VII.

“They stare their daddy in the face;Enough of aught ye like, but grace.”

“They stare their daddy in the face;Enough of aught ye like, but grace.”

“They stare their daddy in the face;Enough of aught ye like, but grace.”

“They stare their daddy in the face;

Enough of aught ye like, but grace.”

On the 24th of February, Mr. Hunt seemed first to have awakened to the fact that there was any cloud in the sky, and begged me in all kindness to tell him the ground of my sudden dissatisfaction. Of course, the missing letter could not have been written before that time. After I replied to him, alleging the grounds of my sudden dissatisfaction, he replied by calling on Mr. Dane, as Mr. Dane's letter to me shows. I was not only unable to find any place where Mr. Hunt's explanatory letter might have been missing, but I could not find a place where it could have come in.

But I let that pass. There seemed to be nothingmore to do, and if there had been, I was too tired to do it. I thought the affair, like David's destructions, had come to a perpetual end, which, if not absolutely satisfactory, was at least relatively so. There are very few kinds of peace which are not better than war. I was not sure I had done the wisest thing, and as I wrote to Mr. Dane in review of it, “to speak the truth in love, I don't much care. That is, the whole affair had become so utterly tiresome to me that I long ago grew indifferent to it. How the business part of it should be settled, I little cared. What I really had at stake, is lost.”

RENEWAL OF HOSTILITIES.

BBUT the traces of battle had hardly begun to be obliterated, when an unexpected circumstance suddenly rekindled the flames of civil war.

My sorrow's crown of sorrow had been that so bewailed in the lamentations of the prophet, that there was no sorrow like unto my sorrow; but by the chance of a word, without any revelation on my part, I discovered that a friend of mine was, and had been for some months, going through the same pleasant process which I had been enjoying. The similarity of operation was, in certain respects, remarkable. No accounts had been rendered for years, the author trusting entirely in the friendship of his publishers; so that of course there were no papers to be produced. But there was the same change from a still higher percentage to a lower fixed sum; the same assertion on the one side, of a full explanation made and accepted, which explanation was totally denied on the other; and the samedeclaration of regard for the author himself. The case was more aggravated than mine, not only because the author in question had been of an immeasurably higher standing than I, but also because he was dead, and the apparent exactions were made upon those who were dearest to him in life, and who were dependent upon the fruits of his genius. So then, mine was no longer an isolated case, but part of a regular system. How many of the writers who had received reduced pay had really and intelligently agreed to it, and how many had found it, like greatness, thrust upon them, and had accepted it on the representation of its being universal, rather than make an ado and appear churlish? My friend certainly denied that any explanation had been made, or even that any notice of the change had been given her beforehand, and she rebelled against the change as soon as she did know it. Now, it is hard fighting just your own battles, since no matter how right you may deem your cause for quarrel, still itisa quarrel, and a mere personal altercation has always something in it petty and demeaning; but if you can fight for somebody else, you mount at once to higher ground and gain the vantage. It came to me at once, as clear as light, that I was doing exactly what Messrs. Brummell & Hunt had wisely counted on our all doing, in case we did anything;that is, fretting a little, perhaps, but eventually letting it all drop, silenced if not convinced. Was it not the height of presumption for any one son of Jesse to come out with a sling and a stone against this Goliath of the publishers? Would it not be ridiculous to charge with injustice this house, whose praise for liberality is in all the churches? Of course in discussing the details of the business, the author would have to go entirely out of his sphere, while the house would be perfectly at home. Still I thought if I could not be a stone in the forehead of my giant, I could be a thorn in his side.[8]If he were honorable and just in his dealings, no charge could harm him. If he were unjust, no reputation could save him. If his gains were well-gotten, investigation would only establish him more firmly in his right way. If they were ill-gotten, it might be possible to prevent his repose in enjoying them, if he could not be induced to give them up, and he might thus be deterred from further ravage upon the unwary. The best way to serve the general weal was to take up my own relinquished cause. I accordingly once more put my hand to the plough, resolved not to look back till I had drawn a straight furrow through my pleasant fields.

While I was reflecting upon total depravity, preparatoryto a renewal of hostilities—there may be a sudden transition from metaphor to metaphor, but let us all be thankful if nothing more than rhetoric becomes demoralized,—the following note came from Mr. Dane, to whom I had communicated the tale of Mrs.——'s fancied or real woes, August 10.

“Whether those five postage-stamps pasted firmly on the first page of your note were intended as a birth-day present, instead of the Family Bible which I had some reason to think I might receive about this time, or as payment of arrears for servicesin reM. N.vs.B. & H., I do not know. I might add,—but will not for fear of being sarcastical,—that it is far more than I expected either way, and that such munificence is more illustrative of the generosity of the giver than of the deserts of the humble recipient.

“And now I have a profound secret to impart to you and your nine particular friends. I have kept it two days, and had some thoughts of never telling you, but since you claim the relation of client, I am not at liberty to humbug you,—pardon the inelegance,—as I cheerfully would do were you only a dear female friend. Well, Mr. Edwards called Saturday, and saying to him that I spoke, as St. Paul always speaks to you when you don't agreewith him, by permission and not by my own inspiration, I renewed our griefs ‘Jubes renovare dolorem?’ and told him all. He, though like the rest of us, true to his client, is evidently intimate with Mr. Hunt. He said B. & H. are willing, and propose to Mrs.—— that the contract which Mr. Edwards has made with them, that she should receive twelve cents a volume on the sales, shall be given up, and that they will refer to two gentlemen of satisfactory character the matter of her future percentage....

“Then with that admirable frankness which is so natural to me, I said to Mr. Edwards that Mr. Hunt had made a great mistake with you; that you had accepted his commercial civilities as personal regard, and that he ought at least to keep up the standard of his conduct to common civility in his correspondence, etc., and that it was only because you would not follow my advice that matters were allowed to rest; thatmyopinion was, you had not received a just, much less a liberal share of the profits, and that I had urged you to propose to refer the matter of percentage to some disinterested person, which I thought they could not decline.

“Mr. Edwards at once said, ‘Mr. Hunt shall do that. That shall be done at once.’

“Evidently Edwards thinks he can induce Hunt to propose that to you, and will endeavor to do so.

“Now, I thought at first I would not let you see my hand in the matter, but that is, on reflection,not quite fair as between man and man,—using the word in its largest sense, embracing woman. Wherefore, pray do not call on B. & H. for any account just now, but wait and see if they do write you, as Edwards is sure they will, proposing to satisfy you in this way. If they do then you must accept the proposition, provided the past be also included, for it is the past which made you dissatisfied. You have not yet concluded yourself as to past or future, so far as I know; and if the best man in the world says you ought to have no more than has been allowed youIsay we ought to be satisfied. The money I gave you ought to last longer than this. If you want a hundred dollars send me an order on B. & H., and I will present it and send you the money, and that will not commit us to their percentage.

“Now I expect partly that you will be vexed at my meddling with your affairs in this way; but fiat justitia, etc., whoeverrue it.”

M. N. TO MR. DANE, AUGUST 11, 1768.

“Unquestionably youneedthe Family Bible more than the postage-stamps, which I didnotpaste on. It must have been the dog-days that did it.

“Of course I am not vexed at your meddling, and you only say that, as you express it, shamming. I hate to have the thing come up again, but it maybe more effectually laid by it. One thing, though, if all the men in the world say I have had enough, it will not alter my relations toward Mr. Hunt. That is, if he proves conclusively that his terms have been just and liberal, I shall still think that his course toward me since I began to make inquiries has been ungentleman-like, unfriendly, and calculated to arouse instead of allay suspicion, and that Mr. Brummell was grossly impolite. So, after all, what will be settled by a reference? Nothing but the money affair, which indeed, as it involves justice, is much, but as it does not involve regard, is little. However, integrity is all the world wide from and more than good manners. I will not send for any account or money either. I let a friend have my money for a few months to accommodate him, so that I am penniless again; but I can borrow plenty, and Fred and Fritz are as good as new milch cows in a house. Why I am in such a hurry to write is, that I have a letter from Hyperion this morning, in which he seemed to think you would be the proper person to act for Mrs.——, rather than Sir Matthew Hale, who is occupied with the weightier matters of the law. Now I do not want you to act for her. It would look as if you made it a personal matter; as if we were persecuting Mr. Hunt, which is not true. Mrs.——'s affair is as entirely different from mine as if I did not know her at all....I will let you know as soon as I hear from Mr. Hunt. What day did you see Mr. Edwards? I had a letter yesterday from Smilex conjuring me to write for the ‘Heretic,’ and offering me good pay, but not stating what. I have not answered it yet. I am in a strait betwixt two, not to say half a dozen.... If B. & H. send to me, how will it do for you to come down? I will pay your fare, and you can board round!”

MR. DANE TO M. N., AUGUST 14.

“How foolish in you to expect Mr. Hunt to make you any such proposition. He never will, though Mr. Edwards seems sure he will. What do you care when he called? Call it the day before I wrote last....

“One little matter of business. You request me not to act for Mrs.——. If you expect me not only to transact your business, but also not to transact any for anybody else, you will see the necessity of your charging yourself with the support of my family, largely dependent on my business income for their thrice daily bread....

“As to writing for ‘The Heretic,’ you doubtless desire my opinion, though diffidence or something prevents your saying so. If it was not a dream of yours that they offered you a million, tell them you will accept that proposition. If you don't publishsomething soon, I have no doubt you will have a congestion of the intellect.

“The ‘Respectability’ is nothing compared with ‘The Heretic.‘ As you write under your own signature you will not be responsible for the rest of the paper. You want the pay,—to lend to your friends, who will increase, as your capacity to lend is known to increase.

“And now farewell; and don't expect any such letter from Hunt, though he may probably write something.”

MR. DANE TO M. N., AUGUST 21.

“What did you send Mrs.——'s letter to me for, if you don't want me to have anything to do with her affairs? Still,homo sum, I am somewhat of a man, and although forbidden to advise Mrs.——, am interested in general history.

“You did not promise to tell me how you disburse your money; and what good can it do for me to know that you have thrown it into the sea, or laid it up where moths and rust do not corrupt? You are not fit to make loans as matter of business, as perhaps I intimated to you soon after our chase after that hundred dollars which was in your basket. I hope you will help all you can. There is no better use for money, when one has plenty ofit, and I trust your efforts in behalf of young doctors and things will be sanctified to their and your everlasting good.

“As to sending for B. & H.'s account, I have no expectation that they will take any notice of Mr. Edwards' advice, or make you any proposition....

“The question is, do you mean to take just what they say, or do you propose to insist on more than the fifteen cents per copy?

“As you don't and won't take my advice and make them do right, you must decide what youwilldo.”

M. N. TO MR. DANE, AUGUST 22.

“Why I sent you the letters, was because I was interested in the case, and what I am interested in it is proper you should be likewise. All is, I don't want you to loom up as her advocate; but if you know the circumstances you may perhaps, in a quiet way, keep her from falling into a ditch. And so you being wise as a serpent, and I harmless as a dove, we may perhaps circumvent those wicked and unprofitable servants....

“Moreover, as you have already observed, the case does bear directly on mine. Not only do they profess themselves willing to compromise with Mrs.—— on ten per cent., but in this letter ‘they say’ that ‘even B. now has only ten per cent.’ (from which I infer that he has had more). ButMr. Hunt, in this house, told me that they did by me just as they did by B.

“Now I do not feel disposed to let the past go. They have not done by me as they have done by others. Why would it not do for you to make the proposal to them since they do not make it? I would just as soon make it, if you say so. Perhaps it would come best from me in a letter to be delivered by you. I have no sensitiveness whatever about it. I am as hard as steel towards them. They are so bungling that I could find it in my heart to be indignant....

“I do not propose to insist on ten per cent. to the extent of taking my books away from them, but Iamready to propose a reference. If they agree to it, I think it would be a good plan to find out what is the custom of other publishers, Troubadours, for instance, and a few more of the leading ones.

“I will also get one or two more of B. & H.'s authors. You see I am prepared to do now what you wished me to do long ago; but do not plume yourself on that fact, for the timing of a thing may be as strong a test of wisdom as the doing of it. I must keep you in proper subjection at any cost.

“Mr. Heath, of the Ancient and Honorable, came down to see me, Tuesday, but I was away.

“Three hundred dollars for what I can do is more than five thousand for what I cannot....

“Monday morning.It has all come to me as clear as day what to do. You find out when the prices of the books went above $1.50. Until then, ten per cent. and fifteen cents were the same thing. In 1763, they had not gone up. Then cipher out from my accounts precisely how much is due me on all the books at ten per cent. Then send the papers to me and I will have Fritzproveyour figures, Fritzes being good at ‘figgers.’ ThenIwill write to Mr. H., saying I have been made acquainted with Mrs.——'s affairs, and that he offers her ten per cent. or a reference, and that I wish he would make me the same offer. You shall see the letter, and you will see that it will be very wise, and Idon'tsee how he can reject, and I think he will pay the arrearage. I will tell him exactly what is due according to my thinking, and if he sees the sum all reckoned up for him, he would rather pay it than have any more fuss. Probably the reason he has not paid before is, that it was such a hard “sum” to “do.” He must see that I shall be a thorn in his side as long as I live, and we, all of us, live to be eighty.”

M. N. TO MR. HUNT, AS REFERRED TO IN THE PRECEDING LETTER.

“On the 3d of August, I went on a visit to Mrs.——, and there learned for the first timethat her relations with you were not satisfactory to herself. Since then, she has reported to me somewhat of her proceedings,—and among other things, that Mr. Edwards says that you say that even B. now has but ten per cent. But I understood you to say the last time you were here that you did by B. just as you did by me. Also, Mr. Edwards says that you are quite willing to pay Mrs.—— ten per cent., or to refer the matter to disinterested persons for decision. I understood from you when the second contract was made, that you were going to do by all just as you proposed to do by me. I understood when you were here that you had done by all just as you have done by me. But Mr. Edwards reports you to have said that you pay B. ten per cent., and are willing to pay Mrs.—— ten per cent. C. says you pay F. ten per cent., and G. says you pay her ten per cent. Why, then, should you not pay me ten per cent.? You have paid only six and two thirds and seven and one half per cent. on a large part of the books. So long as the price of the book was $1.50, ten per cent. and fifteen cents were the same. After the price went up, they were not the same. The difference it would not be hard for you to ascertain from your books, and this difference, I believe, you ought to pay me. If you think youought not, have you any objection to refer the matter to disinterested persons of good character and capacity? Of course, I know that legally I have no right to go behind a contract, and, therefore, no legal claim upon you for additional money on those books that are named in the contract.”

COMMENTS OF MR. DANE TO M. N., SEPTEMBER 5.

“And so you have sent your letter. Much good may it do you. My private opinion is, that you wont get much of a reply. All the money you will make out of the frolic is, that possibly they will allow you ten per cent. or more on future sales. As to the past, the woodchuck left that hole, when you so verdantly assured Mr. H. that you had no idea of making any claims for arrears; and any amount of barking (pardon me, but the unity of the figure must be maintained at any cost) will not scare out another animal.

“Man is not a rhinoceri-hos that his skin should not be pervious, and your arrows will rankle in the ‘firm’ skin of B. & H.; but business is business, and, though a prophet spake unto them from above, a larger, louder profit speaks to them from below. By the way, don't consider my fees contingent on the arrearages. Arrearages don't maintain families.... I want to see you. Perhaps you will come over and get that money of B. & H. for arrearages. But don't wait for that.”

M. N. TO MR. DANE, SEPTEMBER 7.

“It is easy to see from the altered tone of your letters that you consider my case hopeless. Formerly you were deferent and sympathetic. Now, wounded dignity forbids me to say what you are, but, I repeat with Mrs. Porcupine Temper, in the reading-book, ‘Never man laughed at the woman he loved. As long as you had the slightest remains of regard for me you could not thus make me an object of ridicule. Happy, happy Mrs. Granby!’

“I wonder, however, that you should not have taken warning from the great failure of Louis Napoleon anent Maximilian,[9]and waited till I was actually overcome before you waxed fat and kicked. The figure may seem rude, but, besides being apposite, it is Scriptural. I wish you were susceptible to ideas. You pounce down with melancholy persistency on the fact that I assured Mr. Hunt I had no idea of making any claims for arrearages, which, by the way, is no fact at all. What I assured him was, that I had no intention of taking my books out of his hands. (That is what I meant by not meddling with the past.) Nor had I; nor have I now even—but never mind that. The point is—now do squinny up your eyes and try to see it, there's a dear, you cannot think how nice it feelsnot to be stupid—the point is, when I told Mr. Hunt that, or when I talked with him about it, he assured me that he had done by others just as he had done by me. I had never investigated his dealings with other writers, except——. What you and I looked into was the way of other publishers with their writers. Did not you yourself, violating all the commandments at one fell swoop, say that other writers of B. & H. sharing my misery, took off the—the—the—kurrssee—of imposing on unsuspecting innocence? Well, then, so I concluded my strength was to sit still, and still accordingly I sat, till I found they had not done by their other writers as they had by me, and then up I sprang again. Now it seems to me that I have a right to open the case all new.

“See here—let us put it scientifically.

"PART I.“Unexpressed basis of operations, B. & H. will do as well as other publishers.“Ascertained fact, They don't.“Result, I fly into a rage.“PART II.“Their assurance, They have the same rule for all, and believe it to be the best for all, me included.“Result second, I am calmed if not convinced.“PART III.“Unexpected development, They do not have the same rule for all, but make invidious distinctions, contrary to their own direct assertions, andIam invidiously distinguished.“Result, Seven spirits more wroth than the first, and the fat in the fire.

"PART I.

“Unexpressed basis of operations, B. & H. will do as well as other publishers.

“Ascertained fact, They don't.

“Result, I fly into a rage.

“PART II.

“Their assurance, They have the same rule for all, and believe it to be the best for all, me included.

“Result second, I am calmed if not convinced.

“PART III.

“Unexpected development, They do not have the same rule for all, but make invidious distinctions, contrary to their own direct assertions, andIam invidiously distinguished.

“Result, Seven spirits more wroth than the first, and the fat in the fire.

“They have not answered my letter which I sent a week ago last Saturday. It is their way of doing business, namely,notdoing it. I shall not write again. What I think should be done next is for you to call upon them and make a proposal of reference in form—if there is any such thing. What I wish decided is, not future percentage merely, but past percentage; whether my claim for ten per cent. on all past sales is or is not founded in or on equity. If you are present, they must make some reply. If they assent, the Troja may be comprehended in anuce. If they refuse, we will consider as to the next thing to be done—but find that out first. If you don't understand this, just say over the multiplication-table two or three times, and it will clear you up like an egg-shell. The figure supposes that you are a pot of coffee.

“Your candid opinion of my letter, as compared with Mrs.——'s, is undoubtedly just, as well as candid. She is a very fine woman, far my superior,and looks upon this affair quite as wisely as I; but if I think the same as she does, of course it helps her. I wish I did know how to advise her, but I don't, and you would not twit me if you did not think I was going by the board. She is a lovely woman, and it is wicked in them to make her so much trouble. I suppose I was born for storms, and so it is not so sacrilegious to rain and hail and thunder on me. But if you don't roar me gently, I will change lawyers, and then what is to keep you from the work-house?

“I had a letter to-day from Hawkers, asking me to let them publish a book for me. They say they ... think they can make the results every way satisfactory. I talked with Confucius about my letter to Mr. Hunt. In fact, I talk with anybody now,—entertain my visitors with the correspondence. If you don't wish to wait on Mr. Hunt with my proposal, say so. I would invite you down here to talk it over, but there is nothing in the house to eat but a lamb's tongue and a half, and a pot of lard. My housekeeper has disappeared, and the season is over. Even the hens have stopped laying. A friend who came Friday and stopped till to-day, took the precaution to bring a pair of chickens with him. I do not mean this as a hint, but as my woman is gone, I will remark that unless you are fond of fowlà la raw, you had better roast your chickens before you come.

“As you said nothing about the particular point in the —— letter, I suppose your brain is as blank on the subject as mine. But I have not that inordinate love of brilliancy that I cannot open my mouth unless I expect diamonds to drop out. I am meekly content if only pebbles fall for paving-stones to feet that I love! Great applause.”

MR. DANE TO M. N., SEPTEMBER 9.

“As a general rule or fact or thing, when a lawyer takes a view of the case less hopeful than the client's, and presents the difficulties, the client suspects that the lawyer is indifferent to his interests, or bribed by the other side. Anything rather than that his case is hopeless. Still the lawyer must be true; he can do no otherwise,ruat cælum.

“Now [here follow questions.]

“You say nowIshould propose a reference. Are you willing I should write to B. & H., and say that you have placed with me (or with R. and me, for we are partners in all law business, and have no separate names as lawyers) your claim for arrearages, with instructions to enforce them by law? If you are, I want the premier's opinion of the matter, and if we think you have a case, we will proceed. Now that you, after referring Mr. H. to me as your friend, and what has transpired under that arrangement, have had a personal interviewwith him, which you announce to your friends as a pacification, and have opened a new correspondence with him, proposing a reference, there is embarrassment all around. My office of friend or mediator, they will say, is finished. They cannot be expected to deal with you and me both. I think if they do not notice your proposition, we should make no further move, unless it is to be followed by legal proceedings, if necessary. There is no force or fitness in a proposition from me, unless we have something besides wooden guns behind it.

“Now, I wish you would come and see me. I don't eat raw chickens, so I can't go there. Here, there are good victuals.... As Mrs.——'s case bears on yours, it concerns me no further, except to save you from conspicuous folly in your attempts to help. Mrs.—— has Mr. Edwards for her friend, adviser, and legal counsellor, and although she is worrying his life out by constantly twitting him of his folly, in the contract he made as administrator, she wants no other. He is only skin and bone, poor man, and would die gladly, except for fear of meeting —— in some place where suicide is impossible, and “twelve cents a volume” will sound forever in his ears.

“If B. & H. do not reply to your last letter, you may depend upon it that nothing but legal suasion will move them. This is not cross, though it seems so. I am your very amiable.”

FROM B. & H. TO M. N., SEPTEMBER 8.

“Your letter of 29th ult., addressed to our Mr. Hunt, was duly received, and we now beg to reply on his behalf and that of the firm.

“In your letter you assume that we have but one set of terms with the various authors whose works we publish. In this you are in error. What we pay to any individual author is a matter quite between him—or her—and ourselves, and it is not our custom to make one author the criterion for another. Many elements enter into the case that would make a uniform rate impracticable. Independently of other considerations, the varying cost of manufacture caused by different styles of publication, would alone preclude such an arrangement. We must, therefore, decline to admit such an argument into the case.

“We have given our reasons in justification of our course towards you in full, and we see no occasion for repeating them here. As they were unsatisfactory to you, we offered, on May 29 last, in a letter to your attorney, Mr. Nathan Dane, to relinquish, at a fair price, the plates and stock to any publisher whom you might prefer. This offer we now respectfully renew.

“Touching arbitration, we may say that at an earlier stage of the proceedings we should havebeen willing to submit the matter to that test. At present, however, we do not wish to do so.”

M. N. TO MR. DANE, SEPTEMBER 11.

“I am very glad you did not go to B. & H.'s, as the day after my letter to you went I received one from them, saying, ‘In your letter,’ etc.

“As the proceedings have been of an entirely private nature, without any cost of money, and with the outlay of but a few pages of note paper on their part, I do not see why the question of time is so important.

“What I propose now to do, is to have you, if you see no objection, send them by mail the note which I inclose to you for them.

“Legal proceedings I cannot, for a moment, think of instituting. Even if I should gain the case, it would be at a cost altogether too great. I think it would be far wiser for me to go on winning new laurels than to spend my energies in trying to pick up the withered twigs of last year's growth! The figure, I perceive, has serious defects, but you don't, so we will let it pass. I think now the whole thing would far better be suffered to remain quiet. I shall be gathering facts which will one day take shape, but I do not know what. Knowledge, however, is always useful, and certainly one cannot move an army unless one has an army.

“So I suppose there is no need of answering your other questions.

“I think it is as well to let the books be where they are.... Unless I find there is more advantage to be gained by a removal than I can see, the game would not be worth the candle.

“I feel more satisfied than I have done at any time since the trouble began. (While the child was yet alive, I fasted and wept. But now he is dead, wherefore should I fast?) Their refusal to refer seems to put me in open seas again.

“You say you are not cross, and I know you tried hard not to be. In fact, you have been an angel of patience all through, and I mean to reward you by conducting you honorably through some difficult Hell-gate of your own. I use the term in a marine and figurative sense.... From the beginning of your letter, I infer that you thought my last letter found some fault with you client-wise. I cannot recall the letter enough to know what may have given rise to the feeling, but I assure you nothing was further from the truth. And nothing can be more friendly and helpful than your whole course towards me has been. I shall never cease to hold it in grateful remembrance until you offend me, and then it will crisp up like flax in the flames, and I shall bear down on you just as heavily as ifyou had never done me a good turn in your life. Such, alas! is human nature.”

M. N. TO B. & H., SEPTEMBER 11.

“I have received your letter of the 8th inst., declining arbitration.

“I suppose, therefore, the only resource left me is the arbitration of public opinion.

“The argument which you decline to admit into the case was introduced there by Mr. Hunt. I recognize with you its disastrous effects, and applaud your prudence in excluding it.

“Regarding your offer to sell the books to another publisher, I may say that as the cream of their sale is already gone, I do not see the brilliant advantage to be derived from taking the skim milk to another publisher. I will, however, consult my board of attorneys,—pray do not suppose I limit myself to one—and beg you meanwhile, to accept my thanks for the benefit you design me.

“Will you have the goodness to send me my accounts for the last half-year.”

I supposed this was the end of it, but was surprised by a letter of September 14, saying:—

“We have your letter of the 11th inst.

“We think no occasion for arbitration in the matters at issue between us need ever have arisen.And we think, now, that a formal arbitration—as a means of settling the existing difficulties—would not prove a suitable or satisfactory method either to you or to us. We wish, however, to deal with you in a spirit of entire fairness, and we therefore propose another method, which will answer the same end in a much better way. Let us find a proper person, whose relations to both parties are such as to fit him to act as a confidential friend and adviser in the case. Let us confide the entire case, in all its bearings, to his intercession, and abide by his judgment. We have in mind a gentleman who, as we believe, would be in every way suitable and satisfactory to both,—Samuel Rogers, Esq., of this city. We understand Mr. Rogers to be a warm friend of yours, and we know him to be a just man, of sound judgment, and capable of taking a comprehensive view of the whole matter.

“If Mr. Rogers will accept the friendly office, we are quite ready to meet him in all fairness and candor, and to open our books and accounts to his inspection.”

M. N. TO B. & H., SEPTEMBER 16.

“Permit me to acknowledge the reception of your letter of the 14th inst.

“I cannot, at present, give your proposal [I believe I saidproposition, but proposal must be theright word] sufficient consideration to reply to it, but I will do so as soon as possible. Meanwhile, may I ask you to send me my accounts for the last six months? I suppose they can be made up independently of the question at issue between us.

“I most emphatically agree with you in the opinion that no occasion for arbitration need ever have arisen.”

M. N. TO MR. DANE, SEPTEMBER 17.

“I thought I had pronounced my valedictory, but coming home after a few day's absence, I find the following note from B. & H. [then follows a copy of their last letter.]

“Now, this is a move which I do not understand. Why should they have declined so decidedly my proposal, and after they had received my note, why should they up and make another which, for aught I see, amounts to the same thing? I am inclined to accept the proposal, though I don't see why they should not have accepted mine. Would not Mr. Rogers be a good man?

“Isn't it vexing to have Monsieur Tonson come again?”

MR. DANE TO M. N., SEPTEMBER 21.

“‘God moves in a mysterious way,’ etc. B. & H.'s proposition does not much surprise me, thoughit is an entire change of base, not to say baseness. They now propose exactly what I wanted at first, a reference to some fair man; and had I made a list of a half-dozen for them to choose from, Mr. Rogers would probably have been one of them. He is quite deaf, but transacts business, and it is for him to say whether he is fit tohearthe matter. Of course you are at liberty to name another or others. I have great confidence that any man of such a character will do what he thinks is just....

“Now let me say this is getting to be a serious matter; and though you may doubtless look on it as very plain, you may be much embarrassed before you are through.

“I do not see how you can decline their offer, which is precisely your own, if you took the formality out as I suggested. I doubt now whether B. & H. will not find some way to avoid a hearing. I think you had better accept their offer, but with limitations that shall hold them somewhere. In any reference of this sort, it will be understood that you may have counsel and witnesses, unless the idea is excluded by agreement....

“You see I bear your burdens almost instinctively. In fact, I fear to trust you alone, you being, after all, but a poor little creeter, bless you.”

M. N. TO MR. DANE, SEPTEMBER 23.

“Your letter did me heaps of good, yesterday.

“Mr. Robertson promises to find out the ways of the Corinthian publishers, and write or tell me.... What I want to do, if I do anything, is to make out a written statement, as you suggest, but appear only by that and you. I don't want myself to go on the stage. I should injure the case more than I should help it. Everything that is not in writing, you know as well as I, and I think it would be far better for me to stay at home, the sweet, safe corner by the household fire, behind the heads of children, la! In every other suggestion I agree with you.... I could make my statement, send it to you for decision and presentation, notify them of my acceptance and readiness, and then let the Union slide.

“Did I tell you I had a nice note fromLonginus?... He says he wants to talk with me about this—that he thinks authors ought to have an understanding,—that generally with B. & H. he has such and such arrangements; but he marks that whatever arrangement you make, the publisher generally gets the lion's share.

“Now do you think there is any hurry? If not—and as they have wandered at their own sweet will hitherto, I think I might take my turn now; do you think it will be worth while for me to giveup my visit? Considering the uncertainty of man, I should say not.”

MR. DANE TO M. N., SEPTEMBER 24.

“There is no reason why you should hurry about your B. & H. matter. They have not been in great haste even to answer your letters. Wherefore, although I shall be glad to see you very soon, you may take your own time, and by thinking, perhaps, add a cubit to your mental stature.

“I am not quite sure you can be excused from being present. You can, however, fortify or fiftify yourself with Fritz or Fred.

“Now write down your claims against B. & H. like a lawyer.”

About this time, the Athenian press seemed to have been seized with an unwonted interest in the book trade, and began to break out in sapient and significant little paragraphs like the following, which I copy from the “Athenian Tribune,” of September 30, 1768:—

“Book Publishing.—There is no class of business so liable to misconstruction and misunderstanding, as that of a publisher of books. It is difficult for an author to understand the business aspects of publishing a book. In the first place, the expensesof composition, correcting, stereotyping, paper, printing and binding, are very large, compared sometimes to the size of the book. Then the advertising bills, and two or three hundred gratuitous copies for notice and review, must be added to the cost of publication. Then, of course, store rent, clerk hire, and packing expenses, including paper, twine and boxes, should be reckoned as part of the cost of getting up an edition of a book; so that, in most instances, the sale of two or three thousand of a new work hardly pays the publisher for the labor and capital included in the outlay. Now all this the author, unless he or she happen to understand the business thoroughly, rarely comprehends. The elder John Murray, one of the most honorable and generous of publishers, used to say, that an author who thoroughly understood all the intricacies and expenses of issuing a book from the press, and properly launching it into the hands of the public, was as rare a prize to find as a phœnix or a unicorn.”

Yes.

When I came to reflect upon the matter, the proposal of B. & H. did not seem so much like my own as it at first appeared. Partly, perhaps, I feared the Greeks even bearing gifts. And if the two plans were in substance the same, why did they suggest one so soon after rejecting the other? Ifthey were not the same, the difference would not be likely to be in my favor. The superficial thinker might suggest that the person to judge whether formal arbitration would be satisfactory to me was myself. As I had proposed it, the information from Messrs. B. & H. that it would not be satisfactory tome, seemed to be premature, not to say supererogatory. But they not only set aside formal arbitration and brought up a “confidential friendly” plan—not with a suggestion that it might, but with the succinct assertion that it would answer the same end in a much better way; they also chose the confidential friend themselves; and this friend was a gentleman with whom I had no acquaintance, whom I had never so much as seen, and of whom my personal knowledge was confined to the interchange of some half dozen letters. Now a man may have a very high reputation, and be a very superior person, yet when you want a confidential friend, you would hardly take him, unless you had, at least, a passing acquaintance with him. Perhaps Messrs. B. & H.'s endorsement of any one as a “just man,” ought to be enough; though, under the circumstances, it reminds one of the convicts in the Maine state prison, who drew up resolutions against capital punishment,—but regarding the confidential friendly way of doing business, I hadbecome thoroughly disenchanted. It was confidential friendliness that made the trouble, and I was not homeopathically inclined. I languished for a little distrustful business accuracy, and cried, “Save me from my friends,” or rather from Messrs. B. & H.'s friends.

What philosopher was it who maintained that life and death are the same? “Why do you not then kill yourself?” asked a skeptic. “Because they are the same.”

If it was of no importance to Messrs. B. & H. whether we had one man or two, I would have two, since it was of no importance.

If it was important to them that we should not have two, then I would have two, because it was important.

M. N. TO B. & H., NEAR THE LAST OF OCTOBER.

“I accept your proposal, that the matter at issue between us should be submitted to Mr. Samuel Rogers, for decision, with this modification, that Mr. James Russell, of Stanton, be associated with him. If they have any difficulty in coming to an agreement, let us empower them to select a third person.

“I will present my statement at any time that suits your and their convenience.

“Permit me, however, to suggest that it is just as much work for me to prepare my case for two orthree persons as it is for two or three thousand; and, after all, nobody can know it better than you. You know precisely what I want,—simply ten per cent. And you know also on what grounds I base my claims. Would it not be less troublesome to you, as well as infinitely less disagreeable to me, for you to decide the matter yourselves at once, rather than refer it to others, who, after the most careful study, can only learn what we already know? We shall also thereby avoid a publicity which is utterly distasteful to me, which can hardly be attractive to you, and which, beginning with two, will end, no one knows where.”

HUNT, PARRY, & CO. (FORMERLY B. & H.) TO M. N., NOVEMBER 9.

“The preoccupation incident to the recent change in our firm (of which we sent you a notice) has prevented our giving your proposal due consideration earlier than now.

“We proposed Mr. Samuel Rogers' name, with the thought that he was a man who would be in every way satisfactory to both parties, and who could act rather in the capacity of a friendly mediator than that of a formal arbitrator.

“Our objection to the addition of Mr. James Russell, is, that by adding him we return to the idea of settling differences by a formal arbitrator,which we always objected to. We should prefer to submit the entire matter to Mr. Rogers alone, as we proposed. Still we are desirous to have the matter settled justly and equitably, and if you prefer to have more than one person, we are willing that Mr. Russell (of whom we know nothing, except by reputation) should be added, provided a third person shall be joined with the two, who shall be a practical publisher and bookseller. We would name a gentleman who would be perfectly capable of appreciatingallthe points connected with the case, and to whom, in conjunction with the two already named, we are willing to submit it,—Mr. Henry Murray, formerly a partner in the publishing firm of Constable & Sons, and now the head of the firm of Murray & Blakeman. Mr. Murray is a highly honorable man, and from his many years of experience, fully qualified to understand the case.

“If you are willing to submit the case to these three gentlemen for decision, we shall await your and their pleasure as to time.”

M. N. TO H., P., & CO., NOVEMBER 17.

“Your letter of November 9 has been forwarded to me from Athens. Your notice of the change in the firm was probably sent to Zoar and has not reached me. I did not know of the change when my letter was written.

“In proposing Mr. Russell I did not design to return to formal arbitration. I was, and am, quite willing to settle it by confidential friendliness, only I do not wish the friendliness to be all on one side. Mr. Rogers is your friend, but I never saw him; cannot judge of his fitness to act in such a matter, and therefore could not put implicit faith in his conclusions. I wish to associate with him a man whom I do know, and on whose conclusions I could rely.

“You say you know nothing of Mr. Russell except by reputation; neither do I know anything of Mr. Rogers except by reputation.

“You desire to join with them Mr. Murray of the firm of Murray & Blakeman, a gentleman whom you know so well that you vouch for his character and capacity, but whom I never saw, whom I scarcely know even by reputation, but of whom I do know this: Soon after the publication of ‘The Rights of Men,’ the firm, of which he is the head, issued an advertisement of one of their publications by Rev. Bishop Burnet, in which, by detaching sentences from ‘The Rights of Men,’ they made me speak in the highest praise of Bishop Burnet's book, whereas, in truth, I had spoken with the greatest censure. You say that Mr. Murray is a highly honorable man, but I say that this was a highly dishonorable proceeding.

“Observe now the position you take.Youarenot even willing to trust to my friend, joined with your friend, but you want me to trust to your friend alone.

“Secondly, you are not willing to refer to the arbitrator, a lawyer, whom you have selected, and the arbitrator, a lawyer, whom I have selected, and the third person whom they two shall select, but you wish yourself to select the third person, and the person you select is a man of your own trade, a man of your intimate acquaintance, a man whom I never saw, and of whom personally I only know that he has been guilty of trickery toward me.

“If it is to be settled by confidential friendship, you wish to choose the confidential friend. If by formal arbitration, you wish to choose two out of three of the arbitrators.

“You consider Mr. Rogers quite capable of settling the matter alone, but incapable of settling it in connection with a friend of mine, unless another friend of yours be joined with him.

“I am quite willing to meet you on the confidential friendly platform, or on the formal arbitration platform; but if the former, which I also prefer, I wish to have a share in the confidential friendship. If the second, I wish the arbitrators to be selected in the regular way, each party choosing one, and those two selected choosing a third.

“You can ascertain from Mr. Rogers whetherhe has any objection to confidential consultation with Mr. Russell. So far as a practical publisher or bookseller is concerned you can state the case yourselves to these gentlemen,—or you can bring Mr. Murray or any other person you choose before them. We must assume that they are sufficiently fair-minded to judge according to facts, else there is no use in having any judgment at all, and Mr. Murray can present the facts as witness quite as well as if he were arbitrator.”

H., P., & CO. TO M. N., NOVEMBER 20.

“The desire which you impute to us of having a one-sided settlement, or of referring the matter at issue between us to any ‘confidential friend’ of our own has never entered our thoughts. We named Mr. Rogers in the first instance because we thought he was a warm personal friend of your own, and one in whom you could put unhesitating confidence. We never had a word with him on the subject in any way. As for Mr. Murray, we certainly have no desire to press him, or any other person not agreeable to you.

“We very decidedly prefer thatoneperson shall take cognizance of the matter rather thantwoorthree; and to show that we do not desire that the person chosen shall be a partisan of our own, we suggest that the matter be submitted to the friendlyoffices of Mr. Henry Brook, of Corinth. We do not know Mr. Brook personally, and have never had any relations with him except a correspondence which he initiated several days ago. If he is willing to act in the matter we will accept any decision he makes.”

M. N. TO H., P., & CO., NOVEMBER 23.

“Your letter of November 20 reached me Saturday night. So far as it disclaims any undue partisanship in selecting Mr. Rogers, it is germane to the case. I take the earliest opportunity to thank you for the disinterested kindness to me which governed your choice. I was not before aware of it, or I should have been earlier in my acknowledgment.

“The remainder of your letter, you will pardon me for saying, is entirely irrelevant. The question of one or two is no longer open. We have already agreed upon two, and the question now is concerning a third. The point to be decided is simply this: Will you or will you not refer the matter to the friendly mediation or the formal arbitration of Messrs. Rogers and Russell and a third person to be selected by them in case a third person shall be necessary?”

H., P., & CO. TO M. N., NOVEMBER 28.

“Your statement, that ‘the question of one or two persons is no longer open, and that two have already been agreed upon, and the question now is concerning a third,’ is not correct.Wehave not agreed to refer the matter to Messrs. Rogers and Russell except with our proposed addition of Mr. Murray, which addition you did not approve. By your non-approval of him the matter was thrown back to the original proposal to refer it to one person, and in that posture of affairs we must consider that our proposal of Mr. Brook as that person was strictly relevant.

“But in all this correspondence we seem to be playing at cross-purposes, neither arriving at a result nor succeeding in understanding each other. You are no doubt as tired of this as we are. A reference—should we ever reach it on mutually satisfactory terms—would take a long time and be a tedious mode of settlement. Would it not be better to close the matter at issue finally by a definite proposal which cannot be misunderstood. We estimate the time that would be occupied by a reference, and the trouble and annoyance it would occasion, at five hundred dollars, and we propose to send you our check for that sum that this unprofitablecontroversy may be closed. And we further propose to pay you hereafter ten per cent. of the retail price, in cloth, for all copies sold of your various books now published by us. Should you accept this offer, please advise us and we will send you check and draw new contracts at once.”

I think, notwithstanding the modest disclaimer of Messrs. Hunt, Parry, & Co., we were getting to understand each other perfectly, except that so far from becoming tired of the controversy,Iwas only just warming up to it.

M. N. TO H., P., & CO., DECEMBER 8.

“When I pointed out to you the impropriety of your imposing Mr. Murray upon me as arbitrator, you replied that you did not wish to press Mr. Murray. You now say that Mr. Murray was essential to the arbitration. Either he was or he was not. If he was, then, as I said in a previous letter, you refused arbitration unless you could choose two out of three of the arbitrators, and those two friends of your own and strangers to me, and one of them guilty of trickery towards me. If Mr. Murray was not essential, then, as I said in my last letter, we had already agreed upon two, and the only question is, concerning a third. Do I understand you to decide that you refuse arbitration unless you have power to make Mr. Murray third arbitrator?

“The reference which seems to you so tedious, seems to me a relief from tedium. Your definite proposal proposes to buy me off from arbitration, but does not touch my claim to ten per cent. on past sales. I do not even consider it, much less accept it.

“The cost of arbitration would, I suppose, be defrayed as usual by the losing party, and amounts to hardly if any more than one-sixth part of the sum which I believe to be due me.”

M. N. TO H., P., & CO., DECEMBER 21.

“A week ago, last Tuesday, I sent you a letter from Paris, to which I have received no answer. To guard against any misunderstanding arising from a lost letter, will you be so good as to inform me by the bearer whether you have received such a letter from me, and if so, whether you have replied to it.”

They evidently thought the enemy was preparing to move immediately upon their works, and they replied at once,—

“We duly received your communication alluded to in your note of this morning.

“Owing to the absence of one of the members of our firm and the great pressure of business incidentto the season of the year, we have not had an opportunity since its receipt to give the question at issue the attention it deserves. In a very few days you shall hear from us."

On the sixteenth of December, appeared another of those paragraphs in the “Athenian Gazette,” to which I have previously referred. Hitherto the dove had only gyrated around the whole heavens, spreading its white wings of praise over publishers in general, but now, loving, like Death, a shining mark, it circled down and settled squarely upon the modest brows of Messrs. Brummell & Hunt, in the following style:—

“Messrs. B. & H.'s Announcements.—The attractive advertisement of Messrs. B. & H., which appears in our columns to-day, is interesting to those who watch the progress of events, as an indication not only of the success which this publishing house has achieved, but as an evidence of the literary supremacy of the ‘hub.’ Years ago, when Sophocles, after enjoying the entree into the leading social circles of the city, styled Athens ‘The Modern Eden,’ our neighbors of the other cities quoted the remark in derision. But time has proved that the title was not merely complimentary. A glance at the list of authors whose works are published by Messrs. B. & H., will at once surprisethose unacquainted with the large number of theAdriaticcoterie who have residence within the shadow of the Acropolis. The Athenian authors who have their established headquarters with this publishing house are more widely known and more thoroughly read than any equal number who have acquired literary distinction, while the number of Roman authors who are represented in this country by Messrs. B. & H. include the Poet Laureate of Italy and the great master of fiction, Josephus.

“While we may congratulate the firm upon the success they have achieved in producing the most exquisite illustrated gift books of the season, and compliment them upon the typographical execution of all their publications, we think still higher praise is due to this house for their encouragement of Athenian talent, and their rare tact in introducing many who have become popular mainly by the discriminating manner in which they have been ushered into the presence of the reading public. Whatever share of prosperity this publishing house has reached, there are none to attribute it to any narrow or selfish policy. They have dealt with authors of all lands upon the broad ground of mutual benefit, and have never sought to make bread out of other people's brainwork and leave the worker without fair compensation. It is a credit to Athens that such an establishment has grown up and flourished in our city.”

Which reminds me of a rural schoolmaster who taught the village school for several winters in succession, and whose specialty was writing. Years after, if the handwriting of any of his pupils was spoken of, the honest man would reply innocently, “Yes, he is a very fine writer, very superior. His writing is precisely like mine!”

Messrs. Brummel & Hunt's authors are the most widely known and the most thoroughly read in the country.

And we who belong to that Happy Family feel that the lines have fallen to us in pleasant places, and try to look unconscious of our preëminence, while we cannot wholly repress a glow of gratification.

But what is this? We, or rather you,—for just here I find it agreeable to follow the admonition of Mr. Guppy's mother, and “get out” of the company—youhave become popular mainly by the discriminating manner in which you have been ushered into the presence of the reading public! O, what a fall is here, my countrymen! Imagine the emotions of the belle on being told that the attention and admiration which she fondly supposed had been excited by her wit and beauty, were mainly owing to the discriminating manner in which she had been ushered into the ball-room!

Some little margin is left for grace of form, loveliness of feature, elegance of dress, but mainly it is the white-gloved usher to whom her success is due!

There are never wanting persons who, not content with writing history as it is, are always conjuring up what would have been if things had happened differently. If Charles I. had not lost his head, if Napoleon had beaten at Waterloo, if Booth's pistol had missed fire, events would have gone thus and thus. A fruitful field opens before such speculators in the history of our country's literature. Had Messrs. Brummell & Hunt gone into the grocery business, for instance, Homer would have been cobbling shoes in Haverhill, or at most, chronicling small beer in a country newspaper. Dante would have been a lawyer in chambers, drawing up wills and plodding through deeds, but leaving no foot-prints on the sands of time. Boccaccio would have been milking cows at Brook Farm, or growing round shouldered over his desk in the Jerusalem Court House. Miriam would have been writing children's stories for the “Little Cormorant,” at fifty cents a column, and as Uncle Tom's Cabin would never have been built, the South would never have been provoked into rebellion; we should have had no war and no greenbacks, prices would never have risen, ten per cent. and fifteen cents would have been the same, and we should all have died comfortably in our beds.

But it is a theme for lasting gratitude not only that this house did not go into the “cotton trade and sugar line,” but also that whatever share of prosperity it has reached, there are none to attribute it to any narrow or selfish policy. It has never sought to make bread out of other people's brain-work and leave the worker without fair compensation. But upon what meat hath this our “Athens Gazette” fed, that it is able to make so sweeping a negative, asks the unsanctified heart. By what authority saith it these things, and who gave it this authority? Has it had personal interviews with all the persons who ever had or sought business connections with Messrs. Brummel & Hunt, and learned from them that no narrow or selfish policy has ever been attributed to them? Even this would not establish its assertion, but surely nothing less than this would. It does not say that no narrow or selfish policy was ever indulged in, but that nobody so much as attributed it to them. Cæsar's wife is above suspicion. But has any one asked Cæsar?

It is not, of course, to be for a moment supposed that so great a house as the one in question would ever stoop to manufacture its own “puffs,” if I may be pardoned the term. Such a course might befit the “parvenu hawkers and peddlers” of books, but not an hereditary aristocracy like this. Its “Poet-Publisher” has indeed distinguished himself by other figures than those of the day-book and ledger,but I have never heard that any member of the firm has been ambitious of a place among the prose writers of Greece. Nor is it I suspect any the more to be presumed because these paragraphs came to me conspicuously marked with blue and red lines, and superscribed in the handwriting with which many years of correspondence with the firm of B. & H. had made me familiar. For do we not all, as soon as we see ourselves complimented in the newspaper, send it around to all our friends by the early mail? But I am reminded of a story which I learned and recited many times in school. While the regicides Goffe, Whalley, and Maxwell were hiding in Connecticut, a rough fellow came from afar and terrified the simple villagers by challenging them to mortal combat. As they stood pale with consternation, a venerable man, unknown to all, appeared, gravely accepted the challenge, and immediately disappeared. At the appointed time throngs were gathered to witness the conflict. As the clock struck the hour, the mysterious combatant threaded the crowd and took his place in the arena armed only with a broom, and armored with a huge cheese fastened upon his person as a breastplate. The astonished bully began the fight by plunging his sword into the breast, or rather the cheese, of his opponent. The latter responded by dipping his broom into the neighboring mud-puddleand giving the bully a gentle swash about the neck. A second lunge into the cheese and the broom went higher, sweeping the fighter's chin. A third, and with a fresh baptism of mud the broom was drawn tenderly over the whole face of the baffled ruffian, who, unused to such warfare, threw down his sword in terror, crying, “Who are you? You must be either Goffe, Whalley, or the Devil!”

Moral: So I, viewing this paragraph and sundry others that follow it, and seeing how finely they are timed to the issues of the contest, cannot avoid the mental soliloquy, “Brummell & Hunt, or—Planchette!”

J. S. PARRY, OF THE FIRM OF H., P., & CO., TO M. N., JANUARY 1, 1769.

“The experience of the past few months suggests that it is likely to take some time to settle the details of the proposed arbitration by correspondence. A personal interview of half an hour would obviate much writing and delay. Will you see me at Zoar at such time next week (after Tuesday) as may be convenient to yourself?”

M. N. TO MR. PARRY.

“If you really think it worth while, by all means come; only the preliminaries seem to me so simplethat they might almost be left to whistle themselves. I will see you, if you please, at two o'clock,P. M., Wednesday, the sixth,—day after to-morrow. A train leaves the Athens Railroad Station, I think, at 12.15. You must leave the train at Zoar. Probably there will be a carriage at the station if you prefer it to walking, but whichever way you come you will wish you had taken the other.

M. N. TO MR. DANE, JANUARY 4, 1769.

“Saturday I had a letter from Mr. Parry, proposing to come down and arrange with me the preliminaries for (or of) arbitration. I would much rather he should go to you and do it. Still, I fear if I suggest that, it will only occasion further delay, and if I can get any hold on them, perhaps I had better get it. But I don't know what the preliminaries ought to be. Maybe it is nothing in particular, only arrangements as to time, and so forth. Still, if there is anything I should stipulate for, or any boundary lines I ought to draw, or any precautions I ought to take, can you not advise me by letter? If there is any doubt on my part, I shall make no engagements, but say to him frankly, I wish to consult you first, and then I shall come to Athens bright and early, Thursday, andconsultyounolens volens.”

MR. DANE TO M. N., JANUARY 5, 1769.

“A happy New Year to you. My opinion is that Mr. Parry will try tosettlematters with you, and have no reference or intervention. If he proposes to arrange a reference, you know what you want and can write it, perhaps, though my honest opinion is you need help. You may call it snubbing, or sneering, or flattery, but my opinion is you are not fit to meet these people in such a matter.

“Hunt fooled you just as he pleased when he went over, and you wrote me quite a penitent letter, which showed a good heart, but a feeble mind! If you arrange for any reference, they should agree to pay you any amount that may be adjudged to be equitably due to you for arrearages of copyright.

“You are [&c.] But as I have told you, there is not a lawyer in Athens who would undertake personally to manage a controversy of this kind, being himself the party, and you are not exempt from the laws of gravitation.” ...


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