The New Hampshire Gazette And Historical Chronicle

The Public having been amused for some Weeks past, with an Account of the Affair between Mr. Cunningham and Mr. Forsey of New-York,

wherein it was represented that Cunningham had dangerously wounded Forsey, by running a Sword into his Breast, as mentioned in our last Paper; we therefore insert Cunningham's Account of the Matter, that the Public may judge, to whom they appeal.

From the New-York Pacquet, August 29.

R. Forsey, whose Resentment is not to be cooled by Time, or softened by Reflection, after seeing me imprisoned till he was quite out of Danger—indicted for the Breach of the Peace—and eagerly prosecuted for his private Damages, cannot content himself with the Satisfaction the Law will give him, or the Punishment it may inflict on me; but is resolved, also, to appeal to the Public.

Altho' I sincerely lament this unfortunate Incident, I owe too much to myself to suffer it to be thus publicly exaggerated and misrepresented.

The Act itself I shall not attempt to justify, Sensible that the Laws of our Country forbid us to exercise our Resentment, let the Provocation ever so aggravated: On the contrary, I, with Pleasure, reflect that ever since it happened; I have been ready and have offered to make Mr. Forsey all the Compensation in my Power, for the Pain he has suffered, and the Danger and Expence he has been exposed to; and nothing but an inflexible Resolution to act with the utmost Rigour, on his Part, could have prevented such a Composition, as became any Man, in his Situation, to expect, or, in mine, to submit to. But.

What will satisfy One, who is so keen in his Inveteracy, that, in the Opinion of many who attended him, he recovered with Reluctance, because it might free me from the Danger of answering for his Death! From a Temper so implacable, it would be vain to expect a Representation either candid or dispassionate: I am therefore under a Necessity of setting the Matter in a true Point of Light, which, I flatter myself, must so far vindicate my Conduct as to fix upon Mr. Forsey the Charge of being the Aggressor, and of treating me, unmeritedly, with such Rudeness, as it would be difficult for the calmest Mind to receive unruffled, or pass over unpunished.

The Bill mentioned in Mr. Forsey's Narrative was drawn the 28th December, payable at thirty Days Sight, for 150 l. Sterling, for Monies advanced for him and his Brother. I presented it, and obtained his Acceptance the 28th January, having, from the Time it became due, to the 14th May, frequently, sollicited Payment, without Effect. I presume every Man acquainted with the Nature of Exchange, will readily admit, that a Forbearance of two Months and an half, under these Circumstances; intitled me to Mr. Forsey's Gratitude, as, had any Accident happened to him, I should, undoubtedly, have been answerable to the Drawers, for not pursuing the Steps the Course of Trade requires.—At length, finding my repeated Applications fruitless, I determined to get the Bill protested, and returned, which I acquainted Mr. Forsey, on Saturday the 14th of May, should certainly be done that Afternoon, unless the Money was paid; and that I might not lose the Opportunity of forwarding it by the next Monday's Post, I delivered it to Mr. Emott, that it might be in Readiness. On Thursday Morning of the 19th May (and not on Monday, as Mr. Forsey asserts) he called at my Office to discharge an Account, and there was informed that the Bill was returned, by the Way of Philadelphia; even then he made no Offer of Payment; he cannot pretend he did; nay, not above ten Days before this Misfortune happened I told him, at the Coffee-House, that I would still accept it: to which he answered, that it was not in his Power to pay it, for he had no Money.

After a Conduct so friendly to Mr. Forsey, I could not but be extremely provoked at his Letter to Me. Torrans and Company, complaining, in the rudest Terms, of ill Treatment in this Transaction. I shall not dwell upon Particulars painful to a Man of the least Sensibility. The Letter is already laid before the World, who will judge of it: Nor shall I recriminate on Mr. Forsey, by entering into his Character, or his Circumstances. I leave it to them who best knows us both, to determine between us.

The only Pretence, assigned in Mr. Forsey's Narrative, for the unjust Severity of his Letter, is my Refusal to accept a Bill, on London, in Payment.—I wou'd ask Mr. Forsey what Right a Factor has to take one Bill in Discharge of another?—Whether he does not, in such a Case, make the Debt his own, and become answerable to his Employer for it at all Events?—And whether, from his Situation, he had any Right to exact so unreasonable a Favour from me?

But, to put the Point out of all Question, I am obliged to add, that, at the very Time, it was well known that several Bills, endorsed by Mr. Forsey, were Noted for Non-acceptance; and one I remitted, which afterwards came to Hand and was paid for the Honour of the Drawer by a Merchant of this City, I had then Advice, was protested. This was, surely, Reason enough for any Man, however inclined to treat Mr. Forsey with the greatest Tenderness, to act with the Caution I thought it my Duty to do.—I did not indeed mention my Motives to him, because I was sensible how disagreeable a Conversation on so delicate a Subject must have been.

But, after all, why was the Matter so highly resented? Surely it could have been of no Importance to Mr. Forsey; for if the Bill was a good one, or his Credit unblemished, he could not possibly be prejudiced, as it must very readily have commanded the Money.

Mr. Forsey, to justify his Aspersions has given the World a Copy of Messrs. Torrans and Company's Letter, which censures me for refusing the Offer of the Bill. Had these Gentlemen previously favour'd me with their Directions on this Head, there might have been a Propriety in publishing their Sentiments: But as this is not the Case, it can be of no Consequence what they, in particular, thought of my Conduct.

The only Question I can be concerned about is, whether I really acted right, and such a Part as became a faithful Factor? And this I freely submit to the Determination of the Impartial.—It is farther to be observed, that these Gentlemen, being at a Distance and unacquainted with the Circumstances which influenced me, and which might and doubtless would have had the same Effect on them, had they been as well informed, could by no Means be competent Judges of the Transaction; and therefore their Opinion must be absolutely insignificant.

Altho’ I am not fond of publishing a Correspondent's Letter, not thinking it altogether allowable, without Permission; yet, from the particular Nature of this Case, I am obliged to lay before the public, Extracts from two of Messrs. Torrans and Company's to me, on the Subject of this Bill; from which it will appear, that whatever Condescensions they tho't proper to make to gratify Mr. Forsey, in their real Opinion, I was chargeable with the Bill for keeping it so long unprotested as I had already done: and my Conduct, in any other Respect unblameable.

The 31st of May they use these Expressions,

"Since Messrs. Forsey's and —.—Bills are accepted, we hope you do not mean to return them."

And, the 15th of June, they wrote thus—

"By Capt. North from Philadelphia, we have now your Favour of the 14th ulto, handing us Protest for Forsey's Bills, of which your Account is charged £.278 3 0 York is £.1112 12 of Currency. We think it hard to have accepted Bills returned us, when the Accepters are able to pay; however, we doubt not, but you had Trouble enough with it."

To shew the Idleness of Mr. Forsey's Complaint respecting the Brigantine Dispatch, I need only relate how she was circumstanced, and what Part I acted. Being freighted by two Houses of Carolina, to carry Sugars from Havannah to London, she put in here in Distress. Mr. Forsey, her Owner, applied to me, as Agent for the Freighters, for my Consent to re-ship the Cargo in a Vessel in the Transport Service. Having Nothing from my Employers to justify so extraordinary a Step, I did not conceive myself at Liberty to comply with it. The Vessel was then unloaded, to be repaired; and all I did was to employ the Wardens of the Port to examine and make Report of her Condition; they, upon Inspection, certified, that she was not in a Condition to perform the Voyage, even when she left Havannah. Their Report, with my own Protest in Consequence of it, I forwarded to the Owners of the Lading, that I might discharge a Duty I thought, and every Merchant will agree, was indispensible.

Sensible how unexceptionable my Conduct had been towards Mr. Forsey, and what little Room I had given him to complain; his abusive Letter made the deeper Impression on me. Therefore could not refrain from taking the first Opportunity to ask an Explanation from him.

The Conversation he has related, tho' not with the strictest Truth, for he might have mentioned my Offer to lay his Letter before any two Merchants; and be content with their Decision as to the Satisfaction he ought to give me; and that he refused it; And had he meant to lay the whole Case before the World, as he alledges, he should not have omitted the Gentleman-like Proposal he made —to box or cudgel with me; and that he absolutely declined to give me any other Satisfaction.

In the Morning, when I expected he had Time for Reflection, I desired a Gentleman to repeat to him the Proposals I had made in the Evening; but the only Answer that could be obtained, was, that he would horse-whip me at the Coffee-House. The same Resolution he had related to many in the Evening, at Tavern; and that Morning, at the Coffee-House, and elsewhere; and actually changed his Whip twice to get a proper one to do it effectually.

A little after Twelve, I was returning from the Grand Jury, who had sent for me as a Witness; and then heard from several Persons, of Mr. Forsey's being at the Coffee-House, and of his Declaration that he waited there to horse-whip me.— —Highly enraged at such insolent Treatment, I snatched up my Sword and Rattan, and went down to meet him.—I believe it never was heard of, that a Person who declin'd engaging another with Weapons, should afterwards attempt to whip him, without being prepared to defend himself at all Events: I therefore, had the greatest Reason to think Mr. Forsey was properly armed to support his Threats; or, if that was not the Case, I was determined to correct him with my Rattan at the Point of my Sword.

On my approaching him he touch'd me on the Shoulder, and ask'd me what I thought of an Horse-whipping? I desired him to make no Noise in the Croud, and we stepp'd aside. Passionate Words immediately ensued, and he butted and raised his Whip, and I then drew my Sword upon which he turned his Back and fled.
If Mr. Forsey really imagines, as he represents, that I was going to make a Thrust at him, his Fears deceived him, for I had no such Intention; and had he stood he would have received no other Injury, than what a Rattan cou'd have done him. However, I unhappily determined, that, after behaving with so much Insolence, he should not escape unexposed; and I therefore pursued him, with an Intention to whip him with the Blade of my Sword: It is plain I meant Nothing further: for when I overtook and struck him three or four Times with it over the Shoulder, I could, with equal Facility, have run him through. Had Mr. Forsey submitted to this small Chastisement, which the unprejudiced must think he merited, the Affair would have ended here: But he suddenly turned about, and, with the butt End of his Whip gave me a heavy Blow upon my Head, which had well nigh deprived me of my Senses and brought me to the Ground. He was preparing to repeat the Blow when he received his Wound. Those who have Sensibility to feel an Injury, and Candor to confess the Weakness of Human Nature, will not suffer Prejudice or Severity to govern their Censures.

Mr. Forsey's Apology for declining a Combat, is too trifling to deserve Refutation. It is a Secret to me, and, I believe, to every Body, that he is so near sighted as he now pretends; nor did he urge it at the Time. From his own Account he could see to parry a Thrust; and was not afraid to engage with Cudgels. Besides, even were his Eyes as bad as he represents, most certainly many Methods could have been devised to put us on an Equality, had that, and not a Want of Spirit, been the real Obstacle.

Waddell Cunningham.