2nd. “Madame, I was less surprised than deeply grieved at the contents of your letter to Colonel Galiffe; for my wife and I felt only too much anxiety as to the result of your journey. M. Cooper has quite justified the opinion of him we formed when we saw him at your house, for we feared just what has happened.“Good God! into what hands you have fallen!And how could so fine and spotless a character as yours be blackened by calumny?“But I have no doubt that you have speedily turned aside the shafts of malice. As to what is said about your debts, I can certify that I have known you to be most scrupulous in paying all your accounts; that I have never heard of your being in arrears with any creditor, and that I am in a good position to judge, having had several conversations about your concerns with M. Hentsch, who, I have no doubt, will testify to the same.“But what need is there, madame, to continue in this strain, or to undertake to clear so unjustly attacked a reputation?“Many other better-known persons than I will come to your aid, and in a little while you will receive from all sides documents wherewith to crush your vile calumniators.“I will conclude, madame, by sending you my most sincere wishes that your enemies may get what they deserve, and may their punishment be as certain as all I have said is true.“My wife asks me to give you all kind messages, and I beg you, Madame la Baronne, to acceptthe expression of my respect and my sincere attachment.“J. L. Cramer,“Lt.-Colonel.”
2nd. “Madame, I was less surprised than deeply grieved at the contents of your letter to Colonel Galiffe; for my wife and I felt only too much anxiety as to the result of your journey. M. Cooper has quite justified the opinion of him we formed when we saw him at your house, for we feared just what has happened.
“Good God! into what hands you have fallen!And how could so fine and spotless a character as yours be blackened by calumny?
“But I have no doubt that you have speedily turned aside the shafts of malice. As to what is said about your debts, I can certify that I have known you to be most scrupulous in paying all your accounts; that I have never heard of your being in arrears with any creditor, and that I am in a good position to judge, having had several conversations about your concerns with M. Hentsch, who, I have no doubt, will testify to the same.
“But what need is there, madame, to continue in this strain, or to undertake to clear so unjustly attacked a reputation?
“Many other better-known persons than I will come to your aid, and in a little while you will receive from all sides documents wherewith to crush your vile calumniators.
“I will conclude, madame, by sending you my most sincere wishes that your enemies may get what they deserve, and may their punishment be as certain as all I have said is true.
“My wife asks me to give you all kind messages, and I beg you, Madame la Baronne, to acceptthe expression of my respect and my sincere attachment.
“J. L. Cramer,
“Lt.-Colonel.”
3rd. “Madame, and respected friend; what! there are villains in the world who, not content with having taken advantage of your ignorance of business, venture to attack the reputation of one whose private life it seems to us ought to have been more than safe from the tongue of calumny.“We are shocked at it, and ready to send you voluminous testimonials as to the high reputation you left behind you here.“If necessary, we will state in Court that we know you to have been held in constant affection and respect by all around you; that benevolence was your especial virtue, and that your steps were followed by actions recorded in the book of heaven, when unnoticed or unfelt by men.“We can say that you gave happiness to many here; we can say (though it is impossible that such a question should be put to us), we can say that it is false, absolutely false, that you left debts behind, and that, on the contrary, beforeyou left, you had the forethought to leave 2000 francs on deposit to pay the rent of your country house in case of its not being sub-let; which event happened.“We can say that your charming son gave the highest hopes of inheriting the striking virtues that distinguish you, and which he could have gained only in the bosom of a mother worthy of all honour and best formed for an example of all that society loves and welcomes.“Speak, Madame la Baronne, only speak! What can we do to communicate to your judges the feelings of the highest esteem which we have for you?“Your very humble servant,“H. Hentsch, fils.”
3rd. “Madame, and respected friend; what! there are villains in the world who, not content with having taken advantage of your ignorance of business, venture to attack the reputation of one whose private life it seems to us ought to have been more than safe from the tongue of calumny.
“We are shocked at it, and ready to send you voluminous testimonials as to the high reputation you left behind you here.
“If necessary, we will state in Court that we know you to have been held in constant affection and respect by all around you; that benevolence was your especial virtue, and that your steps were followed by actions recorded in the book of heaven, when unnoticed or unfelt by men.
“We can say that you gave happiness to many here; we can say (though it is impossible that such a question should be put to us), we can say that it is false, absolutely false, that you left debts behind, and that, on the contrary, beforeyou left, you had the forethought to leave 2000 francs on deposit to pay the rent of your country house in case of its not being sub-let; which event happened.
“We can say that your charming son gave the highest hopes of inheriting the striking virtues that distinguish you, and which he could have gained only in the bosom of a mother worthy of all honour and best formed for an example of all that society loves and welcomes.
“Speak, Madame la Baronne, only speak! What can we do to communicate to your judges the feelings of the highest esteem which we have for you?
“Your very humble servant,
“H. Hentsch, fils.”
It needed nothing more to obliterate the disastrous impressions my audacious calumniator’s lies might have made.
I was summoned to declare if I had, or had not, received from him the amount of my bill; and on my formal answer in the negative, the arbitrators of course said to us—
“Since you disagree as to facts, we cannotpronounce for one or the other; we must give our decision according to the wording of the bill. If it was endorsed, ‘Sum received in cash,’ Mr. Cooper is right; if not, he is wrong. Therefore, produce this bill.”
I wrote at once to my London banker to get an authentic copy; but before it arrived, the extension of time for the arbitration expired, and the arbitrators gave their decision. They cancelled the agreement concerning the larger interests, fixed Mr. Cooper’s disbursements at 4,169 francs 51; assigned him 3000 francs for his trouble,[15]and ended by making this order—
“We declare and decree that on Mr. Cooper returning the deeds, papers and all other effects, the Lady de Sternberg shall be under the obligation to pay him the sum of 7,169 francs 51; that Mr. Cooper, on payment of the said sum, shall return to her the two bills of £75 sterling each, unless their worth is deducted from the 7,169 francs 51.
“We reserve to both parties their respective rights as to the deduction, claimed by the Ladyde Sternberg, of £200 sterling, the amount of the third bill received by Mr. Cooper.
“On the fulfilment by Lady de Sternberg of the above directions, we declare that she shall be freed from all obligations to Mr. Cooper arising out of the agreement of April 27, 1828.”
The execution of this judgment could present no difficulties except for that concerning the bill for £200 sterling, with which it could not deal.
A few days later the bill arrived; it was endorsed: “Sum received on my account from the testamentary executors of the late Lord Newborough”; and Cooper had sworn that it was endorsed, “Sum received in cash.”
The 5000 francs therefore ought to be deducted from the 7,169 francs 51. Cooper refused to deduct them; I proposed to him to submit this difficulty anew to the arbitrators, who, knowing the business in all its details, could decide on it at once.
An honest man would have gladly accepted this expeditious settlement; but our scoundrel, who had already seen his way to take advantage of his position, absolutely refused.
Having extra-judicially called upon him to namehis arbitrator, and on his failing to respond to this summons, I applied to the President of the Court, who assigned me one.
On the day appointed for the meeting of the “friendly arbitrators,” Driver-Cooper sent word to them that he opposed their proceeding until after the cancelling of the bills; and they thought themselves bound to abstain from a decision until there had been legal enactment on this opposition.
At the same time my rascal sent me orders to pay him the full sum of 7,169 francs 51, which he must receive at once, so depriving me by his frivolous objections of the power of previously effecting the deduction of the 5000 francs, which had nevertheless been so expressly reserved for me by the decree of the arbitrators. But I knew my man too well not to foresee that after obtaining the payment he demanded, he would take every means to refuse my demand, even to the declinatory plea of the French Courts.
In consequence I made him an actual offer of the sum of 2,169 francs 51, and as to the 5000 francs representing the value of my bill of £200 sterling, I proposed to deposit it in theCaisse de Consignations, not to be withdrawn by Mr. Cooperuntil it was decided that the aforesaid deduction could not be made.
Moreover, I summoned Mr. Cooper to make a declaration of my available effects, and to be ordered to return to me all my deeds, under pain of damages to the amount of 100 francs for each day’s delay.
Even this did not stop him, and I was obliged to make an application to the President to make him cease his persecution.
The President having made an order entirely agreeing with my wishes, Cooper appeared disconcerted, and did not dare to appeal against it.
It was in this condition that the case was brought into Court. There my rascal once more took up his rôle, and, as usual, bristled with objections and quibbles which prolonged the disgusting dispute till October 8. All his cunning and ingenuity could not save him from the condemnation he deserved.
But, alas! my triumphs were but funeral honours, and my gains nothing but actual losses.
Yes, my over-great belief in so unworthy a man had cost me more than 28,000 francs, my peace of mind, and my health.
Insertion in the Newspapers—Visit from M. Laurentie—His Letter and its Publication—His Advice—A Bold Venture—My Discretion—Insidious Answers—Behaviour of the Mills Family—Letters from my Children.
Insertion in the Newspapers—Visit from M. Laurentie—His Letter and its Publication—His Advice—A Bold Venture—My Discretion—Insidious Answers—Behaviour of the Mills Family—Letters from my Children.
When I found that my troublesome dispute was coming to an end and that I was about to recover both my documents and my own full liberty, I had the following article inserted in several newspapers—
“In the year 1773, two illustrious French personages were travellingincognitoin Italy, under the names of the Comte and Comtesse de Joinville. On the 16th of April of that same year the Comtesse gave birth to a daughter in the little town of Modigliana. The parents, urged by ambition, resolved to exchange their daughter for the son of a jailer, named Chiappini, whose wife at the same time gave birth to a boy, who has in consequence enjoyed the rank and fortune belonging to the other child. It has pleasedProvidence to allow this unjust usurpation to last for many years. But, to prove that justice, though sometimes slow, is always sure, it has lately permitted this unnatural action to be brought to light; the proofs were sufficient to convince any impartial mind, and a decisive decree of the Ecclesiastical Court of Faenza, given upon the most undoubted evidence, has pronounced as to the truth of the facts.“The father, many years ago, met with a violent death; the mother survived him, but has now been eight years dead; and there is no doubt that the parents during their lifetime entrusted certain papers and documents to persons who were then in their confidence.“It is needless to add that these documents are of the highest importance to the daughter who was deprived of her proper position. In the name of justice and humanity, she entreats any persons who may be in possession of documents concerning this matter, to send such information, in writing, to the Baronne de S., 18 Rue Vivienne, Paris.“They may feel assured of a large reward from the person concerned.”
“In the year 1773, two illustrious French personages were travellingincognitoin Italy, under the names of the Comte and Comtesse de Joinville. On the 16th of April of that same year the Comtesse gave birth to a daughter in the little town of Modigliana. The parents, urged by ambition, resolved to exchange their daughter for the son of a jailer, named Chiappini, whose wife at the same time gave birth to a boy, who has in consequence enjoyed the rank and fortune belonging to the other child. It has pleasedProvidence to allow this unjust usurpation to last for many years. But, to prove that justice, though sometimes slow, is always sure, it has lately permitted this unnatural action to be brought to light; the proofs were sufficient to convince any impartial mind, and a decisive decree of the Ecclesiastical Court of Faenza, given upon the most undoubted evidence, has pronounced as to the truth of the facts.
“The father, many years ago, met with a violent death; the mother survived him, but has now been eight years dead; and there is no doubt that the parents during their lifetime entrusted certain papers and documents to persons who were then in their confidence.
“It is needless to add that these documents are of the highest importance to the daughter who was deprived of her proper position. In the name of justice and humanity, she entreats any persons who may be in possession of documents concerning this matter, to send such information, in writing, to the Baronne de S., 18 Rue Vivienne, Paris.
“They may feel assured of a large reward from the person concerned.”
A few days later I had almost the same words again put in; at last, M. Mills having called a third time at the office of theQuotidienne, M. Laurentie said he would like to see me before the third insertion was made, alleging that he could be of much more use to me when he was perfectly acquainted with my affair.
I was urged to receive him, and I fixed a day for his coming.
The first thing he did on seeing me was to give a start of astonishment.
He told me that he had known at once that my paragraph related to the Duke of Orleans, and that, fearing his Highness’s anger, he wanted to see my papers before going further.
I at once got together some imperfect copies that had chanced to escape the insatiable Cooper’s greedy rapacity, and handed him the parcel.
He strongly advised me against any mysterious or partial publication of my story, but to bring it to the full light of day.
I told him that such was my intention.
“You will do well,” he said; “and I assure you your likeness to Louis XIV is so striking that only to see you is to be convinced.”
It would not be easy to describe my surprise when, three days later, I received my packet, accompanied, for all apology, by the following brief communication—
“Madame la Baronne,“I have the honour of returning you the papers you committed to my care.“I have had an opportunity of tracing the truth to its source, and have ascertained that M. le Duc and Mme. la Duchesse d’Orléans did not quit Paris or the Court in the year 1773.”[16]“Therefore I cannot permit theQuotidienneto print a single line concerning the extraordinary and mysterious event spoken of in these papers.“I have the honour to be, Madame la Baronne,“Your very humble and obedient servant,“Laurentie.”
“Madame la Baronne,
“I have the honour of returning you the papers you committed to my care.
“I have had an opportunity of tracing the truth to its source, and have ascertained that M. le Duc and Mme. la Duchesse d’Orléans did not quit Paris or the Court in the year 1773.”[16]
“Therefore I cannot permit theQuotidienneto print a single line concerning the extraordinary and mysterious event spoken of in these papers.
“I have the honour to be, Madame la Baronne,
“Your very humble and obedient servant,
“Laurentie.”
To astonishment succeeded just indignation when in the numbers for the 2nd and 3rd of November I read what follows—
“The public may have remarked, some time ago, a notice in theQuotidiennein which there was mention of a Comte and Comtesse de Joinville, who, in 1773, when in Italy, had a child of the female sex for which a male child was substituted, and information was asked as to this mysterious substitution.“Whatever may have been the purpose of the person who sent us this notice, it is our duty to declare that we take no responsibility for it.“We have even been able to ascertain that its publication masks an intrigue in which we could not be expected to meddle, and we retract the notice sent to our office, and which, at first sight, might seem to be simply an announcement relating to family matters.”
“The public may have remarked, some time ago, a notice in theQuotidiennein which there was mention of a Comte and Comtesse de Joinville, who, in 1773, when in Italy, had a child of the female sex for which a male child was substituted, and information was asked as to this mysterious substitution.
“Whatever may have been the purpose of the person who sent us this notice, it is our duty to declare that we take no responsibility for it.
“We have even been able to ascertain that its publication masks an intrigue in which we could not be expected to meddle, and we retract the notice sent to our office, and which, at first sight, might seem to be simply an announcement relating to family matters.”
At first I wanted to force the audacious editor to insert in his journal an answer which would have let every one know of his criminal abuse of confidence, and ask him how he dared brandwith the odious name ofintriguea claim which, from my papers so trustfully given over to him, he knew to be based on the depositions of numerous witnesses, and on an episcopal judgment given with the most imposing formalities.
But on consideration I decided that my complete Memoirs being about to appear, France and the whole of Europe would do me enough justice after reading them.
I wanted some one to correct the many mistakes which my pen, so unskilled in the French language, had made without taking from my story its original simplicity.
M. Lafont d’Aussonne, author of theMémoires universels de la Reine de France, called on me, discoursed on his literary talents, offered me his services, and succeeded in getting me to give him a copy of my notes. Here is his letter of the next day—
“Madame,“I have spent part of the night in reading your papers. I find them convincing, and am astonished only at one thing—that you have been so long in attacking the unlawful possessor. Ishall have the honour of seeing you this evening at the same hour as yesterday.“Your very respectful and devoted servant,“Lafont d’Aussonne.”
“Madame,
“I have spent part of the night in reading your papers. I find them convincing, and am astonished only at one thing—that you have been so long in attacking the unlawful possessor. Ishall have the honour of seeing you this evening at the same hour as yesterday.
“Your very respectful and devoted servant,
“Lafont d’Aussonne.”
I was much pleased with his way of looking at it, and with all the arguments with which he supported my interesting affair; but with a swift change of front he wrote to me a few days later—
“However long the time I have devoted to the papers you committed to me, madame, I grudge neither the time nor the work if I may keep your confidence and your esteem. From things I know of and approaching events, I am convinced that your cause has its dangers, and that you must be prepared for oppositions, humiliations, delays and troubles innumerable.“Your last years will be years of grief and affliction; I am not exaggerating.“An opportunity is now offered me of rendering you the greatest of services by giving you rest and peace of mind.“You are a good wife and tender mother; you might, at the same time, give delight to yourfamily and to the excellent persons who have given such proof of their constancy and their devotion by combining with you.“As for myself, madame, I have no thought but to repeat the assurance of my respectful and sincere devotion.“Lafont d’Aussonne.”
“However long the time I have devoted to the papers you committed to me, madame, I grudge neither the time nor the work if I may keep your confidence and your esteem. From things I know of and approaching events, I am convinced that your cause has its dangers, and that you must be prepared for oppositions, humiliations, delays and troubles innumerable.
“Your last years will be years of grief and affliction; I am not exaggerating.
“An opportunity is now offered me of rendering you the greatest of services by giving you rest and peace of mind.
“You are a good wife and tender mother; you might, at the same time, give delight to yourfamily and to the excellent persons who have given such proof of their constancy and their devotion by combining with you.
“As for myself, madame, I have no thought but to repeat the assurance of my respectful and sincere devotion.
“Lafont d’Aussonne.”
At once I saw through the plot, and wishing to find out what offers would be made me, I replied in such a fashion as to let it be believed that I was quite willing to make concessions.
MARIA STELLA, LADY NEWBOROUGH, BARONNE DE STERNBERG
MARIA STELLA, LADY NEWBOROUGH, BARONNE DE STERNBERG
My friend fell into the trap, loudly applauded my quite futile letter and sent me a curious composition, of which M. d’Aussonne declared he had secretly sent a copy to my adversary.
“Monseigneur,“As M. de Broval’s illness or sufferings may last some long time, I take the respectful liberty of addressing you directly.“I have not forgotten that, five years ago, your Royal Highness did me the honour to send for me to your gallery that I might give my opinion on some wrongly-named or doubtfulportraits, and that you received me with marked affability.“Something has now happened, monseigneur, which, in a fashion, brings me again to your notice.“Lady Newborough, Baronne de Sternberg, having read with great interest at Nice, where she was then living, myMémoires universels de la Reine de France, wished to know its author; and this lady, pleased with my eagerness, has entrusted me with the revision of her own Memoirs written entirely in her own hand, that I may put them into shape and give them a literary style.“Devoted as my whole life has been to the defence of the greatly unfortunate, I did not hesitate to accept this commission; and I think I have made some improvements in a book good society seems to me to be eagerly expecting, here and elsewhere.“With my mind full of the strange details contained in these Memoirs, I cannot help looking upon the prodigious noise such revelations will make in the world asa great political event; and I ask myself if I should not be doing a goodaction in endeavouring to find some means for bringing about conciliation and peace.“There is no room for doubt, monseigneur, that milady, by the advice of her lawyers, will find herself obliged to prove, by numberless traits, character and conduct that the inhuman father, by whom she was forsaken, made the criminal exchange for hisown immoral ends. After this, we shall see this father, already so notorious, handed over to the judgment of all Europe. As to the gist of the principal question, monseigneur, you must already know everything. You know of Lorenzo Chiappini’s clear statement, made but a few moments before his death; you know of the numerous depositions of so many candid and unexceptionable witnesses; you know of the solemn decree of the august Tribunal which restored to Maria Stella her original position, and as a consequence, her rights.“From the moment that striking judgment was pronounced, milady was enabled fearlessly to sign herselfnée de Joinville; and we have no other Joinvilles but the Princes of the House of Orleans.“The documents obtained in Italy are alreadyvery considerable; those discovered in France are not less so; and the two journeys in Italy are proved.“To these remarkable details I beg your Highness to be pleased to add the following facts.“Milady’s profile is extraordinarily like that of Madame la Dauphine; seen at three-quarters her face is the image of that of Mademoiselle d’Orléans, etc. Lord Newborough, her eldest son, bears so strong a resemblance to Louis XIV, and her second son, M. Chevalier Wins (sic) to the late Comte de Beaujolais, that the artists are amazed.“And now, monseigneur, I will add, by your gracious permission, a fact which is as extraordinary and seems miraculous; the two brothers Chiappini, each the image of his father, have the honour of resembling you. The inhabitants of Florence and Modigliana are all agreed on this point.“I have given you but a short summary of this important affair, known to no one better than to myself since I have had everything under my own eyes.“My great respect for the name of Bourbonleads me to hope that confidential matter of this kind may not be told in the market-place, to become the fable or the romance of all parties. With all my heart I desire that the life of our beloved Duc de Bordeaux may be spared; but if, by a stroke of fate, that fragile olive-branch were snatched from France, the Salic Law would call your children to the throne, and it might be painful, perhaps dangerous, for them not to have public opinion with them.“You anticipate, monseigneur, what would be my respectful advice, and I beg you to see in my action no motives but those dictated by kindness, wisdom and prudence.“The excellent milady, who admires my works, has favoured their author with her partial confidence; but I have the honour of writing to you without her knowledge.“I wish to help her to the ease of mind so astounding a trial could not fail to destroy; and, if you have sufficient trust in me to accept me as intermediary, I feel a secret presentiment that I shall be able to induce her to make peace.“I am a daily witness of her respect and admiration for Louis XIV, Henri IV, etc., whomshe looks upon as her ancestors; but I know, too, that she adores her beloved Edward, her youngest son, from whom she has been cruelly separated; and by this very natural way I think I may reach her heart.“If so, I shall rejoice at having restored her to life and peace, and to have spared you, monseigneur, an unpleasant dispute through which your children, sooner or later, must have suffered.“Allow me with the greatest respect to sign myself your Royal Highness’s very humble and obedient servant,“Lafont d’Aussonne.”
“Monseigneur,
“As M. de Broval’s illness or sufferings may last some long time, I take the respectful liberty of addressing you directly.
“I have not forgotten that, five years ago, your Royal Highness did me the honour to send for me to your gallery that I might give my opinion on some wrongly-named or doubtfulportraits, and that you received me with marked affability.
“Something has now happened, monseigneur, which, in a fashion, brings me again to your notice.
“Lady Newborough, Baronne de Sternberg, having read with great interest at Nice, where she was then living, myMémoires universels de la Reine de France, wished to know its author; and this lady, pleased with my eagerness, has entrusted me with the revision of her own Memoirs written entirely in her own hand, that I may put them into shape and give them a literary style.
“Devoted as my whole life has been to the defence of the greatly unfortunate, I did not hesitate to accept this commission; and I think I have made some improvements in a book good society seems to me to be eagerly expecting, here and elsewhere.
“With my mind full of the strange details contained in these Memoirs, I cannot help looking upon the prodigious noise such revelations will make in the world asa great political event; and I ask myself if I should not be doing a goodaction in endeavouring to find some means for bringing about conciliation and peace.
“There is no room for doubt, monseigneur, that milady, by the advice of her lawyers, will find herself obliged to prove, by numberless traits, character and conduct that the inhuman father, by whom she was forsaken, made the criminal exchange for hisown immoral ends. After this, we shall see this father, already so notorious, handed over to the judgment of all Europe. As to the gist of the principal question, monseigneur, you must already know everything. You know of Lorenzo Chiappini’s clear statement, made but a few moments before his death; you know of the numerous depositions of so many candid and unexceptionable witnesses; you know of the solemn decree of the august Tribunal which restored to Maria Stella her original position, and as a consequence, her rights.
“From the moment that striking judgment was pronounced, milady was enabled fearlessly to sign herselfnée de Joinville; and we have no other Joinvilles but the Princes of the House of Orleans.
“The documents obtained in Italy are alreadyvery considerable; those discovered in France are not less so; and the two journeys in Italy are proved.
“To these remarkable details I beg your Highness to be pleased to add the following facts.
“Milady’s profile is extraordinarily like that of Madame la Dauphine; seen at three-quarters her face is the image of that of Mademoiselle d’Orléans, etc. Lord Newborough, her eldest son, bears so strong a resemblance to Louis XIV, and her second son, M. Chevalier Wins (sic) to the late Comte de Beaujolais, that the artists are amazed.
“And now, monseigneur, I will add, by your gracious permission, a fact which is as extraordinary and seems miraculous; the two brothers Chiappini, each the image of his father, have the honour of resembling you. The inhabitants of Florence and Modigliana are all agreed on this point.
“I have given you but a short summary of this important affair, known to no one better than to myself since I have had everything under my own eyes.
“My great respect for the name of Bourbonleads me to hope that confidential matter of this kind may not be told in the market-place, to become the fable or the romance of all parties. With all my heart I desire that the life of our beloved Duc de Bordeaux may be spared; but if, by a stroke of fate, that fragile olive-branch were snatched from France, the Salic Law would call your children to the throne, and it might be painful, perhaps dangerous, for them not to have public opinion with them.
“You anticipate, monseigneur, what would be my respectful advice, and I beg you to see in my action no motives but those dictated by kindness, wisdom and prudence.
“The excellent milady, who admires my works, has favoured their author with her partial confidence; but I have the honour of writing to you without her knowledge.
“I wish to help her to the ease of mind so astounding a trial could not fail to destroy; and, if you have sufficient trust in me to accept me as intermediary, I feel a secret presentiment that I shall be able to induce her to make peace.
“I am a daily witness of her respect and admiration for Louis XIV, Henri IV, etc., whomshe looks upon as her ancestors; but I know, too, that she adores her beloved Edward, her youngest son, from whom she has been cruelly separated; and by this very natural way I think I may reach her heart.
“If so, I shall rejoice at having restored her to life and peace, and to have spared you, monseigneur, an unpleasant dispute through which your children, sooner or later, must have suffered.
“Allow me with the greatest respect to sign myself your Royal Highness’s very humble and obedient servant,
“Lafont d’Aussonne.”
All this inspired me with invincible dread of a man who, like so many others, thus played me false. To escape his snares I began by politely refusing to see him; then, under various pretexts, I asked him to send back my books and papers, and tried to make him understand my very natural apprehensions. His letters will prove the accuracy of my statements—
1st. “Madame, I have the honour to return you the books relating to the great affair. I willalso collect the papers you ask for and this evening you shall receive them in a sealed parcel. I like to take back such important things myself.“For God’s sake don’t allow yourself to have any doubt of me or my doings. I am doing what is for the best, and for your sole and veritable benefit.“If I asked to see you for a moment, it was to tell you of a most important matter which has to do with what you were told in Italy—that aFrench ecclesiastic knew a great secret concerning all this.“While I write to you, a person in my confidence is taking the necessary steps for discovering what the Duke wishes to do as to the matter about which I wrote to him.“Rest assured, milady, that God decreed your acquaintance with me, and that you will never find another with a heart so good and large as mine, or so noble a probity.“But your misfortunes have naturally made you timid and suspicious, and you may feel quite certain that I am too reasonable to take offence. Your most respectful and devoted servant,” etc.2nd.—“Madame, What I told you in my letterof yesterday rests on the evidence of two persons, of whom one, aged and infirm, and of a timid and nervous disposition, has told me what she knows, and by her explanations has enabled me to explain to myself things which formerly did not sufficiently influence me, for I was the best friend and vindicator ofhim who knew all.“The other person, who is still alive, will play no part whatever in all this, so greatly does she dread the vengeance of the Duke of Orleans.“But I, who do not fear him, promise you that, ifwe go on acting in unison, I will state and proclaim everything.“How could you, madame, suppose for one moment that my actions concealed any plot—actions as clear as day?“After making a thorough examination of your case, I perceived many probabilities, but, unfortunately, not enough proofs; and that is why, as an honourable and kindly man, I advised you to consent to a compromise, supposing your wealthy adversary able to make up his mind to a sacrifice.“In this way you would have gained an increase of fortune to the benefit of your son, while thePrince,realorsupposed, would have retained the votes and the respect of the common people which your Memoirs and the noise of the trial must inevitably have lost for him.“No, milady, Mme. Fleury and I have not joined in any plot against you; since that wicked Irishwoman wanted the Duke to crush you by his power without giving you anything out of his riches; while what I desire is that if he and you come to some arrangement, he shall make over to you a considerable sum.“The letter I sent him is surely proof enough of that.“Is that letter, wherein I made such outspoken and humiliating statements, nothing in your eyes? Is that possible? And what can I do, Madame, to prove to you my sincerity and integrity?“Oh! what a lesson for me!“I must end here a letter I did not think to make so long.“I have served you zealously, milady; and I don’t regret it, for I believe your cause to be a just one in the sight of God and of nature.“I withdraw without resentment, although I am much hurt by the insult offered to me.“If the Duke comes to know what has taken place, he will be much rejoiced, for he dreads my pen and the strength of my writings.“With all respect, madame,” etc.
1st. “Madame, I have the honour to return you the books relating to the great affair. I willalso collect the papers you ask for and this evening you shall receive them in a sealed parcel. I like to take back such important things myself.
“For God’s sake don’t allow yourself to have any doubt of me or my doings. I am doing what is for the best, and for your sole and veritable benefit.
“If I asked to see you for a moment, it was to tell you of a most important matter which has to do with what you were told in Italy—that aFrench ecclesiastic knew a great secret concerning all this.
“While I write to you, a person in my confidence is taking the necessary steps for discovering what the Duke wishes to do as to the matter about which I wrote to him.
“Rest assured, milady, that God decreed your acquaintance with me, and that you will never find another with a heart so good and large as mine, or so noble a probity.
“But your misfortunes have naturally made you timid and suspicious, and you may feel quite certain that I am too reasonable to take offence. Your most respectful and devoted servant,” etc.
2nd.—“Madame, What I told you in my letterof yesterday rests on the evidence of two persons, of whom one, aged and infirm, and of a timid and nervous disposition, has told me what she knows, and by her explanations has enabled me to explain to myself things which formerly did not sufficiently influence me, for I was the best friend and vindicator ofhim who knew all.
“The other person, who is still alive, will play no part whatever in all this, so greatly does she dread the vengeance of the Duke of Orleans.
“But I, who do not fear him, promise you that, ifwe go on acting in unison, I will state and proclaim everything.
“How could you, madame, suppose for one moment that my actions concealed any plot—actions as clear as day?
“After making a thorough examination of your case, I perceived many probabilities, but, unfortunately, not enough proofs; and that is why, as an honourable and kindly man, I advised you to consent to a compromise, supposing your wealthy adversary able to make up his mind to a sacrifice.
“In this way you would have gained an increase of fortune to the benefit of your son, while thePrince,realorsupposed, would have retained the votes and the respect of the common people which your Memoirs and the noise of the trial must inevitably have lost for him.
“No, milady, Mme. Fleury and I have not joined in any plot against you; since that wicked Irishwoman wanted the Duke to crush you by his power without giving you anything out of his riches; while what I desire is that if he and you come to some arrangement, he shall make over to you a considerable sum.
“The letter I sent him is surely proof enough of that.
“Is that letter, wherein I made such outspoken and humiliating statements, nothing in your eyes? Is that possible? And what can I do, Madame, to prove to you my sincerity and integrity?
“Oh! what a lesson for me!
“I must end here a letter I did not think to make so long.
“I have served you zealously, milady; and I don’t regret it, for I believe your cause to be a just one in the sight of God and of nature.
“I withdraw without resentment, although I am much hurt by the insult offered to me.
“If the Duke comes to know what has taken place, he will be much rejoiced, for he dreads my pen and the strength of my writings.
“With all respect, madame,” etc.
In spite of all these protestations, he could not win back my confidence, and I would have nothing more to do with him.
Mills’s sister-in-law was still with me; but for the last few days I had noticed a complete change in her for which I could not account and which she would explain to me only by pleading indisposition.
One morning her younger sister made her appearance and told me she wished to take her sister back with her to stay while the carnival lasted, as while she was with me she had no chance of enjoying the entertainments connected with it.
Glad of this opportunity, I replied at once—
“With pleasure; I should be very sorry to put her out. Let her stay at home as long as she likes.”
The two ungrateful creatures went off at once to collect the munificent gifts I had made them,packed up their parcels, and, from that moment, never once took the trouble to inquire after me.
I saw at last—but too late—what sort of family this was, and to what a set of people I had so generously given myself over.
It was only with the greatest difficulty that I managed to get a statement of my accounts, and when I did receive it, I found myself finely tricked!
For a few private consultations of no importance, and a few drives about Paris, the considerate lawyer was content with asking me thebagatelleof 6000 francs;inadvertentlyindebted me with £300 sterling, and exacted the rigorous payment to him of interest for which he had promised I should not be liable!
I held my tongue, hoping he would not force me to divulge what I knew of myself or had heard spoken of.
My eldest son had known him better than I did; he wrote later to me from Marseilles that he had always had strong suspicions about him and had never ceased to look upon him as a professional humbug.
This letter from the young Lord Newborough,as well as showing the great affection he had for me, gave me besides two strong grounds for consolation in the midst of my trouble, by assuring me of the restoration of his own health and of his undying attachment to my dear Edward.… I knew that for some time he had been suffering from a weak lung, and remembering his antecedents, I had felt grave fears; on the other hand, the future of my third son was a source of painful anxiety to me.
But his kind brother did away with all my troubles on both matters by telling me that the mild climate of southern Europe had quite restored his strength, and by asking me to tell Edward that he could henceforth look upon Glynllifon Castle as his own house.
Could anything be sweeter to the heart of a loving mother? And it was not the only sign of filial love that came to ease my mind. The youngest of my children never failed from time to time to send me the expression of his ardent love for me. This is one of his recent letters—
“I am delighted to see that ourgreat affairis beginning to get cleared up and looks so well. I wish with all my heart that it may go in our favour,and that you may at last be able to enjoy some compensation for the vicissitudes and cares and worries which you have had to bear for the last seven or eight years.
“Believe me, my dear mother, my most earnest prayer is that I may see you win the victory in a trial you have so much at heart and which so nearly concerns our family and your name, etc.”
The Cause of my Delay—My Trustfulness—Louis-Philippe, Duke of Orleans—Louis-Philippe-Joseph, his Son—Chief Vices of the Last—Bad Son—Bad Husband—Bad Father Bad Friend—Bad Citizen—Consequent Results.
The Cause of my Delay—My Trustfulness—Louis-Philippe, Duke of Orleans—Louis-Philippe-Joseph, his Son—Chief Vices of the Last—Bad Son—Bad Husband—Bad Father Bad Friend—Bad Citizen—Consequent Results.
I ask my readers to forgive me for having so long entertained them with so many tiresome details. I had no thought at first of doing so, but the recent attempts at the most impudent frauds[17]have more and more fully convinced me that I cannot make too well known the various events which have brought about the deferring of my just claims.
And if my silence since I succeeded in getting back my deeds from the hateful Cooper causes some surprise, it must be told that they were hardly once more in my possession before I handed them over to a lawyer of reputation, who, after keeping them a couple of months, wrote to me that, before definitely undertaking my case, he wished, through the medium of M. de Broval orM. Dupin,[18]to get leave to make researches in the archives of the house of Orleans.
“The result of this step,” he said, “would be decisive, and, when it had been taken, we could decide as to the following up or the relinquishing of the trial.”
It will be believed that I could not consent to be thus put at the mercy of my adversary. I asked for the return of my papers; but once more I could not get them without the payment of 100 francs for the time mycomiclawyer had thought good to make me lose.
I then decided to have recourse to one of thosecolossal celebritieswhose sublime eminence seems to place them so high above the fatal bait of bribes;[19]and these were at first his fine promises—
“Madame la Baronne, I have not yet been able to examine the papers you were kind enough to send me. I propose to devote the whole day to them to-morrow, and I will at once give you my opinion on thisimportantbusiness.“Pray accept, madame, the humble respects of your obedient servant,“B. F.”
“Madame la Baronne, I have not yet been able to examine the papers you were kind enough to send me. I propose to devote the whole day to them to-morrow, and I will at once give you my opinion on thisimportantbusiness.
“Pray accept, madame, the humble respects of your obedient servant,
“B. F.”
Who could believe that more than fifty days after I received this letter, my packet had not even been opened, and that theimportantbusiness rested in oblivion?
At last I put it into the hands of a man whose excellent references proved him worthy of my confidence; he will not abuse it, and most certainly neither he nor those he will employ in my service will behave like those who, acting for me in the Cooper business, so cruelly ground me down.
Yes, I hope Providence has not quite forsaken me, and that the day of victory will come; the many valuable discoveries the base machinations of my enemies have been unable to prevent me making, vouch for it, and give me confidence amidst my many tribulations. Kindly lend me your ears still.
In 1773, at the time of the infamous substitution, these were the members of the house of Orleans.
The Prince of that name was Louis-Philippe, who married first Louise-Henriette de Bourbon-Conti, and, secondly, Madame de Montesson; but this last union was always kept secret.
Of the first marriage was born Louis-Philippe-Joseph, then commonly called Duc de Chartres, who, in his turn, became Duke of Orleans, a title he gave up later to assume the ludicrous nickname of Egalité, under which he made himself so ignominiously notorious. He had married Mademoiselle Louise Marie Adélaïde, daughter of the Duc de Bourbon Penthièvre, who died in 1821, under the name of the Dowager Duchess of Orleans.
Louis-Philippe-Joseph is precisely the person who, according to a host of admitted facts,seemsto us to have been the guilty perpetrator of the criminal exchange; I sayseems, for submitting beforehand to the final decision of my judges, I will do nothing to prejudice it.
I will not say, with the historians of his life,[20]that the Duc de Chartres, when scarcely out ofhis boyhood, showed the most depraved tastes, and took no pleasure but in wickedness.
I will not say that from his youth upwards his degrading vices made him the object of universal contempt, and ended by earning for him the vilest names.
I will not repeat that in his inextinguishable passion for riches he was not afraid to show the greatest impatience at the prolongation of his father’s life; that, not satisfied with degrading himself, he was willing publicly to dishonour her who had borne him in her bosom, and shamelessly forswore his glorious descent from the most august blood.
I will not repeat that his wife had the constant affliction of finding her efforts to lead him into the ways of a wise moderation quite useless, and that she had to endure hardships of all sorts from a husband both hard and unfaithful.
I will not repeat that he pitilessly sent the sad fruits of his profligacy to the asylum for the poor, and that his legitimate children, given over very early into the hands of strangers, were never the objects of his care, seldom of his endearments.
THE DUCHESS OF ORLEANSLOUISE MARIE ADÉLAÏDE DE BOURBON-PENTHIÈVREWIFE OF PHILIPPE-ÉGALITÉ
THE DUCHESS OF ORLEANS
LOUISE MARIE ADÉLAÏDE DE BOURBON-PENTHIÈVREWIFE OF PHILIPPE-ÉGALITÉ
I will not repeat that, bad son, bad husband,bad father, he could not fail to be a bad friend, and that many of his confidants were the victims of his perfidy or his rage.[21]
I will not repeat that his presumptuous rebellion, his implacable hatred for the best of kings; the murderous outcries against him he so shamelessly raised, and which, even in his own eyes, proved him the most hateful of citizens, forced from him that admission, as true as humiliating, “I would as soon be guillotined as banished, for where is the country that would receive me?”
But no more—for I blush as I write these lines and my heart bleeds with shame!
Besides, does it need more to represent the man we have just described as quite capable of the crime we think we have the right to impute to him?
Still, we admit that the reality of a thing cannot be deduced from its mere possibility, so we will enforce it by arguments of quite another nature.
An Incontestable Principle—Title and Fief of Joinville—Travels under that Name—The Comte’s Titles—His Description—His Character—Deposition of the Signora Galuppi-Toschi—Certificate of the Conte Falopio—That of the Priest Carlo Brunone—Letter from Baron Vincy—Attestation of M. D.—Summary.
An Incontestable Principle—Title and Fief of Joinville—Travels under that Name—The Comte’s Titles—His Description—His Character—Deposition of the Signora Galuppi-Toschi—Certificate of the Conte Falopio—That of the Priest Carlo Brunone—Letter from Baron Vincy—Attestation of M. D.—Summary.
Identity of name, title, description, character, position, time and place, are doubtless enough to establish identity of person, or nothing would be able to prove it.
Let us apply this clear principle to the matter in hand, and it will end in proof.
1st.The name.Let us remember that the chief agent of the hateful substitution was a Frenchman called Louis, Comte de Joinville. Now, as history and the whole of the aristocracy are silent on the matter, we cannot even imagine that this title in 1773 belonged to any one not of the Orleans family. Let us see if it could then be foundinthat family.
The Fief of Joinville, raised to a barony at the beginning of the eleventh century, and to a principalityunder Henri II, after passing successively to several lords, had at last fallen into the female line by the death, on March 16, 1675, of the Duc de Guiche, Prince de Joinville; andMademoiselle, the daughter of Gaston de France, having inherited it in her own right from her maternal grandmother, Catherine-Henriette de Joyeuse, Duchesse de Guise, left it by will to her cousin-german, Philippe de France,Monsieur, only brother of Louis XIV, and head of the Orleans branch. Whence it follows that this principality is actually patrimonial in that family, and that the Duc de Chartres, son of its chief, had the right to call himself by that name.
I say more: open the books written about him, and the frontispiece will show that he was not only Duc de Valois, de Nemours, de Montpensier, d’Etampes, but also Comte de Beaujolais, deJoinville, de Vermandois, and de Soïssons.[22]
I say still more: that is precisely the name under which he and his wife were accustomed to travel.
In 1778 she assumed it to go to Holland; he had taken it in 1777 to visit the Netherlands; theyear before it was the title borne by the Duchess during the whole of her tour in Italy;[23]and to speak only of the year of the exchange, the newspapers of the day forbid any doubt that, under that name, and in the summer, the Duke had made a pretty long journey.[24]And worthy witnesses, whose valuable evidence we shall presently quote, declare that the august couple bore that title precisely at the time of the exchange and in the very districts where this horrible agreement was made.[25]
2nd.The Rank.According to the decree of Faenza, the Comte de Joinville was a Frenchnobleman; almost all the witnesses testified to his being rich and powerful, and if we may believe the evidence of one who ought to have known more than any one else, since he had it direct from the man who no doubt had categorically interrogated the Comte after his arrest at Brisighella—he was nothing less than aprince in disguise.[26]
It will be remembered, too, that having been led before the Cardinal-Legate at Ravenna, the Cardinal, on recognizing him, welcomed him warmly, affectionately embraced him, and at once set him entirely at liberty.
Now, it must be pointed out that the etiquette of the Roman Church is that Cardinals must embrace only the members of reigning houses, and it could have been only the consideration due to so august a rank that could have cut short the prosecution already set on foot by the inexorable agents of the Inquisition.
Now, supposing the titles ofComte de Joinville, a great French nobleman belonging in 1773 to a reigning familyto be united in a single person,who would not at once recognize Louis-Philippe-Joseph?
3rd.The Description.The Comte de Joinville, the Italian witnesses tell us, had a fine figure; he was rather stout, had a brownish complexion, a red and pimply nose, and splendid legs.
But is not this the exact description of the Duc de Chartres as given me by the Abbé de Saint-Fare, who was his natural brother? A description agreeing completely with that of all who knew him. Here is one among many written by a man who had, so to speak, always lived with him—
“Louis-Philippe-Joseph was a fine man in every sense of the word. His figure, of more than middle height, was gracefully and faultlessly proportioned. The lower part of his body, from the waist downwards, could not have been better made; the rest was rather heavy, but this stoutness was not ungraceful.
“As a result of his debauches, his nose and the lower part of his forehead were covered with small red pimples; and this sort of mask, which in fact disfigured him, but which he owed to hisdissolute life and not to nature, made many people say that his face was hideous.”[27]
4th.Character.The Comte de Joinville’s habits led him to extreme familiarity with people of low condition, and to great generosity where the success of his ambitious projects was concerned; the positive evidence of witnesses, his sudden intimacy with the jailer, and the presents he made him, leave no room for doubt on that question. But by these signs how can we do anything but believe in the portrait drawn by all historians alike of the Duc de Chartres?
“He loved,” they say, “to mix with the crowd, and was never so happy as when he was able to cast off restraint and etiquette; he had a lively and caustic wit, liked to banter his inferiors, and showed no displeasure at their bantering him. Despite the avarice of which he gave so many proofs, which went so far as to make him say that ‘a crown in his pocket was worth more to him than all public esteem,’ he made no difficulty in scattering his sordid gains with profusion, eitherto obtain nominations to the States-General or to gain the affection of the great nation he wished to captivate.”[28]
5th.The Circumstances.We have seen that the Comte de Joinville had some reason to fear that his wife would never give him a male child, and that, in that case, he was afraid of losing a great inheritance absolutely depending on the birth of a son.
Now all the world knows that, in 1773, the Duchesse de Chartres, though in the full bloom of her radiant youth, had, in the four years of her marriage, borne only one daughter, who died at birth on the 10th of October, 1771.[29]
Her ambitious and covetous husband must therefore have greatly dreaded not only the fading away of his flattering hope of winning for his line the good graces of his compatriots, so as to obtain from them thehappy transferenceof that crown of France, the object of so many longings, so many intrigues, so many secret manœuvres—it may be obscure crimes—but alsoto fail in concentrating on his family the whole affection of his father-in-law, the richest of princes, who, still only forty-eight years old, had, since the death of his wife,[30]pretty often shown his intention of contracting a second alliance.[31]
Here again, one feels, the identity is absolute. Finally, let us come to the point which seems to us to sum up everything, and is the most important and the best proved of all.
6th.The Time and Place.It was in the spring of the year 1773 that on the heights of the Apennines and in a diocese under the rule of the Papal States, the Comte de Joinville, by means of a most atrocious agreement, succeeded in securing an heir to his name and his lofty hopes.
Can it be true that Louis-Philippe-Joseph and his wife were actually in those districts at that time?
Let us boldly declare that there is no doubt about it.
During my stay at Genoa I learnt that at Reggio there lived a lady formerly in the serviceof the d’Este family, and who had heard the mysterious journey spoken of.
It will be easily believed that I lost no time in writing to her, and in her turn she made no delay in answering my questions, and assured me she would willingly testify, in a Court of Law if necessary, to everything she had told me.
Delighted at this promise, I gave my orders so as to make sure of a properly drawn-up document.
I chose my lawyer; a proxy was appointed for the Comte and Comtesse de Joinville and any other person absent interested in the case.
In a word, all preliminary formalities having been duly performed, the interrogation was carried out,in consideration of her circumstances, at the lady’s own house.
After having sworn to speak the whole truth, and being questioned as to the reason of her appearance, her age, her domicile, and her memory, she answered—
“It is in order to obey the command I have legally received from M. le Président that I have consented to this examination. I am sixty-four years old; I live at Reggio, my native town, andI was actually born in the palace of S. A. S. the Duchess Maria-Teresa Cybo d’Este, where my late father, Josophat Galuppi, held the post of auditor of accounts and wardrobe keeper to the Duke Francesco.
“My memory is very good, and I have a clear recollection of things that happened in my young days.”
Asked as to whether, while the aforesaid Duchess was living at Reggio, a certain remarkable prince and princess had come there, she answered—
“During the year 1773, and, it seems to me, in the late spring, their Royal Highnesses the Duc Louis-Philippe de Chartres and his wife, the Duchesse Louise-Marie, passed through this town, on their way, I think, from the Papal States.
“I know this because I was present when Count Manetti, the Duchess Maria-Teresa Cybo’s major-domo, was sent to the hotel to welcome the aforesaid Prince and Princess and invite them to the Court. I know it also because I was in a back room when Count Manetti came back, and I quite distinctly heard him say that their Highnesses sent their thanks, but could not accept the invitation,partly because of the incognito they wanted to preserve, as they were travelling under the name of theComtes de Joinville, French, and partly because of the short time they were staying.”
Questioned as to whether she knew of any visit of this Prince and this Princess of Chartres to the town at any other time than the above, she answered—
“In 1776, just at the time of the fair in the month of May and when several other princes were also at Reggio, this same Princesse Louise-Marie de Chartres arrived in this town and stayed here till June. She lived in the Giucciardi Palace which my father had got ready for her by order of the Duke Francesco. This time I saw her come to the Court where I was then living. When she came, every one told me she was the Duchesse de Chartres, and it was as such that she was known and saluted by all persons of distinction.”
After these questions the examination was gone over again in the order of the records of the trial which the notary public read to this valuable witness, who said—
On the first: “It is quite true that during thespring of the year 1773 their Serene Highnesses the Duc Louis-Philippe de Chartres and the Duchesse Louise-Marie, his wife, passed through Reggio on their way from the Papal States; and that the same Princess in 1776, with other Princes, came to the fair being held at Reggio in the month of May.”
On the second: “It is equally true that the aforesaid Prince and Princess were travellingincognitoand with a small suite, and called themselves theComte and Comtesse de Joinville.”
On the third: “It is also the absolute truth that at the news of their arrival in Reggio, the Duchess Maria-Teresa Cybo d’Este sent her major-domo, Count Manetti, to welcome these illustrious personages and to ask them to come to Court. But they did not accept the invitation, alleging thestrict incognito they were keeping, and the preparations already made for an early departure. And all this I know for the reasons already given.”
Finally, to other minor questions put to her she gave pertinent answers: that she professed the Catholic religion; that she married the noble Signore Maria-Toschi of Reggio; that she wasnot a relation of mine, nor connected with me in any way; that her statement had not been prompted by any one, and that she had been guided solely by her love of right and justice.
Her deposition having been read, she ratified it and confirmed it by her signature.
In the letter she did me the honour of writing to me she mentions two things omitted in the interrogatory: i.e.that the answer given to the Count Manetti had often since been repeated to her by the people about the Court, and that the illustrious travellers, after spending the night in the hotel they had come to, left very early the next morning.
After such satisfactory evidence as this I sought further, and found means for fully corroborating it.
First, this is the declaration of one who occupies a very distinguished position—