While his mind was comparatively at rest regarding money matters, he was not yet free from vexatious litigation, and his opinion of lawyers is tersely expressed in a letter to Mr. Kendall of December 27, 1859: "I have not lost my respect for law but I have for its administrators; not so much for any premeditated dishonesty as for their stupidity and want of just insight into a case."
It was not long before he had a practical proof of the truth of this aphorism, for his "thorn in the flesh" never ceased from rankling, and now gave a new instance of the depths to which an unscrupulous man could descend. On June 9, 1860, Morse writes to his legal adviser, Mr. George Ticknor Curtis, of Boston: "You may remember that Smith, just before I sailed for Europe in 1858, intimated that he should demand of me a portion of the Honorary Gratuity voted to me by the congress of ten powers at Paris. I procured your opinion, as you know, and I had hoped that he would not insist on so preposterous a claim. I am, however, disappointed; he has recently renewed it. I have had some correspondence with him on the subject utterly denying any claim on his part. He proposes a reference, but I have not yet encouraged him to think I would assent. I wish your advice before I answer him."
It is difficult to conceive of a meaner case of extortion than this. As Morse says in a letter to Mr. Kendall, of August 3, 1860, after he had consented to a reference of the matter to three persons: "I have no apprehensions of the result except that I may be entrapped by some legal technicalities. Look at the case in an equitable point of view and, it appears to me, no intelligent, just men could give a judgment against me or in his favor. Smith's purchase into the telegraph, the consideration he gave, was his efforts to obtain a property in the invention abroad by letters patent or otherwise. In such property he was to share. No such property was created there. What can he then claim? The monies that he hazarded (taking his own estimate) were to the amount of some seven thousand dollars; and this was an advance, virtually a loan, to be paid back to him if he had created the property abroad. But his efforts being fruitless for that purpose, and of no value whatever to me, yet procured him one fourth patent interest in the United States, for which we know he has obtained at least $300,000. Is he not paid amply without claiming a portion of honorary gifts to me? Well, we shall see how legal men look at the matter."
[Illustration: HOUSE AND LIBRARY AT 5 WEST 22'D ST., NEW YORK]
One legal man of great brilliance gave his opinion without hesitation, as we learn from a letter of Morse's to Mr. Curtis, of July 14: "I had, a day or two since, my cousin Judge Breese, late Senator of the United States from Illinois, on a visit to me. I made him acquainted with the points, after which he scouted the idea that any court of legal character could for a moment sustain Smith's claim. He thought my argument unanswerable, and playfully said: 'I will insure you against any claim from Smith for a bottle of champagne.'"
It is a pity that Morse did not close with the offer of the learned judge, for, in spite of his opinion, in spite of the opinion of most men of intelligence, in defiance of the perfectly obvious and proven fact that Smith had utterly failed in fulfilling his part of the contract, and that the award had been made to Morse "as a reward altogether personal" (toute personelle), the referees decided in Smith's favor. And on what did they base this remarkable decision? On the ground that in the contract of 1838 with Smith the word "otherwise" occurs. Property in Europe was to be obtained by "letters patent" or "otherwise." Of course no actual property had been obtained, and Smith had had no hand in securing the honorary gratuity, and it is difficult to follow the reasoning of these sapient referees. They were, on Smith's part, Judge Upham of New Hampshire; on Morse's, Mr. Hilliard, of Boston; and Judge Sprague, of the Circuit Court, Boston, chairman.
However, the decision was made, and Morse, with characteristic large-heartedness, submitted gracefully. On October 15, he writes to Mr. Curtis: "I ought, perhaps, with my experience to learn for the first time that Law and Justice are not synonyms, but, with all deference to the opinion of the excellent referees, for each of whom I have the highest personal respect, I still think that they have not given a decision in strict conformity with Law…. I submit, however, to law with kindly feelings to all, and now bend my attention to repair my losses as best I may."
As remarked before, earlier in this volume, Morse, in his correspondence with Smith, always wrote in that courteous manner which becomes a gentleman, and he expresses his dissent from the verdict in this manner in a letter of November 20, in answer to one of Smith's, quibbling over the allowance to Morse by the referees of certain expenses: "Throwing aside as of no avail any discussion in regard to the equity of the decision of the referees, especially in the view of a conscientious and high-minded man, I now deal with the decision as it has been made, since, according to the technicalities of the law, it has been pronounced by honorable and honest men in accordance with their construction of the language of the deed in your favor. But 'He that's convinced against his will is of the same opinion still,' and in regard to the intrinsic injustice of being compelled, by the strict construction of a general word, to pay over to you any portion of that which was expressly given to me as a personal and honorary gratuity by the European governments, my opinion is always as it has been, an opinion sustained by the sympathy of every intelligent and honorable man who has studied the merits of the case."
He was hard hit for a time by this unjust decision, and his correspondence shows that he regretted it most because it prevented him from bestowing as much in good works as he desired. He was obliged to refuse many requests which strongly appealed to him. His daily mail contained numerous requests for assistance in sums "from twenty thousand dollars to fifty cents," and it was always with great reluctance that he refused anybody anything.
However, as is usual in this life, the gay was mingled with the grave, and we find that he was one of the committee of prominent men to arrange for the entertainment of the Prince of Wales, afterward Edward VII, on his visit to this country. I have already referred to one incident of this visit when Morse, in an address to the Prince at the University of the City of New York, referred to the kindness shown him in London by the Earl of Lincoln, who was now the Duke of Newcastle and was in the suite of the Prince. Morse had hoped that he might have the privilege of entertaining H.R.H. at his country place on the Hudson, but the Duke of Newcastle, in a letter of October 8, 1860, regrets that this cannot be managed:—