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CHAPTER XII.
LITIGATION AND VEXATION.
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What dire malignant planet sheds,
Ye bards, his influence on your heads?
Lawyers, by endless controversies,
Consume unthinking clients’ purses,
As Pharaoh’s kine, which strange and odd is,
Devoured the plump and well-fed bodies.— Broome. |
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I must preface this painful chapter by
declaring my belief that if Mr. Taylor had had
anything of the knave in him, or been imbued with a moderate quantum of worldly wisdom, our
disputes might have been accommodated; but he was truly, as I have depicted him, a man of
the stage, and would not be reasoned with or advised. H1s conduct was throughout so
irrational, that to the very last I never could divest myself of the idea that he was only
acting; and, in stating this case, I rejoice that I have approached so much nearer our own
date, that there are many living witnesses of the highest character who can attest the
perfect truth of my statements respecting this miserable miscarriage and wreck of fortune.
His son, now living, is, I am informed, an estimable man, and I doubt not his young
reminiscences are yet taxed with some of the scenes he could not help witnessing, but, with
all his filial affections, I believe he must assent to the perfect truth of my narrative;
and, as I have said nothing to affect his father’s moral ![]()
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worth,
but the reverse, I trust that no word I have written can displease or pain him.
Mr. Taylor had also a brother, an oculist, as he himself had been,
and a sister, and both were a little eccentric in character.
It has been said, “you had better have dealings with a rogue than a
fool;” since a rogue can at any rate be convinced to act for his own interest. In
this matter I can certainly ascribe (and I am thankful I can do so) my loss and vexation to
a weak judgment and not to a bad heart.
Early in the disagreement, mutual friends on all sides were anxious to
prevent the evils they foresaw, and from memoranda I have before me, I find that Mr. Thomas Clarke (of the firm of Fynmore and Clarke, Mr. Taylor’s solicitors), had proposed, on the part
of Mr. Taylor, that we should refer our differences to arbitration, so
that we might go on together on pacific terms. Previously to this I had taken the opinion
of counsel, as copied in a preceding chapter, upon the point of bringing an action against
him for slander; and if this proceeding was to be stopped by a reference, I insisted, as a
preliminary, that he should disavow in writing the “knowledge of any thing which
could militate against my reputation as an honest man, or my honour as a
gentleman,” as the “only grounds on which he could resume an amicable
connection with credit to himself;” and my letter to Mr.
Clarke added—
“It is needless to observe that after what has passed, some time
of good faith and regulated intercourse must elapse, and mutual proofs of a
determination to act properly together must be given, before anything like a cordial
reconciliation takes place. What sacrifices are made now, are made to interest and not
to affection. That I am not of a vindictive disposition, I presume Mr. Taylor’s experience of ![]()
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me will acknowledge, and the legal course I have resorted to will confirm. I could have
harassed Mr. Taylor with lawsuits, which, though not sufficient
for my purpose, would have exposed him to great expenses (I speak as advised by eminent
counsel). I have not done this: finding obstacles in the way of full self-vindication,
I dropped all proceedings, which could only have gratified revenge. The steps I have
taken are merely calculated to define our mutual rights. This, I imagine, is the object
proposed by a reference. Perhaps it might, with the preliminary before stated, be
attained by agreement even without the latter expense. Shortly, then, will
Mr. Taylor write the letter I demand, and state his
willingness to go on amicably with me? If he at once adopts this just and salutary
course, I am not afraid but he will endeavour to repair the bitter injuries he has done
me in all quarters. As passion led him to endeavour to blast the hopes of a fellow
creature, a better feeling will induce him to employ stronger efforts to eradicate the
evil he has planted.
“It will then be requisite to state precisely what he wishes to
have referred. I have nothing to gain by this but peace, and a co-operation, more for
his own advantage than mine, and I will yield to it only on these grounds; for, after
the opinions I have had of the first lawyers, I am not at all apprehensive but that I
can very summarily establish all the pretensions which I set up.
“Your immediate answer to this letter, written in the spirit of
conciliation, is requested, as, if satisfactory, I may pause in incurring heavy
expenses.
“Yours truly, &c.,
“W. J.”
The legal difficulties above alluded to will be readily ![]()
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comprehended by those who are aware of the technicalities which shut
out the truths of the whole of any case being allowed to be brought out in a court of
justice. This and that are out of the record, or something or another of that sort is sure
to prevent the disclosure or proof of circumstances which parties may consider most
material; but which are, perhaps necessarily, excluded as not directly bearing upon the
issue in question, and opening too wide a field for the established system of forensic
investigation. The legal opinions I have quoted will illustrate this. But meanwhile I find
the next mention of
Mr. Taylor, is a proposition
about the sale of his share in the property, or the purchase of all. My letter to Messrs.
Fynmore and
Clarke will show how this was received:—
“Little Chelsea, Feb. 8th, 1816.
“Gentlemen,
“I confess that while so important a part of our
correspondence as my letter of the 20th ult., is lying unnoticed, I was
surprised by your note of yesterday, requiring ‘an early and definite
answer.’ The purport of that note, besides this indecorum, I do not
clearly apprehend. Sure I am, that you would not be the conscious instruments
of a design to entrap me into unwary concessions, and your client has no claim
for any voluntary facilities towards his speculations to be afforded on my
part. If he purchase, or if he sell, it must be at his own responsibility; I
absolve myself from interference with, and still more distinctly from
sanctioning, either.
“I inclose two letters for your client, open, that you
may be aware of their contents. My object in calling for a settlement of
accounts is that I may receive the salary due to me, a current expense, and
such as ought surely to be ![]()
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paid without putting me to the
trouble of taking harassing legal measures to enforce it, and expose what ought
to be kept secret. The other matter is more personal, and explains itself. Be
assured that it is most painful to me to find myself drawn into so unpleasant a
predicament, but constant insults and injuries admit of no medium course, and
have determined me to hold no measures with a person unceasingly on the watch
to turn every transaction to my prejudice.
The meaning of this is explained by the following letter from Mr. Gray, my solicitor, whose sudden and recent death has
caused me, as already noticed, to lament the loss of another old and intimate friend, added
to the dark list of half a century.
This last piece of information deserves a note, illustrative ![]()
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of the law of Dr. and Cr. in those days, and the practices to which
they led.
Archdall was the son-in-law of
Mr. Lane, the editor of the “
Globe” while I was engaged on that journal.
Archdall, unlike the porter-quaffing and pipe-smoking nightly
editor of the
Aurora, described in my first
volume, being only a reporter, prolonged his indulgences throughout the day, and was, in
short, a quiet, large, guzzling native of the Emerald Isle, who would have been fresh and
good-looking but for the reddening splashes on his countenance, and especially on his nose,
occasioned by habitual intemperance. Having good credit as the editor’s son, he got
into some debt for the vivres and tipple, for which he was suddenly called to account; on
which occasion I consented to be one of his bail, my fellow-surety for the production of
his portly and port-filled person when legal occasion required, being a man who kept a
convenient tavern somewhere behind the Admiralty, whence he dispensed chops, with stout
(Pale Ale not yet having become so popular) and other condiments, to clerks in the adjacent
government offices, and responsible newspaper reporters. This Boniface, being also a
considerable creditor, kindly consented to save the now hampered consumer of what hampers
held, from durance vile. Well, I heard no more of the business, and thought little or
nothing about it after; supposing that our friend had settled the disagreeable affair, and
“there an end.” But it was not so; and never could I forget a fine summer
evening, when I was sauntering up the Strand, with some notes of a slight Parliamentary
debate in my pocket, a civil gentleman at the top of Cecil-street, endeavoured to get me
into a little private conversation. I told him I had not leisure to attend to him; and then
he appeared to wish to show me something, which I, fancying it was a rich India shawl, or
some
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beautiful smuggled handkerchiefs, refused to look at. But the
smuggler was persevering, and intimated to me that a Mr. Heinrich, or
Henrich, whom I knew by name as a member of the Eccentric Society,
and an attorney, had something very particular to say to me down the street, where he
lived. Of course I turned down, to ascertain what this interesting communication might be;
and had not proceeded many steps when my new acquaintance tapped me on the shoulder, and
arrested me, in the name of some terrible judge, intimating, at the same time, that he
expected I would remember his civility in not exposing me to capture in the more public
Strand. The attorney who played this unhandsome trick, did reside a few houses down the
street; but my otherwise accommodating companion, who was soon joined by another friend,
would not accompany me thither. I had been joint-bail for a debt of about 20
l., the loss of half of which I thought could not hurt me, but I
was, unwarned and unapprised, in custody for between 60
l. and 70
l., as the writ too clearly witnessed, under somebody’s hand
or hands with which I was not familiar. I was accordingly sorely perplexed, but the bailiff
consented, for a promised consideration, to go with me to the “
Morning Post” office, where I fortunately found my
friend
Mr. Byrne, and, though past banking hours, we
contrived to satisfy the demand, with the few guineas annexed for the delicacy with which
the commission was executed, and the accommodation. I was repaid the balance mentioned in
Mr. Gray’s note, in the manner arranged;
but the poor innkeeper had also been taken, notoriously, from the midst of his business,
and the blight upon his credit led to his ruin. The law is bad enough yet, but it is much
amended since then, and must, now the country is awakened to its oppressions, be quickly
amended much more.
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Poor Archdall, he was truly
ashamed of plunging me into such a scrape. Witness the annexed,—
This however was a momentary and an amusing scratch, while the consuming
sore ripened in the “Sun.” Further
counsel was sought, and every effort, and abstinence from effort, tried in vain to bring
about an accommodation which might avert the consequences of the mad warfare now waging.
Another letter from my solicitor, Mr. Gray, will
explain some new features in the case.
“October 28th, 1816.
“Dear Sir,—
“I had an interview for above an hour to-day with
Mr. Frederick Pollock, and the
inclination of his opinion is very strongly in favour of leaving all matters in
difference to some mutual friend. I represented to him ![]()
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that
Mr. Heriot and
Mr. Clarke had been successively named and
refused by
Taylor, and that he had
offered an arbitration only on some particular points, which, of course, could
not be accepted. Mr. P. says, he thinks you stand at
present in a more imposing position than ever, from having obtained the
judgment against Taylor, and he does not seem to be very
sanguine as to large damages. Though he admits, if even moderate damages were
obtained, it would go a great way to settle with Taylor.
He says as you have received no special damage by the speaking of the words,
the damages will not be very great, but they would either stop his mouth, or
pave the way to a much larger sum on a second offence. He discourages an
indictment for perjury, and says it will utterly preclude, in his opinion, any
arrangements, as a defendant in such a case generally answers to such a
proposition, you have an indictment pending over me, and until that be fixed or
settled some way or other, I cannot treat with you at all.
“My father and myself are to see Mr. Pollock to-morrow. If you could
conveniently previously have an interview with my father (say two o’clock
precisely) it would be quite as well.
“I communicated to my father the result of my
consultation with Mr. Pollock, with whom he does not quite agree.
I had thought that a reference to the former proprietors of the paper,
Messrs. Heriot and Clarke, must have been satisfactory: nothing would do but idle negotiations
and changeable propositions. Every day the “Sun” rose ![]()
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dismally and set in murky, unilluminated
clouds.
Mr. Lewis Goldsmith, the editor of the
“
Antijacobin” newspaper,
and
Mr. Swift of the Regalia Office in the Tower,
were proposed as arbiters to arrange the dispute; but all to no purpose. Mr.
Goldsmith fancied that he had brought the affair to an amicable adjustment;
but he was not aware of the mutability of the party who had apparently acquiesced in his
arrangement, and assured him that he “intended forthwith to go to prepare
arbitration bonds for that purpose.”
Instead of this issue, the petty squabbles and more serious annoyances
were continued with unabated fury. But I will not be tempted to prolong this wretched
history much more; only as I have related it my way, I deem it fair to let the reader know
the full extent of my opponent’s allegations against me. The paper had commenced the
year 1817 without the customary address, and no wonder, for the following is one of my
colleague’s elaborated letters, not exactly in the style of Junius:—
“Sun Office, 112, Strand, Feb. 8th,
1817.
“Sir,—
“You might well apologise to Mrs.
Taylor for your brutal insolence to her husband, but she
despises you too much to care for your manners. She only wants you to do
justice to her husband. You complain of provocation!!! Is not your absolute
tyranny over my property a continued provocation to me? Is your conduct to be
reconciled to any principle of justice, or any feeling of shame? You know you
acquired your power by accident. You never paid a
farthing towards it, but have drained it of a large sum. You know it is justly
my own paper, yet will you permit me to have the least control over it? Do not
you monopolise power in all directions? Might not I, living in ![]()
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the house, if I had a fair and just authority, he of the
utmost service in forwarding the paper, when you, perhaps, are not out of your
bed. Might not
Mr. Carstairs, if any
discretionary power were entrusted to him, prepare for publication early,
render important service to the paper, and in doubtful cases should not I be at
hand to assist him? People will not believe that any man could tyrannise over
another man’s property, as you do over mine? Have you not, in many
instances, brought discredit upon the paper? Must not everything that I write
be submitted to your inspection, and, in spite of all the animosities which the
practice has occasioned, to your
additions or
alterations? Sir, it is insolent to alter even the
position of
a comma of my writing. Do you not garble the
productions of official correspondents, and set your narrow judgment and scanty
knowledge against those who have official information? If this be not the most
horrible provocation, what is? Yet you complain of provocation. You call me a
beggar. You are then a beggar’s dependent, and live upon the credit of a
beggar’s property. But beggar, as you call me, if I had not forborne to
take my salary for two years, and
Mr.
Heriot for the same period, how would you have gained the 800
l. which you took out of the concern, and which,
according to a statement, which has been made out, you owe to the property at
this moment, besides 131
l. 5
s.
for French papers which you never procured, and 116
l.
for the law expenses occasioned by your breach of covenant in trespassing upon
my department, in hiring writers without my permission? Have you not brought a
man who received nothing but kindness from me, and from whom I have received
written acknowledgments to that purpose—have you not brought him to insult me
at the office? After coming shamefully late to the office, do you not make it
often as a coffee-room
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and a gossiping mart, to the delay
of publication, and to the injury, and nearly destruction, of the paper? Yet
you presume to tell Mrs. Taylor of provocation. I most
heartily pity your poor wife, for her afflictions must be heightened by the
consideration that you bring all that she suffers on
yourself by your conduct towards me. While you were responsible to
others you seemed to have some plea, but you now are to be considered as
responsible
to me only. Is not your conduct arrogant,
insolent, and oppressive to the highest degree? As you never could suppose that
the arbitrators would confirm your assumed power, it might have been expected
that you would have abated of your sovereignty by degrees. But have you relaxed
at all? Thank God, I could never commit such conduct, or I should be as callous
as you are to the opinions of mankind. If you had conducted yourself with any
regard to my just rights, and like a gentleman, matters might have been
harmoniously arranged between us. People who have known me all my life, know
that I am far from being of a quarrelsome or unkind disposition; but they know
that I am firm in the maintenance of my rights. I have a wife and son to
support, and you are ruining the property which I hoped to be able to bequeath
to them. Can you offer
any one plea in favour of your
conduct, or rather in palliation or excuse for it? and living upon the credit
of my property as you do, and not permitting me to have any share in the
management of it, dare you talk of provocation! Sir, do not give me
much more provocation, for if you do, I will make a
brief but emphatic statement to the world, and then I believe your right will
soon be at an end. Reflect upon this letter before it is too late, and
reform, otherwise, the Lord have mercy upon you.
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One might fancy such a setting down enough, but not so my indefatigable
correspondent. Within a few days he followed up his charges with more artillery, of which
the annexed is an example—
“I have seen your answer to my note to Mr. Carstairs, and I still say that I do not
believe a syllable you say or write, Your treatment of
me is revolting to the feelings of everybody who hears of it, but your own
wretched sycophants, who can be bribed to your cause by the play-house
freedoms, which you find so useful. You told me, before
Mr. Owen, that Mr. Canning ‘despised me for attempting
to lessen your credit with him,’ and you told Mr.
Owen that you had had a kind and friendly letter from
Mr. Canning. I shall endeavour to ascertain both of
these points, though I believe neither. When I told you that I should advise
Mr. Freeling to return the
manuscript which you took from Bellingham, and which ought to have been surrendered to the
law, or to the widow, you said, ‘Mr. Freeling would
laugh at me.’* If so, I shall certainly put him into a jocular mood, but I believe that he will not
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think that he has reason to rejoice in having sacrificed
a friend whom he had known nearly thirty years, for a person with whom he
casually became acquainted, because that person dedicated a sneaking, fawning
address to him in a work to which he singly put his name as translator, though
he was assisted by two others. I have made a minute of everything relating to
your conduct, since you came to this place, and have most, if not all, of
everything you have written to me. All shall in due time be promulged, and then
it will be seen if you are a proper object for government
protection. You know what I mean. I shall certainly file a bill in
chancery against you, to require a knowledge of all you have received, if you
have received anything, on account of the paper. I have made you several
liberal proposals, which I have been told I was mad in offering, and you more
mad in declining. You have never proposed a modification of your accidentally
obtained and ill-exercised power, and your proposals to quit the concern have
been so extravagant as to excite laughter. I once more ask you what sum you
will take to abandon your connection with the paper? I expect your answer on
Monday. But you must not regulate it by your estimate of ‘the patronage
of the paper,’ which you have sometimes rated at
three
thousand, and sometimes at five thousand, pounds. This estimate will
be a strong point in my account of your proceedings. You have often accused me
of attempting to undermine your character—
your
character!!! I have stated nothing but facts, which can be proved by others,
and God forbid that I should resort to needless and wanton exaggerations.
Remember, I shall on Monday resort to you to know what sum you require to
relinquish all connection with a property which you have nearly ruined.
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With a few lines of mine in general reply to the foregoing, and fifty
equally agreeable epistles, I shall relieve my readers of a correspondence, the publication
of at least a portion of which was indispensable to my biography.
“7th March, Sun Office, afternoon.
“Mr. Taylor,
Sir,
“It is very painful to be forced day after day to
reply to the same sort of letters, especially after declining so positively as
I have done the inconveniencies of your correspondence, and stating how
decisively I had made up my mind to the line of conduct which it had become
imperative on me to pursue. On the subject of the paper be assured I will
notice no communication; and with regard to offers of purchase, sale, or
reference, Mr. Gray will from this date
be the proper organ. I have nothing to add but that I do not value your offer
of an annuity while the ‘Sun’ is published, at 20l., and have no
alteration to notice in my sentiments respecting the life annuity, ![]()
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in which, if you were sincere in what you said, I was
accepting your own proposal.
The best commentary upon the pecuniary assertions contained in the first
broadside, will be found in the terms of my letter, when so badgered and plagued, that I
had agreed to sell my interest; and will demonstrate the heavy loss at which I got out of
this senseless and disgraceful squabble; in which, not to espouse the cause of my infuriate
vituperator, was to be guilty of a heinous offence: witness the following, addressed to a
gentleman of the highest character, who had peremptorily refused his adhesion, as all
others did, either in that manner or by shunning intercourse.
“31st October, 1816, Sun Office,
112, Strand.
“Dear Sir,—
“When I had the pleasure of meeting you sometime ago
in the Argyle Booms, and complained to you of the treatment which I experienced
from your friend, Mr. Jerdan, you said
you thought he was right, and that in the same situation you should act in the
same manner. Now as I shall ‘be glad to learn of abler men,’ I
should esteem it a great favour if you would let me know upon what principle of
morality and common justice, to say nothing of religion, you would justify such
treatment, from one who is not the proprietor of a single share of the
‘Sun’ newspaper, to one
who is the proprietor of nine-tenths,
“I beg leave to thank you for your recent critique on
‘Coriolanus;’ but I fear it is much too sublime and poetical for
ordinary readers, and may be misconstrued into bombast and turgidity by the
vulgar—‘Caviare to the million.’
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“I forgot, I fear, to tell you that I in vain
attempted to obtain a written acknowledgment from Mr. Jerdan of your claim upon him for letters written from
Paris, though, as I learned from you, he had repeatedly promised to give one.
But this is one of the features of his conduct which shall be properly noticed
in due time and place.
“I am, dear Sir, sincerely yours,
John Archdall (1816 fl.)
Irish-born journalist who worked at
The Globe newspaper edited by
his father-in-law, George Lane.
John Bellingham (1770-1812)
The bankrupt tradesman who assassinated the prime minister Spencer Perceval in the House
of Commons 11 May 1812; unrepentant, he was tried and executed within a week. Byron
witnessed his execution.
William Broome (1689-1745)
Educated at Eton and St. John's College, Cambridge, he was an English poet and translator
who assisted Alexander Pope in his translation of the
Odyssey
(1722-26).
Nicholas Byrne (d. 1833)
Tory editor of the
Morning Post and husband of Charlotte Dacre,
whom he married in 1815. He died in 1833 of wounds received in a murder attempt two years
earlier.
George Canning (1770-1827)
Tory statesman; he was foreign minister (1807-1809) and prime minister (1827); a
supporter of Greek independence and Catholic emancipation.
J. B. Carstairs (1817 fl.)
The publisher of
The Sun newspaper. An death notice for a J. B.
Carstairs appears in the
Gentleman's Magazine for November
1845.
Robert George Clark (1771 c.-1839)
Printer of the
London Gazette and editor of
The
Sun newspaper before 1811.
Thomas Clarke (1789-1854)
English barrister in partnership with William Fynmore; he was solicitor to the Board of
Trade (1845) and F.S.A.
George Croly (1780-1860)
Anglo-Irish poet, novelist, and essayist for Blackwood's; his gothic novel
Salathiel (1828) was often reprinted.
Sir Francis Freeling, first baronet (1764-1836)
Postal reformer and member of the Roxburghe Club; he was secretary to the General Post
Office. He was a friend of William Jerdan and Sir Walter Scott.
William Fynmore (1758-1832)
Born in Jamaica, he was an English barrister in partnership with Thomas Clarke prior to
his retirement in 1828.
Lewis Goldsmith (1764 c.-1846)
English journalist and pamphleteer; as a Jacobin he published
The
Crimes of Cabinets (1801) and as an anti-Gallican,
The Secret
History of the Cabinet of Bonaparte (1810).
Robert Gray (1789 c.-1852)
Of Brompton Crescent and New Inn, an attorney and friend of William Jerdan.
John Heriot (1760-1833)
After education at Edinburgh University he served in the marines and pursued a
journalistic career in London writing for
The Times,
The Oracle, and
The World before becoming
editor of
The Sun (1792) and the
True Briton
(1793).
William Jerdan (1782-1869)
Scottish journalist who for decades edited the
Literary Gazette;
he was author of
Autobiography (1853) and
Men I
have Known (1866).
Junius (1773 fl.)
Anonymous political writer who attacked the king and Tory party in the
Public Advertiser, 1769-1772. There is persuasive evidence that he was Sir Philip
Francis (1740-1818).
George Lane (1838 fl.)
At one time editor of
The Globe newspaper; he had previously
worked for the
Morning Post and
The
Courier.
Robert Owen (1771-1858)
English reformer who operated the cotton mill at New Lanark in Scotland and in 1825
founded the utopian community of New Harmony in Indiana.
Sir Jonathan Frederick Pollock, first baronet (1783-1870)
The son of a saddler, he was educated at Trinity College, Cambridge and was MP for
Huntingdon (1831-44); he succeeded Lord Abinger as lord chief baron of the exchequer in
1844.
Edmund Lewis Swift (1777-1875)
Irish poet and wit; he was keeper of the Regalia in Tower of London (1814-52).
John Taylor (1757-1832)
Poet and Tory journalist; editor of the
Morning Post (1787),
purchased the
True Briton, editor and proprietor of
The Sun (1813-25); author of
Records of my
Life (1832).
The Globe. (1803-1922). London evening newspaper; the original proprietor was Sir Richard Phillips; George Lane
was among its later editors.
Morning Post. (1772-1937). A large-circulation London daily that published verse by many of the prominent poets of
the romantic era. John Taylor (1750–1826), Daniel Stuart (1766-1846), and Nicholas Byrne
(d. 1833) were among its editors.
The Sun. (1792-1876). A Tory evening paper edited by John Heriot (1792-1806), Robert Clark (1806-07), William
Jerdan (1813-17). The poets John Taylor and William Frederick Deacon were also associated
with
The Sun.
