The case about this famous document may be briefly stated. In October 1819, Byron handed Moore the first portion of it, as a gift which would ultimately be of value; and in 1821 he sent the remainder to his friend in Paris, making the suggestion that money might be raised on it by anticipation. This was accordingly done, and, in September 1821, Murray agreed to pay two thousand guineas, and took the manuscript into his keeping. Part of this money was applied in settlement of the Bermuda claims, and in November of that year Moore signed a deed making over the property. This deed was submitted to Byron, and Byron signed an assignment of the manuscript to Murray. Scarcely was the transaction completed, when scruples were aroused in Moore by Lord Holland's saying that he wished the money could have been got in any other way. Lord Holland's objection, as Moore states it (though expressly in his own words) was, that it seemed like depositing in cold blood a quiver of poisoned arrows for use in future warfare upon private character. Moore protested against this view of the document, and Lord Holland, who had read the manuscript, could recall nothing admitting of such a description, except a passage relating to Mme de Staël, and a charge against Sir Samuel Romilly—both of which, Moore pointed out, could be omitted or neutralised in editing for publication, as he had reserved the right to do. Nevertheless, the scruple wrought in him, and in the following April (1822) he approached Murray with a request that the deed of sale should be cancelled, and replaced by an agreement converting the transaction into a loan, with the manuscript held as security till Moore should be able to repay. An agreement on these lines was accordingly drawn up, and Moore's conscience was relieved. He expresses strongly in his Diary his feeling of satisfaction that the control of the matter was again in his own hands.
In the succeeding year he appears to have arranged that the Longmans should take over the debt (and presumably the security), advancing him the means to repay Murray; and on May 13th one of the firm mentioned that the money was ready. On the 14th it was too late; news of Byron's death reached London; and that evening Moore received a note from Douglas Kinnaird "anxiously inquiring in whose possession the Memoirs were, and saying that he was ready on the part of Lord Byron's family to advance the £2000 for the manuscript, in order to give Lady Byron and the rest of the family an opportunity of deciding whether they wished them to be published or no."
Moore soon learned that Murray, immediately on hearing the news, had gone to Wilmot Horton, offering to place the Memoirs at the disposal of the family, without recognising that Moore had any voice in the matter. Moore went to Hobhouse and explained his view of the situation, which was that nothing could be done without his consent; and he substantiated his view by recalling a clause which he had inserted in the draft-agreement. This gave him a period of three months, in case of Byron's death, in which to raise the money. The agreement had never been formally completed, and the draft could not be found. But Murray admitted in principle Moore's claim, and expressed himself ready to comply with the arrangement, provided his money were repaid in full, with interest. The manuscript could then be disposed of, as Moore suggested, by placing it in the hands of "Lord Byron's dearest friend, his sister, Augusta Leigh."
From the proposal that the work should be placed at the disposal of Lady Byron, Moore dissented altogether; it would be treachery, he said (and Hobhouse agreed), to Byron's intentions and wishes. He also strongly opposed the view, put forward by Hobhouse and Kinnaird, that Mrs. Leigh ought "to burn the manuscript altogether without any previous perusal or deliberation." This, he said, was to treat it as if it were a pest-bag, whereas, "although the second part was full of very coarse things, the first contained (with the exception of about three or four lines) nothing which on the score of decency might not be safely published."
Matters were at this point on May 15th, and on the 16th a meeting took place at Murray's between Moore, Hobhouse, and Mr. Wilmot Horton and Colonel Doyle, the last two representing Mrs. Leigh. The agreement between Moore and Murray had not yet been found, and discussion was conducted on the assumption that Moore had a controlling voice in the matter. Thus, although, as it was subsequently decided, Byron's formal sanction of the assignment of the property to Murray would have rendered the later agreement inoperative, Moore has full right to praise or blame for the consent which he gave to the step taken at this memorable meeting; when, as the world knows, after a very quarrelsome scene, the manuscript was formally destroyed by Mrs. Leigh's representatives.
It does not appear that any one of the parties concerned in the act felt in the least that they were depriving Byron of a posthumous justification of his own career. Moore, in all the references to this Memoir, treats it solely as a piece of literature, and Lord John Russell, who had read most, if not all, of the composition, simply says that it "contained little trace of Byron's genius and no interesting details of his life." Those who were eager for suppression appear to have been influenced by the desire to avoid scandal; and the notion was widespread, for Moore, after the affair, was congratulated on having "saved the country from a pollution." His most serious objection to destroying the MS. rested on the support which such an action would give to this view of what Byron had written.
But the objection was not strong enough to induce him to jeopardise his own character. Moore's hands were tied in the transaction by the fact that he stood to lose two thousand guineas if the MS. were destroyed, and would avoid this loss if his own opinion, favouring publication, were adopted. Whoever opposed publication in the discussion at Murray's, had merely to hint that Moore's advocacy was interested, and pride would at once constrain the needy poet to consent to the holocaust.
The two persons who stood to lose in the matter were Moore and Murray, and both made a creditable sacrifice. Murray resigned his chances of a considerable profit. But Moore incurred deliberately a ruinous burden of debt. Even so, his sensitive conscience was not quite clear as to the justification of his act; but Hobhouse appears to have decided him by saying that Byron had more than once expressed a regret at having put the Memoirs out of his own power, and had only been prevented from reclaiming them by his dislike to taking back a gift.
Moore's need for consulting on points of honour did not end with the burning of the MS. Byron's family were anxious to repay him the money which he had paid to Murray before the cremation; and, not unnaturally, Lord Lansdowne and other friends urged him to accept. But he refused persistently to do so, though one adviser after another forced him to postpone for a week the irrevocable step of publishing his account of the transaction in the papers. His view was, that his duty had been to surrender the trust into the hands most proper to receive it, and that he could keep at least the credit of having made a sacrifice in order to do so. With this credit he refused to part; and he notes that he had little trouble in bringing his men of business, the Longmans, to take his view of the matter, but could not so easily persuade Lord Lansdowne, with Rogers and the rest, that a poor man ought to act on the same principles as if he were rich. It should be remembered to Moore's credit that he on many occasions followed his own sense of honour when he might have pleaded the advice of most honoured and honourable persons for adopting another course.
Friends of Moore's fame will rejoice that he acted in so scrupulous a spirit, but the necessity is to be deplored. The heavy load of debt thus thrown upon him forced him into producing too much. It also made it practically inevitable that he should recoup himself for this loss by undertaking the most lucrative task that offered—namely, a biography of Byron; yet he was uncertain for a considerable time whether the thing ought to be done, and, if done, whether he was the right person to do it. Even when his mind was clear of these perplexities—which Hobhouse strengthened by dissuading him from the task—there was a long period of suspense for which Murray was answerable. During three years Moore was distracted, anxious, and uneasy, unable to settle down to any important work.