M. N. TO H., P., & CO., NOVEMBER 23.
“Your letter of November 20 reached me Saturday night. So far as it disclaims any undue partisanship in selecting Mr. Rogers, it is germane to the case. I take the earliest opportunity to thank you for the disinterested kindness to me which governed your choice. I was not before aware of it, or I should have been earlier in my acknowledgment.
“The remainder of your letter, you will pardon me for saying, is entirely irrelevant. The question of one or two is no longer open. We have already agreed upon two, and the question now is concerning a third. The point to be decided is simply this: Will you or will you not refer the matter to the friendly mediation or the formal arbitration of Messrs. Rogers and Russell and a third person to be selected by them in case a third person shall be necessary?”
H., P., & CO. TO M. N., NOVEMBER 28.
“Your statement, that ‘the question of one or two persons is no longer open, and that two have already been agreed upon, and the question now is concerning a third,’ is not correct. We have not agreed to refer the matter to Messrs. Rogers and Russell except with our proposed addition of Mr. Murray, which addition you did not approve. By your non-approval of him the matter was thrown back to the original proposal to refer it to one person, and in that posture of affairs we must consider that our proposal of Mr. Brook as that person was strictly relevant.
“But in all this correspondence we seem to be playing at cross-purposes, neither arriving at a result nor succeeding in understanding each other. You are no doubt as tired of this as we are. A reference—should we ever reach it on mutually satisfactory terms—would take a long time and be a tedious mode of settlement. Would it not be better to close the matter at issue finally by a definite proposal which cannot be misunderstood. We estimate the time that would be occupied by a reference, and the trouble and annoyance it would occasion, at five hundred dollars, and we propose to send you our check for that sum that this unprofitable controversy may be closed. And we further propose to pay you hereafter ten per cent. of the retail price, in cloth, for all copies sold of your various books now published by us. Should you accept this offer, please advise us and we will send you check and draw new contracts at once.”
I think, notwithstanding the modest disclaimer of Messrs. Hunt, Parry, & Co., we were getting to understand each other perfectly, except that so far from becoming tired of the controversy, I was only just warming up to it.
M. N. TO H., P., & CO., DECEMBER 8.
“When I pointed out to you the impropriety of your imposing Mr. Murray upon me as arbitrator, you replied that you did not wish to press Mr. Murray. You now say that Mr. Murray was essential to the arbitration. Either he was or he was not. If he was, then, as I said in a previous letter, you refused arbitration unless you could choose two out of three of the arbitrators, and those two friends of your own and strangers to me, and one of them guilty of trickery towards me. If Mr. Murray was not essential, then, as I said in my last letter, we had already agreed upon two, and the only question is, concerning a third. Do I understand you to decide that you refuse arbitration unless you have power to make Mr. Murray third arbitrator?
“The reference which seems to you so tedious, seems to me a relief from tedium. Your definite proposal proposes to buy me off from arbitration, but does not touch my claim to ten per cent. on past sales. I do not even consider it, much less accept it.