Yale University Library \ 39002040236060 De porest, L. . i'j'iCJdrrespGndence bet'sveen Daniel Lor. a.i^d Lockwoofi De Forest... 18 M. / ) ^' iO YALE UNIVERSITY LIBRARY A CORRESPONDENCE BETWEEN, DANlEIi liORD, JR. ESQ,, L.OCK^VOOD DE FOREST ON THE SUBJECT OF A CONTROVERSY, BETWEEN THE LATTER AND HIS PARTNER REGARD ING THE STATE OF THEIR BOOKS, SY li. DE FO REST. 1834. PREFACE. The only apology for publishing this correspondence is to be found in its pages. It is now almost two years since a controversy arose between my partner and myself about llie state of our books, in conse quence of which he took them from me, and locked them up, thus forcibly deprivina; me of their possession and use. And from that time to the present, has constantly refused me any knowledge of them, or even of my own private accounts. This correspondence discloses the fact, tbat Mr. Lord has been his counsellor and advisor, in all his measures against me^ It also shows, to some extent, the course of conduct I have pursued under these circumstances; and the gresit, though un availing, efforts I have made, to convince both my partner and Mr. Lord, of the cerlain and grossly erroneous stale of our books. Mr. Lord having from first to last, not only taken sides against me, and afforded to my partner, his constant coun sel and advice; but having openly and unreservedly, not only expressed his own opinion against me, on all the points in dis pute, and unhesitatingly, and on all occasions, declared me to be wrong ; but also allowed my partner and other opponents, to quote his opinions and conduct, and to make use of his highly respectable name and character, to convince others that I was wrong, and my opponents all right — thereby not only making himself a party with iny partner against nie ; but in this way forestaling public sentiment in the case, and confirm ing that sentiment by all the weight of his own character and opinions. I therefore, in justice to myself, and on the principles of self defence, avail myself of the vohinlary statements, which Mr. Lord has made to me, of his own advice, counsel, opinions and conduct in the case, and now submit them, with my own re marks upon them, to the sameenlightened public, and leave that public to decide, who is right and who is wrong. L. DE FOREST, C(3£,'- ( i - f' CORRESPONDENCE. TUy De.\h Mrs. De Forest: I think it right to tell you how far I have advised Whee ler in the unhappy circumstances in which he is placed. I advised him not to bargain, to sell his own, or buy out his father's interest : for if it was a good bargain to either, it would be an injustice, different from dealing between strangers. And it could not be accurately gone into without a full examination of the books. In the offer of an annuity, I advised him to let it run through a considerable duration : thinking that it would be as conveni ent to his father and more advantageous to him. His taking back the books, I did not know till he had done it. I have always advised him not to enter into any further dis cussion of the disputed accounts, nor to facilitate it, on the part of his father. For, as the matter had been settled between them by a reference most respectable in character, and deliberately agreed to, and as the parties appeared to have come to a final disagreement after full explanations, I considered that further discussion might inflame, but never would pacify. And in conclusion, I must beg to say, that although some momentary irritation and some inadvertencies of manner have fallen to Wheeler's share, yet 1 have seen nothing in him, but a sincere desire to promote the real benefit of the family, and to pursue peace by the most probable means. With regret almost equal to your own. as to this unhappy af fair, and with continued affection and regard for Mr. De Forest, I remain, Your Friend and Son, DANIEL LORDjJr. 11th Sept. 1833. 2 Bridgeport, I2lh Sept, 1833. !\rR. Lord, Dear Sir : Mrs. D. arrived safely at 12 o'clock today, and bronglit mo your noleiif 11th inst., in which ymi aay you think it right to tell me how far you have advised Vv heeler in the unhappy circuinstaiites in which he is placed. I confess I had not believed that you was his adviser; but I thank you fof your frank avowal of it, even at this late day. May I trespass on your candor so far as to request you ti) in form me whether you act in this affair, as his legal adviser and counsellor, or merely as a friend. I am Yours, &c. L. De FOREST. P. S. You will please bear in mind that all my crime, (so far as I can learn) is that I still insist our books are wrong. And in doing this, I have neither invaded or violated any body's rights, property, or character, that I am aware of. Please look at the conditions of the reference — does that decision deprive me of all my rights, even if it were a right decision, and made in conformity to our instructions? L. D. F. New York, Sept. 14, 1833. Dear Sir: I acknowledge your letter of the 12 inst., which I re ceived yesterday. The note which I addressed to Mrs- De Forest was written at her request, as a means, I supposed, to partly satisfy you as to your son's motives. Certainly it was not my object to volun teer to you any communications of what my advice had been: for at an early period in this affair my advice was frankly given to yourself— and its reception, however kind, shewed me how little it was likely to agree with your views. In the advice which I give to Wheeler, I neither act profes sionally nor as his friend, otherwise than as the husband of his sister and your daughter; and with a sole view of having affairs lake such a course as to allow oblivion to cure evils which are by other means incurable. As to the accounts it was not for me at any time to judge of thein ; but common sense now dictates to me that they are no more to be talked of; and if ever this unhappy matter is to pass off, it will, in my view, onlyjhappen through a forbearance on all parts from agitating the subjects of your letter, either orally or in writing. Thinking this course a correct one, I de cline, with much respect, to enter into any correspondence on the subjects of your postscript. 1 remain with great Aflfection and respect Your Friend and Servant, DANIEL LORD, Jr. Mr. De Forest. New York, Nov. 24f/i, 1833. Dear Sin: Susan and myself have the pleasure to inform you of the birth of another son, on Thursday evening, who with the mother are very comfortable — more so than ever before in simi lar circumstances. I have had an attack of inflammation in '.he soft parts about the eyes, which has confined me at home three days, but from which I now begin to be relieved, being now first able to resume writing. We beg you to be assured of our constant and affectionate remembrance, and we desire to unite with you in thanks to the Giver of all good for the continued and rich blessings which are every where so abundantly bestowed on every branch of your numerous family. I remain with continued respect And affection, DANIEL LORD, Jr. Mr. De Forest. Bridgeport, 2Gth Nov. 1833. D. Lord, Jr., Esa — Dear Sir: Your kind and affectionate letter of the 24th inst. was received with no ordinary emotions. We join with you both in thanksgiving to God for this renewed instance of His good ness—and we pray that this and your other children may live to be comforts and blessings to their parents and to each other. We most sincerely reciprocate also all the kind remembrances which you express towards us, and rejoice that you do unite with us in thanks to the Giver of all good for the continued and rich blessings which are every where so abundantly be stowed on every branch of our numerous family. But, my dear sir, while with hearts of gratitude we recount all God's mercies, let us also behold and tremble at his judgments. The " numerous branches" are indeed all flourishing— but how is it with the root? A little while ago, and all was pleasant and prosperous with me! But what is my condition now? A fugi tive from oppression, injustice and cruelty ! And all for what? Why, I had the presumption to say our books were wrong — even after a decision of referees that they were right ! And this was sufficient in additiim to all the injustice and abuse, I had suffered before, to pi'oclaim me a deranged man; to deprive me by force, of all my rights, and drive me from ray office, my business, and my home, and as a necessary consequence to break up my once happy family, and destroy that peace and happiness which once reigned there. And after all, my dear sir, suppose it should finally prove that the gentlemen referees were indeed mistaken in the decision which they formed ! Would it not be matter of lasting regret that such a course has been pursued against me? To show that such a thing is posssi He, allow nie to hand you an examination which I have made of the entries and accounts submitted to them, and to request you to give it a candid investigation ; don't take any thing for granted. It is a complex and difficult subject, and rendered doubly so by the incoherent and incomprehensible manner in which entries are made, and by the frequent declarations in entries directly contrary to the truth and fact. Let me beg you not to assume (as others have done) that entries are right, merely because you do not comprehend and understand them. Test every entry by the established rules of book-keep ing and law, and by the rights of parlies and accounts ; and I am persuaded you will come to a correct conclusion. You may be surprised that after the part which you say you have taken in the unhappy affair, 1 should request you to read it. But you know the confidence I repose, not only in your candor, but also in your ability to investigate a subject of this nature, and I well know that no man possesses the power and influence that you do to bring about an adjustment of this me lancholy affair. To these among other reasons I am induced to ask your critical investigation of the subject. After which I submit to your own sense of justice and propriety to take such course as your own conviction shall render expedient. One favor, however, I have to ask ; which is, that if (as is ve ry possible) you find me wrong in any particular, either in a matter of fact, principle, or argument, that you would inform ine of it. With our best love to Susan and all the children as well as to yourself. I am very truly Yours, &c,, L. DE FOREST. New York, 30th Nov. 1833. Dear Sir: Your letter of 26th inst., I received yesterday with its ac companiments. For the letter, the kindness of its contents and the confidence it expresses, accept my warm thanks and be as sured of my affectionate remembrance. Reciprocating your confidence, and dealing with you in all duty and candor, I take leave to make some remarks which I feel bound to venture at the risk of displeasing you ; since they are the reasons why I close forever all communications between us on the subject of these unhappy accounts. And I mean to speak with frankness and the freedom which is due to one whose understanding I have always considered superior. I liave perused your book, cursorily and hastily as alone was in my power. The technical part of it, which relates to book-keep ing, I do not at all comprehend, being wholly unacquainted with the subject. I therefore form no judgement of my own upon it. I am incompetent so to de : and if you and the referees and others concerned cannot agree or convince each other, it is preposter ous to suppose that I have skill or knowledge to decide. But if I cannot judge of book-keeping, I can act and judge upon the ordinary principles of human conduct: and they prove to me that you au: laboring under egregious delusion and warping of mind. The entries you complain of. are made by book-keepers, with no interests to err. kith no suggestions to them to falsify; and in the ordinary exercise of their vocation: men of uiiquesticJn- ed honesty, and whose intentions towards you I never have heard questioned. They conclude that you are wrong. Your son, equally interested with yourself, both to have jus tice and to render it to others, after full discussion and exami nation, conclude that you are wrong. The correspondents of your house, whose intefests are af fected by these entries, take pains to have the matter examined as far as concerns themselves, and they conclude that you are wrong. You select a reference of men, not only of skill and experi ence, but of uncommon excellence both of understanding and of character, both truly friends to you, one an eld and devoted friend : they examine the matter, receive all your explanations patiently, and conclude you to be wrong. You then consult a lawyer, selected by yourself, with a know ledge as well of his public and well earned reputation, as of his independence and acquaintance with the details of book-keep ing, and of whose fidelity and friendship you cannot doubt: he examines the subject as your counsel, seeks explanations, sa tisfies himself, and candidly informs you, that he concludes you to be wrong. After all this, you (whose honor never before could have condescended to a pretence) attempt to put a version on thff submission, which would make it a fraud upon your son, (who entered into it, as you knew, in faith of its being final and con clusive) and seek to continue the controversy, on the ground that although you are concluded, yet those in relation to whom the entries are made are not, and therefore although they are sa tisfied and ask you for no aid to lake care of their interests, and are as competent as yourself to understand the subject, yet you continue to agitate the controversy. You make it the demon ef the day and the vision of the night. You allow it to destroy your peace of mind ; to inspire you with distrust of your son and best friends ; ta break up your family, and to cast you int* the hands of dependents, who have an evident interest to flatter you, to sayjust so much of truth as meets your views, and Xo show off your respectable name as one of their submissive ad herents who look up to them for countenance. Lockwood De Forest confirmed by J. Bennett, book-keeper and counsellor at law ! Nay, you proceeded to print a book of fifty-six pages with a vs- luminoBs appendix, ringing changes on the words « pnncip(e«; of law ^ book-keeping, and the rights of parties and accounts, disolosing the accounts of your house, the transactions ot your forresptiudents, cxposini; yourself to difTiculty, and yniir house to lilijjation and dishonor, and add to the bnrdi^iis of your son, who with impaired health and inariequate assisliiiits, is slaving himself for your benefit. Upon all this I fearlessly conclude you wrong, and believe that all the world will confirm the judg ment. My dear sir, all this is the very result which in the interview we had together in my oflice, at the comraancement of this controversy, I predicted : that your mind by an exclusive con templation of these accounts, and by allowing the earnestness of your leelings to centre upon this subject, would get warped, so that its conclusions could not be relied on. With this feared result in view, I from that time advised your son and family, and have ever continued to do so, to avoid discussing thase ac counts with you — to oblige you if possible to let them slip into oblivion. This is the advice which I assumed the tender of. I am now more than ever assured of its correctness: upon it, I shall continue to practice, and conformably to it, I now close for ever all communications on this disastrous topic. You will perceive by my frankness, & by the reasons address ed to your understanding, that I respect it, and should not doubt its conclusions, if it would only take rest from these perplex ed, harassing and distressing contemplations. There is no mortification justly to be felt in having been wrong: there is no impossibility in submitting to an inevitable decision against you, even if you are not convinced of its correctness. I beg you therefore, to give up the controversy. I conjure you by the love we bear you, by the love you bear to us, as you value the rank in society which you have so long, so honorably, and so usefully held, and can still fill; as you regard yourdut5ao man and to God; take rest from this subject. Quit it, consider it right or wrong, as settled. Elevate your mind to the more con soling topics of religion : and especially to the peaceful and af fecting thoughts of your Saviour's love and of God's goodness, in at least all other things, to you and yours. Cheer us once more with that happy, steady, and honorable bearing in which we all delighted, and fram which we all took caurage. I have written you ardently and strongly ; but I submit it to you that I have done it in affection and in duty, and that you cannot take any continuing offence at it— that you will not, in consequence of my having addressed you as a man of sense and firmness, capable of being differed from, without offence, separate yourself from communications with me on any other topic. If in any other matter I can serve you, aid you, com fort you, tell me how I may do it. But once, always, and for ever, I beseech you to abandon these accounts, and all that re lates to them, burn up your book, efface all the accounts from every remembrance, and turn your mind to topics worthy of your understanding, rank and character. With affection and truth, I am Your Friend and Servant, Mr. Db Forest. DANIEL LORD, Jr. Bridgeport, llth Dec. 1833. Daniel Lord, jr., Esq. — Dear Sir : I duly received your extraordinary letter of 20th ult, ac knowledging receipts of my " examination, &c." I would not now trouble you with any remarks upon it, except, that silence on my part, might lead you to believe, lliat I admit the corrects ness of the various statements you so boldly and coilfidently make in it— and that I plead guilty to the insinuations and charges against me which it contains. Perhaps at some future day you willdo mo thelavor, and yourself the justice, to furnish the proofs of them. My present purpose is (if possible) to con vince luy opponents^rsf, that our books are wrong, and that as they now stand, they never can be legally and correctly, or just ly settled and closed. To this end 1 sent you my book— you received it on Friday afternoon, 29th, and your long letter is dated the next day, 30th November, showing how little time you had, if ever so disposed, to ascertain the truth or false hood of any ol the principles maintained, the facts staled, the arguments used, or the conclusions drawn. I can easily con ceive, (since I have learned the part you have so unhappily taken) that it would be painful to you to read my book. But, dear sir, wheilier you read it or not, others wilt read it— others will understand it. The question is a plain one and it is either true or false — our books are either right or wrong, and that, too. irrespective of the opinion of any man. They speak for themselves — it is the books them selves, and they alone which must and will decide the contro versy. I may be proclaimed a deranged man — I may be forci bly stripped of all my rights! — I may be charged with having condescended to sacrifice my honor to mere pretence, and ol at tempting to commit a fraud on my son— I may boldly and fear lessly be declared to be wrong on this subject, and threatened with dangers and difficulties— but after all, great is truth, and I do trust and also believe, that even in this unequal controversy it will yet prevail. I am glad that before you wrote me, you bad read enough to find out how many pages my book contain ed. But, Mr. Lord, 1 do regret that as a " man of sense and firmness (as you affirm yourself to be,) and also (I may be permitted to add) as a man of candor and justice— as a lover of truth and fairness, nay as a christian, you should have con sidered it necessary to resort to ridicule as a weapon against all the errors of principle, fact and argument, which a book of fif ty-six pages was not sufficient to contain. Have you, indeed, no better argument than this to prove that I am wrong 1 As, however, you now acknowledge j'ourself (o be wholly unac quainted with the technical part ot book-keeping, and that therefore, you form no judgments of your own upon it; and also confess that you cannot judge of book-keeping, was it wise —was it prudent— was it respectful— was it just, to charge me with ''ritiging changes on the" words "principles of law, and book-keeping, and the rights of parties and accounts?" Ar<; these principles, and those rights, indeed, so worthless in your sighf And am I a fit object of ridicule and contempt, for having so often appealed to them as indubitable proofs that our books are wrong ? But after all, Mr. Lord, I flatter myself that yon will even yet, sooner or later, read the book and understand it too. As however, it may be some time first, and as I am desirous to throw all the light 1 can upon the subject to your mind, so that hereafter, there ma/ be on your part, no excuse on the ground of ignorance, I beg leave to enclose you a short supplement, the necessity and propriety of which are explained in it. And, as you profess to be so " wholly unacquainted" with book-keep ing yourself, I would respectfully recommend you to call in my partner, the book-keeper, referees, and the lawyer too, and care fully, and altogether, thoroughly to examine the matters refered to in this supplement alone, and if after all this you can give a satisfactory explanation of this part of the entries referred to, and prove that it is all actually and truly right, it will go a great way in persuading me that all the other entries and accounts in the books are also right— &nd also that my affirmations so often made, that these books can never be legally and correctly set tled and closed as they now stand, may indeed be nothing short of an "egregious delusion." Such a result will also go far to satisfy me that even on the subject of book-keeping, you are al so what you affirm to be, " a man of sense and firmness." It will he proof doubtless even to me that others " understand the subject as well as I do"— and enable me to give up at once a controversy which you say I make the " demon of the day and the vision of the night," nay, Mr. Lord, such a course on your part, and such a result, will doubtless make it my duty at once to listen to your earnest entreaty, to '• burn my book"— It may have the happy effect to bring back my mind, from its " warp- ings and delusions" to such a sense of solemn duty, trutli and justice, that I should almost, if not altogether, be constrained to subscribe to the magnanimous sentiment you meant to incul- culcate upon me, not, indeed, as you state it, viz., " there is iio mortification justly to be felt, in having been wrong." No, I will not do you the injustice to believe you intended to co.mmend such morality to my adoption— but rather believe you meant there is none justly to be felt in acknowledging onesself to be wrong when proved to he so. I should also be constrained to subscribe to your next proposition, viz: there is no impossibili-^ ty in submitting to an inevitable decision against you." No, Mr. Lord, these propositions are worthy of adoption by every ingenuous and candid mind, and especially by those who pro fess to be christians. But, dear sir, one word more— If I have indeed, (as you with great apparent tenderness and apprehen sion for my character, assert) so degraded my " respectable name," by asking the opinion of "James Bennett, book-keeper and counsellor at law"— pray, what will you say of my oppo nents, who, after they knew that I had done so, and just as be forehand I predicted they would do, endeavored to forestall m« in obtaining his opinion by inviting him down to our office, where my son and partner spread our books before him, and endeav(M-ed to cojii-fnce Aim that they were all right! 9 pity ! pity ! What weapon will next be employed against me ? But, for the present, with due thanks, and proper sense of obliga tion fur your kind offer of aid, and readiness to serve and comfort me "on any other topic," I only add, dear sir, that I have never to this day been so far lost, to thiit sense of proprie ty on my part, however valuable your services m/^'/U have been to me, or to what most Uuly, Idid indeed suppose, you would certainly conceive to be the only proper, wise, and pruient course on your part, as to ask for your aid, assistaucu or advice, in this most unhappy controversy with my son. With assurance of my best wishes lor the Welfare of yourself and family, I am yours, &c. L. DE FOREST. Daniel Loro. Bridgeport, 13th Oct., 1934. Dear Sir: I had indulged the fond hope, (after hearing that you had professed yourself a follower of Christ, and united yourself with the church of which I am a member) that I should now certainly, so far have a claim on your candor and sense of jus tice, that on presenting you with the most clear, palpable, and perfect demonstration, that my partner and other opponents, together with the referees, and the " distinguished lawyer they consulted," as well as yourself, have all been totally wrong on the all important question, submitted to the referees — you would, so far, pause in the mistaken and unhappy course you have so pertinaciously, yet blindly pursued, as at least, to look at those proofs and demonstrations. But, to my grief, I am compelled to say, I was wholly mistaken. Your letter of 30th Nov. last, at once dissipated all those fond hopes, and left me, I fear, but too little ground to expect even now, that you will yield to the claims which thosedemonstrations and facts, and the cause of truth and justice so manifestly seem to demand of you, however certainly and infallibly, it is made to appear that you are wrong ! No, Mr. Lord, although M'ith so much appa rent confidence and self complaisancy, you endeavor to sooth me into an admission that I am all wrong, by an appealto the truly magnanimous sentiment, that there is "no mortificiition justly to be felt" in acknowledging oneself to be wrong, when proved to be so. (I infer you mean this.) Yet, when I recollect, the spirit you manifested, on the two only occasions, on which / ever conversed with you on this subject- the evident passion, which a recital of only a few of the wrongs and abuses, which I had suffered from my partner, excited in you ; the dictatorial altitude, the pointed finger, and the authoritative manner in 10 «iA?f/t j/o« made the declaration that "you mus> dissolve with Wheeler;" and tFpccially, when I cou.sider whai you have since done, I confess I um almost led lo fear, that neither yoar own lessons of morality, magnanimity, and even stoicism, which you have so urgently inculcated upon me — nor the overwhelm ing positive proofs, which I have put into your hands, and which show, beyond the possibility of a doubt, that you are wrong, will induce you to stop and reflect on what you have done ! But, notwithstanding the total and unfeeling disregard which you have heretofore shown, to my own knowledge and expen- ence on this subject— notwithstanding tht contempt, and even ridicule, with which, in your letter, you treat all these facts, proofs, and demonstrations, which so clearly show, not only that the decision of the referees, was palpably and grossly wrong, but that all our books are also absolutely wrong; yet, happily, there is now brought to light, other new and additional proof that both are totally wrong ; and which, I cannot but be lieve, even you, yourself, will admit is conclusive in the case. Bui before I state these proofs, I beg you first to look attentively at the two articles of submission — notice what is there declared to be the real and only question which was submitted— notice with care, also, the award of the referees going to the same single and only point — viz: whether the books of each firm, or any|of the entries and accounts which were submitted, or any of the accounts connected with them were RIGHT ; or whether they, '^or any one or more of them' were WRONG. I say, first consider these things well, and then go to the books of De Forest & Son, and there see for yourself many of the ver^ errors, which I most plainly and by written statements, point ed out to the referees as errors, now actually (attempted to be) corrected in those books ! ! And not by me— no ! so degraded and unworthy am I, thai even a look at our books is too great a boon for me ! but by my partner, through a book-keeper he has kept in our employ, long after he was notified by ine that I had _/os< all confidence both in his integrity and also in his ca pacity to keep the books. Here then, is evidence which, one would suppose, neither the referees, nor the " distinguished" lawyer they consulted, will hardly have the hardihood to gain say or controvert, much more my partner and yourself, who have advised and acted with him. And now, my dear sir, I ask you " as a man of sense and firmness," and also as a man of candor truth and justice, what now becomes of the boasted and triumphant argument, so con stantly rung in my ears, " you agreed that the decision should be final," and "you are bound to abide by the decision;" and the declaration also, which you so confidently make in your letter, "common sense now dictates to me, that they (the ac counts) are no more to be talked of." And is it so indeed? Has such an award as tliis, really such a conclusive, overwhel ming, and binding effect on me, and on all my rights, and property ? Bui, i/ indeed ,it has on me I beg to ask you, if it has 11 «iot the same WncKn^ effect on my partner also ? WAothen, I ask yuu, has violated this award? Let these, and all the numeroi:i other errors which then existed in the books, and which no doubt have since been attempted to be corrected on them, an swer this important question ! And will you still claim that 1 am bound to abide by such a decision as this ! Were these books and other accounts, indeed, all right? and were they " no more to be talked of?" But again, I ask— and beg you to answer it to ynur own con science, as well as to my deeply injured character, and grossly violated rights and Interests — and also to the rights and interests of all the other parlies (who in the same manner you would make the victims of this unrighteous and disgraceful award,) if this decision of the referees, was thus absolutely wrongous it IS now further proved to be by my partner himself, in regard to the entries and accounts which were submitted to them — pray, is it not equally wrong in reference to alt other similar entries and accounts, which cannot fail to be very numerous, which ac tually then existed in the books at largel Believe me, Mr. Lord, this question is yet to be answered, and I beg you no long er to deceive yourself or others, by endeavoring to give such a construction to this award, as would not only subvert all the sa cred principles, by which the referees were specifically bound to decide, but actually convert the award itself into an instru ment of flagrant injury and injustice. Pray, look at the award again — read it ! Does it not boldly declare the above absolute errors (now corrected) to be all right 1 And docs it not expressly affirm all the other entries in the book, " made on the same principles as those are" to be all right, also? And are they, indeed, all rightl And will you still claim that our books are right, and that such a decision, is binding on me? And yet, Mr. Lord, regardless of all my experience as a practical boqk-keeper, and a merchant of more than thirty years standing— reckless of my rights, interests, and character— and in a manner most wounding to my feelingB, insulting to my understanding, and in Iheface ol facts, as plain as the sun in the heavens, you s[r, voluntarily as you admit, and as unjustly as unwisely, took sides against me; and with allllie weight and influence of' your respectable name and charactei , not only gave currency to the cruel declaration that I was deranged on the subject of these accounts, but actually advised to deprive me of the possession and examination of my books, and of all those rights, so justly held dear and valuable in life ! Sick, distressed, and heart-broken, indeed [ was ! not, however, on acccount of the state of our books, but, (as I then assured you, and all others,) and as I still affirm, on account of the tyranni cal, unjust, and abusive conduct, of my partner towards me, and of which, I possess the most abundant and convincing evi dence. But, oh ! how little did I then suspect, that you was the adviser and abetter of conduct like this!. And gladly would I now, for the sake ef truth, justice, and humanity, were it posai- 12 b!e, forever obliterate the remembrance of it from my mind. But the sufferings I have endured forbid it. And, besides, you have yourself, down to the present moment, furnished, but too painful evidence, that you still persist in your unwanantable course and cruel advice ! But, Mr. Lord, have you not already done enongh ? and is it not time for you to pause, and reflect on the part you have acted through all these painful and distressing scenes? You will not fail to remember that your whole conduct and advice, has been founded entirely, and only on the ground, that the decision of the referees v/asright, and that our books were all right. And you will also bear in mind, that the only question submitted to the refferees; and the only one that now is, or that ever was, of thele^t importance to me, and to all other parties to be deter- mineiraright is — whether the books as they then stood, were right or not? And whether it is in the very nature of things, even possible that they can ever be settled right, as they then stood or now stand ? That they cannot, I have constantly af firmed and maintained ; and ever shall, at all hazards, as|long as I have life and means, endeavor to maintain, whatever combina tions of ignorance, prejudice, or even malice, may be formed against me. You may boast the opinions of book-keeper, part ner, referees, and the ''distinguished lawyer" they consulted; and on the strength of these delusive and utterly groundless supports, " fearlessly" bring yourself to the "conclusion" that I am "wrong;" and vainly flatter yourself " that all the world will confirm the j udgment." Nay, you may continue to charge me with " laboring under egregious delusion, and warping of mind" on this subject; and insolently accuse me of sacrificing my " honor" to mere " pretence." But to all these boasted opinions — your own fearless conclusion, and to your superaded, most insulting and contemptible insinuations and accusations, 1 would here, again, just simply refer you to the inevitable sealol utter falsity and absurdity, which my partner himself, has now put upon all these opinions and your own charges and conclii- Bions, by entries since made upon our books, expressly to cor rect the very errors, which I then, not only affirmed, but proved ta exist in them ! And be assured our books will further dis close, on examination, many, very many, more entries, which have since been made in them, to correct other errors, which then existed in them ! But, pray, allow me here, just to ask you, ij, as you affirm, the " version'' which I "attempt to put upon the submission," would indeed, " make it a fraud upon my son ;" because he " entered into it in faith of Us being final and conclusive." Pray, do not these correcting entries themselves, now, conclu sively prove that he has himself Dto/a^ed that faith? And also, according to your affirmation, not only prove, but actually, and inevitably /ia; that /raud upon him? You may, if you please, an swer this question to him. For myself, I have only to say, the charge never had any terrors to me, whatever bearing it may yet have, on him or yourself. 13 And tins, sir, is one, among all the other, equally cogent "reasons" which you so kindly and so confidently "address to my understanding" to persuade me to give up this controversy; and sir, it is arguments, just likethese, v/hich, no doubt, led you to make the fearful ' prediction' which you boastinglv say yon did, at your office, hut which you will excuse me for saying / never heard, " that my mind by an exclusive contemphition of these acrouius, would get warped, so that its conclusions could not be relied on." And uliicli, also led you, so unwisely, and unjustly, to take the unhappy and disastrous course which you have done ! When I consider the unlimited influence which your advice and support would have upon my son, as well as on others who have gone with him, it is no longer a mystery to me that he, or they, were ready to adopt any measures which you should recommend ; and I can now, to iny ow>n mind at least, easily account, not only for the award itself, and the subsequent most extraordinary conduct of both the referees and the "distinguish ed" lawyer they consulted, but also for the unjust, illegal, and most unwanantable treatment of my partner towards me! And now, Mr. Lord, in view of all the former facts and de-. monstrations, which I have, heretofore laid before you, but which you have unhappily, so disdainfully disregarded ; and in view of this new, yet, o{ itself alone most infallible proof, that I have been wholly right, and that you and all my other opponents, have been wholly wrong, in this unhappy controver sy, from beginning to end! will you not pause? Is it not lime for you to stop in your unjust and most injurious course towards me ? Is it in your nature as a man— is it consistent, right or just, as a prominent member of my, once happy, fami ly, and especially as a christian, and member of the same church with me, any longer to persist in a course so unnatural, so unreasonable, and so unjust ; and which, if persisted in, is sure to plunge not only nie and my dear wife, but also my part ner, and other branches of my family, in still deeper misery and distress! Is it not already enough, that through your un wise and unjustifiable interference; and by your ill-judged and unwarrantable ' advice,' all my worldly prospects have been prostrated — the peace and harmony of my once united and happy family destroyed— and myself, my character, and my Nearest rights, made the victims of gross error, injustice, and cruel abuse 1 My letter to you, of 26th Nov. last, explains the reasons, why I then addressed you. It was because I then had so much con fidence in your candor and justice, and also in your ability to investigate, and from facts correctly to decide, who was right and who was icrowg in this melancholy controversy ; and also, because I was fully sensible, as I still am, that no man possess ed the power and influence you did, to bring about an adjust ment of it. But tlie result of that effort on my part, too painfully proves, 14 how much 1 was disappointed in the hopes I then cherished ! And, now, with all the multiplied additional proofs, which niy partner himself has now furnished, by the numerous cor recting entries, since made in our books, that from beainning to end of this controversy you have been acting on totally /oise and mistaken grounds- 1 say, with all these additional and undeniable proofs, now standing forth as recorded in our books, it yet remains to be seen, whether you will even now, listen to the demands of conscience, truth, justice, and that religion which you profess : and, remembering the noble sentiment you so properly commended to me— viz : "there is no mortifica tion justly to be felt, in acknowledging yourself to be^wrong, when proved to be so !" at once retract a course of conduct, fraught with such cruel, heartrending, and disastrous conse quences, as yours towards me has been. Yours, &c. L. DE FOREST. New York, IGth Oct., 1834. Dear Sir: I acknowledge the receipt of your letter of 13th inst., and have carefully read it Regreting very much the view you take of the cause of your distresses, and especially the feelings you exhibit towards me, 1 shall trust to time and events, finally to receive justice at your hands. At present I will only say that you much mis take, if you suppose me influenced, or to have been influenced by other sentiments than regard and affection for yourself, and your family. As to the subject of your accounts, I would desire that it might not be ill-received by you, if I say, that I adhere to my determination not to enter into any discussions on the subject of your letter; not conceiving the possibility of any useful re sult to be derived from them. Certainly none cau be, under the views you take of my motives and conduct. Presenting my affectionate lemernbrance to Mrs. De Forest, I remain your Friend And Servant. DANIEL LORD, Jr. Mb. De Forest. 15 Bridgeport, 24th Nov. 1334. Da.mel Lord, Jr., Esa.— Dear Sir: I duly received yours of the 16th October last, and note ist contents. It is, indeed, deeply to be regreted, that after all ¦the solemn appeals, which were made to you in my last letter, you should still manifest the same obstinate determination, to shut your eyes and ears against all the claims of truth, facts, and arguments, to close every avenue of your mind against any and every consideration, which I might address to you, to convince you of your error and delusion ; and, although, ar rested by a manifestation of Providence, signal as that which arrested the prophet, when on his willing way to curse Israel, the dumb ass, being made to speak with man's voice, rebuked the madness of the prophet. Not less manifest, as seems to me, is the hand of God in this case, in making the very man, who had been from the first, the ready and eager agent to execute all your secret counsels and advice against me, now, by the mysterious and over ruling Pro vidence of God, made the very instrument, to furnish the most overwhelming condemnation upon all your opinions, and on the whole course of your conduct towards me. Yet, in defiance, as it were, of all this, you nevertheless, sullenly and obstinately, "adhere" to your former determination, not to allow the light of truth, fact, or reason, lo have any place in your mind, thoughts or reflections. But, oh, sir ! how different were the feelings of Saul of Tarsus, when by a light from heaven, he was smitten blind to the earth, and accosted by the voice of his Saviour, 'Saul, Saul, why persecntest thou me?" He did not sullenly reply, I " adhere" to my determination to persecute these poor Christians — he did not throw out insinuations that they had. done him great injustice in the feelings they had ex pressed towards him. No, nothing of all this, had place for a moment in the mind of Saul— but under the deepest conviction of his own guilt, he cries out in the agony of his soul "Lord, what wilt thou have me to do ?" Ana, now, sir, as. you appear to be entirely insensible to all the claims I have heretofore made upon you, both as a man and a christian, as well as to the true character of your whole course of conduct towards me— it becomes my duty to myself, as well as to you, and to an abused community, to examine a little further into the secret counsel and advice with which you have so voluntarilv and liberally aided ray partner in his cruel and unjust conduct and measures against me. My mate rials are but scanty, it is true, but being furnished by yourself, I trust the authority of them will not be disputed by you. You say you advised him (Wheeler) not to bargain, to sell his own, or buy out his father's interest." Here then, for the first time, we have the secret of his mysterious and contemptuous treatment to me in the two following cases, the mere outlines of which I shall here state : He made overtures to buy me out, through Mr. Downer— I instructed Mr. Downer to inform hinj 16 that it was totally useless lo make me any offer for my interest,. except it was an offer of a round sum of so much money, and a complete indemnity,' &c. This, through .Mr. Downer, he promised to make me, and also confirmed it by notes he wrote me. He kept our book-keeper at work, drawing off", and sta ting accoiints for him nearly a fortnight, and then abrubtly turned round and utterly refused to make the offer he had pro mised ! thus contemptuously violating his promise tome. He did, indeed, make me other offers, of which one of your letters affords the most conclusive proof that your secret counsels and advice dictated them, & to enable me to decide upon these offers, understandingly I applied for a sight of the accounts which had been drawn off for him, and he said he would give them to me ; but in five minutes after, he refusad. I urged upon him the rea son and justice of my right to see them, and particularly the promise he had just made; and he again said I should have them. He went into the other office, and in a few minutes came back, and with a clenched fist, and vehement motion of the arm, {¦aid "Fatheryou shan't have the accounts." Here then, again, did he twice in the course of twenty minutes violate his so lemn promises lo me. And do we seek for the cause of such conduct on his part? it is ,io he found in the advice of his coun seller, who says in one of his letters "I have always advised him (Wheeler) not lo enter into any further discussion of the disputed cccounts, nor to facilitate it on the part of his father." The construction which lie so naturally put upon this advice, had already been fully exemplified by his forcibly locking up our books, and depriving me of even a sight of them down to the present moment. In one of your letters you say, "at an early period of this affair, my advice was frankly given to yourself." Yes, sir, and that advice and the manner in which it was communicated to me, I have heretofore remarked upon — I therefore, only add here, that it fully coincided with tl.e views of my partner, who for a long time previous, had used every expedient to coax or drive me out of the concern, and take the whole of it to himself. At one time his argument would be, ' Falheryou have property enough, why do you want to bother yourself with business any longer" — at another lime, he proposed that he would give me so much for all my interest in the concern, with ample indemnity ; «r he would take the same from me. He followed me up with this proposition for near a month, insisting on its fairness, and declaring we could not go on any longer together— he urged his mother lo pursuade me to do one or ihe other ; and I accordingly closed with him on his own proposals, by giving him formal notice by a letter, that I accepted the terms he had offered, and would t»ke his interests in the concern on the same terms he had offered toltake mine, giving him the same security and in demnity. He received this acceptance of his proposals at half past ten, A. M.— went off lo a horse race, and the next day I received from him a most comlemptuous and insulting letter 17 >;ii which, he says, ' I have only to remark, that from the tenor of tills, (my letter accepting his proposals) as well as your other communications, that no arrangement is even probable, and that a continuance of such a correspondence can be of no be nefit; I shall therefore, decline it altogether, and abandon the idea of any sale or purchase between us.' It would indeed, here seem, that there must have been some more than ordinary cause, for such a recklsss indifference to his own honor and character, as well as contemptuous disregard ol all my undeni able claims upon him to fulfil his engagements to me. And you, sir, have at length explained ihe mystery. In one of your letters you say ' I advised him not to bargain, to sell his own, or buyout his father's interests.' Here then, we see thepotenr cy, and. overwhelming influence o[ that counsel and advice, which, as the 'man who married my daughter,' you had from the first, secretly and voluntarily imparled to him. 1 say se cretly, because in one of your letters you say, ' certainly it was not my object lo volunteer to you, any communicationsof what my advice had been.' Fortified by the advice and instructions of such a counsellor, no considerations of what was due to his own solemn engagements, to his own honor and character, or to my claims upon his word and promises, or to those common principles of deference and respect, which is due to every man of ordinary respectability, and much more to me, as an aged father, and the senior partner in our concern, was sufficient to deter him from a reckless violation of all his promises, and of all those honorable principles, which even the common ma.ss of mankind, and especially every merchant of any respectability, so highly, and so justly appreciate and value. And here, sir, I take the occasion to say, that I am fully aware of the no less mighty influence and effect which the weight of your highly respectable character, and the voluntary and unquallified opinions which you have not hesitated, on all occasions, boldly to express yourself, and which has been the chief argument in ihe mouths of all my opponents, lo prove me to be wrong, must naturally have upon the minds of an abused and misled community, and that this impression will continue to exist, until by the light of truth that community shall be disabused by a full disclosure of all the facts in the ease. Bui, sir, lamentable and unjust as this most unnatural combination against me has been, yet my trust and confidence, ever has been, and still is in the truth, and in the God of truth; and here I shall endeavor firmly to maintain myself, as long as ¦ I have life and breath left. Go on then in your unjust career, bring all the weight of your highly estimated character and influence, to bear upon me, and do all in your power to keep me as degraded, unhappy and miserable, as your opinions, in fluence, and character, have heretofore so successfully contribu ted to render me. But, sir, in the meantime allow me, as a deeply injured Chris tian brother, to commend you iniprayer to that Saviour, before 18 whoso judgment seat we must shortly both together meet, and moat kindly and affectionately to entreat you, occasionally lo take your assembly's catechism, and carefully and prayerfully read the ninth commandment, what it requires, and what it for bids; and rriay God in his infinite mercy give you a full con ception of its moral as well as spiritual import. But I am di gressing, and will return to a further examination of your state ments and assertions. You say in one of your letters, "the note v/hich I addressed to Mrs. De Forest, was written at her request, as a means, as I supposed, to partly satisfy you, as to your son's motives." And, pray, what have 1 ever said about bis motives? Besides, in turning back to that letter, it is not a little singular, to observe, that it is made up entirely of statements of what your own counsel and advice to him had been, and not a single word about his motives is seen in it from beginning to end ! Nor is it less singular and extraordinary, whatever his motives might have been, that such was the mighty infiuence of this very advice upon him, that, as I think I have already abundant ly shown, he no doubt made it the very ground of those reck less and dishonorable violations of his promises and engage ments, which I have just stated. It is true that both he, and his particular friends have contin ually insulted me, by pleading, the purity of his motives, as a full justification of all the insults, injuries, and injustice, which he had heaped upon me; arid this, too, while he was constantly repeating, and increasing upon me the same abuses and inju ries. And it is also equally true, that under such circumstances, I could only consider such arguments, as adding insult to inju ry. And I here lake occasion lo remark, that no professions of good motives, or of affection and esteem for rae and my fami ly, will ever have any other effect on my mind, and feehngs, while the party making them, is continually repeating and in creasing his acts of violence, and injustice towards me. In one of your letters you say, our book-keepers are " men of unques tioned honesty, and whose intentions towards you I never heard questioned — they conclude you are wrong." And pray, sir, on what authority is it, that you assume the conservatorship of my rights and opinions, in reference to my book-keepers, by such an affirmation as the first ? Allow me to say, that in a case like this, I protest against the right of any man, lo judge for me — and, as for the second, suppose you never had heard 'their in tentions towards me questioned,' does that prove that I had no right to question them, and that I never did question them ? As to your third affirmation I do not doubt that both Burrill & Thomas may have told you verbally Ihat I was wrong. But, sir, at the very time, you made this declaration to me, you had in your hands, a number of certiflAtes. signed b^ each of them, respectively, originals of which I hold, in which, both in prin ciple and by admitted facts, they both acknowledge our books to be grossly wrong ! And, yet, sir, you make the opinions of 19 these men, your authorit}^ in part, publicly lo pronounce rae to be wrong, and lo authorise all my opponents, and others, to quote your opinion, and to avail themselves of all the weight of your highly respectable name and character, to prove that I am wrong. Again, you say that my son, ' after full discussion and exami nation, concludes that you are wrong.' And where, pray, is your authority for the affirmation that he had examined these entries and accounts, does he tell you any such thing? So far from this he never pretended to know any thing about book-keeping, and with all the efforts in my power, I never could get him lo listen to my remarks on these accounts, or even to took at any of the statements of palpable errors, which I have made, though urged upon him with the greatest earnest ness. Moreover, long before the'question was submitted to the re ferees, he had heard Burrill acknowledge verbally over and over again, that the books were " wrong in toto," when consi dered separately, as they ever must be. Again, you say " the cprrespondents of your house, whose interests are effected by these entries, take pains to have the matter examined as far as concerns themselves, and they con clude that you are wrong." Allow me here to say, that so far from there beingajparticle of foundation forthat partoflhe above declaration which relates to the examination of those entries, I affirm that no one of our correspondents except Capt. Mon son personally, and Monson, De Forest & Son, had any con nection whatever, with these entries— and on the 15th July, 1833, near eighteen months after this controversy began, he writes me as follows: •' I determined lo call on some person in whom I had confidence, lo aid rae in the examination of your accounts, but I have not yet found time to do it, neither is it possible that I shall very soon." Again, on the 20lh January, 1834, at the hctiuseof Mr. Down er, and in the presence of my wife, I submitted the following questions to Mr. Monson , in writing— viz : " have you ever had a book-keeper, to examine either of the above mentioned accounts (his private account, an^ those of Monson, De Forest & Son,) since they were first rendered to you down to this day ;" to which he answered, he had had his private account examined by Mr. Burrill, and no one else, but not the account of Mon son, De Forest & Son." And to show further, how utterly ig norant he must necessarily have been, as to any personal knowledge of the state of his accounts with either of our firms, I would just ask you to notice his answers lo the following questions put to him in writing at the same time— viz: " Have you ever had an account of sales rendered you by either or both firms of De Forest & Son— of any sales of pro perty by either firm, for account of Monson, De Forest & Son, down to this day!" To which he replied "It strikes mc I have not." 20 Again, " have you ever lo this- day rendered your account, as agent abroad, for Monson, De Forest & Son, to either firm of De Forest & Son ?" To which he replied, " no, I have not." Here, then, is another specimen of the gross delusion, into which you have so eagerly and vo luntarily allowed yourself lo be drawn, irt your unwise and mistaken zeal to support my partner in his illegal and unjust conduct towards me; and lo maintain and defend the unhappy counsels and advice, which from the first, you have so unwise ly, yet voluntarily imparled to him, as well as the opinions which you have yourself publicly and openly expressed, and authorized others also to express, that I was wholly wrong; and that our books were all right. But, sir, you may still say that other correspondents of our two firms, have examined the ac counts rendered them, and that they "conclude that I am wrong." To this I reply, that the correctness of their accounts is yet lo be tested, and I hesitate not to say, that when I shall be allowed (as I trust I may yet be) to examine those accounts, I shall be able to point out many, very many errors in them, in reference not only to those parlies themselves, but more still, in reference to the two firms, with which they are connected. But, again, you say, " you select a reference of men, not only of skill and experience, but of uncommon excellence, &c. &c., they receive all your explanations patiently, and con clude you to be wrong." That at the time these gentlemen were selected as referees, they possessed all the character, skill, knowledge, and experience, in reference to the simple question submitted to thera, which you here ascribe to them, I freely ac knowledge I then fully believed. But when I came to see, that in violation of the express terms and conditions by which, in the mutual instructions of my partner aud myself, they were strictly an unequivocally bound to decide the question submit ted to them ; they had not only departed from those express instructions, but im the very face of them, and of many abso lute errors in fact, and many others in principle, statements of which I laid bofore thera in writing, and which were made so plain and undeniable, that it is believed, no merchant or book-keeper, who should carefully examine them, would so far disgrace himself as to attempt to dispute or disprove them, I was compelled to change my opinion. And yet, sir,, it is this award, which you have constantly affirmed lo be in evitably binding on me, and on all my rights and property. It is on the opinions of these gentlemen referees, and that ol others equally absurd and unjust, that you have avowedly form ed your own, and made the ground of all your secret counsel and advice to my partner, and all your unwise and disastrous conduct towards me. But, you say, "they received all my explanations patiently. I presume you mean by this declaration, that they gave me full opportunity to come before them and explain the statements I had made to them, and the facts as they stood on the face of 21 the books. Well, sir, a few facts will test the eorrectness of this declaration on your part, and possibly serve to open your eyes to the extraordiiiary conduct of these gentlemen towards me. These facts, 1 trnsi, the gentlemen will nol dispute! and besides I affirm, that from first to last, I never saw those gentlemen toaeihcr on this sunjoct, except on a single occasion, when they notified us, thai they should be at our office tin a certain evening at 8 o'clock, for the purpose of examining the origi nal transfer entries on the books, they were there perhaps an hour, most of which lime was taken up by them, in question ing our book-keeper, and from the questions put tf his remarks, and said to him, if you will give me your word that you will not make known your opinion in the case until I re turn, and until I have had an opportunity lo explain thein lo you, I will go away satisfied, to all which he fully assent,ed. But you can judge of my surprize, vi'heri on my return, ;il- iTiost the first salutation from my partner was, ha! your o'wa lawyer says you are wrong, and that our bonks are all right ! and this expressed too, in th^raost taunting and idftiltirig manner. "Vou can ask this honorable gentleman what his, reply to me was,, when I asked him how he could tr^at me in such a man ner.' Notwithstanding all this 1 afterwards enclosed him a re taining fee of ^100,' in- allconfroversiss in which'/ then was or hereafter might be involved. I now flattered' myself that 1 had such a hold upon him, as that he could not possibly refuse mean opportunity to go into athorough examination of these entries and accounts, but to my utter Astonishment and overwhelming mortification aftt'r 24 two or three intfTectnarl attempts to bring him to ihe ta.sk, witH the exception of about ten minutes ence at ray house, he ut terly refused lo go.into any examination of these accounts; al leging as a reason that, it would injure my health — to which I replied, that I had employed him as legal counsel, and not as a, physician ; nor did I waul his advice as such ; and urged up on him his duly to attend to my requests, but all to no pur pose. A few days afterwards constdering that he had acted as mu tual counsel before the. referees, for which it was but just, the firm should pay him ; and that as he had not only done nothing forme, but actually refused lo act_/or me at all, I addressed him a note, requesting his bill for his services before the referees. This note he, treated with utter contempt, not even condescend ing to notice it at all. A few days afterwards I met him in the street, and again requested him to give me his bill in that case, when he contemptuously replied, Mr. De Forest lam satisfied, and abruptly turned away and left me. These facts, substantially, that gentleman I trust, will hot presume lo deny. And this, sir, is the "lawyer" whom you arrogantly affirm 1 "consulted" and whom you say " examined the subject as my counsel" and " vyho seeks explanations" (from me of course you mustmeanjand "of whose friendship and fide lity," you arrogantly affirm, "7 cannot doubt/' But, sir, allow rae to ask, where is the person of any respectability, possessing a proper sense, of correct conduct and honorable dealing,who afters reading these few facts, can forbear with me, lo express their ut ter contempt and execration at conduct like this ? But, sir, it isjiworthy of remark, that with all my prac tical experienee,\as a. book-keeper and merchant, with all the explanations our book-keeper could afford me, I had previ ously spent more than a month, in investigating these entries and accounts ; and though I succeeded in ferreting out from the mass of incoherent, inconsistent, irreconcilable, and nume rous utterly contradictory and untrue entries, which abound in thera ; many of the gross and palpable errors which exist ed in them; yet, it appears, by, the letters of that gentle man, who, himself, assured me he understood book-keeping thoroughly, that three short hours was abundantly sufficient time for him., to investigate all these voluminous manuscript ac counts, all my letters, and all the written statements of errors, which had been laid before the rcterees — to bring his own mind to the desirable and happy " conclusion" that Iwas all wrong, and that our books were all right. And, here, allow me lo say it appears, to me that such arrogant pretensions, such reck-; less disregard of facts, such contemptuous inattention to the many written statements, of palpable and undeniable errors which .were put into his hands lo aid and assist him in his coun sel and, instructions to the referees; uch disgraceful igno. ranee of the whole subject, on which he undertook to advise 25 and instruct them, can t9 my mind only bs parralleled, by tlis overwhelming condemnation of all his opinions, which is mani fest nol only on the face of these entries and accounts, and by written sialeinents then laid before him, but which are now fully confirmed by numerous entries since made: in our books. And ninv, just compare the. conduct of this gentleman with the facts which you have so boldty affirmed, and your decl-aratiou that '• he examines the subject, seeks explanations, satisfies himself, and candidly informs you that he coiKiudes you In be wrong?" No comment seems to be nece-fsary here. Aud yet sir, it is (in the opinion of this gentleman, and on th.itof others equally untenable and groundless, th;it you have avowedly form ed your own, and made the groiuid of allyour ungenerous and unjust conduct towards me. And would you, sir, be willing to be tried and condemned on such principles, and such testimony as these, would you consider it fair and just, at an advanced age, to be striplof your hard earned reputation and good name, by being proclaimed a deranged man on such testimony as this— and that loo, by the members of your own family; and merely becaiise you insist ed your books were wrong, when beyond the possibility of a doubt, you knew they were so, and produced undeniable facts to prove it ? I trust, sir, if put to the test, no man living, sooner l^an yourself, would be roused lo horror and indignation at such an attempt to destroy you, and especially on such princi ples and such testimony. Having now gone through with a brief sketch pf the conduct towards me, of all the gentlemen whose opinions and spe cial conduct, you with so much ardor and apparent triumph, and with such entire self complacency have quoted against rae, as unanswerable and undeniable proofs that I am all wrong, and that you and all ray other opponents are all right ; you will now allow me to offer a few remarks in regard lo your own conduc'i towards me. It is necessary, however, first lo state that, for near two months previous to ray sending' for you, I had been the daily victim of abuse and insult from my part ner because I contended with Burrill that our books were wrong; and to such an extent was his conduct towards me carried, that I was at lehgth prostrated on a bed of ^ckness — my constitution shattered— my whole nervous system agitated and deranged, and my heart broken within me. In this situa tion, and dovibling whether I should survive the wretchedness and misery into which my son's conduct had plunged me, I sent for you and Baldwin, as I have before stated, expreasly to let you know, in case I should be taken away, what was the real cause Of all the misery and distress which I had suffered. I felt impelled to this step, from the fact that my partner had openly and publicly proclaimed me to be deranged, on the sub ject of our accounts, often telling me to my face that I could not foot up the plainest sum in addition— thus attempting to 20 smother my complaints against him, by setting upsufh a charge us this, and by increasing his acts of violence, lyi'nnny, mid absu&e, to -drive rae into despair, and then lo make use of the very misery and distres'; he had thus nccasioneri. lo prove tfiat I was so! And, sir, the manifest tola! disbelief with which you received my statement of my son's conduci, affords to my mind now, the mo.st convincing proof„^hat you had even then, with your whole soul, entered into all his feelings and vie,u-s, and through your unlimited influence over him, and by your secret counsels and advice, had been the cause of all the cruel and unjust measures he had adopted towards me, and that you had unhesitatingly joined with him in proclaiming me a deranged man on the subject of these accounts ! And, sir, afier reading your letter, of 30tli Nov. 1833, no one, it would seem, can doubt the spirit, temper, and most ardent zeal, v.;ith which, from the very first, you have not only voluntarily, but eagerly, Ihrust yourself into this unhappy controversy, taking sides with my partner against me. And, where now, let me ask, is j'our evi dence of my derangement of mind, on the subject of these ac counts? Is it to be found in the questions in writing which I put lo Burrill, while under the constant and overbearing abuse and insult of my partner? Is it in the various letters written to the referees, and on the numerous written statements of errors, which I had laid before them ? Is it to be found in the infallible, and inevitable seal of condemnation, now put upon all the opinions of all my opponents including yourself, by the correc tions that have since been made in our books, oUhe very errors I had pointed out ? And do you still flatter yourself that you can, finally fix upon me, the fact of " egregious delusion and warping of mind" on ihe subject of these accounts, after all the facts in the case shall be understood ? Broken hearted, distressed and miserable, indeed I was, but not on account of the stale of our books. No ! never for a mo ment, had I a particle of doubt of the fact, that the books were all wrong, any more than I had of my existence. I knew be yond the possibility of a doubt, that on the very face of thera, they were wrong, and that it was beyond the power of raan lo prove thera lobe right, notwithstanding the opinions of the re ferees, and all others, who declared them to be right. And I now confidently appeal to all the foregoing facts, to show the utter groundlessness and absurdity of this cruel, unjust and ri diculous charge of derangement, on account of the state of our books. But I don't exclusively rest the matter here, and to shew that it was the conduct of my partner and son towards me, and that alone, which was the only cause of all my heartrending sufferings, distress and sickness, 1 now select only two, out of more than thirty other certificates (iinder the hands of various individuals) which I hold, all like these, going to show the real character of my partners conduct towards me. 27 The first of these is from his mother as follows- viz :— New York, 22a May, 1833. To My Wife: - Rlay I request you, in behalf of myself and the cause of truth, to answer freely, and without fear, favor or affection, the following questions — viz: 1st. Did not I, soon after, or during the controversy between Mr. Burrill and myself, complain to you, that my partner and s»n had abused and ill-treated me at the office, on the occasion of my Ifiying before him, Mr. Treat and Mr. Monson, a certain entry in our books, and asking certain questions to Mr. Treat, regarding' it— in that, when Mr. Treats affirmed the truth of all I claimed as to that entry being wrong, my son imme diately turned to those gentlemen, and in a very contemptuous . and authoritative manner, asked—" what shall I do with such a man .'" or words lo that effect,- 2d. Did not Wm. V\', De Forest, at my own table not long after the above affair, on my saying lo him, that he had seve ral times interfered and interrupted me, in the examination of our hooks— drop his knife and fork, and with considerable em phasis say, " that is not true !" 3. During the pendency of our reference before the refferees, did not I complain of the abusive, illegal and cruel conduct of said Wm..W. in depriving me of ihe accounts I wanted, to prove to the referees, that our books were wrong; and did he not in your presence repeatedly declare, that our clerks should not dra\y off any more accounts for, rae? ^ 4th. Have I not often told him, in your presence, that his conduct towards me, as a father and a partner, would, if perse- Tjered in, destroy nol only the health and constitution, and pro bably the life of not only myself, but yours also ; and that it had already been the means of laying us both on beds of sick ness and distress ? 5th. Have I not for about three months past, or more, com plained to you, and to others in your hearing, of the foregoing and others acts of ill treatment and abuse on his part; and have I not constantly affirmed not only lo you, but also to others and to hini, that it was his conduct towards me alone, and not the state of our books, v*hich had been the whole arid only cause of all the distress and misery which I had suffered during the whole controversy about the right or the wrong of our books ? I do not ask you to say, Ihat the facts involved in the forego ing questions, are literally true,' as to the very words or forms of expression ; but are not the facts set forth in them, substan tially and in substance, correct and true ? Ans. All the facts involved in the foregoing questions are substantially, and in .^substance, correct and true. Signed M. DEFOREST. 28 And, pray sir, is not here evidence of cause, more than' enough, to break the heart of any parent, who had from their infancy consecrated his numerous children lo God, and endea vored faithfully to instruct and bring them up in the nurture. and admonition of the Lord ? Look at the melancholy spectacle of an elder son, in the pre sence of domestics, of his brothers and sisters, and also of hii mother, in a most supercilious manner, charging his aged fa ther with falsehood ! And can you contemplate such a scene as this, and not be struci with horror? .Must n.it even an gels weep at such a sight as this? But I forbear, my heart sinks within me at the recollection of that distressing scene. The following is from two mutual and most familiar friends, one of whom, Mr. .Treat, then wsis, and for years had been, an assistant in our office, and had heard and seen most of my son's conduct towards me, during the controversy w-ilh Burrill, as- well as afterwards. To these gentlemen I submitted the following questions— viz: New York, 18th May, 1833. SIr. James Treat : Sir, will you have Ihe goodness lo reply lo the following- questions, and say whether the facts refered to in them, are not subslanlially correct and true? 1st. While the controversy between Mr. Burrill and myself ¦tvas pending, did I not complain that Wm. W. De Forest inter fered and interrupted me, in the examination of my books, and in my getting the accounts drawn off which I called for ? 2nd. Either during that controversy, or nol long after, did I not lay before you, Mr. Monson, and Wm. W. De Foiest, the entry of 15th December, old books, and ask you in relation lo several items of that entry, whether they were correct, and did you not answer no — whether they were true, and did you not answer no — whether ihat which was not true was nol false, and did you not answer yes ? And did not Wm, VV, De Forest im mediately thereupon, address himself, either to Monson alone, or lo both him and you, and exclaim, what shall I do with such a man? or words to that effect. And did nol 1 express my in dignation at this remark, and the msinnet in which it was made, by remarking in substance, as follows— am I a mad raan because I demonstrate to you that our books are wrong ? Am I a de ranged man, and are you my master? And do yotj ask what you shall do with such a mani If so, you had belter send me lo a mad house ! Did not his exclamation and the manner of it, appear to you lo make a deep impression upon my feelings at the lime, and have you not since, frequently heard me speak of it, and claim that it was most abusive and in sulting to me? 3d. Have you not heard me complain of the abusive conduct of Wm. W. De Forest at my house, in charging me with false- 29 hood at my own table, and before my children and domestics ? 4lh. Have you not, while the controversy between him and rae, was pending befnre the referees, often heard me complain to him that he denied me the accounts I wanted, to show lo the referees wherein the books were wrong? 5th. And have I not from first to last, told j/om and him,, and others in y»ur hearing, that it was not the riglit or wrong of our books that troubled nie — that' they spoke fur themselves, and ¦were either right or wrong, whatever my opinion, or others. might be regarding them; but that it was his conduct towards me, which was the cause of all the misery and distress, which I and my wife had suffered during these controversies. — To all which, Mr. Treat replied as f/illows— viz : The facts involved in all the foregoing questions, are lo the best of my knowledge and behef, subslanlially correct and true ! Signed JAMES TREAT. New York, May 18th, 1833. And Mr. Monson replied to the same questions, as follows — viz : • New York, 21st May, 1833. I agree with Mr. Treat, in regard lo all the facts involved in the questions put to him by L. De Forest; and that he gave the answers to the questions put to him in No. 2d. Signed M. MONSON. And, pray air, is not here evidence of cause, more than suf ficient to render me miserable, without ascribing my distress and misery, to derangement of mind on the subject of our ac counts ? I am aware that this is not strictly le»»l testimony, but it possesses an inherent moral character, wbieh I trust will carry conviction to the minds of all who may read it. And, sir, it is in the face of all my own affirmations from first to last, and against such evidence as is here stated, that you have every where, and openly justified and vindicated his con duct towards me ; and which you attetapt to do in your letter to me — viz : " I must beg leave to say, that although some mo mentary irritation, and some inadvertencies of manner, have fallen to Wheeler's share, yet I have seen nothing in hira, but a sincere desire to promote the real benefit of the family, and lo pursue peace, by the most probable means." So then, according to Mr. Lord, the beet way to promote the real benefit of the fa mily, and the most probable means ^to pursue p|ace was, for my partner to abuse and insult me, the head of the family — to proclaim rae a deranged raan on the subject of these accounts : thus attempting to destroy my character and all my future pros pects and usefulness ; and then by violence and force acttially to strip me of all my dearest rights, as a partner and proprietor in our two floras, by locking up our books, and depriving me not only of a sight of them, but of any knowledge regarding the^ state of them, or even of my own accounts, and these measures 30 are enforced against me down lo the present moment. And, yet sir, it is in the face of facts like these, and numerous other and similar ones, which 1 forbear lo state here, that you can so plau sibly and fo easily vindicate his conduct towards me, as not only just and right, but even commendable on his part — aud that too on the. ground, merely as you say, that you have seen nothing in . him, but a desire to promote the real benefit of the family &e. VVell, sir, suppose indeed, you had not seen any thing else In 'him, does that disprove any of the facts above slated ? And are the charges I make against him, any the less true, on that ac count ? Besides 1 ask — is nol the very conduct which I charge upon him, the legitimate offspring of all your own secret coun-^ sel and advice to him from first to last ! And, pray, have you not yourself, every where, aud openly, borne your own testi mony against me, that I am laboring under" egregious delusion and warping of mind" on the subject of these accounts ? These facts need no comments, they speak for themselves. And here I leave them for your own solemn reflection. And now, dear sir, I once more, (and probably for the last time,) again make my solemn and earnest appealto you lo stop in your deluded and unjust course of conduct towards me. This letter will doubtless open your eyes to- many facts, of which before you had little conception, and which I most sincerely hope, may not only have the effect to show you the utter delu sion under which you have constantly labored ; but also, the en tire baselessness of the grounds of all your opinions, and the great injustice of all your conduct towards me. No man is more ready than myself to forgive an injury, if ac knowledged and retracted, and none more ready lo acknowledge and retract an injury when proved to be wrong. But, sir, here are facts and idemonslrationB which render it impossible for any one who reads them, for a moment to doubt that I have been entirely right, and that you and all my other opponents have been totally wrong. And, sir, however lightly you may . view the subject, I entreat you to remember that I hold you personally amenable, not only to me and my distressed and un happy family, but also to that public before whom you have every where, and on all occasions, borne your testimony against me, that I am wrong, for all the disastrous and most distressing consequences of your conduct towards rae. Happy, however, shall I be, if even now, your eyes shall be opened lo see the depths of misery, desolation and w.o, which your misguided and unjust counsels and advice, as well as your open and un disguised opiftions and conduct, have so largely contributed to bring upon me and my family — and your heart melted into penitence before God, as well as softened into some degree of tenderness, at least, towards one you have so deeply injured ! And now, sir, I have only again to say, that the door of re conciliation is for a while yet open— there is yet an opportunity for you, who have been the principle cause of all those untold 'i(iiieries and distresses which have been suffered, to retrace 31 your own steps, and to influence others who have been led on by you, to do the same ; and thus to restdre justice to me, end the blessings of peace, harmony, and concord, to our now unhappy, distracted, and disconsolate family — and may God in his infinite mercy, cause the light of truth, to dispel your prejudices, and the delusion under which you have labored ; and lead you at once, and joyfully, to retract the unhappy and mistaken course you have herelof9re taken against me. Very Respectfully, Yours, &c. L. DE FOREST. P. S. Since closing this letter, I find I was mistaken in sta ting, as I did in a former part of it, that no one of our corres pondents, except Mr. Monson, and Monson, De Forest & Son, had any connection whatever, with the entries and accounts submitted ; but the fact is. Baring, Brothers, & Co., are through the remittance account, old books, directly connected with them ; and as the account which is opened with them on the new books (see my book appendix, page 50) affords so clear and perfect an illustration, of the manner in which all the affairs, business, and books, of our two firms, have been conducted and carried on by our book-keepers; and as it furbishes such per fect demonstrations of the absolute impossibility, that our books can be right, and that Mr. Gould's interest can ever be ascer tained as the books now stand, I cannot but urge these facts, even now, upon the serious consideration of both you and Wheeler ; because they furnish the most undeniable proof, thai our books, on these grounds alone, are not only grossly w.roug, but that it is actually impossible they can pver be settled at all, as they now stand. Allow yourself for once, to read my exami nation of this account, page 47, of ray book, you there see, that the new firra, in consequence of the two additional accounts of Barings with the late lirra, being placed on Ihe new books in stead of the old, the new firm actually pocket the balance due on them to the late firm., which is $295 22; and the late firm lose it ! And yet, the new firm, had no more interest or concern in these accounts, than they had in the accounts, between Ba rings and the East India Oo. The same fact is manifest, in the two accounts of the voyage pr. Brig Paulina, and Srig Pauli na and owners, opened in the new books, by which the new firm, without a particle of interest, or concern with either, gain on the first a balance of $13,837 47 and lose on the second a balance of $7,620 42— see my examination of these two ac counts, page 49. Here, then, the new firm, by placing these ac counts on the new books, instead of the old ones, have pocket ed a clear gain of $6,217 05; and the late firm have lost it. And, besides this, I unhesitatingly affirm that neither these ac counts themselves, nor any of all the various other parties and accounts which are connected vvith them, can ever be settled at all, on either set of books, until they are all cancelled. on the new books, and duly entered on the old ones. The same course has, doubtless, been pursued vvith all the hundreds of thoji- 32 sands (rf dollars, of the business, affairs, and account.f, of the latefirm, which were outstanding, and unsettled at the time of il|| dissolution. And the books of that firm are of coi/rse, left just as they then stood, with the exception of the transfer of th«^ balances of the- various accounts, from time to time to tt)o new books; and all the affairs, business, and accounts of the old firra, as they came round, and as they came in, were placed upon the new books, instead of the old ones, where only they be longed ! And, pray sir, will you now, in the face of the forego ing facts, all of which. are demonstrated on the face of our books, but are doubtless new to you, still persist in bearing your testimony against me, that I am " under an egregious delusion and warping of mind" on ihe subject of these books 1 WiU you still "fearlessly pronounce me to be wrong'- in reference to these entries and accounts ? Well, sir, if you do, I shall cheer fully submit the facts and the whole subject, to the decision of an enlightened mercantile public. But, sir, ignorant as you profess yourself to be on this subject, it certainly must be impos sible, that you can look at the facts just slated, and the awfully erroneous Condition of both sets of books, which most inevita bly result from them, and not be perfectly satisfied, that on this ground alone, if there were no others, our books are grossly wrong. And consequently that all your secret counsel and ad vice against me, and all your conduit towards me, have beea- founded, on totally mistaken and baseless grounds. L. D. Pnotomount Pamphlet Binder YALE university library Gaylord Bros., Inc. Illllilllllllllllllllllllll llllllllllllllllllllllllllllll Makers I I I I I I I I II I I I I Syracuse. N.Y. Illl[lllllllililllllllllllllilllllliillll|llllllll| Pat. No. 877188 3 0002 0402? 6060 ¦¥'^ 'Cj 'ji/'M, --4-' .-.',-•¦ . v/