, " you told me you would address me, on the following morning, such a note as you deemed best for the purpose." Such a note came to me on the Sth ; it was therefore on the 4th that "what is related" actually " did transpire." Other evidence will be given in the sequel. 4th assertion. " I can, therefore, unhesitatingly assert that I never did pro pose any plan to the individual who now asserts it, by which I waste receive or cover his father's property. — Such a proposi tion would in itself have involved the guilt of fraud, and in order to render it effective, must have been followed up by perjury, if questioned or denied." p. 10. Mr. Coxe has certainly a right to put what construction he pleases on his own proposition ; the motion was his, not mine; for, as I have elsewhere said, my mind was too much engross ed at the time by feelings of a far different character to have, spontaneously, admitted a thought of saving property. But I saw no fraud in the transaction then, nor do I perceive now, ^ how any such " guilt" could have been " involved" in it. If 8 Mr. Coxe had a legal right to demand the property as a fee, be must have had a legal right to dispose of that fee as he thought proper: either there could have been no "fraud" inhis return ing a fee legally paid to him, or there must have been " fraud" in the claim by which he demanded it. If his assertion be worth any thing, then is he "involved" in " the guilt of fraud:" if he be not involved in the guilt of fraud, then is his assertion worth nothing. Sth assertion. "I can also distinctly deny that I ever made a proposition to the accuser that he should assign or make over his father's property to me. The most childish fatuity could not have sug gested a scheme so preposterous as that one invested with no legal control over the subject, should thus exercise acts of own ership over his father's property. Had I been knave enough to hare sought to accomplish the object, I am not so low in intel lect, or so grossly ignorant of my own profession, as to have indicated the course which has been stated." p. 10. The following order will show, how I was "invested " with "legal control over the subject." "To Mr. William H. Watkins : "1 hereby authorise and require you to deliver to Richard S. Coxe, Esq. or his agent, the articles enumerated below, in trust for himself and Walter Jones, Esq. as a remuneration to them for their services in my behalf as my Counsel. . T. WATKINS. Washington Jail, Sth August, 1829. *' List of articles referred to above, viz : One Drawing-room Carpet and suit of Curtains, two sets Fire-irons, two Mahoga ny Card Tables, one ditto Centre Table, two large Mantle Glasses, two Hearth Rugs, two dozen Cane-bottom Chairs, one Tripod Lamp, one .Mahogany Sideboard, ten framed engrav ings, one pair large Brass Branch Lamps, one Chandelier, one Mantle Glass, two Mahogany Cabinets, one ditto Secretary and Bookcase, one ditto Wardrobe, six Mantle Lamps, one" half pipe and six demijohns Madeira Wine, four gilt Brackets, four pair Plated Candlestick.^, and three Bronze Candlesticks, and one hair covered Sofa. T. WATKINS." But, if Mr. Coxe believed, that I was " inrcsted withno legal control over the subject," how came he to address his claims to me ? There is no intimation in his letter, of my want of autho rity to "make over" my "father's properly" to him. He must either have thought, that i could h-gctlly " assis:n or make over " the property, or his letter wa.s an attempt to obtain ])osscssion Of It illegally. If it iudicatcl " //«- most childish fatuity " to suppose that Mr. Coxe might gcncrouslv restore what he could legally- recewe, what did it indicate to demand of me that I should "exercise acts of oicnership " over another's property so far as to give it to him in fee? I was no Lawyer, and might therefore be readily excused for believing, that what a lawyer required me to do, might be legally done. Mr. Coxe -is a law yer: and is therefore entitled to no excuse, if he required me- to do that which might not be legally done. 6tii assertion. " About the termination ofthe trial of Dr. W." &c. &c. "it was suggested to me by a highly valued friend, of unsuspected probity, and who has tendered his statement in corroboration of my own, that under these circumstances the counsel of Dr. W. had a strong claim to a remuneration for services," &c. &;c. " I concurred in the suggestion and availed myself of an early opportunity to mention the subject to my colleague. General Jones, who gave to the proposition his hearty approbation." — pp. 10, 11. Mr. John A. Smith, the gentleman whose statement is re ferred to above, says : " I have a distinct recollection of having after the verdict of the Jury which convicted Dr. Watkins in the summer of 1829, suggested to Richard S. Coxe, Esq." &c. &c. p. 17. That Mr. Smith made this suggestion to Mr. Coxe, I am willing to .believe, because he states that he has a distinct recol lection of it, and because I believe him to be incapable^of stat ing that which he does not believe to be true. 1 have as little wish, as I have need, to deny that he made the suggestion stated ; but I do deny, that Mr. Coxe acted under that sugges tion, and prove my denial from his own words. Mr. Smiih states that his suggestion was made " after the verdict of the Jury." — Mr. Coxe, in his letter to me, demanding the " com pensation," begins with saying, "the jury will retire this morn.- ing;" it is not, therefore, "within the compass of possibility," that his "claim to a remuneration " arose out of the suggestion of Mr. Smith; the claim was made before, the suggestion after, the verdict. And the intelligent reader will not fail to perceive, in the whole of Mr. Coxe's remarks about this suggested "claim to a remuneration," strong presumptive evidence of the conversation with me previous to his demand of the properly. 7tii assertion. " I concurred in the suggestion and availed myself of an early opportunity to mention the subject to my colleague, General Jones, who gave to the proposition his hearty approbation." p. 11. It is notorious, that, at this period. General Jones was ab sent, on professional duty, al Annapolis. Mr. Coxe himself says, p. 2, that "for several weeks" he " was opposed, singly, to the eminent counsel who prosecuted " &c. It is notorious. 10 that he was singly opposed only during the latter weeks ofthe trial. General Jones, therefore, was not in Washington, either on the day that Mr. Coxe made his demand for the property, or on the day that he " concurred in the suggestion" of Mr. Smith. If he did " mention the subject" to his " colleague," and that colleague " gave to the proposition his hearty approbation," both must necessarily have been done by letter. I assert that no such letter was written. General Jones was not here ; — he never gave his " hearty approbation," and he knew nothing of the circumstances until after his return home. 8th assertion. " Before Mr. B. P. Smith gave me a statement of what he had done in the case, which I forthwith exhibited to Mr. Brent, / have not been able to learn that my accuser ever had stated the circumstances upon which he now appears mainly to rely, of the /conversation with me the day preceding the delivery ofthe prop- jerty. It was, if I am correctly informed, ^rs< brought out after ythe parly had been told by Mr. Brent that his story was contradic ted by Mr. Smiih." p. 11. By referring to p.p. 6, 7, of the pamphlet, the reader will find '" the variety of shapes," in v/hich rumor conveyed to the ears of Mr. Coxe what I had said. To say nothing ofthe bound less charity, which could thus gratuitously endow me with the attributes of" this Proteus, in all its mutations," how did Mr. .Coxe imagine, taking any one of " the changes in the details," that the transaction, spoken of in them all, could have taken ¦place, without some previous letter, or "conversation"? That my " narrative," whether true or false, necessarily presupposed one or the other mode of arrangement, the most fatuous of my Jiearers and reporters could hardly have failed to entertain a consciousness. That I never intimated, that the arrangement was made by letter, must have been evident to Mr. Coxe, from the simple fact that I am not reported as having mentioned it to ^ single one of his many " informants" — and it is " scarcely within the compass of possibility," that I would have omitted to do so, had such been the ground of my statement. The un avoidable conclusion, then, which must have suggested itself at once to a mind so acute as Mr. Coxe's, was, that, frcmi the beginning, I had nothing else upon which " to rely" but " the conoersation." But there is still more positive proof, that Mr. Coxe was " cor rectly informed" that I " had. stated the circumstance" ofthe " conversation" some time "before Mr. B. P. Smith gave" him " a statement." For this irrefragable proof, the reader is re quested to refer to the following passage in Col. Brent's letter to me : "I stated to Mr. Co.rc, that I did not communicate, what you said, to him, because it was drawn from you by an 11 inquiry of mine, and because / believed there was a mistake n» your understanding of tlie conversation you had together." 9th assertion. '" Again — if these things were to be taken charge of by me for the family, how happens it" &.c. &c. that, " nearly four years should elapse without his ever intimating to me that an improper application had been made of this property 1" p. 12. The following notes will, probably, impress the public with a belief, that a pretty strong intimation was given to Mr. Coxe, that I, at least, felt myself authorised to inquire into the " apr plication" which " had been made of this property," an inquir ry which I could never have presumed to make, had I not ha4 some reason to expect a different " application" of it. October 13, 1829. "Dear Sir — Will you have the goodness to inform ma whether you have yet made any settlement with the auction- ¦eers for the property placed in their possession some time since — and if so, the amount of the proceeds, and what disposition has been made of it. " An early reply, containing the desired information, will much oblige Very respectfully, Yr .obt. svt. ^'R. S. Coxe, Esq." W. H. WATKINS." " October 19, 1829, " Dear Sir — I wrote to you about a week since, requesting to know whether you had yet had any settlement with the. auctioneers for the property I delivered to them, but not hav- ign heard from you upon the subject, presume that my note could not have been received. " Will you oblige me by saying whether you have yet had such settlement, and if so, the amount for which the property was sold, and what disposition was made of the proceeds ? I am very respectfully, yr. obt. svt." " R. S. Coxe, Esq." W. H. WATKINS." " Dear Sir — Yourformer note was handed to me by Mr. Smith a day or two since. I have not been able to obtain from Mr. Mauro an account of the proceeds of the sales of the articles referred to. They were placed in his hands with directions to pay half the pro ceeds to Mr. Jones and half to me. No settlement has taken place yet nor have I been able to see Mr. Jones on the sub ject, though during his absence every thing that was done waa with the knowledge and approbation of Mr. Lee his partner. Very respectfully, RICHARD S. COXE." " Mr. Wm. H. Watkins." October 19, 1829. 12 These notes, the reader perceives, were written and inter changed in October 1829, a little more than two months after the transaction occurred, and a few days after Mr. Coxe's return to the city, from a visit of several weeks' duration somewhera in the north. And yet Mr. Coxe avers, by a new mode of i«- terrogative assertion, that " nearly four years" elapsed, without my " ever intimating" to him " that an improper application had been made of this property" ! The fact that Mr. Coxe an- stoered my notes, shows that he considered me as having some right to make the inquiry — what right could I have had, but such as had been derived from a previous understanding, on my part, at least, that something would be generously restored to a family reduced to the extremest destitution ? Mr. Coxe's note will go far to establish another point, before noticed, that it was not the "hearty approbation" of his "col league, General Jones" which he declares he received, but the mere " approbation" of " Mr. Lee, his partner." IOtii assertion. " Mr. Brent never offered me the option of participating with him as an act of professional courtesy." p. 13. In his note to Mr. Coxe ofthe 17th instant, to be found p.p. 19, 20 of Mr. Coxe's pamphlet, Iilr. Brentsays — " When I first undertook Doctor Watkins' case, I felt a reluctance to embark in it, from professional delicacy, without consulting you and General Jones, who had been his original counsel." Not a word need be added to point out the difference between the two statements. 11th assertion. "In the most unequivocal manner I pronounce the assertion that every, or indeed any, apology was ever made or tendered to me by Mrs. W. to be without the shadow of foundation." p. 14. To show this unequivocal assertion in its true light, I am com pelled, very reluctantly, to resort to my father's private Journal, in which he has been,formany years, in the habit of preserving copies of his letters. There I find the two following notes ad dressed to Mr. COxe, on the days'of their respective dates — 1st. " My dear Sir: — I shall be very unhappy until I can see you. Can you notsparemeamomentthiseveiiing about eight o'clock when I shall be alone ? or, if more convenient to you, tomorrow morning at any hour before Ten,'' Your compliance will greatly ohlige Yr. grateful client. " .Monday afi;ernoon, (10th August.) " "R. S. Coxe, Esq." 2d. Washington Jail, 11th August 1S29, " My dear Sir, — Disappointed in the hope of seeing you last ni.?ht or this inorning, and too uneasy to be silent at the information communicated to me yesterday, that Mrs, W, and myself had unconsciously expi-essed 13 OUr;cWcs in a manner to offend, or wound your feelings, I am obliged to resort to tliig mode of appealing to yoer heart for forgiveness, The mo ment at which you saw us, was one of inconceivable niisery and affliction — my poor wife had but just entered, for the first time, the prison of her hus band, who, whatever n.ay be thought of him by others, will never be guil ty in her eyes. — Scarcely recovered from the first shock which the new scenes around her produced, she was thrown into agony at the abrupt and unexpected communication ofthe Verdict — her first desire was to see you, as the only being who could briiig her comfort — to keep her from sinking, I was obliged to assume a courage and deportment at war with all my feelings ; and when you came in, neither of us was far removed from a state of mental derangement. Under such circumstances, we may have said much, of which we were unconscious ; we may have spoken without thought, without knowledge, but most certainly also without intention to wound or offend the only person to whom we could look for consolation under the afflicting blow. No, my good,sir, suffer me to assure you, that egregious and manifold as may be my sins, that of ingratitude for kindness is not among the number. Your labors, your sacrifices, and your zeal in my behalf, have been as disinterested as they have been unprecedented; and were you even now to abandon me without doing more, I should still feel that my debt of gratitude to you was eternal. My wife has scarcely enjoyed a moment of peace since she heard the "cruel ingratitude" of our treatment to you spoken of, and has only been restrained from making a personal appeal to your generosity, by the hope that I would see you, and solicit your oblivion of all that we may have said unpleasant to your feel ings, " May God bless and prosper you. Sir, shall be the daily prayer of " Your grateful and obt, svt, "To RicHAED S, Coxe, Esq," ." It might possibly be said, by one so disposed to quibble as the author of the pamphlet under consideration has showa himself to be, that the apology made by my father was not an apology " tendered" " by Mrs. W." But Mr. Coxe has preclu ded himself from resort to this subterfuge, by the acknowledg ment contained iu his answer, which follows, that he received it, not only on the part of my father, but " that of Mrs. W." " Dear Sir: — Had I not entertained the belief that it would have been in my power to gratify your wish to see me I should earlier have replied to your notes. But circumstances have ¦from time to time disappointed that intention and I cannot lon ger leave you in pain at the idea of having offended me after you have expressed on your part and that of Mrs. W. that no thing was farther from your intentions. I was deeply mortified and hurt not only with various expres sions used by her but by her entire manner. It may perhaps in part be attributed to the state in which my feelings v/ere at the time. Altogether I was very seriou.sly indisposed, and an ticipated a violent attack of sickness. This apprehension is almost entirely removed but I still feel much indisposed, and have been compelled to be more exposed and more fatigued than in the same circumstances was desirable. Rest assured Sir that no feelings of mine could for a moment have induced me to think of abandoning your case at this stage of it. I consider myself as having a great public as well as pro fessional duty to perform, in which not only you but every cit- 14 izen of this nation has a deep interest. So long as the power is given me I shall continue to enter my solemn protest against the monstrous principles which it has been attempted to engraft on the law for the purpose of bringing you to punishment. I shall probably be .again called upon today to proceed in the case, and it requires the exertion of all my energies — Yrs. respectfully R. S. COXE. Aug. I2th." Besides the " unequivocal" contradiction, which these let ters afford to Mr. Coxe's uneqtiivocal assertion on the subject of them, the reader will hardly fail to perceive another point in them, tending strongly to confirm my statement as to the prop erty. It will be observed that Mr. Coxe's services are spoken of as "disinterested" — at that time the property had been given up to Mr. Coxe ; it must have been the impression ofthe family, therefore, that Mr. Coxe did not design to profit by the sale of it, or, however highly they might have estimated his labors, they could never have applied to them the additional merit of disinterestedness: I2tii assertion. Speaking of a note received from my mother, "requesting an interview," Mr. Coxe says: "This interview I, in the most res pectful terms, declined." Some individuals, perhaps, of high-minded and honorable feelings, may think that the mere fact of declining tho request ed interview, all circumstances considered, is sufficient evidence that it could jioJ have been done "in the most respectful terms;" others may require different testimony, and for the satisfaction of these, I submit the "terms" in which the interview was "de clined." Madam: — Since my return home I have learned to my great surprise that remarks and strictures have been made upon my conduct by yourself and others of your family as unjust as they are ungenerous. Under such circumstances I can anti cipate no other consequences of an interview than such as would be mutually disagreeable. I must therefore be permit ted to decline it. If my professional services can be of any avail to Dr. Watkins they may be commanded. " Very respectfully " RICH'D. S. COXE. "Mrs. AVatkins." Oct. lOth, 1829.'" I3th assertion. As a part ofhis "unequivocal" disavowal, that any apology had been made to him by my mother, he admits with equal infelicity, that "Dr. Watkins, about the time of the application for his release in January 1830 — did express the regret which he and Mrs. W. felt," &c. &c. p. 11. 15 The reader has seen, that it was in August 1929, immediate ly after the unconscious offence given, that he "did express the regret," &c. I might extend this enumeration of refuted assertions to an equality with the sum of pages in the pamphlet, but I fear ta trespass upon the public patience, and must hasten to a con clusion, even, though many important points may be omitted. Mr. Coxe has sneeringly observed, that, as a compensation for his unexampled labors, sacrifices, and services, he has "re ceived about $300 in money, a few gallons of ordinary wine,, an invitation to the field, and finally, an attempt publicly to degrade" his "character." I aver, on the contrary, that I. delivered to his agent, for him, property to the value of more than $2000. If he chose to throw that property into the mar ket, to be sold without restriction, at any sacrifice, it was his own fault. It is not the amount for which Mr. Coxe thought proper to sacrifice the property, that constitutes what he receiv ed ; but it is the amount and real value delivered over to him. His "few gallons of ordinary wine" are scarcely worth a word — there is no disputing about tastes, according to the proverb — ^but I sent him six demijohns, containing thirty gallons, and a half pipe, which I believed to contain fifty gallons (Messrs. Mauro &¦ Son say " about 40 gallons " ) of Madeira wine, the importation price of which was $3.44 a gallon. Of this I had said, that General Jones only received a. small portion: from the statement of Messrs. Mauro & Son, it would appear, that. he did not receive any portion — they say "the whole ofthe wine both in cask and demijohns was sent" to Mr. Coxe. It would appear, too, from Mr. Coxe's statement, that I had got back part ofthe property delivered to him, being "a purchaser" without having ever paid my "bill of purchases." I was not at the sale; but at my request, the auctioneers bid in for me ' " a sideboard and sundry books," as they express it in their note to Mr. Coxe. The books were an edition of Don Quixote and an edition of Gil Bias, both in Spanish. The sideboard was struck off at $31, and the books at $1.95, making the amount of my "bill of purchases" $32.95. I did not feel my self under any obligation to pay this bill, because in addition to the list of articles contained in my father's order, I had de livered to Mr. Coxe's agent upwards of 300 volumes of books, ' the value of which was certainly more than sufficient to cover my "bill of purchases," and to have saved me from this sneer. Mr. Coxe, with the haughty and triumphantflourish ofonewho; stood upon a height to which Idared not even lift my vision, leaves the issue between us to be decided by his reputation for "honor," "veracity," and "integrity." ijis name, he proud ly exclaims "has not been ordinarily linked with falsehood." Ordinarily ! No ! And the reader will no doubt be ready to admit, that the link between them has been most ea;«raordinary. 16 I am willino- to take the issue where. he leaves it — I fearnotto trust my cb.aracter for honor, veracity, or integrity, to the scru tiny ofthe world. In those attributes, at least, if not in " com mon sense", I hold myself equal to Mr. Coxe, or to any man. My name has never been " linked with falsehood", and I defy malignity itself to point to a sirgle passage of my life where 1 have descended from the level of a gentleman. Before I conclude, I must bo permitted to say a few words in relation to the manner in which M-r. Coxe has chosen to in troduce the name of my father. He has nothing to do with this dispute — it is mine, not his ; and I trust the motive of Mr. Coxe will be correctly understood by the public. If he can reconcile it to his professed "principles," it is well ; but lean- not think the act will gain him honor among his fellow men. My father, unhappily for us all, is still in a state of mental suffer ing and depression, which shuts him up from the world, per haps even more entirely than when locked within the walls of. his prison. To drag him again before the tribunal of public opinion, after all that he has experienced, and in the state of mind to which obloquy has reduced him, may, perhaps, be grat ifying to a few individuals who, in the scale of being, hang be tween the human and the brute, but I cannot think so ill of man in general as to believe, that there are many, even of those who may think they have most cause to be his enemies, who can take pleasure in such an exhibition of him. Whatever may have been his failings, his imprudences, his errors, I be lieve him to have sincerely repen:.Td them ; and his family, who know him best, know, that, even in his least defensible acts, his heart never for a moment admitted a criminal intention. To others, the consequences ofhis faults have been trivial — at most, the loss of a little money ; — to his family, they have been almost ovcrw^ielming ; that they have not. been altogether fatal, will perhaps be taken by the public as. some evidence, that they at least are not wholly undeserving ofthe respect iu which they are still held by a few " families ofthe highest worth," and that /, who have been their only suppcfrt a^nd stay, cannot be the infamous character Mi'. Coxe' depicts me. But ho\vever the public may differ from his family, iu their estimate of my father's character, ofthe atonement he haS already made for his faults, ofhis future intentions, and ofthe claims which these give him to the forbearance and forgiveness of a christian community ; still, we live in a country where neither honors nor dishonors are hereditary — where his family have a right to demand, that they be judged, not by his pretensions to respect and esteem, but by their oivn. And, while I hold to them the relation which I do, so help me the God in whom I firmly trust ! they shall be so judged, whatever may be the efforts of Mr. Coxe to the contrary. WM- HENRY WATKINS. 25/ft. May, 1833. YALE UNIVERSITY LIBRARY 3 9002 01761 0982 .1 Ti!'