TWO LETTERS, Sfc. Sfc. <$fc. TWO LETTERS TO THE RIGHT HON. EARL ELDON, LORD CHANCELLOR, &p. 8$c. §c. WITH OFFICIAL AND OTHER DOCUMENTS. BY THE HON. W. L. WELLESLEY. LONDON : JOHN MILLER, PALL-MALL. 1827. SHACKELL AND BAYLIS, JOHNSONS-COURT. o E-« W PREFACE. London, May 6, 1827. The two following Letters would have been submitted to the public months ago — but I purposely refrained from publishing them, that I might exhaust every effort to effect a reconciliation with my family, which would have rendered family disclosures unnecessary.* I pressed this conviction with the greatest earnestness. I would willingly have con- sented tp sacrifices that must have materially weakened my case before the House of Lords. I have been unsuccessful in all my endeavours. I am compelled, therefore, to pro- ceed to my Appeal, without receiving that countenance and support from the different members of my family, which I had a right to expect, and which I have so anxiously laboured to obtain. W. L. W * Vide Correspondence in Appendix. 30S614 T " E VI June 26, 1827. The Appeal to the House of Lords being again post- poned, and malignant falsehoods continuing to be propa- gated without contradiction from those whose duty it ought to be to support a member of their own family, I am left but the alternative I now take to defend my character, and which I have so long delayed. Every considerate mind will appreciate the sufferings I must undergo in thus bringing under public consideration delicate subjects appertaining to private life. That the domestic concerns of so humble an individual as myself should occupy public attention at all, to me causes both regret and astonishment ; but my private affairs having been made matter of public discussion, I have car- ried the history of that private life in the following pages much further than my enemies have dared. If these pages do not set forth demonstrative truth, I must be fitter to become the inhabitant of a lunatic asylum than to remain at large, resolved as a man of honour to contend, by nil the most public means within my power, for my right to continue to hold that station in society whicb no act of mine has caused me to forfeit. In Vll In beg to be understood as not advocating the cs i I paid damages in the Court of Com- mon gards it, according to the laws of this count suredly guilty, under most extenuating circumstances, which, for the sake of saving some hundred pounds, I did not choose in full to set forth, but which I shall be justified in bringing to light, if attempts con- tinue to be made, in secret, to wound my honour by those who ought to protect it. W. L. W. TH EARL ELDON, LORD CHANCELLOR, Sfc. Sfc. Sfc. LETTER I. My Lord, I have determined to avail myself of your Lordship's earnest recommendation to appeal to the House of Peers ; and, had I wanted, which I did not, any incentive to such an appeal, I should have found it in that anxiety, so frequently evinced by your Lordship, to have your judg- ment submitted to a higher tribunal. I have imputed that anxiety to some doubts in your Lordship's mind, as to the soundness of your decision, both as it regarded the power of inter- ference and the exercise of it ; for had there been no possibility of doubt, had your Lordship been convinced that no other man, and no other tribunal could have come to any other conclusion, you would hardly have pressed upon me a course which could have had no other effect than that of involving me in fresh and hopeless expense, and B of exposing me to fresh anguish and disappoint- ment. But whilst I am pressing the r*visal of my own case, I feel that I am advocating one of the greatest and most constitutional questions that ever came before the House of Lords. A prece- dent has been set, through me, for an alarming interference between a Father and Child ! It is for the House of Lords to decide— 1st, whether such a power does really exist? 2dly, whether, if it do exist, it ought to be confirmed, or abolished ? and 3dly, whether such a case has been made out as to justify its exercise against me? Having determined upon making the appeal, it appeared to be indispensably necessary to submit the present letter to your Lordship, that your Lordship might have an opportunity of re-considering the grounds of your decision, and of reflecting whether your Lordship has not viewed the subject in a different light from that in which it ought to have been viewed ; whether you have not relied too much upon evidence which was liable to the greatest suspicion ; and whether you could come to the trial of such a case totally free from all bias, hav- ing in the outset pronounced a decision against me, by ordering that my children should remain in the custody of the Misses Long; rejecting my application for their being restored to me, and thus declaring prima facie that I was unfit to be their guardian. My pith Miss Long- took place in the yea was agreed upon between that lady a without the advice, interven- tion, o wledgeof the relations on either side. r was scarcely even acquainted with a y family. The terms of our mar- riage settlement were, in the first instance, to have been arranged by an old gentleman of the name of Barry, who had been resident apothe- cary to the late Sir James Long, and was much in the confidence of the late Lady Catherine, and the Misses Long. He is a man of sectarian prin- ciples, and a great collector of sectarian tracts, (it was tracts of this nature which I was in the habit of burning after my marriage, not because they were religious, but because they were wild, fanatic, and not in accordance with the true spirit of Christianity) with which he supplied the diffe- rent members of the family. With this gentle- man I was desired to communicate upon the terms of the marriage settlement. He proposed that I should receive from Mrs. Wellesley an annuity of £'10,000, and that the Tylney estates, over which Miss Long had suf- fered recoveries, and had obtained the fee simple, should be re-settled according to the limitation of the Long estates, giving to the Misses Long the remainder of those estates, in the event of there being no male issue of the marriage. To these terms I objected at once : and repre- b 2 senting to Miss Long their injurious tendency to herself, she acknowledged the justice of my objections, and desired me to submit the outline of an arrangement, after consulting her solicitor, Mr. Bullock. I declined suggesting any terms, but requested the advice and assistance of Sir Vicary Gibbs, the Attorney-General on my own part, whilst I insisted that Miss Long should desire the inter- ference of Sir William Scott, now Lord Stowell, to protect her interests : nor would I allow her to execute her marriage settlement, until I was satisfied she was fully acquainted with the pro- visions of that settlement, as explained to her by Lord Stowell. From the day of my marriage to the period of Mrs. Wellesley's death, I never allowed her to join with me in the execution of any securities for the raising of money, which she was not bound to execute by the provisions of her mar- riage settlement : and I rejected all her offers to do so. I was totally ignorant of her having made a will, until I was made acquainted with it by a lady to whom she communicated the fact ; so far was I from having any knowledge of it, that upon her decease I wrote to Charles Yerbury, Esq., who had the care of the records of my estates, to search among them for a will. His answer was, that he had found among those pa }f an unexecuted will, frc jd that no will existed, uni mmunication to which I v alluded. The will was in the possession of Mr. Sidebotham, the convey- ancer, who had witnessed its execution by the testatrix, and who had very minutely explained to her all its provisions, and its remotest possible effects. During the minority of Mrs. Wellesley, and after her coming of age, Lady Catherine and the Misses Long received from Mrs. Wellesley, gra- tuitously, very large sums of money, as an ac- quittance for which, they were, after the arrange- ments of the marriage settlement were made, to have transferred to Mrs. Wellesley and myself, their portions of £10,000 each, charged upon the Long estates ; but no deeds to that effect appear to have been executed. It was, therefore, not without much surprise, that a few years after my marriage, I was called upon to pay these young ladies their portions ; when they claimed £15,000 each, together with interest, on the gross sum, making the whole amount to nearly £40,000. Upon a reference to the Earl of Shaftsbury to decide between us, I paid the money, which was raised by way of mortgage, with the addi- tional security of my own bond. Before this period, I became a candidate, not 6 only with the approbation, but at the request of Mrs. Wellesley and her family, to represent the county of Wilts, in which I succeeded, at an expense of not less than between £30,000 and £40,000. About a year and a half afterwards, I found that I had been robbed to an enormous amount by the person who had the controul and manage- ment of my large expenditure at Wanstead, for upwards of three years. No satisfactory account could be obtained from this man, for he had become mad, and died in a private mad-house. The debt in which this man involved me, amount- ed to about £50,000. I am not apologizing for my own neglect ; I am only stating facts which led to subsequent embarrassments. As soon as I was convinced of the amount of this debt, I convened the greater part of the creditors, and offered to give them security upon my personal property at Wanstead, for what should appear, upon a proper examination, to be due to them. This arrangement has been called the Wanstead deed ; the obligations consequent upon it have been fulfilled since my return to England, al- though it was attempted to be impressed upon your Lordship's mind that the contrary was the fact, and that the debts, so far from having been paid, had only been met by a temporary arrange- ment. It was this deed that was submitted to a court s validity was acknowledged at the as lelmsford ; and the judge* who tried 1 omplimented me upon the hono- rable : ich had dictated its execution. I e: s deed at Calais, contrary to ad- vice g ^hich was, that being abroad, and having the power, I ought to make the arrange- ment to the extent of securing my property against my creditors, instead of giving it, as I did, in security for their debts. And I have ful- filled to the letter, not only every provision I ever made with persons~with whom I have had money dealings, but every pecuniary obligation, how- ever injurious to my interests, to which others under my authority had bound me. I know not whether I ought to answer the absurd charge of having left England from ina- bility to pay some tallow-chandler's or grocer's bill. Those who made it know it to be false : they know the fact to be, that, immediately after I had made the proposal to my creditors to give them my personal security, and before the Wan- stead deed, which I executed at Calais, had been prepared, information was conveyed to me, that a writ, upon the bond for £40,000, raised for the purpose of paying the Misses Long's portions, had been issued against me, and I was in hourly ex- pectation of being arrested. This was the cause of my repairing to the continent, where I re- mained two years, during which time I had reason * I believe Chief Justice Dallas. 8 to be extremely dissatisfied with the manner in which my affairs had been managed during my absence. So improperly had they betn managed, that I found my return to England to be imme- diately and imperiously necessary. And this im- poses upon me the duty of stating the particulars of an event, which, had not every action of my life been wilfully misrepresented, I flattered my- self could never have been alluded to but in terms of commendation. His Majesty was applied to, to permit my hold- ing an office in his court, which would relieve me from personal molestation. He was graciously pleased to express himself with personal kindness towards me; and he added, that if he could re- ceive an assurance that my desire to fill that office, was merely for the purpose of making a more speedy settlement with my creditors, he would permit me to hold it ; but if I wished to possess the office for the purpose of setting my creditors at defiance, his Majesty would by no means be a party to any such arrangement. His Majesty was satisfied that I had no such intention, and the office was conferred upon me. Whilst, however, I was in possession of it, T was arrested by a man of the name of Timberlake, for a debt of some hundred pounds, which I had directed my agent to dispute. Without availing myself of the pri- vilege which my office vested in me, I paid the debt ; and some reports having reached me, which tended to induce a belief that his Majesty's 9 i y misunderstood, I deemed i d duty on my part, to sur- r he hands of his Majesty. 1 Mian never, nowever, cease to remember without the deepest gratitude, his Majesty's kindness and favour, of which, I trust, I did not shew myself insensible. I remained in England so long as was neces- sary to put my affairs into a train of settlement, and then retired to the continent, in order to wait its progress and termination. It was then that I solicited the assistance of my father, but I executed no trust deed to preserve my property against my creditors, nor did I ever execute such a trust ; I gave a simple power of attorney, fixing for my expenditure abroad, per annum, to which Mrs. Wellesley was no party. My letters, reluctantly produced by the Misses Long, prove my sentiments relative to Mrs, Wellesley's pin money, which always re- mained free, and at her own disposal, and which she claimed, as she had a perfect right to do, though the right was enforced at a moment of the greatest inconvenience to myself. However, the money was immediately paid ; and although the Misses Long have studiously kept from me all the papers and documents, which they seized and secreted from me, to whom they devolved of right, at the decease of Mrs. Wellesley (as appears by the annexed correspondence), I have, never- 10 theless, been abe to secure some papers and docn* merits, from which I have derived §&pofs, that, before my marriage, Lady Catherine and the Misses Long, received a sum of money amounting to £ , £40,000 of which came into the hands of Mr. Barry ; the larger part whereof he re- ceived from a transfer of stock ; and he informed Mrs. Wellesley that, having converted that stock into bank notes, he had sewed them into his clothes for better security, meaning to convey them from London to Bath, in order that he might more readily pay the debts due. Of the payment of this money I received no detailed account, beyond a general one, that it was for the use of Lady Catherine and the Misses Long, nor do I believe any account was ever given to the late Mrs. Wellesley.* The power which I gave was irrevocable for five years, unless I came to England ; the word irrevocable having been inserted, I have been accused of a breach of faith in revoking the power of attorney, but I came to England the moment that accusation was made against me, and I re- voked that power and resumed the management of my affairs ; because, without meaning to im- peach the integrity of my attornies, I believed that they had not acted with sufficient judgment. * It appears now that this sum was equally shared between Lady Catherine Long's brothers and sisters. 11 The idence which took place with Dr. L before and after Mrs. Welles- ley's c ' explains my wishes with regard to the of my children, and the reasons whicr le, before I knew that they were Ward dtt mrt, to desire that they might be sent to me abroad ; but it was known, even at that time, that it never was in contemplation to bring my children into the remotest intercourse with the lady whose name has been so indecently mentioned in the course of these proceedings. And here I must complain, that your Lordship has by no means given such an explanation of the earlier stages of this event as, in my judgment, the facts warrant. I desired my children to be sent to me immediately after my wife's death (as my let- ters to Mr. Yerbury and Mr. Pittman shew). They were detained in England, not because they were Wards of the Court, but because Mr. Pittman and Mr. Hutchinson chose so to consider them. They had been made Wards by Mrs. Wellesley's assign- ment to them of part of her pin money (the act of assignment shews her to have been in full posses- sion of her pin money), which, of course, ceased at her death. To this, I understand, Mrs. Wel- lesley was induced to consent, in consequence of the false assertion, that during her life, I intended to remove the children by stratagem (a pure false- hood) from her. Where was the necessity for stratagem, when I could, at any period, have gone openly and taken them away ? So secretly were 12 they made Wards of the Court, that I was wholly uninformed of the fact, until some time after Mrs. Wellesley's death. I then sue( for a writ of habeas corpus, not to take them abroad, but to remove them, during my absence from England, to Draycot House, where it was my intention to have had them pursue that system of education which I had traced out, and which your Lordship has approved of. My letters to Dr. Lushington, to Mrs. Weilesley, and to Mr. Pittman, written without it being possible for me to imagine that the education of my children would become a subject of notoriety, still less of legal inquiry, all lead to one point, the preventing of all inter- ference with my children on the part of the Misses Long, from the conviction of their sectarian prin- ciples, and from the following facts, which I am at length obliged to bring before your Lordship. Your Lordship has given easy credit to the state- ment that these ladies are possessed of refined taste, and that a good natural understanding has been improved and enlarged by education. — None of these advantages, either natural or acquired, belong to them. Sectarian tracts have operated upon the mind of the elder sister, at least when I last saw her, to such a degree, that it can scarcely be called rational ; the younger, to a temper the most violent, adds manners the least refined. This must operate as a bar to any claim, or even pre- text, she might be so presumptuous as to advance, to the guardianship of children, more especially to 13 the guardianship of daughters. I may have other reasi to proclaim. W rrested by your Lor< sre re-constituted Waiaa ui tnc v^uun, ; me oraer drawn out was, that a person, in the shape of a guardian, should be ap- pointed during my absence abroad. About the time I received, whilst at Calais, the Misses Long's, Dr. Bulkeley's, O'Meara's, and Henry Bicknell's affi- davits, I had a letter from the Duke of Wellington, stating that he had accepted of that guardianship at the invitation of the Misses Long, and, as I am en- titled to believe, at the instigation of your Lord- ship. I rejected, with indignation, the project of nominating the Duke of Wellington to be the guardian of my children, without the slightest re- ference to me ; and I informed his Grace, that if I remained abroad, and it became necessary to ap- point a guardian, the natural guardian of those children, if their father were dead, or in a foreign land, would be their grandfather. Had I consulted my convenience, or pecuniary arrangements, I should have remained abroad until they were completed, but immediately upon the receipt of his Grace's letter, I resolved to make preparations for immediately coming to England, where I arrived in December 1825. What was my first step ? — I refrained from de- manding my children until I had fulfilled every obligation, either written or implied, which my attornies had entered into in my name, and until 14 I had so arranged my pecuniary affairs, as to en- sure to myself a large surplus income. Nor was this all— I made no claim to have my children re- stored to me until I had purchased and established myself in a house near the Regent's Park (Hall- Place,) peculiarly calculated for the residence of children ; having a large garden, and every con- venience necessary fo* their health and comfort. Of this establishment, the lady who has been so much calumniated was not to form a part, nor has she ever been within its walls. I have sworn so once ; why, I would ask, am I to be required to do so a hundred times, in answer to the accu- sation of Mrs. Scott ? Having taken these preliminary steps, I felt that I had done all that depended upon me, to ensure the immediate restoration of my children. I pause for a moment, to introduce a subject which it is hard to believe has not pressed itself with great force upon your Lordship's mind. One of the main charges brought against me, and re- lied upon with extraordinary pertinacity by your Lordship, is founded upon my renewal of my con- nection with the lady in question. In the earlier stages of those proceedings, it was sufficiently shewn, that I was earnestly endeavouring to put an end to the connection, and that all my efforts were directed to that end. How, and why were they frustrated ? By your Lordship's self, by the process instituted in the Court over which you preside. Your Lordship, in your own hand-writing, 15 demand ons of statements on affidavits, not coi th my paternal relation to my childrei rig solely to transactions in which that lac self were implicated. In what possible i these affidavitsbe answered, but by din ersonal intercourse with her ? Would ship have admitted it as a good answer, tnat 1 nad put an end to all communica- tion with the lady, and could not reply to the matters of the affidavit, without a renewal of that connection which might be made the ground of future charge against me ? Your Lordship would have intimated that such a plea was wholly inad- missible. I may, therefore, complain that it was the inquisitorial forms of your Lordship's Court that encouraged the renewal of a connection which has been made the ground upon which your Lordship has deprived me of my children. When I received, at Calais, the affidavits, which I answered, I should not have been enabled to have given to all the substantial facts those very positive denials I did, without strengthening my recollection by a communication with Mrs. Bligh, who was then living in a separate house, and with a separate establishment from myself. When I arrived in England, that lady continued at Calais ; but when she did arrive in this coun- try, was it my first step to receive, or go to her? Quite the contrary. Mr. Griffith has sworn, and sworn truly, that he took upon himself the re- ponsibility of the rent of a house, not only with- 16 out any reference to me, but in direct violation of my express directions. Still wishing to consider ourselves as separated, but anxious to afford her all the assistance in my power, I desired her to apply to an eminent soli- citor, Mr. Powell, who was not, at that time, my solicitor. That gentleman directed her proceed- ings, without any reference to me, and without any personal interview, on my part, with her. But this state of separation was at length termi- nated by the necessity imposed by the Chancery proceedings of direct personal intercourse, for the purpose of refreshing my memory upon trans- actions long past : of recollecting details, and of comparing dates ; which could not have been done by letter, or by the intermediate agency of any third person. And hence, I repeat, your Lordship's Court led to the renewal of that connection, which is now made the foundation of your Lordship's severe, and unmerited de- cision. It was shortly after this renewed connection, that the father of this lady, not from any com- munication with me or his daughter, but with other persons, obtained evidence, which led him no longer to doubt, that which has been proved to be the fact in the course of this inquiry. Having satisfied his mind upon certain points, viz. those which impugned his daughter's veracity and mine, he received his daughter under his protection, and became reconciled to me; and 17 under these circumstances he made the affidavit he the action at nisi prius, be id myself, was coming on ly communicated with me During the life-time of Mrs. Wellesley, I am at a loss to conceive how any individual, actuated alone by a sense of duty, could take more de- cided, or indeed more desperate efforts, to sepa- rate myself from a connection with a lady whom my wife alone introduced to our establishment. This lady, after her return to Paris, went to England, and only came to me when I was con- fined upon a bed of sickness (from which I had never moved, except to travel from Dieppe to Paris) for nine months. My intercourse with this lady, under all cir- cumstances, and at all times, and now, is of the most unobtrusive kind. She lives in her own house. It would be perfectly unknown that I ever stood in any other relation to her than a friend, but for the proceedings at law and equity. It has been the policy of the solicitor to the Misses Long to drag this lady into notoriety, by assailing her with every species of insult which malice could invent and vulgarity put in practice. It was the assault of Mr. Scott and the summons of Mr. Hutchinson, which forced Mrs. Bligh before the police. The attempt, c 18 forcibly, to enter Mrs. Bligh's house by this man, evidently had but this object. The question whether I ought not to have dis- solved such an intimacy, during the life-time of my wife (and I have shewn that I did every thing to dissolve it during that period) assumes a very different shape and form after the death of my wife. And here, if I wish your Lordship, as a peer of England, to throw off for a moment the garb of a Judge, and to think as a man, I should request your Lordship to explain how I am to avail myself of the alternative you allow me in your judgment, without being guilty of an act, which would make me lose my self-estima- tion and render every man of honour my enemy ? This leads me to say a word upon that fearful armour, or, as I have found it, panoply, of your Lordship's Court, which protects all assertions, I mean assertions couched in affidavit. This armour, well riveted by the artful attorney, ren- ders the most perjured statement invulnerable to the attacks of common law : it also elevates the language of the uneducated man to the level of that of the man of letters. The man of letters, sensible of the import of terms, confused by tech- nicalities, allows his mind to dwell upon manner, so as frequently to become inaccurate as to the matter. The uneducated man gives the matter, in his own inaccurate and indistinct lancua^e, to 19 the attorney, who amplifies, corrects, or curtails it, in the manner which best bears upon what, I suppose, he would call his case. Your Lordship cannot be unacquainted with the process of the manufacture of the staple com- modity of your Court. The poor suitor writes his answer to all the accusations of those who " verily believe." If he be a man of feeling, and perhaps a lover of truth, he is inclined to give his positive denials with some acrimony, and, without very great accuracy as to dates, confines himself to the stout denial of substantive facts. This, in its crude and raw state, is sent to the soli- citor, who goes no further with it than to give it legal phraseology, and just to leave out those little particles which he considers, from his own knowledge of your Lordship, will not be suitable to what you call equity phlegm. But there is ano- ther practice, which strikes at the root of all secu- rity for the suitor, and is destructive of the best principles of just inquiry. No man knows what he is to answer. The counsel, the solicitor, con- sider what parts of affidavits are such as will be deemed by your Lordship as material ; these they desire the suitor to answer. The Scotts' affidavits, the watchmen's affidavits; in short, all the covey of affidavits which flew into Court this last season, all my consel and solicitors desired Mrs. Bligh and me not to answer our- selves ; otherwise you would have been told, that C2 20 which I pledge my soul and honour to be true, first, that Mrs. Bligh never was in any house whatever in Spring Gardens ; and, secondly, that it would be impossible to metamorphose the ap- pearance of Mrs. Bligh into that of Mrs. Scott ; so utterly dissimilar are they in gait, in height, and in size. This evidence, however, either given on affi- davit or otherwise, which would have been dis- graced and hooted out of a court of law, is received with courtesy and favour in the Court of Chancery. Thus the testimony of discharged servants, by your Lordship, is held to be indisputably good against their masters. They are suffered, by you, to be the arbiters of morals : and Mrs. Bligh, who has moved in the highest societies, and been an inmate in the most illustrious families — whose manners, as your Lordship might know, are peculiarly distinguished, and whose accomplishments are of the first order — is to go down to posterity an object of disgust, upon the single affidavit evidence of a servant, who had been discharged for the causes stated upon affi- davit, and whose appearance was such as to induce Mrs. Bligh's father, on his first seeing her, to desire his daughter to discharge her without delay. It becomes necessary for me now, my Lord, to proceed to the trial in the Court of Common Pleas, in which you have been pleased to say, that there was evident management or conniv- ance between Captain Bligh and myself. What 21 management there could have been on my part, it would require more than your Lordship's inge- nuity to discover. With much more reason might I complain of that kind of management in another quarter, which contrived to make a pro- cess in one Court linger till a process had been decided in another, which might involve me in greater odium and unpopularity, and thus deliver me up an easier and more unprotected victim. But not to conceal any circumstance relative to the trial in the Common Pleas, I must state to your Lordship, that the instructions which I gave my counsel were the following : — I made it a sine qua no?i, that they should cross-examine Bulkeley and O'Meara as to those falsehoods which they had uttered in affidavit. Their atten- tion was especially directed by me to this point. The next was to set forth distinctly, that I had had no intrigue with Mrs. Bligh at Naples ; that my affidavit was strictly true; and, generally, to guard my honour, as it affected the proceedings in Chancery. I desired them to admit the act of which I was accused, at any time or place after Mrs. Bligh left my house ; but insisted on their shewing that it had not taken place before. Mr. Scarlett stated distinctly to me that, if he called evidence for the purpose of reducing; da- mages, he would not answer for the effect it might have upon the minds of the jury in pre- venting a verdict. I gave him positive directions not to go into any matter that might produce 22 unnecessary scandal and exposure ; and, above all things, I told him that I felt myself bound in honour to this lady's family not to attempt to obtain a verdict, provided I could guard my own reputation for veracity in the Court of Chancery. My Lord, it is curious to remark the different course pursued in the two Courts of Chancery and Common Pleas ; la the former your Lord- ship entertains an affidavit, declaring me to be insolvent, and calls upon me to shew whether I am or not ; whilst in the Common Pleas, the heaviest damages are pressed, because I am a man abound- ing in riches. And wealthy, indeed, must a man be to bear, at once, the expences of Chancery and Common Law processes.* I come now to one subject which I approach with the greatest unwillingness and most painful feelings, because it relates to the defects of one who is now no more. But it is yet some consola- tion to me to know, that whilst I am compelled to pursue this course for my own vindication, I am rescuing her memory from the imputation of having done, of her own accord, some unkind and injudicious acts to her family — acts which proceeded entirely from the dictation and contri- vance of others. Mrs. Wellesley was a most amiable woman. * The amount already paid is £5,500. The fortunes of both my younger children, independent of me, are only £6,000. Chief Justice Best's charge, now proved to have proceeded upon false data, cost me £6,000. 23 Her dutiful affection for her mother, her love for her sisters, were exemplary. But she had not profited by education to the degree which might naturally have been expected ; and your Lordship had some proofs of this in the documents that came under your inspection. Whatever letters, therefore, were in her hand -writing, were too frequently the work of others. Such a mind was well fitted to become the dupe of the artful and designing ; she yielded herself to their machina- tions, and nothing is more true than that the letters which bear her signature, convey only the wishes of others, who were equally hostile to the happiness and peace of both. In proof of this I have to state, that whilst we were living in Flo- rence, Mrs. Wellesley, at the instigation of others, was planning a separation from me, and was re- ceiving letters from her sisters tending to alienate her affection from me. I have also ascertained that, when I arrived in Paris, and was in the habit of consulting Sir G. Dallas upon the best system to be pursued with my son's classical edu- cation, he had, unknown to me, combined with Dr. Bulkeley ; that he wrote for Mrs. Wellesley the letter addressed to Lord Maryborough ; and that then, and subsequently, he had recommended legal advisers in the proceedings to be instituted against me. All anger has long since yielded to the deepest feeling of regret that Mrs. Wellesley should have listened to such counsels. Many suspicions could 24 otherwise have been removed, many charges against me could have been answered ; and much, much uneasiness would have been spared us. But her sisters never failed to impose upon her the necessity of secrecy, and she had been too much accustomed to their yoke to throw it off. She might truly say, that her sisters in the poiches of mine ears did pour The leperous distilment. They kept her in a constant state of irritation and peevishness. But their object, from the earliest period of our marriage, had always been to effect an entire separation between us, that their power over her might be undivided and complete. One of the greatest difficulties which I have had to struggle with, during the whole progress of this suit, has been that of obtaining any other than garbled correspondence from the Misses Long. The attempts I made to procure the correspond- ence in full, will be explained by the following letters, which have produced another extensive Chancery suit, that will probably cost more than the whole value of the effects.* That correspondence has been studiously kept from me, because it would exhibit letters from Sir G. Dallas, letters from Mr. Hutchinson, commu- nications from Mr. Treslove, letters from Lord and Lady Maryborough, a variety of letters from both the Misses Long, during their sister's resi- dence abroad, giving her opinions and advice, and * See Appendix A. 2j letters to and from Dr. Bulkeley, and O'Meara, who was in direct communication with Mrs. Wel- lesley. This correspondence would shew, also, that I was betrayed as well as Lord and Lady Maryborough ; that after three days' reflection on the part of Mrs. Wellesley, and silence on my part towards both of them — relying upon the honour of my father, who, I have always con- tended, pledged his word to me that I should be in England on the 29th of September — having received, also, from Mrs. Wellesley a distinct and positive avowal of" her intention not to take any steps for a legal separation from me, (in which I conceived my father to have joined) or in any way to impede the system of education I had laid down for my children ; I was induced by the affection I am well known to entertain for my mother, at her solicitation, and from feelings of kindness to Mrs. Wellesley, to forego that which my judgment always led me to deprecate; and, upon the faith of my father and mother, to allow my children to be separated from me ; but not without extracting from Mr. Pittman a dis- tinct pledge to pay implicit obedience to my orders. Your Lordship has laid great stress upon the neutrality of my family, for they do not venture to state that, when I came to England, I should be an unfit man to have the guardianship of my children. I think that neutrality highly repre- hensible on their part ; and, as I believe the Mar- 26 quis Wellesley and the Duke of Wellington to be men of honour, I now invite them to state pub- licly on what point, or in the failure of what duty, as a parent, they conceive me to be unfit to exercise, in the fullest manner, my parental authority. My Lord, I do not wonder at the surprise expressed by your Lordship at the con- duct of my family. For the silence of the Mar- quis Wellesley and the Duke of Wellington, I cannot suggest any reason ; still less can I account for the motives of Lord Maryborough. With the parental affection I am known to possess, I cannot frame a case in which a father can be jus- tified in abandoning his son. That I have not only not deserved it, but that I have fulfilled every filial duty, and thought no sacrifice too great that might contribute to the ease and happiness of my father, shall be proved, not by assertions, which some affidavit-maker might be found to contra- dict, but by documentary evidence, which cannot be controverted.* I am sure I am far from im- peaching the honour of Lord M — , I only lament the erroneous views which he appears to me to have taken of the subject, and which have im- posed upon me the painful duty I am now ful- filling. My Lord, we have been taught to believe that * See Appendix B. — This correspondence shews my conduct to my father, from the year 1810, after my coming of age, to my revocation of the power of attorney, upon which he acted, in 1826. 27 the human character h of a mixed kind ; that the best are not without failings, nor the worst with- out some redeeming good. Am I the exception, the only one, in whom there is not to be found one touch of human feeling, one trait of virtue ? All the evidence in my favour is received with suspicion : all testimony against me is scarcely subject to a doubt. Mrs. Wellesley dies ; but no natural cause, no long existing malady, is to ac- count for it. My attempt to see her in Clarges- street, on my return from France, is represented as having thrown her into such a state of nervous irritation and dread, as to have induced that ill- ness to which she at length became a victim. Had such an event occurred to any other man, it might, without any great stretch of candour, have been supposed that no unkind motive could have dic- tated such a visit ; that, if it were made without previous notice, it was because such notice would have afforded an opportunity for those, under whose controul and dictation she was, to have re- moved her. Unexpected, however, as my visit was, the sisters contrived to intimidate her by false insinuations, and to secrete her. Too late, indeed, she repented having yielded to them ; and she expressed to Mrs. Parker, who kept the lodg- ing-house in Seymour-street, her regret at not having seen me in Clarges-street. Nor was her health affected by my attempted interview ; it was never better than it was a few weeks before her death, which was occasioned by dysentery. 28 This interference of her sisters in every con- cern, in every transaction, from a period long antecedent to our marriage, down to the period of her death, was active and incessant. It was visible in the most trifling, as well as in the most important events. She could do nothing of her- self. She was the machine which they moved and worked at pleasure. Did she write a letter, the meaning, the object, the phrases, were all her sisters'; nay, even in writings which bear her signature, I have traced the hand-writing of her younger sister, mixed up and blended with her own. This is sufficiently clear in the codicil to her will, which is supposed to be in her own hand- writing. My Lord, the natural desire I have to bring up ray children in the principles of the established church, has made me more than once press upon your Lordship my conviction, and, if I err not, your own also, that the Misses Long, and those with whom they immediately associate, entertain principles and doctrines hostile to the established, church. Had they kept those principles to them- selves, and confined them to their own bosoms and closets, I should never have interfered with them. But it becomes a different consideration when they attempt to make proselytes of my children, and endeavour to turn the minds and hearts of my sons against that constitution which has made our common country what it is. It is 29 of the essence of sectarian principles, to be more devoted to the republican than the monarchical form of government. If my sons become puritans and republicans, it will be but a feeble consolation to me to know, that they became so against the warning of their father, but by the connivance of the Lord Chancellor Eldon. I have said that these sectarian ladies are surrounded by persons of their own persuasion.* Their very charities are doled out by the disciples of puritanism, who are almost the exclusive objects of their preference and favour. That I endeavoured, during Mrs. Wellesley's life, to produce a more favourable state of things, is well known. I did not confine myself to my own representations, but fortified myself with the works of Paley and Blair, Watson, and other di- vines, which I presented to Miss Dora, Long, and entreated her to peruse them. It was at her instigation, I believe, that Captain Thomas Wind- sor presented me some sectarian tracts ; he gave others also to Mrs. Wellesley, whom I dissuaded from reading them : the one he gave me filled me with disgust. A word or two, my Lord, with respect to my son's property. It has been too easily received * At this very moment, their confidential friend and adviser is a celebrated Wesleyan ; and I am quite prepared to expect that every effort will be made by the Wesleyan Conclave, to have the case re- ferred to a Master in Chancery, who is not supposed to be very hostile to the tenets of these roundheads. 30 as truth, that, to guard the property of a minor, it is only sufficient to make him a Ward of Chan- cery. True, the Chancery locks up his property ; but does it see to the proper management of it ? Look at the Draycot estate, the property of my eldest son. A receiver and manager has been ap- pointed, under the authority of the Court' — a needy relative of the Misses Long, to which I disdained making any opposition ; my resolution being not to interfere with the property, if I am to be de- prived of the custody of my children. And here I desire your Lordship to inquire, and compare the present management of it with mine. When I was in possession of it, in right of my marriage settlement, during the life-time of my wife, I im- proved it at a great expense ; all the improve- ments I made, were for the permanent interests of the estate. I carried this system to an extent, which has been peculiarly injurious to my inte- rests, considered separately from those of my son ; and I now state to your Lordship, that, under the management of the present receiver, it is fast going to ruin. The estate nominally is in the hands of Mr. Awdry ; but, virtually, the tenantry and himself are in the keeping of the attorney of the neighbouring town, who is his security, and a banker. I, as the father, give your Lordship this information, the correctness of which it is very easy to ascertain. If your Lordship choose to perform the duty of a man who is in loco pa- 31 reniis, you will direct your attention to this sub- ject, without which the same system of misma- nagement will ensue, to which the whole of Mrs. Wellesley's property was liable, during her mino- rity, for twenty years. During all that time it was under the controul of the Court of Chancery, and became a source of profit and exaction to a host of trustees, guardians, managers, agents, and receivers, appointed under the authority of the Court. As they became enriched, the estate be- came impoverished , and years of care, and very great expense on my part, were afterwards neces- sary to repair their waste and neglect. I do not feel it necessary to make any apology to your Lordship for the language of this letter. — You have done me grievous wrong — you have dug a gulf of separation between my children and me, deeper and wider than death. Was it in mockery or insult that your Lordship desires them to shew filial affection and duty to their father ? What affection and duty can they be- lieve they owe to a father who is pronounced, from the judgment-seat, to be unworthy of the care of them ? What right should I have to cen- sure them if they spurned my paternal counsels, and scorned my admonitions ? Nay, if your judg- ment be the dictate of your conscience, you ought to have interdicted me from all intercourse what- ever with them. The cruelty is incomplete — the arrow is not barbed or poisoned enough —unless 32 you forbid all interchange of affection and confi- dence, and decree that the commands which God has issued to child and parent to cling to each other, shall be violated and disobeyed. My Lord, there may be parents who might yield with submission to so cruel a privation. In the happiness of some men, children may form so small an ingredient, that they can forbid them their presence for years, and condemn them to poverty and exile, for having followed their own inclinations, upon points in which their own hap- piness alone was concerned. But I love my children, my Lord, with an in- tense love, and J know that that love has never been mixed up with any thought or wish that was not connected with their moral welfare. I insist that no father could lay down a more unobjectionable system of education. I feel that the decree which deprives me of them is not justified by any evidence that has been brought against me. No relaxation, therefore, shall ever be made in my efforts to remedy this crying injustice. But I am too proud of the laws of my country to attempt to violate them. My life, I hope, will not pass away without redress. I appeal to the House of Lords, and demand reparation for an individual grievance, to which many of the most illustrious men in this country may be subject. I trust they will see, in 33 the enormity of the injustice that has been done me, the necessity of abolishing, or, at least, of limiting a power more dangerous to the peace of every family in the kingdom, than any that has been exercised since the existence of the Star Chamber. I am, My Lord, Your Lordship's most obedient, W. L. WELLESLEY. London, 10th February 1827. TO THE RIGHT HON. EARL ELDON, LORD CHANCELLOR, Sfc. tyc. fyc. LETTER II. My Lord, A severe illness, and the delay of the short- hand writer, prevented me from introducing into my first letter any remarks upon your Lordship's decision. I am compelled, therefore, to address your Lordship in a second ; and I think I run no risk in saying, that more than one perusal of your judgment speech has not placed me under the necessity of retracting one assertion, or of softening one charge which I have made in my first letter. My Lord, I shall proceed as regularly as I can through your Lordship's speech : a task of no in- considerable difficulty ; for there is great confu- sion in many of your Lordship's statements. The evidence is neither given with accuracy nor with 35 impartiality ^conflicting testimonies are not care- fully sifted and weighed ; and I have vainly at- tempted to discover that force in your arguments, or that fairness in your inferences, which distin- guished the former periods of your judicial career. Imjpar sihi is an accusation which no man can hope to escape ; and your Lordship will pardon me if, imitating the frankness of Gil Bias, I suspect that his criticism upon the last homily of the Arch- bishop of Grenada, might very well be applied to the last speech of the Lord Chancellor Eldon.* My Lord, the confusion that pervades every part of your speech is more remarkable in that part which ought to have been the clearest and the most precise : I mean that part which refers to the jurisdiction of the Court of Chancery to remove an infant from the natural and legal controul of the father. The following parts from your speech being reported by the short- hand writer, it is impossible to conceive any thing more obscure or unintelligible : — You * " Je prendrai la liberte de vous dire que votre dernier discours ne me paroit pas tout a fait de la force des precedens. Ne pensez- vous pas comrae moi ?" — Ces paroles firent palir mon maitre, qui me dit avec un souiis force ; "Monseigneur Gil Bias, cette piece n'est pas done de votre gout ?" — " Je ne dis pas cela, Monseig- neur," interrompis-je, " tout de concerte ; Je la trouve excellente, quoiqu'un peu au-dessous de vos autres ouvrages." — " Je vous entends," repliqua-t-il. " Je vous parois baisier, n'est-ce pas ? Tran- chez le mot ; vouscroyez qu'il est temps que Je songe a la retraite ?" — Gil Bias, p. 176. i) 2 36 refer us "to a learned treatise upon the subject, as to whether the jurisdiction was given to this Court upon the destruction of the Court of Wards, shewing that it is impossible to say what was the origin of this jurisdiction: and on the other hand it is to be referred to a jurisdiction of a different nature. The books state that it belongs to the king as parem patriae of those who are not able to take care of themselves.'' Can any opinion be less satisfactory ? You direct us to a treatise for the origin of the jurisdiction ; then you acknowledge the impossibility of deciding what was the origin ; next you refer us to a jurisdiction of a different nature, to the king's prerogative as pater patriae. In the treatise of Mr. Maddock upon the Principles and Practice of the High Covrt of Chancery, he says, " that his Majesty is entitled as pater patriot to the care, not the guardianship, of infants ; and this care is delegated by the king to his Court of Chan- cery." He relies upon Bracton : but Bracton is not, I apprehend, sufficiently explanatory upon the peculiar circumstances that placed infants under the regal care. It seems most natural to infer, that they were idiotcy or lunacy on the part of the infants, the death, or continued ab- sence abroad, of the parents ; so that the infants were not able to take care of themselves. Mr. Maddock proceeds : " The Court of Chan- 3' eery, therefore, it seems/ has the exclusive care over infants ; and though, by act of Parliament, the Court of Wards had a particular power over in- fants and lunatics, yet in every other respect the law, as to infants, continued as before ; and when the Court of Wards and Liveries was dissolved by the 12th Car. 2, c. 24, the power of the Court over infants resulted back to them again in its original extent." This opinion does not, as your Lordship must allow, throw any clearer or steadier light upon the question, and does not remove any doubt as to whether the delegated care of infants did not apply solely to idiots or lunatics, or such infants as were orphans, or were at such a distance from their parents, as to be incapable of receiving the benefit of their care and protection. But if the jurisdiction of the Court to remove a child from the parent be so undoubted, how happens it, that during so large a space of time, during a period when the king's prerogative was neither defined nor limited, but depended less upon law than upon the will or caprice of the monarch, no precedent is to be found, at least none has been cited of the exercise of such a jurisdiction? Mr. Maddock continues: "the strongest in- stance, perhaps, in which the Court of Chancery has exercised its jurisdiction in regard to infants, is where it has taken from a parent the custody of its child ; but this has been done in many ;38 cases ; for though, in general a father has a natu- ral and legal right to such custody, yet a child has been removed from the controul of a father, in constant habits of drunkenness and blasphemy ; and so in cases of gross ill treatment ; and even where (a strong case) the father had become insolvent. Acting under the same power of con- troul, a father has been prevented taking his child abroad with an intention to educate him there ; and even if it be suspected that the child will be taken abroad, the court will interfere, and oblige the parent to give security that he will not remove it, or do any act towards, or for the purpose of removing it out of the jurisdiction. " If a child, a Ward of Court, would not be safe, the Chancellor would not permit it even to go to Scotland; nor will it, at the instance of a guardian, make an order to take the infant out of its jurisdiction ; and if taken out of the juris- diction, he will be ordered to bring him home." Still, my Lord, we have, according to Mr. Maddock, only the exercise of the right, and not the foundation, or the law, on which the right rests. We have precedents, " by which," ac- cording to Mr. Maddock, " Chancellors ought to be guided." This is a sweeping opinion, indeed ! The precedents cited by Mr. Maddock are, per- haps, not half a century old : but not one of the three cases is applicable to myself. I have not been accused of being a constant drunkard and 39 blasphemer, nor of gross ill treatment of my chil- dren, nor of being insolvent. Does Mr. Maddock, therefore, in citing these precedents, mean that he has quoted them merely to shew that the Chancellor may exercise this jurisdiction when- ever he sees fit, and that his power extends to all possible cases ? My Lord, I have yet to learn that there is any precedent for such a decision as the one you have given against me ; mine will make the precedent, and it will have been founded, not upon any ill- treatment of the infants ; not upon any derelic- tion of duty on the part of the parent ; no neglect of their mental and moral improvement j no in- difference to their religious duties; no want of the greatest paternal affection ; but upon the com- mission of an offence in which the infants were not implicated, nor k their interests or welfare in the least degree affected. This, I hope, will not be forgotten. My Lord, it is probable that lawyers may treat the loose observations I have thrown out, upon the power of the Chancellor to interfere between parent and child, with ridicule or contempt : however that may be, I must always contend that so tremendous an authority as that exercised by the Chancellor, should be more clearly and strictly defined. All power should be defined, else a trap is laid for the unwary, and " Man knoweth not how to conduct himself." In the early part of 40 my life I was employed in a diplomatic capacity* and became intimately acquainted with the laws and customs of Turkey and of Greece. In Greece the power of the pacha, or governor, was discre- tionary — it was not defined nor limited by any law; his decrees were capricious, and the measure of punishment was seldom or ever adapted to the nature of the offence. Hence, no " Man know_ ing how to conduct himself," there was the greatest looseness of morals : and the governors became objects of fear and hatred, without being ablo to check the licentiousness of the people. In Turkey, however, the power of the pacha was strictly defined and limited ; and, though punishments were severe, yet the law being clear and precise, the people were less immoral and less discontented. A considerable part of your Lorship's speech is devoted to the absence of the direct evidence of my near relations. I am reluctantly compelled to afford your Lordship all the advantage that can be derived from their neutrality. No man can deplore it more than I do : I think it neither fair to me, nor creditable to themselves. Your Lord- ship says, " that they do not go so far as to give their opinion that I ought not to have the care of my children, but it is impossible not to collect that their sentiments are so." They do not state positively that I am an unfit person, but they damn me by inuendo and inference; which, though 41 it is calculated to do me as much injury as direct evidence against me, is not tangible. A charge is open to an answer ; it can be grappled with and repelled by evidence : but how can I con- tend with an inference and an inuendo? If, there- fore, I feel indignant against them for their negative evidence, I hope I shall not be subjected to the accusation of want of delicacy or of duty. It was this neutrality, this indirect, or, to speak more correctly perhaps, this direct abandonment, that imposed upon me the painful task to which I have alluded in the body of my letter, of shew- ing, by documentary evidence, the manner in which I have fulfilled my relative duties to Lord Maryborough. Your Lordship cannot fail to have perceived, that a strong sense of filial duty has led me almost to the brink of sacrificing my honour for the pur- pose of preserving that principle inviolate. I have carried this to the utmost possible extent : but, with regard to the other branches of my family, I am not withheld by any such considerations from demanding from them, as I should from any other man in the world, that explanation and satisfaction, which I am entitled hy the use your Lordship has made of their negative testimony, not of their direct condemnation, but of that most insidious and subtle mode of destroviner a man's character ; that kind of censure which, in private life, often falls from the lips of some candid 42 friend. Far is it from my wish to bring disgrace upon an illustrious name : they may shelter them- selves under their system of neutrality, from a wish not to injure the fame of their house. But I who, according to the laws of nature, am to be the head of that house, and the inheritor of its honours, dare the living branches of that family to state one act of my life which is disgraceful to me as a man of honour. I may, or I may not, possess the brilliant qualities which belong to the name I bear ; but I will never condescend to allow any members of that family to assume to themselves even the right to question my possess- ing every ordinary qualification that fits an honest man for the high station which I may one day be called upon to fill. I might, perhaps, my Lord, be excused for not taking up your Lordship's time and my own, with any observations upon my pecuniary means ; but I did hope your Lordship would not have passed over one occurrence sub silentio. " It is proved that his (my) circumstances are not such as to enable him to take care of his (my) chil- dren." By whom is it proved ? It is sworn to by Mr. J. J. Hutchinson, who makes the asser- tion without knowing any thing upon the sub- ject, or taking the pains to inquire ; for if he had, he would have found the fact to be (as your Lord- ship tardily acknowledges, towards the end of your speech) directly the contrary. Now, what 43 I complain of is, that your Lordship did not think fit to rebuke this man, or in any way censure him for his most reprehensible attempt to mislead and deceive you. The fact is, my Lord, that, with the fortune which I must inherit from my father, added to that which I possess at present, I shall be able to bequeath to my younger children a sum of between 200 to £300,000 : presuming, as I do, that my father has not overvalued his property both to me and to the late Lady Ca- therine Long. Another complaint is rather against your Lord- ship — You allude to a charge which has never been made against me. " It is not necessary you should give an opinion upon the subject of drunkenness, as there is no such imputation in this case." Why then make any allusion to it ? Where was the necessity of stating what you should feel it your duty to do, in a case wholly foreign from the one under decision ? Your Lord- ship must know enough of human nature to be convinced that, in a process which had excited so undue a degree of popular prejudice, the very allusion to a vice, even though the party may be perfectly innocent, may and does tend to swell the tide of prejudice against him. The many are more inclined to give the judge credit for deli- cacy, than to acknowledge the innocence of the accused. In the earlier part of the proceedings it was 44 asked of your Lordship, whether you were trying me for adultery ? You replied in the negative. And in your judgment speech, you state distinctly that you are " not called upon to say, what would " be the consequence of the mere act of adultery " on the part of the father ; I will give no opinion " upon that." And yet your Lordship not only does give an opinion upon it, but the whole ground and foundation of your decision rest upon the adultery. Let it not be supposed, my Lord, that I am excusing or palliating that offence. But I am yet to learn, that the present case does not stand less prominent in guilt than any other in- stance of the kind. I cannot recognize any of those dark features which have characterized almost every preceding one. There was no pre- vious intimacy with the husband ; there was no betrayal of friendship or confidence. It is in evidence, that the wife remained spotless so long as she lived in the house, and under the protec- tion of Mrs. Wellesley. And this I know not only to be the fact myself, but I am warranted in inferring that such is your Lordship's belief, because your Lordship dates the adultery from the period of our departure from Florence ; that is, after Mrs. Bligh had quitted the house and protection of Mrs. Wellesley. Of the manner in which the adultery was subsequently carried on, your Lordship seems to form your opinion solely upon the affidavit of Mrs. Scott. Now, 45 had that woman been a woman of credit and character, her evidence would be entitled to all the weight which your Lordship is inclined to afford it. But when your Lordship has it in affi- davit before you, that that woman was discharged, among other causes, for improper conduct with the male servant of the house;* when all she swore has been contradicted by females of unsus- pected character, (Maria Evans and Sarah Lit- tle,) who are not under my controul or Mrs. Bligh's : when, I say, her testimony has been so beat down, what stress ought your Lordship to lay upon it ? Or, how happens it, that the tes- timony of Maria Evans and Sarah Little is never once alluded to? Is there no ground for infer- ring malice on the part of a woman who had been discharged with disgrace? And was your Lordship imposed upon by the artifice of sending her husband to intimidate Mrs. Bligh, and pretend that he came to claim articles which belonged to his wife, (silver snuff-boxs, and watches, and laces, forsooth ! !) — an artifice trumped up for the sole purpose of inducing a belief, that the main charge against her was untrue.* But Scott's evi- dence is equally entitled to credit. It is a confir- mation of what Mrs. Scott swears. Now, if the confirmation by Scott of his wife's evidence rests upon the assertion that she was of the same stature as Mrs. Bligh, it could not have been * Vide Affidavits. Mrs. Bligh whom lie saw entering* a common brothel in Spring Gardens; because so far are Mrs. Bligh and Mrs. Scott from being of the same stature, that there is a great difference in height between them ; and there is not the slightest resemblance between their figures. Scott is half a head taller than Mrs. Bligh ; the former has light hair, the latter black. So much for Scott's confirmation of his wife's evidence! Now, my Lord, I do not mean to say, that Scott did not trace some female into the brothel ; nor would I take upon myself to assert, with the knowledge that so many persons possess of Mrs. Scott's pro- pensities and practices, that that female was not his wife. At any rate, it is false that it was Mrs. Bligh. My Lord, though I do not mean to enter into any defence of adultery, I may be allowed to say, that in every crime thjere are shades of differ- ence- — points of greater or less atrocity. Your Lordship, upon the evidence of Mrs. Scott, cha- racterizes the adultery as the most shameless and disgraceful you ever heard of. Any one would understand by these epithets, that the adultery was carried on openly, and without disguise ; and yet all the evidence on which you rely tends to shew that the utmost secrecy was practised ; dis- guises had recourse to ; the night preferred to day: in short, that every attempt was made to conceal it from public notice and observation. And your Lordship may further be requested to 47 recollect, that, at the period to which you attach such epithets, Mrs. Wellesley was no longer in existence. I shall conclude this part of the sub- ject, so far as it relates to Mrs. Bligh, by saying, that your Lordship, to the surprise of every body, seems perfectly willing to take the character, and manners, and bearing of that lady, as they are drawn by the woman Scott. You put out of your consideration the evidence of other persons, whose testimony seems strangely to be of no value, because it shews her to be a lady, who was thought worthy to be an inmate in the family of the Duchess of Wellington ; who has been the ac- quaintance of my own sister ; who has constantly moved in the first societies ; and who has always been distinguished by the refinement of her man- ners, and the superiority of her mental accom- plishments. Yet not one word of this evidence is to be cre- dited, because a servant, discharged for reasons stated in the affidavits, has sworn to a contrary belief, though her evidence has been contradicted by that of seven persons, not one of whom has been impeached.* There is a letter of mine to Mrs. Wellesley, dated from the Hague, which, intentionally no doubt, was not delivered to your Lordship, till the * Maria Evans, Sarah Little, Joseph Burge, Auguste, Mrs. Stowe, Mary and Mrs. Glover, who lived for some years, head nurse in Lady Fitzroy Somerset's family, and who was hired for Lady Fitz- roy, by Lady Maryborough. 48 evening before yon gave your judgement ; I had not time, therefore, to answer or p ain it, nor indeed did I know that it had been produced till after your judgment had been delivered. But this is not the only reason I have had for com- plaining of the total want of all fairness and justice in the course of these proceedings. The letter relates to Mrs. Bligh's abberration of mind, which, under the circumstances in which she was placed, can scarcely be a subject of wonder. It shews the accuracy of the statement I made, that the letter produced in the Court of Common Pleas, and commented upon with such severity by Chief Justice Best, was not the letter I wrote to Mrs. Wellesley. Had Mrs. Bligh been my sister, I know not how I could have adopted a different course. It was with great difficulty she was persuaded to set off alone. I wrote to her father from Florence, imploring him to meet her at Paris, and informed him of my intention to delay my journey upon the road in order to give him time to arrive. She had been at Paris, as my banker knows, three Weeks before my arrival ; and the passport would prove, that we never met from the time of my quitting Florence with Mrs. Wellesley, till my arrival at Paris. Hence all the suspicions evidently instilled into Mrs. Wellesley 's mind by Dr. Bulkeley, of our meeting on the road, and of the cause of my hurrying my jour- ney, are utterly false and unfounded. The tena- 49 city, as it is called, with which I prevented her from repairing to England, is explained by the fact stated in my letter from the Hague, that the very mention of going thither only increased her paroxysm. But when I could not persuade her to go to England, I resolved not to remain at Paris myself, but set off for the Hague, with the utmost secrecy, and precipitation, a few days after Mrs. Weilesley left Paris. Mrs. Bligh found, by inquiring at the British Ambassador's, that I had got a passport for Holland, and she followed me. The very day of her arrival I wrote that letter to Mrs. Weilesley, which it had been previously my intention to have given, in the first instance, to Colonel Shaw. My Lord, if there be any person who may think that blame attaches on account of these melancholy details, it must be allowed that that blame cannot attach to me. I shall now direct my attention solely to the subject nearest and dearest to my heart — my children. My Lord, I will be bold to say, that, if the greatest paternal affection, if the most anxious desire for their proper education, can render a man worthy to have the care of their persons, and the comfort of their presence, my children, as I shall prove, have been most unjustly taken from me. My Lord, we must take society as it is; we cannot constitute it as the moralist may wish ; 50 we cannot make man without failings and even vices. Mixed up of bad and good, all we can do in deciding upon his character is, to weigh the good parts against the bad. It would, I think, be a most unfair mode of reasoning to say, that because a man might not fulfil all his duties as a husband, he was totally incompetent to fulfil the duties of a father. I am not making any apology for the failure of conjugal duty, though I will not admit that I ever treated Mrs. Wellesley with harshness, but with mildness.* Circumstances may weaken the affection of the husband, which have not the slightest effect upon his affection as a father ; and your Lordship must have been a very inattentive observer of life indeed, if you have not witnessed many instances, in which husband and wife have lived unhappily together, yet both have been most attentive and exact in the performance of their duties as parents. Hence, I come to this conclusion, that the competence of a father, is not to be decided altogether by the manner in which he has filled the character of a husband, but by the manner in which he has filled the character of a father : and by this test I arn willing to be tried. * It happens too frequently that a positive judgment is pro- nounced upon a man's general behaviour from a few instances. Some men's usual manners are abrupt — others naturally mild. The general manner must be ascertained before a stranger can jud^e of any isolated charge of rough and abrupt language. The first charge against me is, that I not only did not rebuke my children forswearing, but that I actually encouraged them. The charge rests upon the evidence of Dr. Bulkeley,* the servant O'Meara, and Dr. Southcote. I trust that I need give myself very little trouble to show that the evidence of Dr. Bulkeley is not to be relied upon, and that it is beat down and destroyed even by himself. There is not one of his affidavits which is not in contradiction to the one he has sworn before ; and it is rather strange that your Lordship did not even allude to that documentary evidence which contradicts him so positively as to dates and facts. Still more extraordinary is it, that your Lordship omits altogether the import- ant fact of the Doctor and his servant O'Meara refusing to put themselves in a situation where they might have been cross-examined. If their evidence had been so unassailable — if they knew that they had only stated facts — why did not they submit themselves to the test which no honest man would have shrunk from ? I know not, therefore, why we are bound to place reliance upon evidence which, being upon affidavit, could be given without being subject to so uncomfortable * Just before this letter was put to press, I received a copy of Mr. and Mrs. Edward Bligh's depositions, and others, at Doctors' Commons. They produce dates, assertions, and facts, which, at once, destroy Bulkelev's infamous charge of Mrs. Bligh's attempting an abortion. E 2 52 a process. I insist that in no main point is their testimony corroborated. But some remark has been founded upon a declaration I am supposed to have made, that I would not believe G'Meara, because he was a Catholic : I made no such decla- ration ; I did say that it was to be doubted, be- cause he was a low Irish Catholic ; and I illus- trated my observation by the distinction I drew between the testimony of such a Catholic as the Abbe Nicole, and the evidence of such a man as O'Meara, a low Irish Catholic. If any fresh remark be necessary upon the evi- dence of Buikeley, it is that we have it on the tes- timony of Mrs. Wellesley herself, that he did apply to her for " remuneration for his valuable services;" conduct which your Lordship merely notices, as if it were not open to the slightest sus- picion, and as if it were not of the utmost import- ance when viewed in connection with the corre- spondence between him and the attornies. As to Dr. Southcote, I will not suppose that your Lordship can place any reliance upon his declaration, that I boasted to him of having fre- quently procured children, of the lowest descrip- tion, to teach my children swearing and blas- phemous language : and that it was my wish to make them associate with persons of the lowest description, in order to give them a low style. I say, I will not dwell upon Dr. Southcote's evi- dence, because your Lordship must see that it is 53 wholly incredible. This man was a man of vulgar habits, and had been relieved by me upon various occasions. Having accused me of having a dis- ease, which I had not, and never had, I resisted payment of a bill which I did not owe him, and was arrested. I gave bail with the intention of going to trial ; but the Doctor never thought proper to proceed in his action.* Upon the subject of swearing, your Lordship has evidence which you think fit to pass over, and which shows that Mr. Pittman does not con- tradict or answer the evidence of Randall, who swears that I said to him, in that respectable person's presence, that should the children ever use improper language before him, he was to carry them immediately to Mr. Pittman — not to me. Some stress has been laid upon two or three ex- pressions in my letter to my children and their tutor, as if they tended to encourage swearing: such as " Hell and Tommy ;" " A father and his children ought to be allowed to go to the devil their own way;" " Neither God nor devil shall interfere between me and my children." I do not defend these expressions; they are ill chosen, and in bad taste ; but I think every man will view them, not as advising children to swear, but as the * I wish to press this more earnestly, in order to rebut the cruel inuendo built on the expressions in your Lordship's judgment: — " Victim of many abandoned women."— Vide p. 7-1. strong 1 , though hasty expressions of a father, smarting under the suspicion that others were doing that which he had determined they should not do — interfere between him and his children. There is one fact with regard to swearing, which is a curious one. Tn what way could the case have been treated by your Lordship's prede- cessor, Lord Thurlow, who was not only more addicted to swearing than any other man almost that ever existed, but who lived in constant and notorious adultery ? He might have acted as your Lordship has ; but, at least, it would have been a curious circumstance to have heard him reprobate and punish a suitor, for the very vices of which he himself was guilty ! However, against this suspicious testimony of Bulkeley, Southcote, and O'Meara, I have to produce the evidence of my own letters to my children and their tutor; not written with the least idea that such a process as the present would have been in- stituted, but written under the anxious feeling and desire, that they should attend to their studies; and not only be good classical scholars, but that they should hold deceit and falsehood in the greatest abhorrence. Every line of that cor- respondence proves my wish, that they should be men of good-breeding and taste. I entreat my eldest son, in one of these letters, to aim at being " the card and calendar of gentry." I desire Mr. Pittman, to prevent them by all means, from 55 a fondness for low society. I encourage them in field sports, which, whilst they contribute to health and exercise, will give them a disgust to the resources for amusement, to which so many young men have had recourse, a gaming house or a brothel. And yet, whilst even your Lordship has given me credit for these letters, I am to be supposed capable of recommending a course of action — a fondness for low life and vulgar society, which I always detested — for profane oaths and blasphe- mous language, which must have rendered a good classical education, and a hatred of falsehood and cunning, utterly impossible ! Before, howover, I dismiss the subject of my children's education, let me say one word about their tutor, Mr. Pittman. In the correspondence that has been produced to your Lordship, you have seen that I disdain to reply to a charge of having, at Paris, called my father a rogue. And J remarked to Colonel Shaw, that the mere giving a reply to such an assertion, was conferring upon it a sort of cre- dence. The same principle governed me in many points of the affidavits that have been alluded to — the same principle governs me in declining any answer to the observation of my children having sometimes used improper language in France. What asseveration — what expression is there made use of by a French postillion, that is not to Eng- lish ears coarse and indecent ? What wonder is 56 it that a lively child, from the very novelty of the phrases, should occasionally allude to, and repeat them, during a journey from Paris to Calais ? That Mr. Pittman, who has been so extolled by your Lordship, performed his duties with great assiduity, and in strict obedience to my daily and hourly commands, I am quite as ready to admit as your Lordship. But has your Lordship so shallow a knowledge of human nature as to be- lieve, that such a man is to step out of the ordi- nary line and walk of men of his description, and not to be capable of yielding to such allurements as even you yourself could not refrain from hold- ing out to him ? — that that man's testimony is to be held up as paramount to all others, because his benefactor has treated him with kindness and civility. I desire the gentleman to be asked, whether he remembers my wishing my children to be confined, at first, to their catechism, and not to proceed to studies, in which they would have to inquire the meaning of the terms fornication and adultery ? How does this bear out the accu- sation, stupid and false altogether, of my desiring them to debauch every woman they came near ? How happens it that, out of one hundred letters from me, Mr. Pittman has only preserved thirty? — that he has not preserved the one I wrote upon courage— another upon sound religious feelings — and another, in which I introduced a quota- tion from Cicero — another, in which I inserted the prayer I composed for my little girl at Arras? o? If I have thus shewn that I did not, and could not, encourage in my children a fondness for low society, and for swearing and blasphemy ; that, on the contrary, I was anxious for their moral and mental improvement ; I think I have shewn enough to convince the most fastidious, that I am not a man to whom the custody of his children might not be safely entrusted. But the intimacy with Mrs. Bligh!— I am of- fered the guardianship of my children if I will put an end to my intimacy, with that lady. In plain language, if I prove myself to be a scoundrel, I shall be deemed a very fit and proper father. My Lord, I cannot accept your alternative ; and, if you can relax the sterner feelings of the judge, you will acknowledge that I ought not. But in what way has, or is, that connection to influence me in the government of my children ? Had it already made me, in any way, regardless of their welfare, and neglectful of their improvement, there might have been some force in the argu- ment ; but the contrary has been proved ; and the very application, which I am now making, with such intense anxiety, affords the most une- quivocal proof of the sincerest and deepest affec- tion for my children. In desiring, however, their restoration, have I ever connected that resto- ration with any intention of placing them under the eye, or in contact with Mrs. Bligh ? A separate es- tablishment was provided ; and Mrs. Bligii would have been to them as if she had never existed. The 58 boys would have been pursuing their education at a public school, and at the university, and the daughter would have been under the care of a married lady of the highest respectability. But this fact your Lordship forgets ; at least, you have not noticed it. You say, even, " that you have my authority for stating, that the separation of the boys from the daughter is a thing that ought not to be done." My Lord, in the common course of education, the boys must be~separated from the girl ; but I declared that I had provided a guardian for my daughter, distinct and apart from myself. I had selected a lady of gentle manners and great rectitude of conduct (Mrs. Wright), to extirpate from my daughter's mind those weeds of deceit and cunning which must have grown up during her residence with the Misses Long. I am anxious that she should have the manners of a lady of rank and fashion ; that she should take for her model such an exalted female as Lady Maryborough, and thus have acquired that grace of manner, which she can never ob- tain, so long as she remains under the care of women so deficient in all those qualities as her aunts. But the omission I have just complained of is not the only one. I must regret that the evidence adduced on my part has not been deemed more worthy of attention and respect. Thus your Lord- ship never dwells upon nor alludes to my letter to Colonel Shaw : thus the evidence of a clergy- man (the Rev. Mr. Langdon) is described as if he had done nothing more than supply my sons with ponies, and have been to visit me frequently whilst I was abroad. My Lord, I know not that either of those actions is incompatible with the duties of his sacred profession. He considered himself to be owing me a debt of gratitude, and he was anxious to shew his sense of it by kind- ness to my children, and attention to me. But your Lordship forgets to add, that Mr. Langdon's affidavit states his long acquaintance with me — his knowledge of my principles and habits — the reneated instances he had seen of my attention to the welfare of my children — my kindness to my tenants — my respect for the doctrines and dis- cipline of the established church, and my hatred of bigotry and superstition. It would have been quite as fair if your Lordship had stated this part of his affidavit at the time you quoted the other part. But you add, " it would have been as well if he had informed us whether he met Mrs. Bligh when he visited me abroad." And if he had, in what point would it have weakened or invali- dated his affidavit ? He would have found her, tending me, (as she did) on a bed of sickness, which was likely to have been to me a bed of death, with unrepining assiduity and patience, for nine months — the attendance, and visits, and solace of every member of my family having been denied me. The death of Mrs. Welleslev makes me allude m to any circumstance relative to her, with great hesitation ; but I cannot avoid saying, that had her sisters permitted me to have an interview with her in Clarges-street, much that has since taken place would have been avoided : and I have, in my first letter to your Lordship, alluded to a living person, to whom she expressed her regret that the interview had not taken place. The mention of another fact is rendered neces- sary by the attempt of Dr. Bulkeley to induce a belief that the separation, d thoro, between Mrs. Wellesley and myself, is to be dated from the arrival of Mrs. Bligh at Naples. Now the fact is, and it is well known to Dr. Bulkeley, that that separation had taken place long before, in conse- quence of her malady, and by the advice of medi- cal men. In forming an estimate of the adultery this is a fact which I think your Lordship will allow to be most material. With respect to the sectarian principles of the sisters, I have some curious documentary evidence in the letters* of a Mr. Barry, whose name occurs more than once in my first letter. He was the guide and director of the family ; a kind of father confessor, as well as steward. He inter- * See Appendix C. — An attentive perusal of them will convince every person of the propriety of my wish to prevent my children from associating with him, and imbibing the principles of this silly hypocrite: — Noscitur a sociis. Let Mr. Barry translate this for the benefit of the Misses Lon» ! til fered in all their temporal as well as spiritual affairs. Oh ! inimitable Moliere ! what deeper traits, what fresher colouring, would he have enabled you to give to the character of the hypo- crite ! I have before me some dozens .of this per- son's letters, which I had never read till after your Lordship's judgment; and never did I see such hypocrisy and cant. He "only endures life that he mav witness the prosperity of his lovely friends, the Misses Long! His happiness or misery, health or ill health, all depend upon them !" I annex two or three of his letters, all of which are in the same trashy and nauseous style. Many, many more observations might be made upon your Lordship's Judgment Speech ; but I trust I have said enough to shew that your deci- sion against my claim to the custody of my chil- dren cannot be sustained by any known or recog- nized rules of jurisprudence in this country. That the Court of Chancery had no right to interpose its authority so as to divest me of my natural claims as the surviving parent, or at all events, that it had no such right, until after a case had been clearly made out, upon distinct and unquestionable evidence, that their morals or their future welfare in life icere likely to be affected or endangered by their remaining under my protection. My Lord, I maintain with the utmost confi- 62 deuce, that the only solid and defensible ground for depriving a father of the care of his children, should rest upon the clearest and most distinct proofs of his having neglected the duties of a father ! I feel perfectly satisfied that no person in the kingdom, nay, that no woman with the feelings of a mother would ever lend her sanction to the doctrine laid down by your Lordship, that a father, in the event of his surviving his wife, is to be held incapable of being intrusted with the care and management of the offspring of their mar- riage, if it shall be discovered after her death, by any of her relations, who may have an interest in raising the question, that that father has during her lifetime been guilty of infidelity to her. Your Lordship knows, that such a doctrine, if made a ground for disqualifying a father from having the custody of his own children, will, in several well known cases, endanger the parental rights and privileges of some of the first men in the kingdom. I am, My Lord, &c. &c. W. L. WELLESLEY. London, 25th February, 1827. NOTES. Page 23, line 28. — Mrs. Wellesley had in her suite, in the capacity of Lady's maid, a person who had received a finished education, who corrected and wrote many of her letters. Page 51, line 16. — It now appears that Dr. Bulkeley was brought to a court-martial in Corfu, and broken. For what ? — For telling an untruth ! ! Page 56, line 26. — The cause for the production of these thirty letters, some of which have appeared in the public journals, arose thus : — the objectionable part of those two letters (out of one hundred sworn to have been written,) which contained oaths, were produced in proof by the Misses Long in the Court of Chancery. This brought to my recollection the tenour of my correspondence with my children and their tutor, which 1 had written according to the feeling of the moment, and of which I retained no copies. I made my counsel call for all the letters I had written ; and with great difficulty, after much delay, I succeeded in obtaining those which have appeared before the public ; and which are obviously a selection not made to favour me ; as the seventy letters retained, are chiefly those which were written to my eldest son, being com- posed for the instruction of one more advanced in years than my other children, they of necessity would be better written. Would to God I could be judged by the whole of my correspondence with my children, as well as with others, which have reference to their interest. NOTES. In reconsidering the contents of Appendix B, I am called upon in fairness to Lord Maryborough to add, that before I came of age, he paid several hundred pounds for me ; at this distant period of time I cannot call to my recollection the amount — I believe it was under one thousand pounds. My father also gave me an allowance with which I was satisfied, and which I believe was fully equal to what it ought to have been ; I believe it varied at different times ; I cannot recollect its amount. I do not in these pages desire to make myself better than I am, I wish to shew I have been represented as very much worse than I am. I avow that all my life, till within these last few years, I have been most inconsiderate with regard to my own pecuniary interests ; that I have frequently contracted, thoughtlessly, debt ; but I have the consolatory reflection of knowing, that I have given proof of my considering no sacrifice to vanity, or privation even of comfort, too great to myself, but never to my wife, to give me the more ready means of meeting the heedless pecuniary obligations I had con- tracted ; as also that I have narrowly watched over the pecuniary interests of others confided to my care, especially those of my children ! When the family arrangement took place in the year 1810, I believe Mr. Trebeck paid out of my father's estates the bills I then owed, which were under one thousand pounds, I think. APPENDIX (A). (COPY.) Correspondence between Messrs. Williams, Brooks, Powell, and Broderip, and Messrs. Hutchinson and Holdsworth. Lincoln's Inn, 29th Nov. 1826. Gentlemen, We are directed by Mr. Long Wellesley to apply to you for the delivery to him, as the administrator, with the will annexed, of the late Mrs. Long Wellesley, of all the effects of his late wife, which came into the possession of yourselves, or the Misses Long, upon that lady's death. As no doubt can exist of Mr. Long Wellesley's right, either as the husband or administrator of his late wife, to all she died possessed of, we presume you will have no difficulty in advising their being given up. Waiting your reply, We are, Gentlemen, Your most obedient Servants, (Signed) WILLIAMS, BROOKS, POWELL, & BRODERIP. To Messrs. Hutchinson and Holdsworth. Lincoln'' s Inn, 29th Nov. 1826. Gentlemen, We lose not a moment in replying to your letter, applying on behalf of Mr. Wellesley for the delivery of all the effects of the F 64 APPENDIX (a). late Mrs. Wellesley, which came to the possession of ourselves, or the Misses Tilney Long, upon that lady's death. As concerns our- selves, the answer is, there were none ; and we will write to the Misses Tylney Long by the post of to-morrow, to apprize those ladies of the application as concerns them. We are, Gentlemen, Your most obedient Servants, (Signed) HUTCHINSON & HOLDSWORTH. To Messrs. Williams, Brooks : Powell, and Broderip. Lincoln's Inn, 4th Dec. 1826. Gentlemen, We request to be informed what answer has been given by the Misses Long to the application made by us on the 29th ult., for the delivery to Mr. Long Wellesley of all the effects of the late Mrs. Long Wellesley which came to their possession. In your reply of that date you stated it to be your intention to apprize them of the application by the succeeding post. We presume this was done, and that by this time you have received their reply. We are, Gentlemen, Your most obedient Servants, (Signed) WILLIAMS, BROOKS, POWELL, & BRODERIP. To Messrs. Hutchinson and Holdsworth. Hall Place, 9th Dec. 1826. My dear Sir, I have deeply reflected upon the communication you have made to me of the purport of what passed between Mr. Hutchinson and yourself yesterday ; and I request you will inform Mr. Hutchin- son that it is my express desire that you, or some person in whom I equally repose delicate confidence, should be present at the time the proposed inventory of Mrs. Long Wellesley's papers and effects is taken. APPENDIX (a). 65 I require this, because I do not choose to suffer these papers to be indiscriminately read by any person whatever: and I feel it to be more essential, in consequence of Mr. Hutchinson's declaration, that he should think it right to retain such of Mrs. Long Wellesley's papers as he might deem advisable not to be handed over to me. This declaration assuredly conveys either the intention of in- specting these papers, or, that having been already made acquainted with their entire contents, he judges it expedient to select certain portions of them ; it is a matter to me of no consideration what may be the papers (trifling or important) which, in the discharge of his duty as agent for the Misses LGng, he may think it politic to retain ; but I do protest against the principle of any man, let him be who he may, assuming to himself the power of acquiring the knowledge of one scintilla of the contents of the general and private papers of a deceased wife, which are naturally, and, in my case, also legally, the property of her husband. Having learnt, at the time, by a letter from Mr. Yewbury, which isaiow lying before me, that immediately after Mrs. Long Welles- ley's death, seals had been put on every thing that belonged to her ; having caused repeated notices to be given to Mr. Hutchinson that these seals should not be broken but in ,my presence, until I re- ceived your communication, I of course concluded that they would in the ordinary manner be kept sacred, and be delivered up to me in the same state. I have no hesitation in declaring to Mr. Hutchinson, that I con- sider the production of these papers, in their integrity, will enable me most triumphantly to overthrow the accusations which have been brought against me, by the disclosure of a succession of unde- niable facts, which would confirm all the statements of my affi- davits. It must be obvious to the weakest understanding, that if Mr. Hutchinson claims to examine, to retain, or to destroy any of these papers, it can only be to prevent the elucidation of the truth. To this I will not submit. I ask, to whom, if not to me, these papers and all other effects of Mrs. Wellesley belong ? I ask, by what right the Misses Long presume to detain them from me one moment, still more of selecting from them all that might tend .f2 (Jlj APPENDIX (a). to their discomfiture and my justification ? Do these ladies reflect upon the course they are advised to pursue ? Do they consider it consistent with principles of justice, with common candour, I would add with common honesty, to say nothing of delicacy, to ransack papers which do not belong to them, for the purpose of suppressing, if not of destroying, evidence ? I hope they are not capable of it ; at alLevents, it is my duty to prevent it. I desire you will be good enough to communicate this letter to Mr. Hutchinson to be laid before the Misses Long. I am aware I have expressed myself strongly. I intend to do so, for I will not tamely stand by and see my dearest rights infringed, and my best affections trampled upon, without a struggle to avert it, and to throw back upon ray accusers the obloquy they would attach upon me. Believe me, my dear Sir, Most faithfully, W. L. WELLESLEY. To J. A. Powell, Esq. Lincoln's Inn Lincoln's bin, llth Dec. 1826. Gentlemen, We are desired by Mr. Long Wellesley to send to you the enclosed copy of a letter he has written to us on the subject of Mrs. Wellesley's papers and effects, which, as you will perceive, he de- sires may be communicated to the Misses Long. We therefore re- quest you will do so as early as possible. On our part we have only to add, that we shall be ready to attend any appointment for the purpose of taking the inventory, and that Mr. Long Wellesley will be prepared to give any proper discharge for these effects, upon the whole being delivered up to him ; but he directs us to say, that he will not permit any part to be kept back. We are, Gentlemen, Your most obedient Servants, (Signed) WILLIAMS, BROOKS, POWELL, & BRODERIP. To Messrs. Hutchinson and Holdsworth. APPENDIX (a). 67 Lincoln's Inn, Dec. \'2lh, 1826. GENTLEMEN, In reply to your letter of yesterday, enclosing copy of one of the 9th instant, from Mr. Wellesley to Mr. Powell, we have to say that we deem it unnecessary to make any other reply to Mr. Wellesley's observations, (whether as applied to the Misses Long or to Mr. Hutchinson) about suppressing or destroying evidence, and ransacking papers, &c, than that they are wholly devoid of truth and justice. The round assertion of Mr. Wellesley, that he considers the papers of the late Mrs. Wellesley, now in the pos- session of the Misses Tylney Long, would enable him triumphantly to overthrow the accusations which have been brought against him, &c. &c, would have excited surprise, had not statements of a similar character been made on former occasions, during these proceedings. Mr. Wellesley deposed to the same effect in one of his affidavits with regard to the papers left by him in the New Road, which he described as having been stolen, although he could hardly be ignorant how Captain Bligh had taken possession of them. Upon the main points of Mr. Wellesley's letter, the delivery of Mrs. Wellesley's effects to him, and the inventory to be previously taken of them, the Misses Long are advised that the effects of the late Mrs. Long Wellesley having fallen into their hands at the time of the fatal event, as her nearest friends and relations, they were entitled to take an inventory of them for their own indemnity, without the intervention of any person whomsoever, at any time before delivering them up to the ultimate legal possessor of them, and therefore they are advised that they are so entitled now. And with regard to her letters and papers in particular, the Misses Long are advised that this is a case where they rather than any other persons, and above all, perhaps, exclusively of Mr. Wellesley, are the most natural and proper persons to inspect and examine those letters and papers ; and acting as they do in these proceedings under the express and almost testamentary injunctions of their deceased sister, we conceive it is also competent for them to decide which of these letters and papers shall be retained, at least until the decision of the question now pending. Nor do we believe that any person, not entirely devoid of all sentiments of delicacy, g8 APPENDIX (a). propriety, or even common decency, can hesitate to admit this claim on the part of the Misses Tilney Long. Certain it is, that they will be advised to insist on it. An inventory will be made as speedily as conveniently may be, and all such letters, papers, and effects, as the Misses Long are advised they can with safety and propriety deliver up, they will order to be delivered. We are, Gentlemen, Your very obedient Servants,. (Signed) HUTCHINSON & HOLDSWORTH. To Messrs. Williams, Brooks, Powell, and Broderip. Lincoln 1 s Inn, Dec. 14th, 1826. Gentlemen, We yesterday received your letter of the 12th instant, in reply to ours of the 1 1th and its enclosure. Having laid it before Mr. Long Wellesley, he has directed us to state that his observation respecting "the destroying evidence," was founded upon Mr. Hutchinson's distinct avowal of his determination to destroy (if he thought proper) any of his own letters that he might find among Mrs. Long Wellesley's papers ; and that the charge of " ransacking papers and suppressing evidence," is fully borne out by the equally distinct avowal in your letter of the 12th, of the intention of the Misses Tylney Long " to inspect, examine, and retain"' such of the papers as they shall decide upon as fit to be retained. With these avowals staring him in the face, Mr. Long^ Wellesley is content to leave it to every candid mind to decide on which side lie " truth and justice." The lapse of a very short time will shew the accuracy of Mr. Long Wellesley in the statement 1 he has madei of the importance of these papers to his cause as well as of those stolen in the New Road. Mr. Hutchinson, from the recent applica- tion to serve him with a subpoena to produce those papers, must be aware that until the disclosure made by him at that time, Mr. Wellesley was ignorant of their being in the possession of any other person than Mr. Hutchinson himself. We do not know who the advisers of the Misses Tylney Long APPENDIX (a). 69 may be, but we cannot conceive any person so ignorant of the commonest principles of the law, as to have told them that they have the rights you contend for. Upon Mrs. Long Wellesley's death, every thing belonging to her becameimmediately the property of her husband, or of her executors, if she had power to make a will and appoint them. The persons into whose possession her effects casually came (whoever they were) were bound in honour to seal them up, and to keep, or place them in safety, for the husband, or executor. From the moment the executors were known, and the will proved by them, or that it was known there were none, and administration was granted to the husband (who alone had right to it), the property ought to have been delivered up to him without any examination. Under such circumstances no inspection could be necessary, no inventory be required, and the receipt of the persona! representative would be a sufficient discharge. Where seals are once placed, they cannot with propriety be broken, without the consent of those legally intitled to the property they cover, and in their presence, if required. Mr. Long Wellesley desires us again to insist upon every part of these effects being delivered up to him. He says, " That if among Mrs. Long Wellesley's papers there should be found any of the exposure of which any persons may be afraid or ashamed, they must take the consequences of the folly or wickedness of having written them. If there be not any such, there can be no good reason for the anxious and unbecoming desire expressed to examine and retain them. It seems to Mr. Wellesley not a little strange, that the only person not allowed to see or possess these effects should be precisely the person to whom they legally belong. Mr. Long Wellesley knows of "no testamentary injunctions of his late wife ;" he looks to his situation as her husband, to her will, and to the administration of it granted to him, for his natural and legal rights; and finds those rights complete in them. In this case the Misses Longs can legally put themselves in no better situation than strangers. They are, in the opinion of Mr. Long Wellesley, the last persons, as relatives, (because they are 70 APPENDIX (a). interested parties) to whom ought to be entrusted the care or examination of his wife's papers. He has already seen what he has to expect from a selection made by them or those under whose advice they act. He adds, that he has yet to discover " the senti- ments of delicacy, propriety, or even common decency," which have actuated those ladies in their proceedings against him. We are, Gentlemen, Your most obedient Servants. (Signed) WILLIAMS, BROOKS, POWELL, & BRODERIP. To Messrs. Hutchinson and Holdsworth. 71 APPENDIX (B.) ■1° § £ 5 £ £§ 3d -" iS «- QO >£ £ |» O fa, 4) S; *■ e fe "« p _ a. ro 5 C -s oj (No. 1.) Copy of Mr. Trebeck's Statement, with the Remarks of Mr. Long Wellesley thereon. STATEMENT RELATIVE TO THE AFFAIRS OF THE RIGHT HON. W. W. POLE. January 1810. Mr. Pole has various debts, which he wishes to discharge, amounting in Irish money to about In order to raise a fund for the discharge of those debts, Mr . Pole wishes to sell unimproveable property in Ireland. To cut down timber upon the demesne of Ballyfinne, calculated to produce And to borrow stock of the trustees of his marriage settlement, computed to be of ihe value, in Irish Money of about £ ; in order to obtain which stock it will be necessary to secure to the trustees the sum of £ British, or £ Irish, which he was bound to accumulate for the portions of his daughters, to the interest of which he is entitled during his life £ The estates will, after Mr. Pole's death, be liable to the payment of interest on this sum of £ Irish, which at £6 per cent would be £ That, added to the unimproveable property sold, would reduce the annual income of the estates after Mr. Pole's decease £ £ 72 APPENDIX (b). Mr. Pole, being desirous of making a proper provision for his son, proposes to increase the allowance he makes to £1,500 British, per annum, and to settle his house in Saville-row, and an estate in Wiltshire, called How and Dean, subject to his and Mrs. Pole's life estates therein, upon his son, absolutely. He proposes to make many beneficial arrangements with regard to his estates, particularly in the reduction of his establishment at Ballyfinne, and the letting part of the demesnes and the deer-park ; by which means he expects to effect a saving or difference of at least £ per annum, and still materially benefit the inheritance, as also doubly compensate for any reduction in the rental, by sale of the unimproveable property before-mentioned, and upon the whole of the proposed arrangements, Mr. Pole's income will be much more considerably increased. In order to bring these plans into effect it will be necessary for Mr. Pole and his son to sign and execute proper deeds, in order that recoveries may be suffered so as to cut off the entail created by the will of the late Mr. Pole. These deeds are preparing, and will be transmitted to London, with the proper instructions as to the mode of executing them. The estates will by them be settled, in the first instance, on Mr. Pole for his life, then on Mr. William Pole for life, subject to Mrs. Pole's jointure, now charged thereon, and then to the heirs of the survivor of Mr. Pole and his son, subject notwithstanding to any other mode of resettling the estates which Mr. Pole and his son may afterwards think proper to make. " All this meets with my entire and most ample concurrence." W.W.POLE. 23d January 1810. The lines written across the top of the first page, and the con- cluding lines on this page, are in the hand- writing of Mr. Long Wellesley. APPENDIX (b). 73 (No. 2.) 4th January 1810. Copy of Mr. Pole's Memorandum, with the Re- marks of Mr. Long Wellesley thereon. The memorandum marked No. 1 , states briefly the sum wanting to clear incumbrances, the mode of providing it, and the burden that will remain upon the estate to be borne by my son, if he con- curs in the arrangement. The advantages which will be given to him as an equivalent for the sacrifice he will make by what is proposed, are the imme- diate income of £1,500 a year, and the reversion of How and Dean estate, and of the house in Saville Row ; these, taken to- gether, are worth, upon the cal- culation which has been made by my people of business, above half the value of the charge that will be laid on the estate, and the loss of £ a year by the intended sale ; this I understand is more than the proportion which- my son's interest in the estates bears to mine, considering the relative value of our lives. But besides this equivalent, the dis- tribution of Ballyfine must be Nothing can be considered by me a sacrifice which tends to relieve my father's embarrass- ments. Extremely liberal ; more than I should have expected ; as much as I desire. 74 AI'PKNDIX (b). I am well aware that my father would have recourse to no measure that was not most strict- ly equitable, as well as beneficial to my interests ; but I wish my father to think less of my interests, and be assured that most willingly I shall always enter into any ar- rangements that may be beneficial to him and other branches of my family. I am most positively deter- mined not to enter minutely into any of those arrangements, as I hold my father's judgment supe- rior to my own ; he may always command my opinion on this subject. highly beneficial to my son ; for it will be instantly turned into two productive farms, with a per- manent increase to the property of £ per ann. And all the young growing timber, planted by me, amounting to about se- venty acres, will remain, and must become, in course of time, highly productive. The house, &c. will be pre- served at an expence to me of £ a year ; but may in future be made productive by sale, if it should not be of consequence to my son to keep up his inte- rest in the Queen's County. W. W. POLE. W. W. P. (No. 3.) Copy of Mr. Long Wellcsleys Letter to Mr. Wel- lesley Pole, enclosing Papers Nos. 1 and 2. Greenvrich Park, 23d January 1810. My Dear Father, Mr. Trebeck, who has just quitted me, delivered to me your letter of the 4th instant, together with the papers therein con- tained, marked Nos. 1 and 2. I have to observe on the paper marked No. I, that I wish to rest in ignorance as to the amount of the embarrassments with which your property may be encumbered ; it must be for the joint interest of us both to dissipate- those incumbrances in the most advantageous manner ; it is for you to fix on the mode : for me to acquiesce in your opinion. APPENDIX (b). ?.*> Pursuing this principle, I have refrained from examining the first page of the paper No. 1 , from the commencement of that part of the paper No. 1, which I have thus marked, >< to its conclusion. 1 have only to repeat that the suggestions therein contained meet with my most ample concurrence. The best answer I can offer you to the Paper No. 2. are the observations I have scratched down in the margin of the said paper, and which I now enclose you. I am most perfectly satisfied with the allowance of £1,500 a year which you are pleased to grant me. I have been induced to make some observations on the monies due to Lord Wellesley and Wellington. I trust that you will in your goodness place a favourable construction on the motives which induced me thus frankly to state my feelings on the subject. Without trespassing further on your time at this moment, I shall confine myself to expressing the anxious solicitude which I shall at all periods feel in tendering to your equitable and honourable care my signature. I feel infinite satisfaction in having had the pleasure of making Mr. Trebeck's acquaintance, in whom I have discovered the most upright and impartial conduct ; and I shall feel great delight in rendering all possible civilities to this gentleman. Believe me, my dear Father, with the greatest respect and warmest attachment, your affectionate Son, W. W. POLE. P.S. I take the liberty of observing on the arrangement which you intend making relative to my sister's fortunes, that this equally meets with my admiration ; and that, although it is a part of the subject now under review which, having in any way touched upon, I should have so done with a most delicate hand, I ought, in justice to Mr. Trebeck to state, that I have been prevented even thus ap- pearing to interfere by the candid disclosure of this gentleman. The papers Nos. 1 and 2, with my remarks, I beg leave now to reinclose to you. W. W. P. 76 APPENDIX (B)o (No. 4.) Copy of Mr. Trebeclcs Letter to Mr Wellesley Pole, transmitting Recovery Deed. 24th January 1810. Dear Sir, I have the particular pleasure of transmitting herewith the recovery deed, and other documents relating to it, under a cover, addressed to Mr. Cathrew. In obtaining to them the signatures of your son, I have the extreme satisfaction of finding him alive to every sentiment which would be gratifying to a father, and perfectly according in every plan proposed for the arrangement of the affairs of your family generally. Such were the impressions upon my mind, that, although it was unnecessary to enter into any detail as to the nature of the incumbrances upon you, I was induced to explain to your son that they were two sums due to Lord Wellesley, and Lord Wellington, which were intended to remain upon your personal security, and were not included in the suggested arrange- ment. On this point, 1 have his particular request that you will allow them to be included ; and, professing the greatest respect for both their Lordships, he begs me to suggest his desire and wil- lingness that he may be permitted to join in a security for the sums. Feeling as I do, every bearing of the transaction, I hope and trust that although my having stated these debts was not part of my written instructions, yet the conduct of your son rendered it but proper that the circumstances should be stated. I have found Mrs. Pole and your son much gratified by the suggested arrangement with regard to the Dublin property, and on your arrival in London the whole of that plan may be carried into effect. I have not yet had the honour of seeing Lord Wellesley, but APPENDIX (b). 77 expect to do so daily ; after having seen his lordship I shall wait upon Lord Clarendon, and as I feel the necessity of arranging the matters before I leave London, most probably I shall have the honour of seeing you before I set off on my return to Ireland. I remain, &c. &c, (Signed) CHARLES TREBECK. 24th January 1810. TO THE RIGHT HON. W. POLE. 9th July 1821. My dear Father, Your letter of the 5 th of July I received the day before yes- terday, announcing the assumption of your long rumoured peerage, together with the causes which induced you to refrain from a more early communication to me of the event. That any communica- tion which comes from you should at all times command my re- spectful attention, you have no cause to doubt. The letter in ques- tion has occupied my most serious reflections ; and I must be guilty of gross duplicity did I admit the reasons you assign as those which precluded your communicating to me earlier your intended eleva- tion, were calculated to remove from my mind long sufferings of .the deepest and most painful nature. You inform me Lord Liverpool enjoined you to secresy; but, during the existence of this bond of secresy, you were allowed to notify the event of your projected peerage to three persons, Lord Wellesley, the Duke of Wellington, and another person, under pe- culiar circumstances. I must confess I can conceive no circum- stances so peculiar as that which could not induce you to solicit Lord Liverpool to allow you to add my name as a fourth. Perhaps my vanity tells me I ought to have been the first person. I have reasons to believe Lord Liverpool has denied his intention to keep the matter secret from me ; but of this I am satisfied, if he made 1 any special injunction, by which I was to be kept in ignorance of the event, his Lordship was to me guilty of an insult, which I shall ever remember. 78 APPENDIX (B). It is some years since I first learned it to be your wish to become a peer. When this information was given to me, I treated it as an idle rumour, merely because I had never heard you mention the subject. And now it will be above a twelvemonth since Charles Stuart communicated to me several particulars concerning your title. I denied the matter, entirely from the same reasons that I did three years ago ; but I must confess, when in the same week I saw authentic paragraphs in newspapers, sanctioning the public rumour, I felt deeply mortified. 1 could not avoid looking into my mind, searching after and inquiring for, but, thank God, finding no cause, why my father should publicly hold me forth to the world as a man unworthy of his confidence, and one he did not think proper to treat with the ordinary courtesy which parents generally condescend to adopt towards their sons. I shall take the present occasion, which seems to have revived our intercourse, to bring under your view subjects not in answer to your letter of the 3d instant. Public rumour has informed me you expressed yourself surprised at my not confiding to you the direction of my affairs. I regret that my motives for not availing myself of your abilities escaped your sagacity. There were two conclusive reasons which induced me to refrain from soliciting your aid, both of which operated at different periods of time, the first separately, and afterwards the two collectively. When you spoke to me of my affairs at Stratfield-Say, they had been open to my men of business, and the readiest mode of relief to them appeared to be to allow a portion of the interest of my debt to bear upon your estates. Your manner to me of late years, your expressions towards me, were to my mind convincing that you did not place in me that se- cure confidence which would have allowed me in prudence to open to you the state of my affairs ; when the first paper that would have met your eye must have been one containing a proposition to come upon you for relief, your suspicions would all afresh have been awakened, and you might have presented to your imagination a ground on which to form an opinion that I sought your interference but to entrap you into the giving me assistance. This cause operated antecedently to the King's death. I then APPENDIX (fi). 79 Was anxious to have your advice; Shawe was equally desirous to profit by it ; but this reason appeared, both to himself and me, so paramount against making application to you, that we abandoned it altogether. I must add, admitting the force of my reasons, Shawe did so at my instigation. After the death of the king, my affairs wore a more gloomy aspect ; I found I had to contend with an assertion, that it was my. intention to ev,ade, by legal chicanery, a fair adjustment of my creditors' claims against me — a vile insinuation, which might ulti- mately affect my honour. 1 resolved to foil so base an attempt ; and after much reflection, and no consultation with aught but my own mind, 1 resolved upon a project, wasteful in a pecuniary sense, but which would place, as I foresaw, beyond the possibility of doubt, the rectitude of my intentions. It was impossible that I could have then sought advice from you, any more than I could have solicited you to become my s jcond in a duel. The sequel proved the justness of my forethought ; for the very act which proved to me honourable, was endeavoured to be set aside as a fraudulent transaction. The measure was tried in a Court of Justice, and the Judge decided the transaction to be most honourable to my character, and reputable to my understanding. Had you been a party to these arrangements, the world would have said my honour had been saved by my father's interference. Ho- nour is the only point in life which it is a virtue to treat selfishly. If I had erred in that essential particular, I should have desired to have fallen by myself: if I had not, I shall desire by myself alone to have risen.* Those were the reasons which induced me to abandon all thoughts of accepting your offer to mix yourself up with my affairs ; and if they are not satisfactory to you, I can but regret it ; to me they ap- pear conclusive. I have now had ample time to reflect and to sift, in all its differ- ent bearings, the state of my affairs, which makes it expedient that I should most respectfully bring under your serious consideration • For five years I bad not seen this letter. Once I sent it to my father; but so strong were the principles contained in it impressed on my mind, that they will be found almost in the same words a* the letter which I wrote to my son. 80 APPENDIX (b). the errors which have crept into the family settlement, which was made between yourself and me, when I came of age, and that I should point out to you how seriously it will affect the future in- terest of my children, if it is allowed to remain in its present state. The settlement gives you, at my death, an absolute right in fee over my mother's and your own estates, by which clause you pos- sess the power of leaving the estate away from my children, should I die before you, a no very improbable event. When you inform yourself upon the nature of the different settlements under which these estates were originally taken by yourself and my mother, you will instantly perceive the error your lawyers fell into when the estates, upon my becoming of age, were resettled. This subject I have not mooted to you till now, because I was unwilling to urge any measure which could alter a settlement of your Lordship's property, until you ascended the peerage; as I know well the false colouring which election partizans give to all measures ; and, as I have been led to understand, all proceedings relative to property are more public in Ireland than elsewhere. Mr. Blake has long since informed himself on the subject. He is ready to communicate either directly with you, or any professional man you will appoint, with whom he will enter into the details con- nected with this matter. I have endeavoured, in selecting Mr. Blake, to give my confi- dence to a person I believe worthy of it ; and I have only to add, Lord Wellesley wrote me word he was one of the best and wisest men he ever met with. None but a professional man could explain all the bearings of the case. I preferred, for obvious reasons, using Blake in preference to an attorney. In urging the resettlement of your estates, you will perceive I solicit no diminution of your income, no loan of money which can diminish your income ; I ask for your serious consideration of a subject which, from error, has crept into a settlement. But I will not disguise the fullest extent of my intentions, which are, if I possess, which, in my conscience, I believe I have a right to pos- sess, as an act of justice to my children, the reversionary interest of these estates in fie, to them and to my wife to leave them; and I Vri'h\ DJ v (lJ - s I shall feel no scruple in bringing your estates to bear upon the heavy interest of the debt now charged upon Mrs. Wellesley's estates. Perhaps no man ever was in a more curious situation than that in which I now am, with regard to my hereditary property. I was reputed, not by myself (for I never have known, and I do not now know, the value, situation, or circumstances of your estates), but by a letter of yours and by your lawyers to Mrs. Wellesley's family, as having a large hereditary property settled upon me ; but it now appears to be only a collateral interest, subject to a contingency which may possibly alienate the property from my heirs. I am sorry to have troubled you so long ; the only excuse I can give, is the not possessing the power to compress in a smalle 1 ' compass the subjects I have deemed necessary to bring under your consideration. TO A. R. BLAKE, Esq. 10th July 1821. 1 have received a letter from Mr. Pole, announcing his as- sumption of the title of Baron Maryborough. In a letter in answer to his, I have opened to him my wishes with regard to the re-settle- ment of his landed property. I have acquainted my father you have informed yourself upon the subject, that you are prepared to communicate directly with him, or any professional person he may appoint, with whom you will enter into the necessary details. My first, main, object is, to secure to myself the power of giving the estates, after the life-possession of my father, absolutely to Mrs. Wellesley and my children. My second object is so to obtain a re-settlement of the property, as to bear upon the heavy interest of the debt now charged, during my life, upon my wife's estates. If Mr. Pole would join me in raising £100,000 upon his estates, this would be a direct mode of obtaining my object. You must now be so fully acquainted with all matters touching the settlement of his estates, that it does not become necessary, after all I have already written to you on the subject, to trouble you again with a repetition of a long letter touching my wishes. Pray let me beg of you to treat Mr. Pole with the utmost re- G 2 82 APPENDIX (BJ. spect, at the same time that you will urge, in the most forcible mariner, my resolution to have recourse, if necessary, to every re- sort to obtain the restitution of my just rights. As soon as you receive this letter, pray lose not a moment in placing yourself in communication with Mr. Pole. To Col. SHAWE. 13th August 1S21. I hope the surrender of my opinion to yours, in the letter to Lord Maryborough, will produce the effect you anticipate. You are aware I have not had a word from him on the subject of his re-settlement of his property. To A. R. BLAKE, Esq. 20th August 1821. The tenour of my letters to you on this subject is quite in unison with the wishes of Lord Maryborough ; for all I require is such a re-settlement of the property as will place beyond the pos- sibility of danger the security of his income. I must beg, therefore, you will, without delay, place yourself in communication with Mr. Cathrew, and enter immediately into the negotiation, by letting my father's own men of business point out the security he requires; and then having secured his life-in- terest, and full enjoyment of the income of his estate and my mother's jointure, to raise as large a sum of money, not exceeding £150,000, as you can, at 5 or 6 per cent., the payment of the interest being secured by a rent-charge upon my estates in pos- session. The £1,500 a year I desired him not to pay me; therefore there must be no discussion upon that subject, unless he requires it. If he should, you are authorised by me, to say I shall sur- render up my right to it, upon the re-settlement taking place. Nor is it necessary there should be any discussion whatever as to debts of his contracting for which I have joined him in security, except the ascertaining the amount of them. APPENDIX (h). 83 To Col. SHAWE. 16th September 1821. I have all along contended for my right to possess the fee simple of his (Lord Maryborough's) estate, he enjoying the life- interest in it; and, obtaining that point, I shall consider myself at full liberty to do as I please with it. If, by an act of mine, not injurious to my enjoyment of the fee simple of his estates, I can give additional security to my mother for her jointure, to whatever amount it may be, with which I am now wholly unacquainted ; to my sisters additional security for their jointures ; and, in short, I can more amply secure all the family charges, I assented to when I came of age, provided they do not deprive me of the power of disposal of the fee of my father and mother's estate, subject to these charges ; I shall be ready to do so : and this is all Lord Maryborough can or will I should imagine require. Of course I shall be prepared to give him a legal surrender of his annuity, if he requires it ; and still I will hold myself responsi- ble for the debt I have joined him of late years, of the amount of which also I am quite ignorant. To Col. SHAWE. 8th November 1821. The very best friends, and persons of the most excellent inten- tions, frequently differ in opinion, though they mutually respect each other's judgment. I fear it is my misfortune not to accord in opinion with you regarding the settlement of Lord Maryborough's property ; but I think I divine in your letters the semblance of a greater difference between us than exists in reality : from an amiable feeling of yours, in not desiring to excite any hostility towards my father, you do not express to me your full sentiments. I am now like the Austrian commanders-in-chief, in Napoleon's days, who took the field to fight no battles but under the direction of the Aulic Council. Those who, in critical situations, surrendered 84 APPENDIX (|$,. their own judgement to the superior wisdom of the Aulic Council got well threshed by little Nap. 1 shall not follow the Austrian general's principles, for though I will give my Aulic Council all proper praise, I will advance to fight my battles in opposition to its detailed opinion. Blake's letter, touching the re-settlement of my father's estate, conveys to me little information with which I was not formerly ac- quainted. First, the re-settlement of Mrs. Pole's estates. They were settled by Admiral Forbes upon all the younger children of her marriage with Mr. Pole, except on an elder son, which, I find, under my father's hand-writing, was a mistake of the lawyers, not the intention of Admiral Forbes; which, soon after his marriage, was by Admiral Forbes, Mr. and Mrs. Pole (before, I believe, I was bom) thought proper to be rectified. The case was submitted to Mr. Scott, the now Lord Eldon, then a barrister, who gave as his opinion that it would be better to be altered upon the younger child coming of age. Had my father, therefore, upon my coming of age, not taken the earliest opportunity of fulfilling the wishes of Admiral Forbes, and rectifying the error of a negligent lawyer, he would not have done his duty. But had he pursued a course different from that which he adopted, when I came of age, Lord Maryborough would not have consulted his own interest, It is not necessary to observe, if this arrangement was of greater advantage to me than to my sisters, nor does it signify quoad Lord Maryborough, which of us had the best of the bargain. Hence the point to be considered, if it was in favour of Lord Maryborough, or not ? This was advantage the first to Lord Maryborough. He got by the bargain ; he touched, to pay his debts, a sum stated to be in amount £ — which, by a statement of his own to me, was the amount of money he was obliged to save from his income to accumulate for junior children's portions. Having so applied this money to the liquidation of his own debts, he charged these augmented portions, which Hi was not to pay, upon estates ;' which porticos I am to pay when I come into possesion of the APPENDIX (b). 85 estates. Lord Maryborough was debarred from any application of Admiral Forbes's estates, but the division of them, between Lord Maryborough's children, other than an eldest son. He entered on the estates, but as a tenant for life, and, like most other things, they would have been of no use after his Lordship was under ground. But this settlement to me of those estates, when I came of age, facilitated the charge of £ the gross amount of his debt, and the £60,000 for my sister's and my mother's jointure ; for if I had been bereft of the Dublin estate, with what grace could he have sought to charge the Pole estates with £60,000 ? But giving me the interest he did in all his property, including How and Dean, an estate in Wilts, not yet brought upon the tapis, and Saville-Row-House, he made the family arrangement, when I came of age, look, to a casual observer, better than it really is. Bad enough would it have been had he given me, as I imagined he then had done, the fee simple of them, not reserving to himself the contingent remainder of survivorship. But, contrary as it is to every example, where estates, taken under similar limitations ever were settled, my wife's estates are settled upon her children : she possesses no reversionary right by which she can leave the estate from Bill Long's children ;* she has had no debts paid, and takes her estates under descent, not even from a collateral branch ; but Mr. Pole took his estate from a remote branch, hardly a relation : nor will such a benefit of survivorship be found to exist, I believe, in any settled estate in the world operating against the legitimate heir. Consider, I now ask not Lord Maryborough for any diminution of income, no loan of money — no sacrifice, I believe, of any in- terest. Beasts of the field generally like their kind, and human nature generally likes to requite in some degree, advantages heaped upon it. — £ debt paid is something — ten years re- spite from the payment of £1,500 per ami. is £15,000. And £ and £15,000 make — a little gift which, from the lord's justice, requires a requital, even to his exiled son. There are several other little £l,000's to be added to these insigni- ficant £ * The children of my eldest son. 86 APPENDIX (fi). My resolution is, to have the estates settled upon me as I have required — if Lord Maryborough continues to refuse me, to sue the Court of Chancery, if he refuses to give up to me my annuity and the arrears thereon. I shall not idly, in opposition to Mr. Blake's advice, enter into a legal dispute with Lord Maryborough. I cannot anticipate the possibility of my not suing with success for my <£] ,500 a-year, which he shall pay if I can make him. It is not necessary to add again the motives which induce ;me to seek the re-scttlement of this property, and to object to assent to his proposition of joining me in raising any sum I can upon his estates. The just and long sought for equitable right, I hope to obtain that which I then asked for, and was then readily accorded to me by Lord Maryborough's observation, " that he would do any thing to relieve me in any point which would not make his situation preca- rious or insecure :" and, secondly, because I feci confident in the existing state of my affairs, that any person, should I die, look- ing over my papers, would say I was both a fool and a rogue to leave in my father's power the contingency of dispossessing my children of their legitimate inheritance, or which ought to be so ; which he will have the power of doing, does he continue to enjoy the power he now holds. To A. K. BLAKE, Esq. 15th Nov. 1821. When I can be brought to believe I seek from Lord Maryborough the restitution of that which can affect his interest, or even comfort, or detract in the slightest degree from his respectability, I will cease to urge my claim. To A. K. BLAKE, Esq. 3d Dec. 1821. I have received a letter from Colonel Shawe, containing the fol- lowing paragraph : — " Your father thus obtains a power of depriving your children " of the estates, if he survived you; this power, injustice to vour APPENDIX (b). 87 h children, you require of him to abandon, and to this he does " not object. He agrees to re-convey this power by a deed, which " will secure to your children the inheritance of his estates, even if " yon should die before Aim." This I am willing to assent to. " But if you survive him, you will then have the power of selling " the estates in Ireland, if you prefer it." To this also I assent. — I must possess the power of leaving the estates, after my father's death, to such children as I may specify in my will, should I die before him. " He also agrees to your raising a sum of money fully equal " to the highest value of the estates in the present state of things, " provided you secure the payment of the interest of that sum " during his lifetime upon your English estates." To this also I assent. — I think it would be advisable able not to specify the amount of the sum; but to endeavour to obtain from Lord Maryborough the power to raise the full value of the estate — the interest of the loan charged upon my estates in possession during his life. This arrangement I assent to upon the understanding that the annuity is to be given up legally upon his joining me in the raising of £12,000 at six per cent. — my paying the interest of the same. In thus assenting to this arrangement, I do so in opposition to my own judgment, and in deference to Colonel Shawe's ; but having adopted his opinion, I shall not henceforward in my own mind ; and if the results should be that which I may contemplate, no regret will ever escape me. I beg you will now put this business in the course of arrangement as soon as possible. I have thus submitted the correspondence that took place relative to my father's affairs to the end of the year 1821. I then sought my father's aid, as one of my attornies to the power already alluded to. My motives for seeking this aid are explained by the following extracts from a letter to Colonel Shawe, dated the 29th September 1821 :— " If he has exacted fines from his tenantry, to the injury of his 88 APPENDIX (b). heirs, he has ; but if he has done so, considering my conduct towards him I had better be quietly made acquainted with his proceedings, than have them discovered by attornies and devils, who may not be inclined to act so delicately towards his reputation as I should be." I was desirous that the necessary inquiries and information re- specting the value and situation of his property should be given by himself; and pursuing the same system of punctilious delicacy to- wards Lord Maryborough which I had done all my life, I got him to act as my agent ; merely because, with the greater privacy, he might rectify the errors which I complain of in my letter of the date of the 9th July 1824. At this moment I am not aware of the amount of debt for which I am or have been security for Lord Maryborough. I have always tendered to him my signature, and I have never, that I can call to my recollection, even allowed my men of business to examine any legal instrument whatever in which I have joined him at his instigation. I have never called upon any one of my family, or upon Lord Mary- borough, to benefit me in any way, or to advance any one interest of mine in my life. I even now do not wish unnecessarily to pain Lord Maryborough ; 1 have limited my explanation to the extent alone which I deem it necessary : irrevocably to prove to your Lordship, that from the earliest period of my life to the latest moment, I have conducted myself, at least towards my father, in a manner which ought to command from him countenance and support. 89 APPENDIX (C.) The following Litters are from a Mr. Barry, who was the Executor to Lady Catherine Long's Will, and is now in the confidence and the Adviser of the Misses Long. — My Dear Miss Long, I hope you are all returned safe to Draycott House, where I was last night preparing myself to enjoy myself with you all ; but this morning I felt myself far from being well, although nothing alarming: that I must be mortified for the present; however hope, next week, sometime, that I shall not be sensible of any obstacle to my intended journey. In the mean time, I think you should write to Mr. Bullock, saying, that as all will be hurry when he comes down next month, and as it would yield you much satisfaction to know the state of your finances, previous to your taking possession, ■which you suppose you will be entitled to as soon as you arrive at the age of twenty-one years; therefore you desire he will give you' an account of what has been paid the Accountant-General for you, and in what funds it has been placed ; and also, as nearly as he can judge, the amount of the receipts at Michaelmas next, as you have many pecuniary concerns which require such information.— {It rests with yourself whether to add, that you may, perhaps, have occasion to consult a friend respecting them.) — As I would not write you a barren letter, I have hinted this letter to be wrote to 90 APPENDIX (c). Mr. Bullock, if it should meet your approbation, and that the papers you mentioned don't contain any such information ; surely you should have some knowledge of what you are to be possessed of, and when ; but of this I leave you to judge for yourself, after ob- serving, that, according to a kind of engagement you have made respecting the payment of a certain person's debts, I don't know how far it can extend, nor can you, without such information ; and it is natural to suppose the creditors will anxiously look for their being liquidated when you are put in possession of your property, although you have not committed yourself as to their payment. You have silenced me as to making any apology in future for my inter- ference; therefore, with our respectful compliments to your Mamma, and love to yourself and sisters, I remain, my dear Miss Long, Your sincere and affectionate Friend, JOHN BARRY. Beaufort Buildings, Sept. 14, 1810. My Dear Miss Long, Pro bono publico. A wise man once said, never is there any thing done, whilst there is any thing left undone. Mr. Arnold will receive your in- structions by this day's post. This far is done ; but to pay my debt to you is only now doing — Ah me ! and in what coin ? — But why ask me ? — Did not this morning, twenty summers now past, usher my dear friend into the world ! Nor would it satisfy my voracious- ness — an odd word — if I had words of congratulation sufficient to fill a volume upon the occasion ; but you, having a more moderate appetite, will be satisfied with the assurance that we are not among the least of your friends in rejoicing upon the occasion. A short time ago, I was ready to, and almost desirous of, taking my flight from this lower world into the hevenly regions ; but in order to see this day once more, to see my chere arnie take possession of the means, and to see her follow the natural bent of her mind in ap- APPENDIX (c). 91 plying those means, as well for the comfort of others as her own, I say, that, in order to be a spectator of these things, I shall be con- tented, if it is the will of Providence, to bear the events of another year, even if equal to this last as to corporeal sensations. However, to put an end to a subject which begins to be too serious, I shall beg leave to know what amends you will make for the irregularity which will be introduced into my house to-day ? It is now eleven o'clock only, and common decency has prevented my doxy from having re- course to the brandy bottle, which she is as fond of as yourself ; and as to the kitchen folks, I have them secure under lock and key until a proper time : but when the mistress and virgins begin, it will behove the master to keep himself sober, that should they, in their cups, set the house on fire, there may be somebody to put it out. I was thinking about some constables to keep order, but fear that when acquainted with the cause of their being summoned, viz. Lady C. T. Long's and her daughter's characters for generosity and hos- pitality being so well known, they will run restive also ; so that, upon the whole, I think it best that I don't transfer my authority, but keep the reins tight in hand. — Yes ! yes ! the reins — now what a fortunate word; and why? I'll tell you. The word reins, if not tiresome to you to hear it a third time, puts me in mind of a bridle ; thence, by a concatenation of ideas, springs up a saddle, and — wonderfully marvellous the fertility of my genius ! — hence is produced a noble creature called a horse. And now I seem to soar beyond this terraqueous globe for a still more sublime thought — Oli, I have it : and what then is it, may be ques- tioned ? Answer : I see you, even you, elegantly seated upon this said horse. Very well, Mr. Barry ; and why all this puzzling yourself, as lam sure you must have done, by this round-about way of wishing me a pleasant ride. I suppose, now, I must tell you, my dear Miss, that, however vain you may be in the imagination that you have unravelled my design, yet you have only done it in part, as I not only intended what your deep judgement has found out, as to my wishing you a pleasant airing, but, also, that I had a further motive, which, as a friend, I will let you into the secret of; and that was, as this letter was not to contain a word of advice more than the quotation from the wise man with which it commenced, 92 APPENDIX ((').■ to assist in filling up my paper ; so, if the secret is worth having* pray remember that you are in my debt for it. Again, let us return to the serious, that I may thank your mamma not only for the enter- tainment at her house, but likewise for the maintenance of us at our own ; as our servants, being ignorant of our return, were not pro- vided for us, so that our pair of nice young rabbits stood us in good stead. But this was only part of her kindness ; however, between you and me she is a very cruel woman, for over the servants-hall fire-place it is written, or used to be, I well remember, "that the merciful man is merciful to his beast;" now the same is meant for woman as well as man ; and I can prove your mamma to be very unmerciful, by loading her own horses, and afterwards Mrs. Lawes's, with so many good things for such undeserving creatures as we are ; however, as my old woman loves good eating as well as good drink- ing, we shall not make any further complaint. Now, according to my motto, I should say something for your sisters to hear : — oh, that I could say any good — and yet, it is very hard, with my strong in- clination to be censorious about them — that I cannot — no, not even invent anything reflecting upon them ; however, I will be as spite- ful as I can, by charging them with having risen so early, out of complaisance, before their appetites were ripe for the morning's meal of your uncle Andrews. I shall only notice that he is a good kind of man when he returns with a full budget of game, and when he joins in a laugh. As to yourself, I hereby make it known to all your auditors, that I think you are a provokingly pleasing young lady, at present ; and that in the course of time, with good instruc- tions, you will become more than tolerable. In the meantime, lest you should think me intolerable, 1 shall, with our united respects and love to all the parties mentioned, subscribe myself, My dear Miss Long, Your's truly, very truly, J. BARRY. Beaufort Buildings, October 2d, 1809. " Oh the blessed morn When the child was born." APPENDIX (c). 93 My Dear Miss Long, The contents of your packet have, also, much gratified me, as I have also your interest and happiness at heart ; but my gratification is chiefly on account of your comfort: therefore, I am very glad that your gentleman will condescend to take your money ; but as I told you in our last conversation, if we could peep into futurity, and if even, only for a few year 5 ;, could discover that your situation would not be changed, I would have advised an immediate discharge of such an idolater — for what else is the covetous man. However, let us retort, and make that convenience of him which he is bribed for; as, from so long a management of your property, without any re- straint, his advice, in many, many instances, it would be impolitic to neglect; and that of Mr. Mowbray's continuance is one wherein I am glad to see you are disposed to agree with, and the addition of sixty guineas is no object to you for a time, although your gentle- man would have made a better bargain for himself; your mention of not acquiescing in, or rather being led by him in all this recom- mendation, meets my full approbation ; therefore, if it is your wish that Mr. Ridpath should manage your Hampshire property, I will consult with him as to terms, and his necessary application to Mr. Bullock, for such information as may be expedient for him as manager and receiver. He does not mention Mr. Heath as to the Wiltshire property : this, therefore, rests on your nomination of him ; but it will be necessary that you should see Mr. Heath, and settle some terms with him, with explanations concerning it; such as Mr. Bullock's auditing his accounts, and his own salary ; but letting him understand that he is accountable only to you for every transaction respecting it, Mr. Bulkxk having only to examine his half-yearly accounts. I wish ever to keep in the back ground as to your concerns with others, as I want not to appear of the least con- sequence in them ; but this, my dear friend, not from cowardice — not for want of inclination to assist you — as, in such case, I should readily meet any person as in the open day, and as openly proclaim that I would act as your advocate, as your friend, although I have experienced its disagreeableness to the person who professes him- self such, and who, 1 am well convinced, therein considered me as 94 APPENDIX (c). an enemy to him ; and here I leave him to his own reflections. As to you, he has done his worst, and our letter gratified him ; no wonder! when all his proposals were acquiesced in, and he was complimented into the bargain ; and yet, however despicable his conduct, I don't regret it, as it contributes to save you, my dear Miss Long, much, very much, trouble, which it might have been necessary to repeat, perhaps, not long hence, although I hope not soon — you will understand me. And now I come to your mamma's concerns with this friend to the interest and happiness (I suppose) . Upon reading the copy of his letter to your mamma, before I came to the conclusion, my sentiments were the same as your mamma's, which I read afterwards ; the sooner, therefore, it is done the better : but who is to advance this thousand ? You, I conclude, unless your mamma should go to her hoard, or strong box. Joking apart, my opinion is that she should write to Mr. Bullock to call, or draw upon Messrs. Goslings for £1 ,000, and that you should give them, by the same post, notice of it ; and this I would advise to be done immediately, and before you see him, as such kind of business is best done by letter, and prevent shyness in all parties. I must repeat that it is for your peace sake I wish you to be upon good business terms with this man, as I believe him to be honest and upright ; this is all in future to you : if he becomes avaricious, the curse will be upon himself. It is right, however, as I have ever said and wrote, that you should have an opinion of your own ; but be not hasty, my lovely friend, in giving it — you are apt to be quick —it is constitutional, and my tender affection for you leads me to give you such truths as you may not receive, or, perhaps, bear from any other. In all cases, therefore, let your judgement first deter- mine ; be solitary for a few minutes ; and when that is fixed, and your words even adapted to the business, leave your closet, and shew the reasonableness of your determination ; thus you will avoid being over-ruled by your dependants, and establish that character which I ever wish you to possess (a lady of business) : such a character can never derive from your being a lady of address, of good manners, with many other etceteras. It is true, there may be those whose inability, or negligence, may cast reflections upon the vulgarity of it ; but the more conscientious, the more valuable part APPENDIX (c). 95 of society will ever applaud it. How officious, how intruding, do I appear to myself, in thus pressing subjects so distant from the neces- sary answers required to your letters — and now what excuse can I make for so doing ? — a very sufficient one to satisfy myself ; if not so to you, pray let me know, tiiz. that of having so affectionate a desire to see you, and so sincere a friendship, as to contribute towards making you perfection itself; but such not being ever granted to human beings, I shall rest upon my best wishes, and your own exertions, for every advance which can be made towards it. When you have determined about Mr. Ridpath, pray send me the Hampshire rent-roll. Last night I received your packet; this morning, before my breakfast, I began this; it is now past nine, and I have yet to give a sketch of a letter for Mr. B., which you will read first, as you will find therein the additional proof of your truly filial affection to an indulgent, although mistaken parent, which will ever enable you to reflect (when her place is no where to be found on earth) upon your endeavours for her comfort ; and which will, I hope, have this good effect (when the present guide of my pen becomes inanimate matter), that you will receive an ample return by the dutiful beha- viour of your own children: Heath can best tell Betsey's settle- ment, or she may procure it from her brother-in-law. Excuse any and every inconsistency in my letter, as I wished to be speedy, and send it early as possible. I am glad you are well ; we are very much so, to what we have been ; 1 mean Mrs. B. We unite, in wishing your mamma, self, and sisters, every comfort ; and should it be the will of Providence that we ever meet again, it Will be truly a day of rejoicing to me, who want words more expressive of my friendship and affectionate regard for you, than subscribing myself, my dear Miss Long, your very affectionate friend, JOHN BARRY. P. S. You are teased again by one poor man, and I am not pleased with another. He called here twice, but fortunately I was not at home ; I would excuse him if he acted from motives of friendship to you, but fear his complaints proceed from malice only to others. H 96 APPENDIX (c). My dear Miss Long, Your letter and the inclosures reached me yesterday, and truly I am sorry that you should be continually thus teased. Surely with a good fortune you are exceedingly unfortunate ; as, although you nave acted so nobly, yet none of the parties seem satisfied. But let not this occasion you uneasiness, as you are possessed of what is not to be found on every pathway, and that is a very, very sin- cere friend, who will be glad to hear from you, to write to you, to write for you, to come to you, be the distance what it may, if he is able ; in short, one who must have a fellow-feeling for you when in distress of any kind, and would most heartily contribute to its removal. As to the wish you have for my opinion at present, I shall first notice that letter from Harley-street, which has disap- pointed me very much upon the whole ; on reading the first page, I was indeed pleased with the affectionate and thankful acknowledge- ment of your great goodness ; and (on finishing the second,) I was much satisfied that there was not the remotest wish to be further drawing on your finances. Here a conclusion would have done credit to the writer ; but there was a third side to be read, which was such a monster, as to devour, at once, the two preceding ones ; and upon turning to the fourth, I perceived, with astonishment, the requesting permission to considt ivith Mr. Arnold upon the businesS4 Whose business ? Surely your dear cousin cannot be charged with a deficiency in courage, or to abound in modesty ; the former being proved by getting herself so deeply in debt, the latter by the bold- ness of the application made to you. Your name, she says, will do, and yet she does not understand business ; however, she has made a very successful guess, as your name would certainly insure a sum of fifty times the value ; but did not a friend once advise you never to lend your name ? nor has he any reason to deviate from that advice. There is a small monosyllable which some- times may be used to very great advantage, and it is actually neces- sary^ in our concerns with mankind, occasionally, as it is quite con- clusive, and saves its possessor from impertinent teasings ; I am always sorry when obliged to recommend the calling for this little gentleman's assistance, but in the present instance, he will be of APPENDIX (t). 97 essential service to you ; and, indeed, I think you will commit yourself very much if you set him aside. The arguments I made use of in favour of the party must convince you that I don't advise from prejudice against her; but can I be silent respecting you, when I see one, and more than one, endeavouring to make you a dupe to their extravagance ? I cannot, in such case, prevent myself from calling in that useful negative, no ; but I will suppose that your delicacy renders the application of it in this instance difficult: but why so ? Cannot the refusal be made by writing, that you must repeat your observations made in your last of the great demands you have had for ready money — the immense expense attending Wanstead House, with the alterations you are going to make there, {alluding to your taking down Mr. Curry's habitation) and at Dray- cott House ; also the continuance of applications daily from objects deserving compassion ; and, although last yet not least, the expenses attending yourself in board, carriage, and servants ; so that you are Very sorry you cannot further assist your dear cousin : and as to lend- ing your name, you had made a solemn promise, long ago, to a very particular friend, that you never would do so ; and in consequence of that promise, you have actually refused such a request. — (Lady S.) I mean not by the above to point out words to you ; it is meaning only ; for at words you are more ready than I am. I say no more than this: be resolute — be firm, respecting Mr. Arnold's letter; I will relieve you by writing to him. How could you think that I advised you not to pay off the annuities, when I had left money for that purpose ? I did recommend a continuance of the insurance, but I now think otherwise ; but as to the annuities, I shall only observe, that the redeeming them, which will cost only £3,500 (bearing an interest of .£175), has and would cost your mamma £500 per annum. The principal sum is at Gosling's, in Arnold's name, and for which I have his receipt ; and all that you will have further to advance, is what part of the annuities may become due* but this cannot be much. Your mamma is not much obliged by Mr. Arnold's desire of not paying off these annuities, which would occasion such a deduction from her income ; 1 have, above, pro- posed settling this business with him to save you trouble ; but should I appear officious herein, you will inform me. If you are silent h 2 98 APPENDIX (c). by Monday's post, I shall conclude that it meets your approbation. Having been confined to time, it remains only for me to congratu- late you all upon the general good state of health you enjoy, and to express the pleasure I feel at the favourable account of my dear Dora's nights ; to present our kind remembrance of your mamma ; to give our love to your sisters ; to accept the same fromMrs. B., and every regard she can possibly conceive from my dear friend's truly affectionate JOHN BARRY. Sunday morning (church time almost), a good day, may it not be a bad deed : but this letter should be destroyed. 99 APPENDIX (D) Correspondence between his Grace the Duke of Wellington and Mr. Wellesley. (COPY.) To His Grace the DUKE OF WELLINGTON. Hall Place, 16th March, 1827. My dear Duke, I feel very much obliged to you for the kind reception you gave me this morning. I enclose you the Lord Chancellor's judgment ; I also, with deep regret, enclose you my father's affidavit, connected with others. I am now placed in this heart-rending situation, that I must either, in the House of Lords, have the support of my family, or I must in some way answer Lord Maryborough's affidavit. For God's sake ! prevent my collision with my father, or any other branches of my family. I certainly did not expect that the Chancellor would have mixed my fami'y up in this melancholy affair as he has done ; but having done so, I leave it in your hands, fully convinced that you will see the propriety of my calling upon you to prevent further discussions which relate to me and my family. I will not risk again (as I have done in Chancery) in the House of Lords, the obtaining of the full and free possession of my children. I have always held the duties of a son towards his father to be so paramount, that I never can have the slightest hesitation to lay myself at his feet, and ask his pardon with all humility for any unintentional offence I may have given him. Pray bring this matter to a speedy conclusion between my father 100 APPENDIX (d). and myself, that I may be enabled before Easter to instruct my counsel. Believe me, my dear Duke, Most affectionately, (Signed) W. L. WELLESLEY. Copy in Answer to Mr. [Vellesleys Letter oj the \6th of March. London, March 17 th } 1827. My dear William, I have received your letter, and return the enclosures. I understood from you that you wouM enable me to state to your father that which should be calculated to reconcile his mind to you. Even that part of your letter which states that you can have no hesitation to ask his pardon is not positive ; nor is the intention conveyed in terms calculated to produce the effect which you state that you wish to produce. But when I advert to the first part of the letter I think it appears but too clearly that the intention to take this step in relation to your father, depends upon your " having the support of your family,'''' in your appeal to the House of Lords. If you have not this, it appears that ** you must in some way answer Lord Maryborough'' s Affidavit." I conclude that this answer must lead to fresh collision with your father ; and no man reason- ably expects your father, already offended with you, should forgive and forget all former causes of offence, leaving hanging over him the fresh causes of complaint which will be given to him by your answer. What the Chancellor said in delivering his judgment is very clear, " None of the family would suggest to the Chancellor that they thought Mr. Wellesley should have the care of his children." I positively refused to yourself to answer an affidavit containing such a suggestion ; and I am certain that if you are anxious that I should convey to your father your anxiety to be reconciled to him, you APPENDIX (d). 101 will do best to stale that anxiety in clear, distinct terms, and without reference to conditions. Believe me, ever Your's most affectionately, (Signed) WELLINGTON. (COPY.) To His Grace the DUKE OF WELLINGTON. Hall Place, 16th March, 1827. My dear Duke, In answer to your letter of this morning, I can but again express, in the most positive terms, my anxious desire to be re- conciled to my father, and to repeat that I have always held the duties of a son to a father to be so paramount, that I can never have the slightest hesitation in laying myself at his feet, and asking his pardon, with all humility, for any unintentional offence I may have given him. I implore of you to bring this reconciliation to bear between my father and me. I can assure you, I desire most sincerely to be reconciled to Lord Maryborough. Believe me, my dear Duke, Most affectionately, (Signed) W. L. WELLESLEY. Copy of the Duke of Wellington's Letter in Answer to Mr. Wellesleys of the \6th March 1827- London, March 21st, 1827. My dear William, It will really answer no good purpose, indeed it will do more harm than good, for me to approach your father upon the subject of his displeasure with you, with the general statement in my hands contained in your letters. 102 APPENDIX (d). I wish you would recall to your recollection all that has passed, and all that you have said against your father ; I believe frequently without thought. You told me that you had copies of every letter you had ever written, and I entreat you to revise your correspon- dence with your father, and see whether some of your letters were not of a nature to give him reasonable cause of offence. I assure you that I am ready to undertake 4 and forward your reconciliation with him, whenever you will enable me to do so, in a manner with which I shall be satisfied. Ever, my dear William, Your's most affectionately, (Signed) WELLINGTON. To His Grace the DUKE OF WELLINGTON. Hall Place, 2\st March, 1827. My dear Duke, I really am exceedingly obliged to you for the interest you have been so kind as to take in this business, which is so near my heart, and I should hold myself to be insensible, as well as wholly unworthy of it, did I not endeavour to facilitate the accomplishment of that which I verily believe to be both our wishes. As. to having said any thing against my father, if I ever did, it was, I allow, extremely culpable, and I should be ashamed of myself if I did not make a most humble apology ; but at the time I have been accused of the offence, I was confined to my bed and room for nine months by illness, and had no communication with any other persons than Mrs. Bligh and my medical attendants, and, God knows, I said nothing to them about my fadier. I have already stated all this to Lady Maryborough, and to others connected with my father and mother. Since the receipt of your letter of this morning, Mrs. Bligh has found the enclosed memorandum, or notes of a letter to my father. I do not know if it be an accurate copy or not of what I wrote to him ; it however must contain the substance of a letter, which I APPENDIX (d). 103 must have written to him from Dieppe. These notes were taken by Mrs. Bligh, and continued with her papers, therefore I was not aware of their existence. If this be the letter of which my father complains, I am sure I am most ready to express my deep regret at ever having written it, and my anxious hope that my father will accept my thorough con- trition, and extend to me his forgiveness. I hope you will see, my dear Duke, in this communication to you, my earnest desire that, through your kindness, a thorough reconciliation may be speedily effected, which I feel to be necessary for the welfare and happiness of all concerned in these transactions, and which I, in my conscience, believe, will lead to the future comfort of Lord Maryborough. Believe me, my dear Duke, Most affectionately, (Signed) W. L. WELLESLEY. Copy of a Letter to Lord Maryborough, dated the 22?id of January, 1825. Dieppe. Thus stands the facts. I told you, in London, at the Duke of Cumberland's apartments, I would not interfere with the manage- ment of my property during the continuation of the trust ; but be pleased to bring to your recollection, that this observation of mine (not solemn promise) grew out of your repeated assertions to me, after you had examined the state of my affairs, and seen my people of busness, that in two years they could not fail to be brought about, provided I lived abroad during that period of time upon 5000/. per annum. Upon that income I have lived, nor have I, during two years, interfered with the management of my affairs. In July, 1 824 , you arrived in Paris, by me most unexpectedly ; and not only unasked, but unknown to me, you had engaged your- self in my most unpleasant and delicate domestic concerns. Con- trary to my own judgment, I adopted your opinions, and I followed your counsels, upon the faith of your repeated assertions, that J04 APPENDIX (d). the unsettled state of my pecuniary affairs could not last after the 29th of September, 1824, so as to impede my going home, provided I followed, as I did, your opinion. Also at this time, at Paris, I executed unhesitatingly deeds, papers, &c. &c. upon this belief of my being enabled to go home on the 29th of September, 1824. These assertions were repeatedly reiterated by you to others, and by others to me. The entire of my conduct, since July last, has been governed by a full, free, and unbounded confidence in your word, repeatedly given, that, after the 29th of September, 1824, the power of my being a free agent in England could not be disputed. This is the 22d of January, 1 825 ; here I am, my affairs unsettled, and without the means of going to England. My surprise was certainly unbounded when I received, about the 8ih or 9th of October last, two papers, marked No. 1 and 2, pur- porting to be a statement of my affairs, but so inaccurately worded, and so vague as to general information, as to be even now, to my poor judgment, incomprehensible. If my surprise at the statement was great, my feeling at the memorandum which accompanied it was still more unpleasing — " that I must try the effect of time," &c. &c. Without one observation at having deceived yourself, and, conse- quently most fatally deceived me, as to the period of time I might have returned to England, for the purpose, by myself, of settling those domestic concerns, which are of far more importance to me than my pecuniary interests. Then it was I sent for Mr. Gibbs ; I gave him the list of annuitants who had signed the arrangement proposed to them. He expressed his satisfaction at its equity, and he distinctly stated to me his belief that all the annuitants had not signed, because they had not been properly applied to. He said he might require information upon some points of detail. But I being blind, and as unwell as a man could be alive, dictated to him that letter, at which you have chosen to take so much offence. I have, in silence, with the greatest forbearance, with the utmost degree of confidence that one man can place in another, risked my hopes and faith for months in you ; and in return for this, my pro- priety of conduct, you adopt towards me a mode of communication which no man of character and self-estimation can allow to be used towards him. APPENDIX (d). 105 You must excuse my adding your communications to me are of a nature to assume, that / have placed myself under the most unbounded obligations to you ; now, if I am willing to admit my obligations to you, I must observe, in justice to myself, as far as obligations can be reciprocal between a father and son, they are so between you and me, with the balance of advantage of real and substantial still standing on your side, as I wish to remain. After all the disappointments which I have met with, and after all the communications and conduct which you have deemed it ex- pedient to adopt towards me since our last interview, my resolution is, to relieve you from that burthen you complain of, and to request you will give up the trust you are engaged in. I could enter into much detail upon various subjects which might belong to my present communication, but as I am resolved from this date, never with my free will to seek the benefit of your experience and abilities in my affairs, I will not unnecessarily occupy your time. It will save time if you will be good enough to state to Mr. Yerbury your having given up the trust. Copy of the Duke of Wellington's Answer to Mr. Wellesleys Letter of the 21^ March 1827. London, March 24*/t, 1827. My dear William, Your letter followed me to Windsor and back, and I received it yesterday. Since T received it, I have had reason to believe that you are still thinking and talking of making " disclosures," in case your reconciliation with your father should not be effected. As long as you hold this language, you are deceiving yourself in thinking that you entertain a sincere or serious wish to be recon- ciled to your father. In.expressing such a wish you are led away by the feelings of the moment ; you would act upon a different feeling in the following week if the occasion should offer ; and even if the reconciliation should have been effected, the heat between you and your father would revive, and would be more inveterate than ever. 106 APPENDIX (D). I really don't know what you can have to disclose about your lather ; and my firm conviction is that you have taken an erroneous view of your father's conduct towards you, as you have of other matters. But if your father's conduct towards you had not been kind, affectionate, and meritorious in every point of view, as I believe it has been, I could not recommend to him to be recon- ciled to you while I should know that you hold out to others threats of making " disclosures" unless such reconciliation should take place. I entreat you to consider this subject maturely. If you are in earnest, let me have a clear, distinct disclaimer of these threats, and all ground for them ; and I will then go to your father, and do every thing in my power to prevail upon him to be reconciled to you. Ever, my dear William, Yours most affectionately, (Signed) WELLINGTON. To His Grace the DUKE OF WELLINGTON. Hall Place, 25th March, 1827. My dear Duke, I have never intended, nor have I held out any threat respect- ing Lord Maryborough ; I wish most sincerely to be reconciled to my father ; therefore, pray go to him as you have promised, and attempt the reconciliation which I so sincerely wish. Believe me, my dear Duke, Most affectionately yours, (Signed) W. L. W. To the Duke of Wellington. APPENDIX (d). 107 Copy of the Duke of JFeI!i/igto?i , s Afiswer to Mr. Wellcslefs Letter of the 9.5th March, 1827. London, March 26th, 1827. My dear William, On the 24th I wrote you as follows ; " If you are in earnest let me have a clear distinct disclaimer of these threats and of all S rounds for them ; and I will then go to your father, and do every thing in my power to prevail upon him to be reconciled to you." In answer you tell me, " I have never intended, ncr have I held out any threat respecting Lord Maryborough. I wish most sincerely to be reconciled to my father, therefore, pray go to him as you have promised, and attempt the reconciliation I so sincerely wish." Is this a disclaimer of " these threats and of all grounds for them ?" Upon what ground then can you claim the performance of the promise which my letter contains ? But I will go further, and tell you, that since I wrote ray letter to you on Saturday the 24th, I have seen a letter from you to another person, in which you distinctly state that unless this reconciliation is effected, discussions of the most unpleasant nature must take place between you and your father. This is exactly the temper of mind which I have endeavoured to describe in my letter of the 24th. As long as it exists, there can be no solid or permanent reconciliation with your father. I should act unfairly by both parties, and particularly by your father, if I were to attempt it. Believe me, ever Your's most affectionately, WELLINGTON. To His Grace the DUKE OF WELLINGTON. Hall Place, 26th March 1827. My dear Duke, If you will be good enough to refer to my original conversa- tion with you, and all my letters, you will not discover the scintilla 108 APPENDIX (d). of an expression which can hear the construction that I wished to hold out a threat to Lord Maryborough. I stated the consequences of my going into the House of Lords, urging my suit for the restitution of my parental rights, being at variance with my father, as being calculated to produce, as they must do, most painful, and, I fear, most scandalous expositions of family secrets ; this is no threat ! it is a consequence which I apprehend, which it is my duty to point out to my family, as one which will occur, unless a reconciliation takes place between my father and myself. I really feel that I have acted in this correspondence with your Grace with all truth and good feeling towards my parents ; I have done my duty ; and if all hopes of a reconciliation are at an end, I shall feel myself at full liberty to use every possible means to explain and justify my conduct. I enclose you an extract of, I presume, the letter you allude to ; one 1 wrote to Colonel Shawe ; it was not worded as you quote it. Most affectionately yours, (Signed) W.L. WELLESLEY. To His Grace the Duke of Wellington. Copy of the Duke of Wellingtons Answer to Mr. Wellesley's Letter of the <26th March, 1827. London, March 31st, 1827. My dear William, I have been at the Lodge at Windsor, and otherwise much occupied, which has prevented me from answering your note of the 26th. There is no use in taking up your time and mine by the definition of a threat. You think that there exist family secrets as between your father and myself ; and you point these out to your family; and you state these disclosures as the consequence which must ensue, unless APPENDIX (D). 109 a reconciliation takes place between your father and yourself. Then you say, this is no threat ! ! Now, what I say is this — that as long as these supposed family secrets exist, there can be no solid reconciliation. I conclude that nothing will prevent your appeal to the. House of Lords from the decision in Chancery. In prosecuting this appeal the family secrets must come out equally, whether there should be a reconciliation or not. Even if I could believe, then, that these secrets relate to facts, upon which you have reason to complain of your father, or your family, which I do not, as I firmly believe that you are mistaken and misled, I could not advise your father to be reconciled to you with the certainty to my own conviction that the quarrel must break out afresh, and must be more deeply rooted than ever. You had much better clear up the supposed ground of complaint, in other words the family secrets, before you commence the reconciliation. As you are yourself convinced that you have no reason to complain of your father, or in other words, have forgiven him, there will be no difficulty, I doubt, but in reconciling him to you. Believe me, ever Your's most affectionately, WELLINGTON. P.S. When I wrote to you last, I had not before me the letter to which I referred. But there is no material difference between the terms used by me, and those which you used. To His Grace the DUKE OF WELLINGTON. London, April 2d, 1827. My Dear Duke, I perfectly agree with you that there is no use in taking up your time and mine in the definition of a threat ; my object, which I hoped I had sufficiently explained, was this — that I was most anxious to be reconciled to my father, has been sufficiently proved to you by the letters that have passed between us : that reconcilia- tion would, of necessity, have closed the door against any disclo- 110 APPENDIX (D). sure of family secrets, because they would have been unnecessary* for the House of Lords would have had one great and most heavy charge in my estimation — and the Chancellor's — removed from their consideration, the main charge upon which the discussion was founded in the Court of Chancery — the neutrality, or the aban- donment of me, by my family. That charge I could neither meet nor remove in the Chancery proceedings, because I could not anticipate the manner in which it could bear upon the mind or judgment of the Chancellor ; a reconciliation with my father would have put an end to that neutrality, and hence the necessity no longer existing, it would have been wholly unnecessary for me to have alluded to it. But if every effort to produce that reconciliation be fruitless — if my anxiety to effect it is to be frustrated by definitions and dis- cussions upon phrases — if Col. Shawe, inster.d of taking the straight forward course, of presenting my letter to my father, deemed it necessaiy to secure your Grace's previous permission, which permission he could not obtain ; if, I say, my family, as I begin to fear, do not desire a reconciliation, I must then proceed to the Appeal under theunremoved disadvantage of my family's continued neutrality or abandonment. What task is, of necessity, imposed upon me ? What duty am I imperatively called upon to perform ? Your Grace's sagacity will anticipate the answer. I must, and I will, shew, that the ground upon which my family take their stand, is untenable ; that I do not deserve their dereliction, and that their conduct is unjustifiable ; this I am bound, in self-defence, to prove ; I feel I can do so, not by assertions, but by written evidence and documents. This may, or may not be called a threat, but it is in the inevitable nature and essence of these proceedings — as well might the accusation be brought against a man, who, having received notice of an action against him in a court of law, should declare, or threaten (as you term it), that he would prove by witnesses and documents that the action could not be maintained. Thus then stands the fact : a reconciliation with my family re- moves from the case, or my Appeal to the Lords, the main-ground that was taken in Chancery by Lord Eldon, but which was not taken APPENDIX (d). Ill [and, indeed, privately almost promised to me by Lord Eldon, that it would not be taken) till the final judgment was pronounced, could not have been be at down or even answered by me : a refusal on their part of all reconciliation, leaves me only the choice of one of two courses ; first, to shew that 1 have not deserved to be so aban- doned ; or, secondly, by abstaining from all notice of the charge, to allow it to be inferred that it is well founded. Now this I cannot, and I loill not do ; I oive it to myself, and indeed to my family, who ought not, from what they ought to know of me, to luisli, or to expect of me to allow myself by any act of theirs or mine, to be considered as unworthy of being allied to them. Your Grace will, of course, conclude, that nothing can prevent my appeal to the House of Lords from the decision in Chancery : because I think that decision unjust, and because I will not suffer my children to charge me hereafter with having had so little affec- tion for them as to have neglected any moans of restoring them to my paternal guardianship and care; besides, the Chancellor himself has most earnestly recommended the appeal. I am compelled to be prolix, because as it will, in all proba- bility, be the last communication I may have the honour to make to your Grace, I am determined to leave nothing to doubt, or con- jecture, but to place my wishes and intentions in the clearest and strongest light. I lament that my father and myself have not had justice done us, and are withheld from having an interview by letter, or in person, which might have softened animosities, and probably have removed much of all that misrepresentation and misconception under which he appears to labour. Pardon me, if here (after having smothered many) I indulge in one feeling. Is it not strange that 1 alone should be held up to popular odium, and be denied the common rights that belong to me as a father and as a son, whilst I feel and know myself to be as moral a man as any of the members of my family, who, if not arrayed against me, remain silent and unconcerned spectators ? When I waited upon your Grace at Apsley House, I wished to ascertain whether that which Lord Fitzroy Somerset stated to Lord Auckland was true — that you had, or would, accept of the guardian- i 112 APPENDIX (D y . ship of my children at the request of the Misses Long ? Your denial to me at Apsley House of your having had any communication with the ladies (as you termed them), excepting that which you made me acquainted with at Calais, of course led me to believe that Lord Fitzroy Somerset had stated that for which he had no authority ; but a similar rumour having again been mentioned to me, I must ask the favour of you to inform me if you have any intention of permitting the Misses Long, or any one else, to name you as the guardian of these children, or in any way to impede or to affect any appoint- ment of any guardian I may deem it expedient to name ? I now take leave of your Grace with deep and bitter sorrow, lamenting that no reconciliation has been effected between my father and myself ; for, if there had been, all family disclosures might have been avoided, and if I am ultimately to be visited by so heavy and unmerited an affliction as to have my parental rights limited in their exercise, I might, as I before told you, have given to my children their next natural protector to myself. But as it is, my father not being reconciled to me, cannot be their guardian, and disclosures must be had recourse to, and God knows much against my desire. Believe me, my dear Duke, Your's affectionately, (Signed) W. L. WELLESLEY. No answer to the above. To His Grace the DUKE OF WELLINGTON. London, I2tk April, 1827. Mv dear Duke, It becomes absolutely necessary that I should request the favour of you, without delay, to be so obliging as to answer the following paragraph of my letter to your Grace of the 2nd inst. " When I waited upon your Grace at Apsley House, I wished to " ascertain whether that which Lord Fitzroy Somerset stated to M Lord Auckland was true, that you had, or that you would accept of f the guardianship of ray children at the request of the Misses Long > APPENDIX (d). 113 " Your denial to me, at Apsley House, of your having had any com- " munication with the ladies (as you termed them), excepting that " with which you made me acquainted at Calais, of course led me '* to believe that Lord Fitzroy Somerset had stated that for which he " had no authority ; but a similar rumour having again been men- " tioned to me, I must ask the favour of you to inform me if you " have any intention of permitting the Misses Long, or any one else, " to name you as the guardian of these children, or in any way to " impede or to affect any appointment of any guardian I may *' deem it expedient to name ?" Most affectionately your's, W. L. WELLESLEY. No Answer to the above. To His Grace the DUKE OF WELLINGTON. London, \7th April, 1827. My dear Duke, I have learnt this moment from Sir Philip Roche, with great regret, that you have taken offence at my last letter but one to you. I am sure, upon reflection, you will be convinced I never could have wished to give you offence: for, in fact, nothing could be further, of course, from my intentions. I hope this will be satis- factory to you upon this point. My object is to obtain an interview with my father, for I have now seen enough of this melancholy business, to be convinced that it is all bottomed upon misconception and mistatements, which I confidently trust a personal interview, either in the presence of a third person, or alone with my father, will remove. I therefore earnestly entreat you to make an application to this effect from me to my father in terms the most respectful and affectionate. Believe me, my dear Duke, Your's affectionately, W. L. WELLESLEY; No Answer to the above Letter. i 2 114 APPENDIX (d). To His Grace the DUKE OF WELLINGTON. Hall Place, May 4, 1827. Mv dear Duke, By a communication I received from my solicitor last night, I find that a proposal has absolutely been carried in before the Master in Chancery, by which your Grace and Colonel Windsor are to have the care and education of my boys, and the Misses Long that of my girl, with the maintenance to be paid to your Grace of £1,200 per annum, and to the Misses Long £ 500 per annum; and in this, their proposal is stated to be the plan for their educa- tion, with the consent and sanction of your Grace ; and that you have agreed, at the instigation of the Misses Long, to take upon yourself this appointment. After what has passed between your Grace and me, I of course cannot bring myself to believe this to be true ; I therefore once more entreat of your Grace to give me upon this subject that infor- mation which I have so frequently sought for, in order that I may regulate my conduct. I am, &c. &c. W. L. WELLESLEY. Note. — When I received intimation of the intention of the Misses Long, I applied, as my letters shew, to Lord and Lady Maryborough to become the guardians of my children, to "prevent family disclosures." My honour, and my duty towards my chil- dren make it necessary that I should oppose the nomination of the Duke of Wellington and the Misses Long to be their guardians, or in any way to interfere with their education, with my assent. I pray to God that I may not be driven to close this tragedy, by declaring upon oath, that which will satisfy all mankind, that my objections to the wishes of the Misses Long, are founded upon reasons, the validity of which no parent dare dispute ! APPENDIX (d). 115 Extract of a Letter to Colonel Shawe, dated March 22, 1827. My dear Shawe, With regard to the prosecuting of my suit for the purpose of reversing the abominable decree of the Lord Chancellor, I shall continue to do so under the advice of Mr. Brougham. I feel the deepest anxiety to be reconciled to my father and mother ; and if you have any regard for my family, it is your duty to attempt such a reconciliation as will enable me to stop the unhappy discussions which must take place if I go into the House of Lords at variance with my father. Your's truly, W. L. WELLESLEY. To COLONEL SHAWE. Hall Place, March 29th, 1827. My dear Shawe, I must request the favour of you to make the following application to Lord Maryborough. I very respectfully implore my father and mother to allow me to have an interview with them, where, and in the presence of whom they please. Your's truly, W. L. WELLESLEY. To COLONEL SHAWE. Hall Place, April 5th, 1827. My dear Shawe, I feel it necessary to repeat again and again, both to the Duke of Wellington and yourself, that I hold myself bound to use ■ every effort in my power to effect the restoration of my children, and a reconciliation with my father. Your's truly, W. L. WELLESLEY, 116 APPENDIX (d). To LADY MARYBOROUGH. Hall Place, April 29th, 1827. My dear Mother, I implore, I beg of you on my knees to see me. I am most anxious to have an interview with you and my father, to request you will both do me the favour to accept the guardianship of my children. I implore and btg of you to see me, and to take me out of the cruel situation in which I am now placed. Any apology or concession you may wish me to make to my father, I am ready to comply with ; and believe me, I have never hesitated to ask his forgiveness in the most humble and affectionate manner. Your's, affectionately, W. L. W. To Major-General SIR COLIN CAMPBELL. Hall Place, May 3d, 1827. My dear Campbell, Many thanks for the interest you take in this distressing family matter. My anxious desire is, and long has been, to be reconciled to my father ; a full and unqualified reconciliation, if he so pleases, by which every thing that has passed shall be buried in oblivion — for this object I am ready to make to him any apology, and to make any concession that a son, under such circumstances, may be called upon tc make to a father. My next desire is, that my father should consent that he and my mother should be proposed by me, pro tempore, to take the care and education of all my children, upon such a plan as shall be approved by them and the Master of Chancery. If my father should think it more prudent or desirable that our intercourse should be limited (which, however, I should regret), I am willing it should be regulated in any manner, and to any extent he may think proper. APPENDIX (D). 117 My anxiety is to be again reconciled to my family, and for this I am willing to make any sacrifices consistent with my honour and rectitude, and I feel satisfied no more will be required of me. Your's, truly, W. L. W. %* These letters produced no effect — excepting an interview with my mother, in which she conveyed to me my father's resolu- tion not to be reconciled to me. Where is the human being who will deny that I am not called upon to shew that I do not merit Lord Maryborough's conduct to me ? I wish to go no further than I have done, in demonstrating that I have, at all times, performed with exactitude, with service to my father, my duties as a son. Letter to the Counsel— Messrs. Hart, Heald, and Beames. Calais, December 1st, 1825. Gentlemen, I have directed my solicitor, Mr. Griffiths, to deliver this sealed letter to you, called together in consultation. In thus addressing you, I may not be following the practice con- sidered to be most regular by your profession. I feel my honour and character is at stake, owing to my solicitor having used his discretion, where he ought to have exer- cised none. I am satisfied I am addressing gentlemen of rank and reputation in their profession, who will feel for the situation in which I am placed, by having been allowed to remain, against my will, one hour, the passive victim of the basest perjuries. I beg your joint attention to the enclosed letter to the Duke of Wellington, as well as the copy of his Grace's letter to Miss Long. I will not allow, for the reasons therein stated to his Grace, any one of my family to become the guardian of my children; ana if 118 APPENDIX (u). an attempt be made to constitute any one of them a guardian, or more of them guardians, I request the favour of you " totidem verbis'" to read my letter to the Duke in Court. I must require your consideration in council of every note, scrap, and bit of paper, which I have written and forwarded to Mr. Griffiths, touching my answers to the affidavit and petition of Miss Long, to the affidavits of Dr. Bulkeley, John Meara, and Henry Bicknell. I request of you to consider ot the very best mode in which these answers, in a technical shape, can be placed ; in order to come before the Lord Chancellor in such a manner as to render (as the matter of my answers are calculated to do) my refutation of the allegations contained in the affidavits, complete. I have to require also, that you direct Mr. Griffiths to lay before you all the letters I have written to him from the 1 Oth of last month to the 28th inclusive ; and upon such parts of these letters as con- cern my wishes with regard to the publicity of my refutation of the matter contained in the affidavits, you advise upon, and give your opinion in writing. I have then to request, you will give your consideration to all my correspondence with Dr. Gladstone ; to all my correspondence with Dr. Lushington ; and all other such correspondence as is in his keeping, relative to my connection with Mrs. Bligh ; my conduct towards Mrs. Wellesley ; with regard to my children ; my corres- pondence with Mrs. Wellesley upon this, subject ; and that parti- cular correspondence, which sets forth, beyond the possibility of doubt, my having endeavoured to impede, and not to excite, her INTIMATE FRIENDSHIP WITH MRS. BlIGH^ Dr. Lushington possesses copies of Mrs. Wellesrey*s correspond- ence with Mrs. Bligh's mother — which was conducted unknown and unauthorized by me, and which takes away all the virulence, indeed I may say infamy, which is attempted upon this question, insiduously to be heaped upon me. You will perceive, in my correspondence with Mr. Griffiths, what are my wishes' respecting Sir Colin Campbell's acting in the nature of a guardian to my boys. You will also be made ac- quainted with my wishes with regard to my girl. APPENDIX (dJ. 119 These wishes are so reasonable, so just, are founded upon such true parental affection, that I desire them all to be published ; and to let my character stand or fall by the decision, publicly given, and equally publicly discussed before the Lord Chancellor in Court. I never will submit to the Court any other proposition ; and I never will submit to this proposition being made in private. My positive orders to you, Gentlemen, are, to make this propo- sition in the most public manner, that the forms of your profession will allow. I hope you will excuse the further great liberty I am about to take with you. First, I have to request, that you consult freely upon all the various points which I have brought under your con- sideration, as frequently as you may deem it expedient. Secondly, Using thus freely, as I desire to do, your great ta- lents, you will excuse my expressing to you my desire to give you the readiest and fullest remuneration for your valuable services. You must excuse the frankness with which I have addressed you. I beseech you to bring the matters which now oppress me, and which I intrust to your united care, to set forth in the light of naked truth, by a public exposure of the real infamy with which I am assailed. The Christmas holidays must not intervene before my public answers are given to the affidavits filed against me, and until a public decision is come to with regard to the custody of my children. I request from yourselves as short an answer as you please, but from yourselves an answer to this letter. Copy of a Letter from the Duke of Wellington to Mr. Wellesley. Stratfield Saye, Nov. 25th, 1825. My dear William, I have received a letter from Miss Long, desiring that I should allow myself to be appointed, by the Court of Chancery the guardian of your children. 120 APPENDIX (d). I enclose the copy of my answer to Miss Long's letter. You will easily comprehend the reason for which I have declined to have the understanding with Miss Long therein stated. I have been no party to the discussions on the subject to which it relates ; and I desire to avoid to become a party to such discus- sions ; because they must be personal to yourself. But I don't think I should do that which is fair by your children, or by their mother's family, if I were to decline to undertake the charge proposed to me under the Chancellor's appointment. Believe me, ever your's affectionately, WELLINGTON. Copy of his Grace the Duke of Wellingtons Letter to Miss Long, enclosed in Letter of December 1, 1825. Stratfield-Saye, Nov. 25th, 1825. My dear Madam, I have to apologize for the delay in answering your letter of the 22d, but I wished to have an opportunity of considering the proposition which you made to me. I feel the most anxious desire to be of service to those whom your lamented sister has left behind her, and to do every thing in my power to render them fit to fill the great station in their country, which, in due time, they are destined to fill. The question respecting the care of these children origin- ated in the life-time of your lamented sister, between her and Mr. Long Wellesley ; and I understand that the Lord Chancellor has decided, that till Mr. L. Wellesley shall return to England, and shall in England claim the care of his children, a guardian shall be appointed by the Court of Chancery to take charge of them. I have no objection to undertake that charge under such appoint- ment ; but I beg that it may be understood, that as I had nothing to do with the Lord Chancellor's recent decision, I may be ex- cused from interfering in, or even having any knowledge of any APPENDIX (d\ 121 future proceedings which it may be thought necessary to adopt upon the same subject. I am certain you will appreciate justly this motive for my desiring to come to this understanding with you, and that you will see that the future welfare of the children may be materially influenced by it. In every other matter I shall, to the best of my judgement, perform my duty by those whose interest and welfare you are pleased to confide to my care. If my acceptance of this charge, on the condition above specified, should be satisfactory to you, I will take the earliest opportunity of waiting upon you to confer with you on the measures to be adopted respecting the children. (Signed) WELLINGTON. Copy of Mr. We ties leys Reply to the Duke of Wei- I'mgton's Letter dated November 25. Calais, 1st December, 1825. My dear Duke, Your letter of the 25th ultimo I only received this day, with its enclosure. This enclosure has indeed distressed me much. You cannot be aware either of the Misses Longs' affidavits or petition, or the affidavits of others filed against me under their sanction in the Court of Chancery. If you have seen these papers, and could doubt even, as to their being falsehoods, you would be bound never to hold any further communication with so infamous a person, as I am therein stated to be. If you do not believe these papers to set forth truth, it is impossible you can do me but the grossest injustice, if you hold any communication with the persons who have' been in any way a party to them. 122 APPENDIX (d). Your Grace's letter to the Misses Long, enclosed to me, is in my judgment, a direct sanction of their conduct towards me. You must be aware that I have sought your assistance, repeatedly, antecedent and since my wife's death, to bring to a conclusion the unfortunate misunderstanding existing between my father and my- self; which has no reference to my wife or to my children. My father is the natural person to be appointed by me, to the guardian- ship of my children during MY absence abroad; but inconse- quence of your informing me, he would hold no communication with me, that became impossible. The petition of the Misses Long sets forth, that my family sanction their proceedings against me, which has been, and is, in the most offensive manner to arrest my parental authority being in any way exercised over my children, as well as to debar me from all intercourse with them. I, there- fore, decided that my family should not interfere with my conduct towards the Misses Long, or my children. Your Grace must bear in your recollection also, that you repeatedly expressed to me, that you would not interfere or be put into my affairs, in a way which could cause you to interfere with Lord Maryborough. You cannot become the guardian of my children, without mixing yourself up in my affairs ; you cannot be the guardian appointed by the Misses Long, without to the eyes of all mankind jus- tifying their unprecedented shameful conduct towards me. You are my uncle, and in no way connected with the Misses Long; I have a natural right, therefore to claim your support against the calumnies they have heaped upon me; not only them- selves, but excited others doing. You cannot do me this justice when you establish an intercourse with the Misses Long. I have appointed Sir C. Campbell to act, as the Lord Chancellor terms it, " in the nature of a guardian," during my absence abroad. Not, I apprehend, as a guardian, to wrest from me all authority and controul over my children, which was the desire of the Misses Long, and which has been expressed by their legal people in and out of Court. By this appointment of Sir C. Campbell, I avoid all the consequences above-mentioned, which could either be disagreeable APPENDIX (d). 123 to you, or give the false impression that my family did sanction the conduct of the Misses Long towards me. I have desired my boys to be immediately sent to Eton, under a proper tutor selected by Dr. Keats, not to be attended by the man who is at present with them.* You cannot, therefore, as a father, sanction the Misses Long usurping an authority which does not belong to them, by appoint- ing a guardian to my children, as they have done your Grace, without consulting me. If my father does not do me the favour to become the guardian of my children during my absence abroad, I will not allow any other branch of my family to have any controul whatever over my children or my affairs. Were I now to assent to your accepting of the guardianship offered to you, unknown to me, by the Misses Long, I immediately do that which would fully justify the assertion, that I acted un- becomingly towards my father, and did not hold him in that esti- mation which I, as his son, ought and wish to entertain towards him. I will never, therefore, justify by any act of mine, a proceeding which, in my judgment, causes him to descend from that natural position in which he stands, as the grandfather of children whom the Court of Chancery have thought proper to call upon the father (not the Misses Long) to recommend a person in the nature of a temporary guardian to be appointed over them. It is of such deep importance to my honour, and I am so reso- lutely determined that my will shall be obeyed with regard to my children, and that my motives shall be publicly known, for all the conduct I have adopted towards my family, my wife and my chil- dren, that your Grace will excuse my doing with this letter as I have done with others, viz. to send it to my counsel to be read in Court to the Lord Chancellor, if requisite. I enclose you a copy of a letter I have written to Dr. Gladstone. The only answer I have received to this application to the Misses * The plan sent in to the Master, under the direct sanction of the Duke of Wellington, is, that this man, Mr. Pittman, should accompany my boys to Eton. The man who swears against the father— that father declaring, upon •ath, the tutor to have sworn falsely ! ! 124 APPENDIX (D). Long, and many others, is a refusal on their part to hold any com- munication with me, and the setting my parental authority at defiance. I do not write in haste, or without due consideration ; my reso- lution is irretrievably fixed to allow no private discussion, and to admit of no compromise of my rights as a father over my children. Believe me, dear Duke, Most affectionately your's, (Signed) W. L. W. After the perusal of this correspondence, do I say too much, when I accuse the Duke of Wellington of dissimulation ? To His Grace the DUKE OF WELLINGTON. Lincoln'' s Inn, October \9th, 1826. My Lord, The prospect of a reconciliation being effected between Mr. Long Wellesley and his father appeared to me of so much moment, that I made an immediate communication to him of the conversa- tion I had held with your Grace on that subject, and he has autho- rized me to inform you, that he is willing on his part to put himself wholly in your Grace's hands, and to write to Lord Maryborough any letter your Grace may think ought to proceed from a son, under such circumstances, to a father. At the same time, he directs me to say, that he wishes for no other intermediary than your Grace ; and that if you are disposed to see him, he will be happy to wait upon your Grace at any time you will fix. I have only to add, that my desire would be that this delicate matter should rest wholly with your Grace ; but if any co-operation of mine should be found requisite, I shall be at all times most happy to give it. I have the honour to be, Your Grace's obliged and faithful servant, (Signed) JOHN A. POWELL. APPENDIX (d). 125 To JOHN A. POWELL, ESQ. London, October 19M, 1826. Dear Sir, I have received your note, and I must say that however desirous I may be of effecting the object which you have in view, it is very difficult, if not impossible, for me to suggest any mode of proceeding calculated to be successful. I must take some time to make inquiry, and you shall hear from me again as soon as I can come to any satisfactory result. I have the honour to be Your most obedient and faithful servant, WELLINGTON. To His Grace the DUKE OF WELLINGTON. Lincoln's Inn, October 20th, 1826. My Lord, I have been favoured with your Grace's letter of yesterday's date, and shall refrain from again troubling you until I receive a further communication from you on the subject. In the mean time, it may not be unsatisfactory to your Grace to be put in possession of Mr. Long Wellesley's own wishes, in his own words ; I there- fore take the liberty of sending you a copy of a letter addressed to me by him last night upon the receipt of a copy of that which I wrote to your Grace yesterday. The original will be at your Grace's command at any time. I have the honour to be Your Grace's obliged and faithful servant, (Signed) JOHN A. POWELL. To JOHN A. POWELL, ESQ. October \Qth, 1826. My dear Sir, I approve entirely of your letter to the Duke of Wellington. All I can possibly desire to stipulate for is, that this reconciliation between Lord Maryborough and me should be brought to bear by 126 APPENDIX (D.) a leading member of my family. I wish upon this subject to put myself entirely in the hands of the Duke of Wellington. Your's faithfully, W. L. WELLESLEY. To JOHN A. POWELL, ESQ. London, October 20th, 1826. Dear Sir, I have received your note of this morning. I omitted in mine of yesterday afternoon to say, that of course I shall be glad to see Mr. Wellesley whenever he will call either at my house or the Ordnance Office. I am going out of town to-morrow, but I shall be back immediately. Your most faithful and obedient servant, WELLINGTON. To JOHN A. POWELL, ESQ. London, October 29th, 1826. Dear Sir, I have made an effort on the subject on which you spoke and wrote to me ; the result of which has convinced me, that, although it may be successful some time hence, it is best at present to say nothing more about the matter. You may rely upon it, however, that I feel too much interest on the subject, not to keep it in mind, and to avail myself of the earliest opportunity of producing so desirable a result. Ever, dear Sir, Your's most faithfully, WELLINGTON. To His Grace the DUKE OF WELLINGTON. 7, George-street, 30th October, 1 826. My Lord, I am very much concerned to learn the result of your Grace's first effort to effect the desirable object you had so kindly undertaken. APPENDIX (D.) 127 Having, however, every reliance on your Grace's intentions, I trust a more favourable opportunity will present itself, of which I feel persuaded you would avail yourself. I have the honour to be Your Grace's obliged and faithful Servant, (Signed) JOHN A. POWELL. I called at Apsley House several times ; I called at the Ordnance Office several times ; I left my address — but I was never fortunate enough to see his Grace. This correspondence has been thus irregularly added to these pages, as it only very recently came to hand. The letters were written for purposes which I had believed had long since gone by, and I was obliged in some instances, where I had no copies, to refer to persons to whom they had been addressed. The following letter was written in consequence of a most kind and voluntary offer upon the part of a truly honourable and respect- able individual, a relation of my father's family, to attempt a recon- ciliation between Lord Maryborough and myself. This gentleman's gratuitous efforts failed entirely. 28th June, 1827. My dear Sir, I feel deeply obliged to you for your kind offer. I do most anxiously, ardently, and devoutly desire a reconciliation with my father, upon any terms he pleases to dictate, no matter what they may be. There are a million of reasons why this reconciliation should take place ; and not the least important is this one, that I shall be spared the painful necessity of attempting so far to explain my conduct as to shew that I have performed, with exactitude, my duties as a son. I must do this from no desire to pain, or to incon- venience, or to render uneasy my father ; but for the purpose of a record for my son hereafter, to judge if my opinion be a just one, 128 APPENDIX (d). that my father has acted, and is acting towards me, from miscon- ception. In this reconciliation, if it is to be carried to the extent, either of my naming my father as the guardian of my children, or of my leaving that matter as it stands at present — for I have no desire to press the subject upon him, beyond the paying him the compli- ment of offering the appointment, if he chuses to take it — or I will receive Ms suggestion for any other guardian, excepting the Duke of Wellington, till my appeal becomes heard, for the appeal of the House of Lords must take place soon, I understand. As soon as my statement is printed, you shall receive a copy. If a reconciliation takes place with my father, I leave it entirely to you to put your pen through such parts of it as you think objection- able or affecting my father in any way, or to burn the whole, if you please. I believe this is the substance of our conversation ; of course, I shall expect to be consulted, and my wishes attended to with regard to the persons now with the children, and who are to be re- moved from their persons. I must also have no allusions or conditions to a certain lady. Your's faithfully, W. L. WELLESLEY. P. S. 1 write this in haste, but I thought it better to lose no time. Hotel de Londres, Friday. My dear Mother, I cannot express to you my astonishment at the note Mrs. Wellesley put into my hands from you this night : it is only ex- ceeded by the purpose for which you and Lord Maryborough are arrived, as it appears from what escaped Mrs. Wellesley to me. God knows, upon any other matter I should be too happy to fly to your arms; as it is, I will not see you upon this subject. I never will allow any one ; no, not my father and mother, to interfere between me and my wife. APPENDIX (D). 129 In order that you should have the freest intercourse with Mrs. Wel- lesley, I am going to Versailles, and shall not return until you and Lord Maryborough are willing to give me your words of honour that you will enter upon, with me, no subjects connected between Mrs. Wellesley and myself, excepting those which con- cern her property. Your's most affectionately, W. L. WELLESLEY. LETTER TO MR. SIDEBOTTOM. Hall Place, June 17 th, 1827. My dear Sir, I must request the favour of you to be so obliging as to an- swer the following questions : — 1st. If I caused a will (the one you saw Mrs. Wellesley write) to be prepared ? 2ndly. If I induced her to execute it ? 3rdly. If the same will was never read over to her ? 4thly. If, immediately after the will was executed, it was taken possession of by me, and remained in my possession until her decease ? Believe me, my dear Sir, Most faithfully, W. L. WELLESLEY. My dear Sir, In order that the questions and answers may go together, I answer your inquiries on the other half sheet. I shall be ready, at anytime, to answer the questions more fully, and on affidavit, if required. I remain, my dear Sir, Faithfuly your's, A. R. SIDEBOTTOM. 1 st. — I know nothing of any person that induced Mrs. Long Wellesley to make a will, for I never knew of her intentions to make one till she shewed her will to me ; and I understood from 130 APPENDIX (d). her that it was made by Messrs. Tennant and Harrison, of Gray's Inn. I was at Wanstead on business as your auditor, and she asked me to see that her will was right. I was left alone to read the will, and when she returned to the room, I told her that before I could answer her question as to the will being right, I must know her intentions, which she explained most clearly, and which were perfectly consistent with the will as prepared, I suggested some alterations, particularly that the £50,000 charged for your benefit on the Hants estate (I think), should be charged on all the estates subject to her power, as that (the Hants) estate, was already subject to a charge ; and I also suggested, as she wished to give every thing to you, that she should appoint the arrears of her pin money to you, as you were not appointed an executor. 2d. — Mrs. L. Wellesley requested me to see her execute the will, which I begged to decline, as she wished the alterations I had made to be adopted ; and as her will had been made by solicitors, who ought to attend the execution of it ; and lastly, as I was your auditor, and the will was in your favour. Her answer was, that she was very anxious to have the will executed without delay, " as something might happen, and she should feel uneasy." I could no longer refuse to see the will executed, and she said that the alterations might be made afterwards, and she could afterwards execute it as altered. Your 3d. question is completely answered by my answer to your first inquiry. 4th. — I took the will with me to London the day it was exe- cuted, in order to have the alterations made which I declined making myself; and the day after my return to London, I wrote to Messrs. Tennant and Harrison, desiring to see them on the subject of the proposed alterations. I never saw them on the subject; a coolness shortly after took place between you and myself, and the will was never out of my possession, from the day on which it was txecuted, until after Mrs. L. Wellesley"s death. I should add, that whilst I was perusing Mrs. L. W.'s will,, and during my conference with her, you were riding out, and that you returned as she was executing the will. UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below FormL-9-20,/. 8,'37 LOS ANGELES ITBD ... OH 788 Mornington - M82A1 Two 1 fitters. 1827 CT 788 M82A1 1827 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 001 152 909 6