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My Dear Sir, I have written to Col. Miller today upon the
subject of your note of the 23d Mch. I
said to him that I would on almost any day convenient to you & him meet you
in Very Respectfully, Your obd. Serv. B. Sedgwick Lysander Spooner Esq. Dear Sir – We have your favor of the _________ – Our
Court of Appeals can __ case of Valances v Champion – reported in B. _____ __
(1853) have decided, that by the judiciary act of 1789. Our federal courts have exclusive
jurisdiction in civil actions against consuls of foreign state president here– The court advise that consuls are not
privileged at _______ _______ – but not the decision solely upon the
statute. Will you look at this case & any
suggestions you can make as regards wit, we shall be glad whenever. Yours Truly. Sedgwick Andrews & Kennedy My dear Sir I have just recieved a letter from Very truly Yours, B. Sedgwick Rec’d Aug 22
– Mailed Aug 20th My dear Sir I was at Peterboro last week expecting to
meet there a deputation from the N.Y. Vigilant Committee. But they did not come. The had announced their intention to convey
this Hon John Cochrann but on Friday Mr. Smiths answer to Cochrann letter they
changed their minds. He sent you a copy
– they did not like I suppose the paying of the amount suggested by that
letter. We have an answer from Bennett of the Herald
– the others have not yet answered and I suppose they may intend to let us take
a Sherriffs Sargeant. The policy of this
course would be to avoid the eclat of a public Jury Trial. I have carefully _________ you argument on
the jurisdiction of the State Court in reference to R. Phelps. I am satisfied that the Agreement is
unanswerable & conclusive – and yet I do not think it would be policy to
prosecute the suit against Phelps with the certainty of being obliged to go to
the ______ Court of the U.S. with an unpopular cause & cleint asking them
to disclaim jurisdiction conceded to them by the State. I think this would be wasting mney labor in
vain, In regard to the parties to the actions, we
have concluded to prosecute the individual actions brough & to sue the
Newspapers which published the article with Malice – we have prosecuted
the Herald & Journal of Commerce & shall also prosecute the N.Y.
Observer. The difficulties in the way of
proof have constrained us to take this course instead of joining the thirtyone in
each action against a newspaper. We hope to get a trial at the September
Circuit in Very Truly Yours, C.B. Sedgwick Copy My dear Sir, I inclose Mr. Sherman’s answer. It is a strange document – neither a
justification nor denial & we shall probably move to strike out the second
answer entirely. Please examine and give
us your views of it. I have given the Herald a stipulation
allowing them to answer their answer.
This will make the issue in their case subsequent to that in I think it is now assuming a good shape and
that we can put Mr. Walls Sherman into the front rank where he belongs, and
make him face the music. I received your letter from Very truly yours. Hon. G Smith G.B.
Sedgwick” Letter missing introduction, follows envelope
“To Gerrit Smith” Draft (in Spooner’s handwriting): I have been trying,
for nearly twenty years, to believe that there was some solid friendship
between us, founded on a mutual belief in the same ideas, and a mutual
disposition to co-operate to carry them into effect. But I have at length become satisfied, as I
ought to have been satisfied many years ago, that there is very little such
friendship between us. And I will no
longer suffer a man to claim friendship with me, who has as much money as you
have, and who professes, in words, such friendship for me, and such
appreciation of my labors, and at the same time shows, by his deeds, that he
cares so little whether the world gets any benefit from my labors, or whether I
can get any pay for them. If, as your conduct for nearly twenty years
has implied, you really think that your money is too good to go with my labor,
when we believed in the same ideas and are laboring for the same ends. Your opinion may be right, but it is so
wholly different from mine, as to be incompatible with friendship between
us. If your professed appreciation of my
labors has been sincere, I think you refusal to aid them, it is has not been
entirely selfish, and unprincipled, has at least been extremely narrow-minded
dishonorable and heartless. When your own rights are at stake, you say
you prefer my services to those of any body in the country. But where I am arguing a case for all
mankind, you care nothing about it.
Although you acknowledged its truth and importance. What your motives in this may have been it is
not for me to know: but I cannot believe that a person, capable of such
inconsistency, has any claim upon my friendship, and from this time I repudiate
the idea of there being any friendship between us. There is no foundation for any special
friendship between us, unless it be the foundation of sympathy and co-operation
in carrying out ideas in which we both believe.
How little real foundation there is of that kind, the experience of
nearly twenty years has demonstrated . I
therefore repudiate the idea of there being any such friendship between us, and
will not tolerate the pretence, where the reality does not exist. I have no more regard for sham friendships
than for any other sham. Lysander Spooner My dear Sir, I have your letter of 3d. In it I agree with
you is the ______ purpose, but the public mind will be turned toward the
unconstitutionality of slavery. You ask me to give up my ____ on your Copy
rights – to the end itself you may be _____ liberty & passionate the good
work in which you are engaged. I
shamefully consent – to be __ instead of slavery to note, I give you that –
also you have _____ against service to the world. You have done much more for it than to give
it silver & gold. You lack either
____ & they, who have them should give to you. If you are my debtor for money, I am more
your debtor for what is better than money.
To beg you with feel___ – you are in ______ to me. On to the ____ this _____ – is my idea to McFarrell. With feeling and your friend, Gerrit Smith Lysander Spooner Esq. My d Sir, Yesterday’s mail brought me a L. Of the ____
for interviewing your excellent form of it illegible.
Today’s mail brings me your letter containing
another copy of the forms. I am happy to hear that you ___ __ my off.
From W. Sewall. & that you are at work at your book. I enclose you a copy of a letter, which I
have written to L.P. Chase(?). With feeling and your friend, Gerrit Smith Lysander Spooner Esq. My d Sir, I am not a money-lender but a
money-borrower. Indeed, the far greater
share of the hundred of those sack of dollar, which I owe is for borrowed
money. But for your ___ & the
public’s sake, I have a great desire that you write& print the Book which
you have in your mind. Hence, I break
through my rule not to lend money, & enclose to W. Sewall my off. For a
hundred dollars in your person. __ & he will make out the ___ papers. I thank you for your politeness in sending me
the two books. I have read nearly all of
the 2d part and I see not any lawyer, whatever his insanity, can ____ it. I am deeply ____iful at the Buffolo[?]
C____ties _p_ing ____ that[?] slavery is possible by the Fed.
Constitution. You speak of a petition to
Congress. You Very Respectfully your friend, Gerrit Smith My Dear Sir, Your letter finds me still ___ to my __. You have a full loaf & an empty pocket.
You can help those who have full pockets, & empty ___. & they can help you. They have God __ us all up in mutual
dependence on each other. I have long felt that the period of Reform
should keep you busy writing for them: I should be __ to give you the money of
our existence. You have now a project on
hand. To execute it, you need to spend a
short time in Very Respectfully your friend, Gerrit Smith ___ William Sears Geo Minot $3 + friend Timothy Gilbert H. B. Stanton $3 S.E. Sewall $3
– paid J.M. Whiton $5
– paid M.S. Scudolen $1
– paid E.G. Lorring $5
–paid As I am at the moment receiving this, about
to leave tours for Joshua Leavitt May 10/47 paid Jun 23d /47 William Jackspm 4c. Alvan
Stewart Edward
Harris Daniel
Hort[?] S.P Andrews Lewis
Tappan Martha
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