"Will you write something adapted to the case and forward it to me as early as possible, that it may go in on the heels of this paragraph enclosed?"
F.O.J. Smith continued to embarrass and thwart the other proprietors by his various wild schemes for self-aggrandizement. As Mr. Kendall said in a letter of August 4: "There is much Fog in Smith's letter, but it is nothing else."
And on December 4, he writes in a more serious vein: "Mr. Smith peremptorily refuses an arbitration which shall embrace a separation of all our interests, and I think it inexpedient to have any other. He is so utterly unprincipled and selfish that we can expect nothing but renewed impositions as long as we have any connection with him. He asks me to make a proposition to buy or sell, which I have delayed doing, because I know that nothing good can come of it; but I have informed him that I will consider any proposition he may make, if not too absurd to deserve it. I do not expect any that we can accede to without sacrifices to this worse than patent pirate which I am not prepared to make."
Mr. Kendall then concludes that the only recourse will be to the law, but Morse, always averse to war, and preferring to exhaust every effort to bring about an amicable adjustment of difficulties, sent the following courteous letter to Smith on December 8, which, however, failed of the desired result:—
"I deeply regret to learn from my agent, Mr. Kendall, that an unpleasant collision is likely to take place between your interest in the Telegraph and the rest of your coproprietors in the patent. I had hoped that an amicable arbitrament might arrange all our mutual interests to our mutual advantage and satisfaction; but I learn that his proposition to that effect has been rejected by you.
"You must be aware that the rest of your coproprietors have been great sufferers in their property, for some time past, from the frequent disagreements between their agent and yourself, and that, for the sake of peace, they have endured much and long. It is impossible for me to say where the fault lies, for, from the very fact that I put my affairs into the hands of an agent to manage for me, it is evident I cannot have that minute, full and clear view of the matters at issue between him and yourself that he has, or, under other circumstances, that I might have. But this I can see, that mutual disadvantage must be the consequence of litigation between us, and this we both ought to be desirous to avoid.
"Between fair-minded men I cannot see why there should be a difference, or at least such a difference as cannot be adjusted by uninterested parties chosen to settle it by each of the disagreeing parties.
"I write this in the hope that, on second thought, you will meet my agent Mr. Kendall in the mode of arbitration proposed. I have repeatedly advised my agent to refrain from extreme measures until none others are left us; and if such are now deemed by him necessary to secure a large amount of our property, hazarded by perpetual delays, while I shall most sincerely regret the necessity, there are interests which I am bound to protect, connected with the secure possession of what is rightfully mine, which will compel me to oppose no further obstacle to his proceeding to obtain my due, in such manner as, in his judgment, he may deem best."