Chapter 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. _You_ are not 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 whether he 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 that _one_ person shall take cognizance of the matter rather than _two_ or _three_; 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 friendly offices 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."
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A Battle of the Books, recorded by an unknown writer for the use of authors and publishersChapter M: N. to H., P., & Co., November 17
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