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THE

HAVANA ICE-HOUM

CONTROVEKSi:.

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THE

HAVANA ICE-HOUSE CONTROVERSY :

FACTS versus FALSEHOOD,

IN BEOARD TO TEANSACTI0N9 BETWEEN

FREDERIC TUDOR AND JOHN W. DAMON.

BOSTON:
PBINTED FOR THE AUTHOR.
1846.

INTRODUCTORY NOTICE.

Most of our countrymen having business with Havana, and
many who are nowise connected with the place, have heard
of the IcE-HousE Controversy, in which a distinguished gen
tleman of Boston has been involved, through the ingratitude
and treachery of a man of no note, an obscure mechanic, who,
owing his fortune to the generous confidence and liberality of
that distinguished gentleman, had made the same return that
JEsop tells us the viper did, when he struck his fangs into
the bosom by which he had been warmed into life.
The distinguished gentleman is Frederic Tudor, Esq., of
Boston, who, to the personal superiority of birth and education,
which confers so many advantages in a contention of this sort,
unites the many other advantages flowing from a numerous fam
ily connection and a large circle of influential friends in the_
higher walks of life. The ingrate who is said to have thus re
quited Mr. Tudor's generosity, bears the obscure name of John
W. Damon, which, whatever may be deemed its claims to
respect among those who know him, can scarcely be expected
to carry with it, into circles to which he is estranged, any weight
against the representations of Mr. Tudor, his family and his
friends.

But, fortunately for the cause of Justice, the voice of Truth
can receive from the Press a force which, bearing down all ob
stacles, makes it heard and respected even in regions where oth
erwise it could not penetrate. In the belief that this will happen
in the present case, the following Statement of Facts is put
into the shape requisite to becoming generally known.
It is founded entirely upon extracts from Mr. Tudor's own
letters, and other documents in his handwnriting. And these ma
terials will be seen not only to establish their own authenticity,
but to be of a nature to establish also the truth of the narrative
by which they are connected.

CONTENTS.

Pagn.
Chap. I. Statement of the Case now pending between Mr. Tudor and my
self. — Necessity for recurring to the Partnership formerly existing be
tween us,  9
Chap. II. History of the former Partnership between Mr. Tudor and myself, 12
5 1. 1821-3. Antecedent Relations between us,  12
§ 2. 1823. Partnership proposed by Mr. Tudor. — Terms of his Proposal
examined. — Points established by them,  13
^ 3. 1824. Partnership formedwith Mr. Tudor.— The BiU of Saleand Con
tract conveying to me one-fifth part of the Ice- House, &c., is written by
him. — Bearing of this Fact upon his Conduct afterwards in attempting
to avail himself of the alleged worthlessness of this Document. — The
Tenor of the Document examined, and its Meaning ascertained, with
reference to Mr. Tudor's subsequent Pretensions. — Fact that the Priv
ilege, of which he sold me a part, had no existence,  20
44. 1824-30. Difficulties in which I found myself involved as Mr. Tudor's
Partner. — Expiration of his Privilege. — Obstacles to its Renewal. — His
Anxiety and Efforts to obtain it. — New Lot for an Ice-House. — Necessity
for obtaining one. — Mr. Tudor's " Instructions" on the subject. — His in
sulting Deportment and baseless Charges. — Management of the Ice-
House. — Mr. Tudor's insulting, groundless, and ever renewing Charges
of Neglect of Duty. — His Pretension to reduce my Compensation. — Mis
sion of his brother Henry. — I retire from the post of Ice-House Keeper
in April, 1830. — Extraordinary Game played by Mr. Tudor on this sub
ject. — The Charge of the Ice-House temporarily resumed by me in Au
gust. — More of Mr. Tudor's Self- Contradictions. — New Privilege ob
tained August, 1830. — More again of Mr. Tudor. — My Position at the
close of 1830. — I depart for Boston,  30

1831. My Visit to Boston, Jan., 1831, and its unexpected Result. —
New Document from Mr. Tudor. — Its Nature considered. — His Diplo
macy.  Acknowled_gments contained in his Proposals. — The State of
his Exchequer, and the consequent Necessity of my Return to Havana
for an indefinite Period. — Mode in which the Money borrowed of me
was repaid. — Intrinsic Value of this Payment considered. — His last
Move in the Game commenced by him in 1829, respecting my ten per
cent. Compensation.— His Letter of March 23, 1831.- Accuracy of his
Portrait, as painted by himself. — My Return to Havana, April, 1831,- • • • 63
1831-33. Site for the Ice-House obtained,— Its Nature. — Conditions
attached by Government to the Permission to Build. — New Ice-House
built. — Breach of Faith on the part of Mr. Tudor in regard to the Cost. —
Difficulties with which I had to struggle whilst building the House.— —--
^Want of Funds. — Mr. T.'s Dunning for Remittances. — His Coffee and
Sugar Speculations. — 111 Health compels me to leave, July, 1833. — Mr.
T.'s subsequent " Generosity" on this subject,  87
1834. My Return to Havana, Feb. 1834. — New Difficulties with my
Partner. — Consequences of the heavy Advances made by me. — His In
struction forthwith to reduce the Price of Ice. — My Departure for Bos
ton in October, 1834. — Purpose of my Visit. — This Ground of Difference
between us is abandoned by Mr. Tudor, and his old Pretension to Re
duce my Compensation is substituted in its Place. — New Discove
ries made by him, in regard to the Nature of my Rights and Obliga
tions, and New Positions assumed by him. — Alternative presented
to me, to acquiesce in his old Pretension and new Positions, or submit
to the Confiscation of my Property,  107
1835-6. My Return to Havana in March, 183.5.— The Person placed by
me in charge of the Ice-House refused to allow me to resume it, and
holds out as the Agent of .Mr.Tudor. — My Visit to Boston in May, 1835. —
Mr. Tudor's Refusal to listen to me. — Legal Proceedings instituted by
me. — Decision of the Jiic: Avenidor in my favor. — Decision of the Tri
bunal of Commerce in my favor. — Appeal taken by Mr. Tudor to the
Alzadas. — The Case remanded back to the Tribunal of Commerce. —
Pending these Proceedings, Mr. Tudor pockets my Money. — The Case
carried by me int) the Supreme Court. — Possession of the Ice House
restored to me in November, 1836, by Sentence of the Supreme Court, 120
Nov. 1836 to July '37. Deplorable Condition of the Ice-House, and
imminent Risk of the Penalty of $4000 for a Failure of Supply. — Mr. Tu
dor's Treachery. — Arrival of his new Agent, Mr. Bacon, with a Cargo
of Ice. — His Demand and Stratagem, and the Result. — Provisional
Agreement with Bacon, — He refuses to sign Receipts, for Money
tendered to him for Mr. Tudor.— All Differences between Mr. Tudor
and myself referred to Arbitration. — Delays interposed by Bacon. — His

last Proposal.— His Death.— Mr. Tudor's Determination to renew Litiga
tion.— His Letter of January 11, 1837.— My Letter of December 17, 1836.
—My Letter of February 1 1 , 1837.— My subsequent Letters,  127
§ 10. July to Dec. 1837. Mr. Tudor's determination " to drop Law as he
would a hot iron." — His Letter of July 8, 1837. — My Replies, August 23,
25, and 28, and September 1. — His Letters of September 22, and October
6.— My Reply, October 21.— His Letter of October 12.— My Reply, No
vember 11. — His Letter of October 26. — My Reply, December 3. — His
Letters of November 15and IS, pressing for further Remittances. — Cir
cumstances under which this Demand is made. — My Reply, December
21. — His Letter of Dec. 1. — His new Declaration of War, December
16. — Falsity of the Pretext on which he puts it. — Artifice used by him
to give it Plausibility. — Misstatements respecting his own Letter of Oc
tober 6 — Suit instituted by him at Boston. — His Letter of December 18.
— Peremptory Order to reduce the Price of Ice. — Circumstances under
¦which it is given. — My Reply, January 6. — Review of the Year 1837,- • 155
§ 11. 1838. Last Year of the Privilege obtainedj^n J830.— I apply for a Re- ^
newal of the Privilege, and inform Mr. Tudor of it. — Measure adopted
be me to secure to him and myself our respective Shares therein, on the
same terms on which we had originally become connected. — He makes
no Reply to my repeated Inquiry, whether he consents to become a Par
ty to the now Privilege. — My Application is granted by the Authorities ;
but the Business of closing the Contract with them is kept in suspense
by me, waiting for Mr. T.'s Answer. — An Answer finally extorted from
him. — Its Character. — Power of Attorney from him, and Letter accom-
panyingit. — Insufficiency of the former and treacherous Nature of both.—
This Answer leaves me no Option but to close the Contract in my own
name. — Mr.T. informed of this and that I am still willing to admit him. —
He despatches Mr. Fenno to Havana, as his Attorney. — Nature of the
Power under which F. is sent to act. — Proof embodied therein, of Mr.
T.'s Non- Acceptance of my Offer, and of his treacherous Designs. — Set
tlements of Accounts with Fenno. — Fenno returns to Boston. — Conflict
between our Statements respecting what had passed between us on the
subject of the new Contract. — Circumstantial Evidence in Support of
the Truth of my Statement. — More of Mr.T.'s Treachery. — New Attach
ment on my Property at Boston. — Bills drawn by him. — My Offer to
purchase his Share of the Building erected in 1831-3. — Demolition of
the Building ordered by the Captain General. — Absurd Calumny on the
subject.- Suit instituted by Mr. T. at Havana,  185

CONTENTS OP THE APPENDIX.

(A.)
Contract between John W. Damon and the Authorities of the city of Havana. 225.
(B.)
"Memorandum of Proposal to Mr. J. W. Damon," from Frederic Tudor, May,
1823. 226. (B. B.)
Bill of Sale from Tudor to Damon. 228. (C.)
Renewal of the Privilege. — Extracts from Damon's Letters to Tudor, showing the
trouble and anxiety about the Privilege. 229.
(D.)
Mr. Tudor's_;?rsf Pretext for confiscating one half of Damon's stipulated Compen
sation. — " Improper Letters." — His Munificence illustrated. — He "endeavors to
be particularly moderate," and levies upon my one-fifth Share a Tax of no more
than $tOO per annum. — Service of keeping and remitting his Money thrown
upon me, and peiformed gratis. — Loss of a Remittance of $400 charged to my
Account. — Cabbage Commissions charged, and Dog's-Meat Charges dis
allowed. 234. (E.)
The post of Ice-House Keeper relinquished by'me, April 17, 1830. — Resumed
temporarily, August 27. — Again relinquished, December 21. — Game played by
Mr. Tudor in regard to this matter, and kept up by him for a twelvemonth. —
Our Correspondence renewed by him. — His Love for Strict Discipline exem
plified.— My Notification to him regarding Payment of certain Notes of his
held by me.— Novel Illustration of the legal Doctrine of" Set-off." 242.
(F-)
Extracts from my Letters, showing the extraordinary Non-committal Game played
by Mr. Frederic Tudor towards his Attorneys, Messrs. Scull, Storey & Co
and towards myself, in regard to the closing of the Contract for the Renewal'
of the Privilege, which Game terminated with his Letter of December 10 1830
announcing that all Connection between us had ceased, and that he did" not
accept the new Contract." 260. (G.)
First Settlement of Accounts'between Mr. Tudor and myself.— A Sample of mv
Trials in this respect. 266. i ' '"r

THE HAVANA ICE-HOUSE CONTROVERSY.

CHAPTER I.

Statement of the case now pending between Mr. Tudor
and myself. — Necessity for recurring to the Part
nership formerly existing between us.
On the 23d day of August, 1838, a public contract (a) was
entered into by me (John W. Damon) with the Ayuntamiento
(City Council) of Havana; whereby, upon the terms and con
ditions therein set forth, I acquired, for the term of ten years
from the 1st of January, 1839, the exclusive privilege of supply
ing said city with ice.
Mr. Frederic Tudor, of Boston, has advanced a claim to be
considered my partner in said contract, as the owner of an inter
est of four fifths of the same.
Such is the nature of the legal confroversy now pending be
tween us ; and the only point presented by it is, the simple
question : whether said Tudor is, or is not, a partner in said con
tract. I
It requires but litlle knowledge of the principles of law, to
perceive, that the decision of this question cannot, legally, any
more than by the rules of logic and the dictates of common
sense, — in any manner depend upon any partnership which
may formerly have existed between the same parties, nor upon
the line of conduct which may have been pursued by either of
them towards the other. Neither can it depend upon the ques
tion, whether, in obtaining said contract for myself alone, to the
exclusion of said Tudor, I did or did not fulfil the obligations
(a) See Appendix (A.)

10
of good faith towards him. Let it be supposed, that, in the as
sociation formerly existing between us, Mr. Tudor had been
defrauded by me to ever so great an amount. Add to lhis sup
position the further supposition, that, in obtaining said contract
for myself alone, I had abused the confidence of Mr. Tudor,
and acted towards him wiih the utmost ill faith. Still, il would
be an incontrovertible truth, that these facts, or any possible facts
of this nature, however strong and however flagrant they might
be against me, could not have any proper connection with the
question just stated. They might be of a nature to subject me,
before the Tribunal of Public Opinion, to the severest reproba
tion ; and before the Tribunals of Law, to the most condign
personal punishment, and the most onerous pecuniary retribu
tion in favor of Mr. Tudor, slill ihey could not affect the ques
tion, whether that individual is, or is not, a partner in a certain
Public Contract, entered into under all the formalities prescribed
by law, with the Ayuntainiento of Havana. To this question,
they would be altogether irrelevant and inapposite.
This incontrovertible truth is apparently too simple and obvi
ous to be ovei'looked. Unfortunately, however, for the cause of
justice, the case now pending between us has not been permitted
to remain in the state proper lo its true nature. This was too
simple to allow scope for those misrepresentations, upon the
vague and undefined influence of which Mr. Tudor could alone
build any hope of sympathy from men of probity, or any hope
of success to his cause. No advocate retained to maintain that
cause, could fail to see at a glance, the impossibility of sustain
ing a pretension so unfounded and so preposterous, if presented
in its own naked shape, and made to rest upon its own naked
merits. Hence the necessity, on his part, of complicating and
confusing the subject, until the true nature of the case should be
merged and buried out of sight, in a mass of matter altogether
foreign to it. For this purpose has the history of the anterior
relations between Mr. Tudor and myself been resorted to, and
ransacked for incidents calculated to awaken sympathy in his
favor ; to produce the impression that he has been a wronged
and injured man ; that but for ill faith on my part, he v:ould have
been a partner in the contract; and that, consequently, viewed in
the light of natural justice, his is the right side of the controver
sy. A picture has been presented of a generous and magnani
mous patron, belonging to the higher order of society, taking by
the hand an obscure mechanic, " a poor miserable carpenter,"
befriending him, confiding in him, and thereby raising him from
his native insignificance and poverty, to importance and wealth ;
and after thus proving his benefactor, experiencing at his hands
ingratitude, treachery and fraud.

11
Such is the picture that has been presented, to supply the
place of argument appropriate to the nature of the case ; because
the nature of the case was such as to preclude the possibility of
any thing in the shape of a fair, open and direct argument in
support of the affirmative of the question. Such is the purpose
for which subjects entirely irrelevant to the case, have been in
troduced; and the history of my previous association with Mr.
Tudor, and the alleged demerits of my conduct towards him,
have been substituted for the simple point which presented itself
for discussion and decision.
This course on the part of Mr. Tudor and his advocates, has
imposed upon me the necessity of meeting them on their own
ground. True, it is as little in my power as in theirs, to change
the essential nature of the case now pending between us; or to
make its decision turn upon the truth or the falsity of their repre
sentations respecting the conduct observed by me towards Mr.
Tudor, or upon any other irrelevant matter. The law, — framed,
as it is, in accordance with the dictates of reason and common
sense, — pronounces those representations to be irrelevant to the
case; and that, whether true or false, they cannot influence the
decision of the case. It is not in my power to control the laws,
and\ to say, that upon these matters, irrelevant though they be,
the decision shall be made to turn. Nevertheless, though I can
not substitute the truth or the falsity of these representations for
those points upon which the law has predetermined that the case
shall turn, I can meet my antagonist on his own ground. I, too,
can recur to the past relations between Mr. Tudor and myself.
In the place of those fictions, by which he has sought to divert
the course of law and justice, by exciting antipathy against me,
and sympathy in behalf of himself, I can, and I will, give the
truth. This will have the power to confound, if not to silence,
him. This will show, that so far from his having any ground
for complaining of fraud or ingratitude at my hands, the ground
for such complaint lies entirely on my side. This will show
that I have acted towards him with the utmost forbearance and
delicacy ; with forbearance carried to the very last extreme, under
every possible provocation from arrogance and injustice. It
will belong to the reader to judge, whether, so far as Mr. Tudor's
interests have suffered, they have not been made to suffer by
himself, and no one else; whether the effect was not inevitable,
and whether this effect can be traced to any other cause than his
own inordinate selfishness and despotic temper; to any other
cause than qualities in himself, precipitating him into a course
of injustice, duplicity and treachery, as well as a career of wanton
and senseless litigation ; some of his steps in which could be

12

dictated by sheer malice and vindictiveness alone, so remote and
so uncertain was their bearing upon the only beneficial result he
could promise himself from any part of the proceeding — that oi
intimidating or harrassing me into the surrender of my property
and my rights, at his dictation.

CHAPTER II.

History of the former Partnership between Mr. Tudor
and myself.
§ 1. — 1821 - 23. — Antecedent relations between us.
The Partnership by which it has been the mutual misfortune
of Mr. Tudor and myself to be connected, as owners of the
Havana Ice House, and purveyors of ice to that city, began in
the year 1824.
For some years previously, I had been in his employ at vari
ous places and in various capacities, — beginning with that of
carpenter, — relating to the ice business, which he is known lo
have established and successfully prosecuted in many parts of
the world.
Among those places was the city of Havana ; from the au
thorities of which he had, early in the present century, if I mis
take not, obtained a Privilege for the introduction of ice; and
this business having been broken up by the war of 1812-15,
between the Uniled States and Great Britain, it had, two or
three years after the restoration of peace, been resumed under a
new Privilege ; in connection wilh which, he had obtained from
the same authorities permission to erect a building upon public
ground in the Plaza San Francisco, on the express condition
that it should be demolished and removed by him whensoever this
should be required by them.
At the close of the year 1821, — as is shown by Mr. Tudor's
letter to me of the 14th December, 1821,-1 was selected by him
as his agent, to proceed to Havana and take charge of the ice
house ; the compensation fixed for my services being '^ ten per
cent, upon the gross sales of ice."

13

§ 2. — 1823. — Partnership proposed by Mr. Tudor. Terms of
his proposal examined. Points establislied by them.
In May, 1823, Mr. Tudor, being then at Havana, proposed to
me to become his partner, upon the terms set forlh in a docu
ment (see Appendix B) which I yet possess, in his handwriting,
bearing date May 5, 1823, and headed, ^^ Memorandum of Pro
posal to Mr. J. W. Damon."
This document is, as will be seen in the sequel, of great value.
It is fraught with conclusive proofs in regard to the nature and
terms of the understanding and agreement, upon which I after
wards became Mr. Tudor's partner ; proofs which preclude all
doubt respecting the injustice of the attempt made by him at a
long subsequent period, and respecting the falsity of the ground
assumed by him in regard to the nature of the rights acquired
by me in acceding to his urgent wishes.
I will here extract a part of it : ''I will sell one tenth of the
ice-house, and rights appurtenant, for $3000, payable in 1, 2,
and 3 year.-, with interest. The sale lo be made the 1st of January
next, say when you are in Boston. Or I will contract to sell
you the same share for one dollar at the end of the term proposed
below, together with another tenih for three thousand dollars, if
you arc willing to return here, [Havana] conducting the business
as at present, and remain here two years and a half, that is to say,
three summers. You will then have one fifth of the concern for
$3000 paid.
' It is understood, when a partner in the concern, you are to
undertake to look after tlie business; and, when it shall be
necessary, to come here, [Havana.] Although you would, per
haps, do this for your own interest, it is necessary to me that it
should be agreed for.
" Afier you have accomplished the time which I am desirous
you. should remain here, you are, in your occasional visits, to be
allowed say $2 a day, during your absence from Boston on the
business. " At the termination of the present year, you will be better
able to know what the business will, in all probability, amount
to, and 1 make the pioposition to you absolutely, and give you
the offer of accepting it, until the 1st of January next.
" It is my wish to keep you here in good pay, for some time, {aa)
(aa) Considered apart from the rest of the proposal, this would seem to imply, that
my right to be employed. " conducting the business as at present," was to be limit
ed to "some time;" which words refer, of course, to the term before specified.
This interpretation is, however, precluded by the context. That proves the mean-

14
and not asking you to run risks, but making you the one dollar
offer and ihe further right of purchase at the termination ot the
3 summers for $3000 to complete your fifth interest, although it
may be worth more. If it is worth less, you are not bound to
take it. .^ . r
" By a steady conduct of the business, with a unilormity oi
supply, you will know what the business ought to be ; and the
agent who may be subsequently appointed be checked by the
records of five years which will be known to be correct.
" It is no object to me to sell, unless all the personal attention
which may be necessary here, [at Havana,] shall be given by the
purchaser, with an allowance as above slated, for his expenses
To be relieved from personal attention to the business, parlicu-
larly here, is very desirable to me.
" The present house is guaranteed to stand against being
removed by ihe authorities of the place, for three years ; (b) and
the new house to be built at the expense of my four-fifths; your
fifth, instead of paying, is lo be made up by your attention to
the erection, and the concern charged with the $2, unless you
are here selling ice as at present."
Mr. Tudor winds up by saying, " Should you return home in
December with a view of coming out here again, I am willing
to be charged two doubloons if you come by the way of Balti
more or Philadelphia, rather than by the way of Cape Cod in
that stormy season."
This shows how solicitous Mr. Tudor was about my personal
safety, in the event of my leaving Havana, " at that stormy
season," with an intention of contimdng in his service, or of
becoming his partner. The previous extracts serve to establish
points which Mr. Tudor's subsequent course renders it necessary
ing of the present passage to be, not that my right in this respect was to be so
restricted, but that Mr. Tudor would be satisfied with securing my services for the
period named by him. This was all that he asked in exchange for what he offered
to give; and beyond that period, my continuance in the post was to be optional
with me alone.
It will be seen in the sequel, that he attempted to reverse the matter in both re
spects ; by asserting that, agreeably to what he had " all along understood," he had
an absolute right to deprive me of the employment at any moment he might see
fit, whilst I was bound to reside at Havana so long as he might please so to " order."
(6) What right he had to give any such guarantee, and how far it was effectual to
secure my peace and quiet, will appear in the sequel. It will be seen that the
only ground which his guarantee had to rest upon, was in liis doctrine, that, "in a
Spanish country, possession is more than nine points in the law," and that although
he had no right, (and was under a solemn engagement to remove, so soon as the
authorities should give the word,) it would require the whole power of the King
of Spain to dispossess him in less than six years ! And this doctrine I was " in
structed" lo enforce!! [For the letter in which this doctrine is particularly set
forth, see § 8.1

15
that the reader's attention should be specially called to. It is
seen, that,
1. First. Mr. Tudor here proposes to " sell one tenth of the ice
house and rights appurtenant, for $3000, payable in 1, 2, and 3
years with interest ; the sale to be made on the 1st of January,
1824." The only stipulation on my part required by him is,
that, " when a partner in the concern," I should look after the
business; and, for the purpose of doing so, visit Havana when
this should be necessary.
2 Secondly. Mr. Tudor makes another proposal, to wit : that,
if I should be " willing to return here, [Havana] conducting the
business as at present, and remain here two years and a half,
that is to say, three summers," he would bind himself by contract,
to sell me, at the expiration of that term, one tenth for one dollar,
and another tenth for $3000.
" Conducting the business as at present, " meant, at the compen
sation of ten per cent, upon the gross sales, which had been fixed
in 1821, and had continued ever since. Here, then, Mr. Tudor
offers, that if I would continue at Havana in his service during
"three summers" more, my compensation for so doing should
be, not only the ten per cent, upon the gross sales which I was
then receiving, but, in addition thereto, the ownership of "one
tenth of the ic3-house, and rights and appurtenances." This
is what he was willing to bind himself to sell me '¦\for one
dollar" in other words, to give me, at the end of the two years
and a half Moreover, as a further inducement slill, to pass
these three summers at Havana in his service, and as a further
compensation for so doing, it was to be optional with me, at the
expiration of the term, to purchase or not, at my pleasure, another
tenth of Mr. Tudor's "ice-house, rights and appurtenances," for
the sum of $3000. He would bind himself to sell it for this
sum, however great its value might by that time have become ;
whilst, on the other hand, should it be worth less, I was not to
be " bound to take it."
In regard lo this second offer, as in regard to the first, the only
stipulation on my part, required by him is, that, when a partner
in the concern, I should look after the business ; and, for this
purpose, visit Havana when necessary.
It is to be observed, that by the words " when a partner in the
concern," nothing else could be meant by Mr. Tudor, nor
understood by me, than this, to wit : v}hen the sale which Mr.
Tudor proposed to make, should have taken place, supposing his
first offer to be accepted by me, then the sale was " to be made
on the first of January next," [1824.] Supposing his second offer
to be the one accepted by me, then he was immediately to

16
" contract to sell ; " and the sale itself was to take place at thS
expiration of the term of two years and a half. In either case,
so soon as the sale should be effected, Mr. Tudor would have
ceased to be the owner of the share sold by him in " the ice
house and rights and appurtenances ; " and I being the pur
chaser, would have become the owner. And he remaining the
owner of one part, [four-fiftiis] whilst I had become the owner
of the other part, [one fifth] I would necessarily be, ipso facto,
" a partner in the concern."
It is to be observed also, that the stipulation requiring me to
reside at Havana had no application to the time when I should
have become " a partner in the concern." My residence at
Havana for the " three summers" was the consideration, which,
in the event of my accepting the second offer, was to be given
by me in payment of one of those two tenths, the other of which
was to be paid for in money ; and under this one of the two
proposed arrangements, I was not lo become a partner until
after this term of residence should have expired. Agreeably to
the first of the two proposed arrangements, I was to become a
partner " on the 1st of January next." In neither case was I,
after becoming a partner, to be under any obligations to reside
at Havana ; I was merely to visit it "when necessary." [bb.)
3. Thirdly. As a further inducement to me to accept his pro
posal, Mr. Tudor offers to guarantee that there shall be no
necessity to procure a new site for carrying on the business until
the expiration of three years.
4. Fourthly. And finally, as another inducement yet, he
engages that, if I will consent to become proprietor of one fijth
of the concern, the new house shall be built at his sole charge,
as owner of the remaining four fifths ; the personal " attention
to the erection," which I was to give, being considered as an
equivalent for the contribution to which my one fifth would
otherwise be subject, (c)
(bb) It may perhaps occasion surprise, that so many words should be bestowed
upon points, in themselves so perfectly obvious. This surprise will, however, cease,
or at least receive a new direction, when the reader is informed of the fact, that
abusing the reliance pl.iced by me in his good faith, in permitting him to write the
document whereby this proposal was carried into effect, and 1 became his partner,
Mr. Tudor, at a subsequent period, (in 1835,) denied my ownership of any part of
the concern; maintaining that my interest of one fifth depended entirely on my
continued residence at Havana; or, as he expressed it, was •'essentially founded on
your residence m Havana;" that I was bound, on penalty of its instant forfeiture to
continue to reside there as long as he might choose, whether it should or should
not please him to " give " me the post of ice-house keeper, or whether it should
or should not suit me to hold it, on such terms of compensation as he miuht nlease
to fix ! a i-
(c) Such was the obligation contracted by Mr. Tudor, when intent upon inducinff
me to become his partner. Aftei- this object had been secured, as will be seen in

17
5. Fifthly. Though evidently anxious to secure my constant
personal attendance at Havana, as deemed by him highly impor
tant to his interests, Mr. Tudor limits his requirement in this
respect to the term of two years and a half. It was for this term
of residence, that he proposed to compensate me by selling me
a one tent/i interest for one dollar, besides allowing me the ten
per cent, upon the gross sales during that term, and engaging to
exempt my share in the concern from all pecuniary charge for
the erection of the new house, which was to be our common
property in the proportion of four fifths, and one fifth. After
this term of residence should be fulfilled, I was to be at liberty
to reside at Boston, or wherever I liked. After that, I was to be
bound only to visit Havana when it should be necessary to give
to the business there that personal attention, from the burthen of
which, Mr. Tudor wished to be relieved ; and, in these " occa
sional visits," I was " to be allowed, say two dollars a day during
your [my] absence from Boston on the business."
But, although Mr. Tudor did not require me to reside at
Havana for a longer period than the two years and a half, the
same motives which prompted him to offer me the inducements
held out as my compensation for that limited residence, — these
same motives existed for his wishing that I should continue to
reside at Havana after that period. This wish iv as -entertained
and expressed by liim. And, suppose that it should be acceded
to by me ; suppose, that, at the expiration of this limited period,
I should be willing to prolong my residence at Havana indefi
nitely, in charge of our joint property and business; what was
then to be the compensation for my services ? This question
finds an answer in the passage of Mr. Tudor's proposal just
under consideration ; that which relates to the building of the
new house.
It is to be observed, that he here guarantees that there shall be
no necessity for a new house until after the expiration of the
" three summers" for which I was to engage to reside at Havana.
When the new house should be constructing, I was to give my
"attention to the erection," in lieu of that contribution in money
which would otherwise be due from me as the owner of one undi
vided fifth of the establishment. But was the compensation for
my services, previously stipulated for, to continue during the
the sequel, and after " the new house to be built," had been built, and not only my
"attention," but the work of my hands, given "to the erection;" when all this
was past and done, Mr. Tudor insisted that the expense should not be charged to
his four fifths, but to the whole concern, including my one fifth! And in this in
stance, as in others of the same kind, he carried his point, through my strong re
pugnance to have recourse to that remedy which, on occasions of the sort, was
pointed out to me by the phrase, " the courts are open."
3

18
time I should be thus giving my "attention to the erection?"
Mr. Tudor engages that it should continue; and this engage
ment is so expressed by him as to afford an answer to the ques
tion which now occupies us. He says, that during the period
that the house should be building, "the concern" should be
"charged with the two dollars, unless you are here selling ice as
at present." That is to say, if, at that future time, I should have
ceased to reside at Havana, then and in that case, I was to repair
to Havana for the purpose of superintending the erection of the
new house, and whilst so engaged I should receive the per diem
allowance of two dollars, previously mentioned in Mr. Tudor's
memorandum. But, if my residence at Havana should not then
have ceased, in this event I would still be " here, selling ice, as
at present;" in other words, at ilie compensation of ten per cent.
upon the gross sales.
Although the document contains no formal stipulation upon
this point, we here see, therefore, proof in regard to the wishes
and intentions of Mr. Tudor, and the assurance held out to me by
him. He did not require me to reside at Havana longer than
the two years and a half; but, if at the expiration of that period,
I should be willing to continue to reside there, he would ask no
thing better than that I should so continue on the same terms
"as at present," receiving for my compensation the " tenper cent.
upon the gross sales of ice."
It is true that this assurance was not given with reference to any
determinate period. Mr. Tudor did not expressly stipulate that
this rate of compensation should continue all my life, or so long
as I might continue disposed to reside at Havana. But neither
did he fix any limit to its duration. And, taking every thing into
consideration, the anxiety so strongly evinced by Mr. Tudor to
secure my services, and particularly lo induce me to become his
partner; the gift of one tenth part of the concern, and the exemp
tion of my share from all charge for the cost of the new house, —
both of which were held out to me as inducements, ouer and above
the compensation of ten per cent, on the gross sales, to agree to
reside at Havana merely for three summers, — taking all this into
consideration, no candid person wifl, I think, feel inclined to
dispute, that the mode in which this assurance from Mr Tudor
was understood by me was the mode in which I had a rio-ht to
understand it, and in which it would naturally be understood by
everyone, to wit: that, unless something altOi;ether unforeseen
and extraordinary indeed should happen ; unless the nature of
the business, or of its profits and results, should become in a
most remarkable degree different from what it then was, or could
then be anticipated to become ; unless this ground for a chano-e

19
should occur, the ten per cent, compensation was secured to me so
long as I should be willing to reside at Havana, in charge of the
business. 6. Sixthly. The interest here proposed to me by Mr. Tudor is
not merely in "the ice house, and rights appurtenant," actually
existing and possessed by him at that time ; but it is prospective,
and embraces a share in all rights arising from any future renew
al of the Privilege, and in the appurtenances and property, "new
house " and all, to be connected therewith. The interest which
he wishes me to purchase is a permanent interest ; to endure so
long as he might continue to hold the Privilege ; or, should he
fail to obtain its renewal, then, so long as he might continue to
be engaged in the ice business at Havana. Just so long as he
should have the right to carry on that business, and the ability
and disposition to do so, just so long was a share in his right
and his business and the appurtenances (including the " new
house") to be mine.
This results necessarily from the very nature of the proposal,
when considered with reference to the nature of the business
and property to which it relates. It is directly proved by the
terms in which the proposal is expressed, and most particularly
and irrefragably proved by certain parts of the proposal.
Take, for instance, that part which relates to the building of
the " new house." Mr. Tudor offers to guarantee that we shall
not be disturbed in the occupancy of the existing house for the
space of three years. It was not until after this period, that the
new house was to be built, or, at any rate, was to come into use.
Now, without entering here into the question how long his exist
ing Privilege {d) might then have yet to run, it is evident that un
less the unexpired portion of it was very considerable indeed, he
could not have thought of incurring all the trouble and expense
of building a new house, except with a view to continue the busi
ness after the term of the existing Privilege should have expired.
On any other supposition, of what use would the new house be
to him ? or how could it be an object to me to own one fifth
of it?
(d) Not to complicate the subject, I speak here as if Mr. Tudor, at that time, really
possessed a Privilege. This was my belief at the time. The truth of the matter,
as will hereafter be seen, is, that he had no Privilege. This existing Privilege,
which Mr Tudor sold me a share of in 1824, was More-existent. It will also be seen
in the sequel, that, in the face of this fact, and of the entire tenor of his own pro
posal, Mr. Tudor, some years afterwards, (in December 1830,) actually had the
conscience to threaten me with litigation upon the point now under consideration :
saying, that it should " be determined by the lawyers," whether, " at the end of
the old contract with the Government," (a contract which had actually expired —
although he left me to find this out for myself afterwards — before our connection
commenced) he was not at liberty to say, that our connection was terminated, and
I no longer had any interest in the concern !

20
Again, on comparing Mr. Tudor's two offers, it is seen that by
the one he oroposes to sell one tenth on the 1st of January, 1824,
for the sum' of $3000 ; and by the other, to sell that same share,
three years after the 1st of January, 1824, for the same sum of
$3000. Now, this valuation of the same share at the same
price, in 1824 and in 1827, (when the existing Privilege would
have three years less to run) is manifesfly inexplicable on any
other supposition than this, to wit: that it was Mr. Tudor's
expectation to obtain a renewal of the Privilege when it should
expire, or his intention to confinue the business, whether he ob
tained the renewal or not; and that the interest which he proposed
to sell me was a permanent interest, embracing all future rights,
&c., as weU as those then existing.
§ Z. — 1S2A. — Partnership formed loith Mr. Tudor. The BUI of
Sale and Contract, conveying to me one fifth part of the ice
house ^c, is ivritlen by him. — Bearing of this fact upon his
conduct afterwards, in attempting to avail himself of the alleged
worthlessness of this Document. — The tenor of the Document
examined, and its meaning ascertained, with reference to Mr.
Tudor's subsequent pretensions. — Fact, that the Privilege, of
which he sold me a part, had no existence.
Partnership formed. Mr Tudor's proposal bears date early
in May, 1823, and allowed me " until the first of January next," —
that is to say, eight months' additional experience of the nature
and value of the business, — to come to a decision. So little
ambitious was I of the honor of becoming his partner, that I
periTiitted this long term to expire without availing myself of his
offer. After its expiration, as is shown by the memorandum
written by Mr. Tudor's hand at the foot of his original proposal
it was renewed by him and again declined by me. A few days
after, however, in an evil hour for me, I finally allowed myself to
be persuaded into a step which, limes without number, he has
given me cause to regret most sincerely. On the 29th of Jan
uary, 1824, we became partners ; and my little fortune became so
bound up with the fitful capriciousness ; the domineering, dic
tatorial, contumelious spirit; the reckless injustice, and the
wanton vindictiveness of Mr. Frederic Tudor, as to place me
for the better part of my life under the necessity of bearing the
trials to which these qualities subjected me, as the only alterna
tive to abandoning to his greed the property earned by the sweat
of my brow, and saved by my frugality, that frugality which,
congenial to my character, but contrasting wilh the princely
expenditure appropriate to his, was once made by him the

21
subject of friendly remonstrance, in the shape of the conde
scending remark, " Damon, you do n't spend enough."
Having made up my mind to become his partner, I preferred
to become such absolutely, and at once, by the present definitive
purchase of that one fifth share wdiich he had proposed to me to
acquire by paying for it, partly by the two years and a half resi
dence at Havana, and partly in money at the expiration of that
term. In other v/ords, I accepted his^rs^ offer; wilh the modifi
cation merely of purchasing one fifth instead of one tentli, and
paying $6000 instead of $3000. This, it is to be observed, left
me free in regard to my residence at Havana. On referring to
the foregoing examination (§ 2) of the terms of Mr. Tudor's pro
posal, it will be seen, that ray obligation to reside at Havana
was to exist only in case of my binding myself to render my
services for "three summ;'rs," in payment of one half of my
fifth part. By paying for the entire fifth part in money, ($6000,
instead of the proposed $3000,) I remained free to reside at Ha
vana only so long as it might suit me so to do, the only thing
obligatory upon me in this respect being, that " when necessary"
I should visit Havana, for the purpose of looking after the busi
ness, with the conduct of which at Boston Mr. Tudor charged
himself. Bill of sale. — The arrangement being completed by the
payment of my money for a part of the sum, and the giving of
my promissory note for the balance, it followed, as a matter of
course, that I should receive in return, some evidence of the rights
acquired by me ; some written proof that I had become interest
ed in the business and property, as the owner of one fifth part,
and entitled to the administration at the ten per cent, compensa
tion. And here, Mr. Tudor's superiority in point of education came
into play. Being nothing but a "poor miserable carpenter," —
a fact since adduced to the Tribunals on behalf of Mr. Tudor,
in proof of the justice of the allegation that the property now
possessed by me must be due, not to the industry and frugality to
which he knows it to be due, but to a course of treachery and fraud
by which he has been the sufferer, — being at that time nothing
but a " poor miserable carpenter," my hand was necessarily
more familiar with the saw and plane than expert with the schol
ar's implement, — the pen, — or conversant with the tricks of the
law and the niceties of legal conveyances ; and the task of drawing
up the document which was to serve as proof of the transaction
between us naturally devolved on the hand of Mr. Tudor. The
understanding and agreement between us was perfectly clear and
explicit, and I had no distrust whatever of Mr. Tudor's rectitude

22
and fair dealing. I took for granted that the instrument written
by him was, — as it seemed to me to be, — sufficient for every
purpose ; and it was signed and exchanged between us, without
a thought on my part that any mischief could ever grow out of
the confidence thus reposed in him. The idea did not enter my
head, that this document could ever give rise lo questions as to
its meaning; or, supposing it should leave room for such ques
tions, that Mr. Tudor was capable of desiring to take advantage
of anything of the sort.
This document wifl be found in the Appendix, (B. B.) In
the eye of those skilled in the law, (which, by the way, Mr. Tu
dor, at a subsequent period, tauntingly told me " is a very differ
ent thing from equity,") in the eye, then, of those skilled in the
law, as contradistinguished from equity, it may, — as Mr. Tudor
has since maintained that it does, — amount to nothing at all; it
may secure to me neither the ownership of the fifth part sold to me,
nor that right to the custody and care and management of the
property, on the strength of the assurance of which I consented
to become a purchaser. In a word, it may in all respects leave
me entirely at the mercy of his generosity and magnanimity. If
this really be its character, I can only point to the document enti
tled " Memorandum of Proposal to Mr. John W. Damon," and,
having done so call upon Mr. Tudor's generosity and magna
nimity, his justice and veracity, all combitied, lo testify to the
point, whether this supposed worthlessness of my Title-Deed was
the result of design on his part, at the time it was drawn up by
his pen ; or whether it is only of late years that he has become
conscious of it and has intended to avail himself of it. Let
him depose and say, whether, at the time of drawing it up,
he inwardly intended that it should not carry into effect ihe
agreement between us, founded on his own written proposal;
or whether its alleged inefficacy for any such purpose be a com
paratively modern discovery of his or his lawyer's, and the de
sign to avail himself of it a design growing out of that discovery.
Upon this point, he, of all men living, has the best right to
speak. Upon this point, his testimony alone is worth inore than
the combined testimony of aU men living besides. To him,
therefore, does it belong, — emphatically belong, to decide it.
Not so, however, in regard to that alleged worthlessness of the
Tille-Deed written by Mr. Tudor, which was subsequenUy sup
ported by him, and asserted by him, to leave me entirely at his
mercy. This is a point upon which his testimony is worthies.?,
absolutely worthless. The Title-Deed must speak for itself, and
if it leave room for doubt, other sources of evidence than Mr.
Tudor's words, — unless, indeed they operate against himself, 

23
must be had recourse to. Fortunately, however, this Tifle-Deed,
is in all points save one, a very good' document in itself; nay, a
perfect document: for, save in that one point, it is sufficiently
clear and explicit to preclude all doubt respecting the true terms
of our agreement, and therefore to answer all the substantial
ends of justice. And even for this one defective point, a remedy
is afforded by letters subsequently written by Mr. Tudor; so ihat
there is no necessity for appealing to his previous " Memoran
dum of Proposal."
Its terms examined. The present document is seen to read
as follows :
" In consideration of six thousand dollars paid to me by John
W. Damon by his note of hand and money, I do hereby sell
to him one fifth part of the ice-house and its appurtenances,
together with the like proportion in any privilege from the Gov
ernment of Havana, where the ice-house is situated ; this inter
est commencing on the first of January, 1824."
Next comes the following qualification and stipulation :
" This sale does not extend to heirs or assigns ; but in case of
any misfortune, whereby said J, W. Damon cannot render any
aid to the concern, then any money paid by him for the said
fifth may be refunded to his representative by F. Tudor, the
grantor, or his heirs ; but not in case J. W. Damon should re
main in good health."
What is the precise meaning of all this ? Its meaning is.
First. That this is not to be understood to be an absolute sale,
giving to said Damon a right to assign or sell his fifth part, or to
his heirs a right to succeed thereto.
But, is this qualification made absolutely ? Is it made without
reference to possible contingencies and without provision for
those contingencies ? Suppose, for instance, that said Damon
should by loss of health, be incapacitated from giving any atten
tion to the business ; is he, even in such case, to be precluded
from seffing his interest? Or suppose him lo die the very next
day after the purchase ; are his heirs to lose even the money he
has paid for it ?
Not at ah. No such absurdity as this was ever consented to
by said Damon, nor (at that time) ever intimated by said Tu
dor. No such absurdity is expressed in the document. Nor is
it even left to be implied, as might have been the case, had it
merely said, " This sale does not extend to heirs or assigns."
The document expressly precludes any such implication, by
providing expressly for both cases. It says.
Secondly. That, in either case, it shall be optional wilh said
" Tudor or his heirs," (they " may,") to refund " any money paid

24
by" said Damon. This expression, ^^ any money paid," having
reference to the fact, that all the six thousand dollars had not
been paid down, but a part of it was yet to be paid, and might
still remain unpaid when said contingencies should have oc
curred. To whom is this money to be refunded ? It is to be refunded
to the ''representative" of said Damon. This word applies in
differently to assigns or to lieirs ; and the stipulation, therefore,
embraces both cases.
But why is it left optional with said " Tudor or his heirs " to
refund the money ? Why is it thus expressly stipulated that the
money " raay be refunded" by them ? Is it because, — suppos
ing Damon's fifth part to lapse to them absolutely by the event
of his death or other misfortune, they would not have been at
perfect liberty to indidge their generosity by refunding said
money; and this stipulation was necessary to give them that
liberty? We must either adopt this absurd reason, or we must
adopt the only one which remains, to wit : that the stipulation
has this meaning, and no other, that it should be optional with
" Tudor or his heirs " to refund the money, or let Damon! s fifth
part go to his heirs or his assigns, as the case might be. In
other words, in the event of the death of Damon, or of his ina
bility " to render any aid to the concern," they should have tlie
right to purchase it back at the price ivhich he had paid.
Next, come those words that have been referred to as the only
part of the document which leaves room for doubt in regard to
the precise nature of the agreement of which it is the expression.
The above passage says.
Thirdly. " But not in case J. W. Damon should remain in
good health." What does this inean ? To what does this word
"mo<" refer? What is it that was not Xo be, in case Damon
should preserve his health ? This is a question that can be set-
fled only by referring to what precedes, and applying the present
negative stipulation to all those which from their nature are sus
ceptible of being controlled by it. By pursuing this course, we
arrive at the conclusion that this part of the contract means :
In lhe/r.s^ place, in favor of Tudor : That if Damon preserves
his health, he shaU not have it in his power to force upon Tudor
or his heirs the alternative of refunding the money or admitting
a new partner as the purchaser of his (Damon's) part. That is
to say, that the expression " any misfortune wherebv said Damon
cannot render any aid to the concern " shafl not be considered
as meaning ah possible misfortunes attended with such effect.
but solely his death, or the loss of his health. In these two cases
alone, shall Tudor or his hehrs be under the alternative obligation

25
to refund the money, or admit as a new partner the heir of Da
mon or the person to whom he may sell his part. No matter
what misfortune may happen to Damon, rendering it impossible
for him to " render any aid to the concern," this misfortune shall
not, if he " remain in good health," give him any right to say to
Tudor or his heirs, " you must pay me back my money, or aUow
me to seU my part to some one else." So long as he shall re
tain his health, he cannot sell his part except by the free consent
of Tudor or his heirs ; he must retain it.
In the second place, in favor of Damon : that so long as he
shall live, absolute inability, through loss of his health, to
" render any aid to the concern," shall be the only thing which
shall give to Tudor or his heirs the right to say to him, " We
wall refund you your money and resume the part sold to you."
He must be incapacitated by ill health to render any aid to the
concern, before the right just reserved to them, to refund his
money and resume his share, shall exist. No dissalisfaclion on
their part, no alleged ground of complaint regarding mismanage
ment by him, or regarding the insufficiency of the aid rendered
by him, shaU be sufficient to give them the right to deprive him
of his share as a partner, even on refunding his money.
That this was the true meaning of our agreement, so far as
regards this point, is proved by a letter written by Mr. Tudor
only a few months after, (May 14th, 1824.) In this letter, after
complaining that my attention was given to other matters, and
that the business of the ice-house was greatly neglected by me,
he proposes that, if I was determined to persist in this course,
I should relinquish my situation as ice-house keeper. And
suppose me to do so, what then ? Suppose me to refuse to con
form to his views in regard to the degree of attention due by me
to our joint business ; and on this ground of disagreement, tr
relinquish my situation : would my share be forfeited ? Would
this alleged neglect, and my relinquishment of the charge of the
ice-house, give him even the right to turn me out as a partner ?
Not at all. He says to me, — if you will persist in attending to
other business, why do so, " but give up your situation to another^
AND RETAIN YOUR FIFTH." That is to Say, although making
bitter complaints of what he considered gross misconduct on my
part, — • misconduct so very gross as to justify him in calling upon
me to relinquish the charge of the property and business in which
I owned an interest, — yet he acknowledged my right to retain
my fifth and continue to be his partner.
One other part of this document, — and a very important one
it is, — remains to be examined :
" Mr. Damon goes to Havana, and is to charge the concern
4

26
ten per centum for his services and remittances and other neces
sary care of the business ; the same as last year."
This, let it be remembered, is a part of the contract. It is not
a mere memorandum, or letter from Mr. Tudor, such as I had
formerly received from him, when, as his mere agent, I had gone
to Havana to take charge of his business at the compensation
agreed upon between us. It here constitutes an integral part of
the deed of bargain and sale, signed by both, and exchanged
between us. Formerly, when the stipulation here expressed had
passed between Mr. Tudor as my employer, and me as his agent,
our respective legal rights under it depended upon the law re
garding that relation ; with certain restrictions and qualifications,
dependent upon the particular circumstances of the case, he
possessed the right to cease to employ me, to withdraw from me
both the employment and the compensation, at any time he saw
fit ; and I had a corresponding right to throw up the employment.
But now, the case is different, this stipulation here stands as an
integral part of that covenant whereby he had become the ven
der, and I had become the purchaser of a permanent interest in
a particular piece of property ; and our respective rights depend
upon essentially different considerations and rules.
In regard to these rights, several questions present themselves.
First Question. Supposing said Damon disposed to continue
at Havana in charge of the ice-house, rendering the services
and receiving the compensation agreed upon, for how long a
period would he have a right to do so ? For how long a period
would said Tudor (supposing no just ground of complaint on
his part to exist) be under obligaflon to aflow said Damon to
continue in charge of the property and business and to receive
the compensation ?
One thing is perfecffy manifest, to wit: that this part of the
arrangement and bargain might have been the chief inducement
on the part of Damon, to enter into it and become owner of the
share purchased by him. At any rate, it must, untfl the contrary
be made to appear, be considered as an essential part of that in
ducement. Consequently, until tlie contrary should be made to
appear, it could not be optional with Tudor to set it aside at any
time he might please.
But this is a negative merely; and the question is of a nature
to require an answer in the positive form. It will be recollected
that the point now before us has already been examined, (see i 2 )
when the fifth point settled by Mr. Tudor's proposal was under
consideration. The conclusion to which its examination there
led us, if just there, must be so here. It is, that, unless sometliing
altogether unforeseen, and very extraordinary indeed, should hap-

27
pen; unless the nature of the business, or of its profits and results,
should become in a most remarkable degree different from what it
then was, or could then be anticipated to become ; unless tliis
ground should arise for qualifying tlie operation of this stipula
tion, THE CHARGE OP THE PROPERTY AND BUSINESS, WITH THE
COMPENSATION SPECIFIED, WAS SECURED TO SAID DaMON SO LONG
AS SAID BUSINESS SHOULD CONTINUE AND HE SHOULD CONTINUE
DISPOSED TO RESIDE AT HaVANA AND COMPLY WITH HIS OBLIGA
TIONS. Second Question. Supposing said Damon to become unwil
ling to continue to reside at Havana ; for how long a period
would he be under obligation to do so, if required by said
Tudor? Here, as in regard to the first question, it is manifest, that this
obligation on the part of Damon might have been the chief in
ducement on the part of Tudor to sefl. At any rate, it must,
until the contrary be made to appear, be considered as an essen
tial part of that inducement. Consequently, until the contrary
should be made to appear, it could not be optional with Damon
to set it aside at any time he might please.
The question then arises, can the contrary be made to appear ?
It can ; and this, in several ways.
In the first place, the total silence of the document is a strong
evidence of it. Had it been a part of the agreement that
Damon should continue to reside at Havana so long as Tudor
might require it, the latter could scarcely have omitted to stipu
late expressly for a thing so important to him. The more impor
tant this right, on his part, to require Damon to reside at Havana,
the greater the improbability that he would have omitted expressly
to secure it and place it beyond question. Even leaving out
of view the important fact, that the document was written by
Tudor's own hand, its silence is far more expressive against his
right to require Damon to continue at Havana, than against the
right of Damon to retain charge of the business.
In the second place, there is a part of the document which, as
far, perhaps, as it is possible for a negative to be proved, does
prove that Damon did not contract any such obligation. The
part alluded to, is the one already examined ; where it is stipula
ted, that the obligation on Tudor or his heirs, to refund the
purchase-money or permit Damon to sell out his share to a third
party, should not exist so long as Damon remained in good
health. This stipulation, as we saw when it was under examin
ation, is in truth, a mere qualification of a previous part of the
same sentence, which, unless so qualified, would have imposed
said obligation upon Tudor and his heirs " in case of any mis-

28
fortune whereby said Damon cannot render any aid to the
concern." And, taking the whole together, it manifesfly involves
an acknowledgement, that, agreeably to what was in contempla
tion of the parties, Damon might, for other causes than the loss
of heahh, (though this would be the only one giving him a right
to seU without the consent of Tudor,) find it impossible to
" render a»^ aid to the concern;" in other words, find it neces
sary no longer to reside at Havana. This was evidenfly in
contemplation of the parfles : and yet it is seen that the contract
does not provide any indemnity to Tudor, in case Damon should,
at any time, declare that he " cannot render any aid to the con
cern ; " — a thing which it could not have failed to do, had the
agreement between the parties, of which this contract is the
expression, imposed any such obligation. The only restriction
upon Damon, in regard to rendering or not rendering " any aid
to the concern," is, that unless his not doing so should arise from
inability, and that inability be caused by loss of health, he
would have to continue to be a partner in the business so neg
lected by him.
We see then, that the interests of Tudor, — so far as these
might be affected by Damon's personaFattention to the business,
— are not left by the contract altogether without security. On
the contrary, this double security is provided for them, to wit :
first, the charge of the property, and the compensation of ten
per cent, operating on Damon as one inducement; and, secondly,
the necessity of continuing to be a partner, whether he remained
in charge of the property or not, operating on him as a further
inducement, both to continue at Havana, and to do all he could
for their joint interests. — And containing as it does, these
securities for a disposition on the part of Damon to continue at
Havana for an indefinite period, whilst it does not contain
any stipulation giving to Tudor the least shadow of right to
require him to reside there against his will, the contract affords
a double presumption, that, agreeably to the understanding and
agreement between the parties, Tudor did not possess any such
right, but, on the contrary, had contented himself with the
double security just named.
In the third place, the justness of this view of the bearing of
the tenor and import of the contract upon the point in question,
is confirmed and put beyond doubt, by Mr. Tudor's " Memoran
dum of Proposal." This shows, that the utmost that he ever
proposed in regard to my binding myself to reside at Havana,
was, for " three summers," and that, in consideration of my
binding myself to even this limited residence, he offered to give
me one tenth part of the concern. The document now before
us shows that my entire fifth part was paid for in money.

29
Thus, then, is it proved, that the arrangement under which I
purchased that fifth part did not place me under any obligation
to reside at Havana, but left me free to give up the charge of
the establishment whenever I should see fit.
Mr. Tudor's " Memorandum of Proposal," serves to establish
one point in his favor, also ; a point which was never disputed
by me ; but which, had I entertained a disposition to contest it,
he would have appealed in vain to the contract to establish.
The point to which I allude is, that conformably to our under
standing and agreement, although Iwas not under any obligation
whatever to continue to reside at Havana a moment longer than
it should suit me so to do, yet I was under the obligation
" occasionally" to " visit " Havana, " when necessary." Suppos
ing I should become unwilling to continue in the post of ice
house keeper, and that it should be voluntarily relinquished by
me, (which supposition implies that Mr. Tudor's obligation in
this respect has been faithfully observed,) I would still be bound
to spare Mr. Tudor the necessity of visiting Havana for the
purpose of giving to the business " the personal attention which
may be necessary here, at Havana." This obhgation I did enter
into ; but, as before remarked, had I felt disposed to put Mr.
Tudor to the proof of it, he would not have been borne out by
the contract.
Privilege non existent. Before taking leave of this docu
ment I will call attention to the legal skill, — may be only an
attempt at legal skill, — which, in one point, it evinces. It is to
be observed, that Mr. Tudor so words his biU of sale as to
avoid asserting positively, that he does oivn that Privilege in
which he had induced me to buy an interest from him. He
says, " I do hereby seU to him one fifth part of the ice-house
and its appurtenances, together with a like proportion in any
Privilege from the Government of Havana, where the ice-house
is situated." Now, the fact was, — as I discovered, to my cost, very soon
after my return to Havana, — that he did not own " any Privi
lege." He had once owned one, but it had expired ! Suppose,
that, on making this discovery, I had returned to Bo-ston, and
cafled Mr. Tudor to account before one of those Courts, charged
speciaffy, as lawyers tefl us, with cases of ''fraud, accident and
trust." Would he not have been compelled to refund me my
money, even although I should still "remain in good health?"
Or would the Court have allowed him to take refuge behind
the quibble, that his bfll of sale had not contained any positive
averment that he owned a Privflege ; but, on the contrary, that
all he had sold me was an interest in " any Privilege," which he
might own, or might not own, as the case might, in truth, be?

30

§ 4. — 1824-30. — Difficulties in which I found myself involved
as Mr. Tudor's partner. — Expiration of his Privilege. —
Obstacles to its renewal. — His anxiety and efforts^ to obtain it.
— New lot for an ice-house. — Necessity for obtaining one.^
Mr. Tudor's "instructions" on the subject. — His insulting
deportment and baseless charges. — Management of the ice
house. — Mr. Tudor's insulting, groundless, and ever-renewing
charges of neglect of duty. — His pretension to reduce my com
pensation. — Mission of his brother Henry. — / retire from the
post of ice-house keeper in April, 1830. — Extraordinary game
played by Mr. Tudor on this subject. — The charge of the ice
house temporarily resumed by me in August. — More of Mr.
Tudor's self-contradictions. — New Privilege obtained, August,
1830. — More, again, of Mr. Tudor. — My position at the close
of 1830. — I depart for Boston.
Difficulties. Having thus allowed myself to be induced to
become Mr. Tudor's partner, and, by linking my own interests
permanenfly with his, to surrender the freedom I had previously
enjoyed, — to sever my connection with him at any moment it
might become distasteful to me, — it was not long before I was
made sensible of the nature of my new position. Instead of
the secure possession and enjoyment of the property and Privi
lege of which I had bought a share, I found that there was no
Privilege, and that the whole " concern," — house, business, and
all, — stood upon a basis so very precarious, that there was no
telling at what moment it might come tumbling about my ears.
Instead of having upon my hands merely the care of the prop
erty and management of the business of receiving and vending
ice, in peace and quiet, I found that this constituted but a most
insignificant part of the task to which I had unconsciously
bound myself; and to which I was compelled for many years to
remain a slave, as the only alternative to the loss of what I had
paid for. In place of the employer who had been so well
satisfied with my management as to put upon the value of my
services the high estimate indicated by his anxiety to secure
them, and by the price at which he wished to do so, I found myself
bound now by the iron bands of necessity to a partner whom it
was impossible to please, and upon whom the only effect pro
duced by the proof of the utter groundlessness of one string of
insulting animadversions, seemed to be to charge him for another
volley of contumely ; one, whose nature forbade that he should
make a manly acknowledgement of error and injustice, or even
allow the consciousness of it to check him in the future indul-

31
gence of those propensities by which he had been betrayed into
them. Expiration of Mr. Tudor's Privilege, &c. Soon after
the date of the arrangement concluded with Mr. Tudor, in the
manner and terms above described, I left Boston for Havana,
where I arrived on the 10th of March, 1824, in the ship Colum
bus, loaded with a cargo of ice, to which had been added some
fresh fruit and other minor articles.
Upon this vessel, — as also upon the ship Bramin, which fol
lowed soon after, wilh a similar cargo, — tonnage duties were
demanded at the Custom House, contrary to what had been the
practice in regard to vessels bringing ice, when I had been in
charge of the business as Mr. Tudor's agent. It was at first
supposed that this was owing to the fact that the cargoes of these
vessels did not consist solely of ice, the article in favor of which
the exemption had been granted ; and, acting upon this suppo
sition, Mr. Tudor's mercantfle correspondents at Havana took
steps to obtain the remission of the duties. These, however,
served only to elicit the fact stated in the following extract from
my letter to Mr. Tudor, of the 21st May, 1824.
" The tonnage duty is not exacted on account of other mer
chandise being brought in those vessels ; but, as the Collector
says, on account of the contract having expired."
Such was the position wherein I unexpectedly found myself
in this particular ! " The contract having expired," a renewal
of the Privilege had to be obtained, or these consequences would
follow : first, our business would be left exposed to the compe
tition of whomsoever might see fit to engage in the same ;
secondly, the exclusive Privilege might be obtained by another
party, in which event our business would be put a stop to alto
gether, and the value of my fifth, together with the four fifths of
Mr. Tudor, be reduced to nothing ; and thirdly, the precarious
title by which we held the ground on which the ice-house stood,
(which, it will be recollected, had been erected on the express
condition that it should be removed whensoever Mr. Tudor should
be called upon to remove it,) was rendered infinitely more pre
carious, because the only reason which had induced the author
ities to grant this lease-at-will, — to wit, the contract with them,
— no longer existed.
To procure the renewal of the Privilege, necessarily became,
therefore, the primary object with us.(e) But it was no easy mat-
(e) The following extract from a long letter of Mr. Tudor's, under date April
28, 1824, shows how very "coolly and dispassionately" the subject was at first
treated by him. Long before the year was out, however, his tone underwent a
change; — by no means, — as the reader will come to perceive, — a rare phenome-

32
ter; for several competitors presented themselves, and the com
petition soon waxed so warm, that one of our rivals, (a person
at this present time yet living in Havana,) went so far as to at
tempt to drive me from the field by threats of personal violence.
Meeting me one day on the wharf, he referred to what he chose
to look upon as my unwarrantable interference with his interests,
and said, " Young man, take care you do n't get a knife into
you ! "
During this contest for the exclusive Privilege, the business
was open to all who might choose to engage in it; but, fortu
nately for our interests, those who purposed doing so were intent,
in the first place, upon obtaining the Privilege, as the means of
excluding all competition, and especially ours, which, as we
were already established, was felt to be the most to be dreaded.
In their efforts to obtain it, they exhausted themselves, and lost
time ; and the consequence was, that we were left in as exclu
sive possession of the business as if the old Privilege had slill
been in force.
non. [It is to be observed too, that the date at which he thus speaks of the
" ex-Piivilege,^' as he terms it, is some days prior to that of my letter informing him
of my discovery of the existence of this valuable entity. It follows, therefore,
that he must have received his intelligence on the subject, — if so be he needed
any, — from some one else. At any rate, so far as he was concerned, I could claim
no patent for the discovery, on the strength of my letter of May 21.]
" As respects the ex-Privilege, no one can obtain it without notice being given
to me ; and as the time of the revolution has passed without any one stirring, it is
probably best not to move in it. Silence is valuable. Not to make the matter a
subject of question is best. There remains a general impression that the ice
business is a subject of exclusive Privilege ; and this impression, now that the
government is despotic, is strengthened. In my opinion, it is the part of discretion
not to say a word about privilege.
" But the best privilege, and the greatest security, will be an exact attention that
no whispering shall go abroad that the ice business is very good. That this may
not be the case, never forget the verbal instructions which I have given you to be
foUowed. Do not buy your bills aZi of one House. Nor send me always bills ; when
bills are at par, dollars will be also ; " &c. &c. — " If one man says the ice is profit
able, another adds to the story; and so it grows to a magnitude entirely beyond the
reasonable and moderate thing it is."
This, it must be confessed, was all very "cool and dispassionate," and very
" snug and comfortable." A more felicitous mode of stowing away the " any
Pjivilege" could not well have been devised.
And yet, but two months pass over, and then, under date July 2, 1824 he dis
courses in the following strain : '
" I shall consult with Mr.  of the expediency of attempting a renewal of
the Privilege, which will be more important if the street sales are undertaken
and the jars get into vogue. When once it becomes a general custom to use cold
drinks, the sales may be expected greatly to increase. This kind of use for the
ice i« evidently growing. — The use of ice for creams, is limited to a certain
amount, but for cold drinks every thing may be expected, and protection by the
jirivilege becomes more necessary.'^
In one breath the Privilege is a mere matter of moonshine. In the next it is
necessary, m the exact proportion as the business may be worth pursuing! ' And
thus will It be found to be with ih. Tudor, throughout, in all things : questions of
expediency, and questions of justice and obligation.

33
Thus did accident operate in my favor, and give me a reality,
in place of the nonentity, for a share in which my money had
been paid to Mr. Tudor. Meanwhile, however, I was not al
lowed to enjoy this good fortune in idleness. It had to be
worked and contested for;(/) and, whUst the toil and trouble of
the contest fell almost entirely upon me, — Mr. Tudor seeing fit
to turn a deaf ear to my repeated and urgent representation of
the necessity of his presence at Havana, — any advantage which
might attend my exertions would belong almost exclusively to
my partner. Instead of the peaceful enjoyment of what his
bill of sale and contract professed to secure to me, in return
for my money and the services therein specified, the thing for
which my money had been paid turned out lo be the right to
render to Mr. Tudor, in addition to the services which I had
engaged to perform, that of fighting a batfle for a renewal of the
Privilege, among other things; and gaining for him the advan
tage of owning four fifths of it, as the only way of securing my
own share.
This intermission of the Privilege lasted about seven years ;
(from the beginning of 1824 to late in 1830,) during the greater
part of which the subject was one of intense anxiety on the part
of Mr. Tudor no less than of myself. A few extracts from his
letters in 1824, will suffice to put this fact, and others connected
with it, in a strong light. His lawyer at Havana was the dis
tinguished Don Nicolas Escovedo, to whom on the 25th Octo
ber of that year, he wrote a letter, of which he transmitted me
a copy, that reads in part as follows :
" I am desirous of making a new contract for ice. I under
stand some other persons have made proposals to the Cabildo,
full of great promises. But how can they fulfil them without
ice-houses either in Havana or this country. I shall by this
opportunity send out to Mr. Damon sufficient evidence of the
immense expenses I have gone to for the purpose of furnishing
ice from this country in summer.
" I hope with your aid to make a new contract for supplying
Havana, with an entire relinquishment of the tonnage duty,
which is of the greatest importance. I have to request of you
to bring this business to as speedy a determination as may be,
before the commencement of wtinter, and before any of the new
pretenders can do anything in the way of interference."
To myself, he writes on the 30th of October, enclosing ex-

"^,

One of his letters in 1824, winds up with the following valorous exhortation :
du have a battle to fight, and I expect you will do it like a brave man."
5

34
tracts ig) of two letters received by him from friends in New
York and Phfladelphia ; through whose aid, in part, he promised
himself success ; and he says :
" I think when  and  shafl get out to Havana, they
will add such an increase of strength that we can get on," &c.
" I have no doubt of getting wefl through this business, and that
these new Gobertos wifl do us good rather than harm. We
shall be strengthened ; but what is wanted is despatch, so that
the interferers may not be able to get out any ice."
The Gobertos to whom he alludes, and in regard to whom he
is anxious for despatch, are the competitors for the Privflege,
who had expressed the intention to import ice the coming winter.
He cafled them by this name because it was that of a compe
titor whom Mr. Tudor had had at a former period.
One thing in these extracts is rendered particularly worthy of
remark by Mr. Tudor's subsequent course in denying that I had
acquired any permanent share in the concern. He speaks al
ways of us, as the party opposed to these new Gobertos; they
"will do us good." " We shall be strengthened."
The same feature is still more prominent and striking in his
letter of November 6, 1824:
" You will, before you get this, I hope, have received the
many letters and documents," &c. " We have a great stake ; you
have your fortune depending wpon a good issue in this contest;
and I have done afl that I can, and I hope to inspire you with
courage to assert my cause. For it will and shall prevail. The
Count  and Mr.  are coming to your aid, and to defend
me against these trashy, washy people."
" When we get over this difficulty, we will build a great ice
house, that shall by its permanent appearance appal such poor
creatures as are now alarming you."
Here again, as is seen, it is " we," afl through. At that time,
I was told, "you have your fortune depending ; " and "we will
bufld a great ice-house, that shall, by its permanent appearance,"
&c. ; which words, to make them the more emphaticafly signifi
cant, were underscored by Mr. Tudor himself.
The result, however, of all these efforts of Mr. Tudor, and of
the commanding influence which he conceived himself to have
brought to bear upon the subject, was, that nothing was accom
plished. It was not until about six years after, — and then through
(g) One of these says, " Count  thinks he can get the exclusive Privilege
renewed." The other says, " I will do all I can to promote your object of obtaining
the exclusive Privilege of furnishing Havana with ice : for indeed t think no one is
entitled to it but yourself; having persevered so many years, and expended so much
time, trouble and mon ;y for that object. You may depend upon my exertions-
and if  18 still in health, I shall have hopes of success."

35
my exertions chiefly, — that the renewal of the Privflege was ob
tained ; and during this whole interval, our interests stood upon
that precarious footing, which, notwithstanding Mr. Tudor's re
proaches concerning the " alarm " that he attributed to me, con
tinued to be with him a source of intense and undissembled
anxiety. (A)
New Lot for an Ice-House, &c. From this source of diffi
culty, I wfll pass to another, closely connected with it, and often
blended with it in Mr. Tudor's letters and in the insulting re
proaches with which they came fraught.
The state of the building used as an ice-house soon proved
to be worse than I had formed any idea of. (i) Notwithstanding
(A) About the middle of November, 1824, the Cabildo, or Ayumtamiinto, (City
Council) passed a vote in favor of giving the preference to the former contractor
(Mr. Tudor) over the other applicants. Further action on the subject was post
poned until their next meeting; when they were to take under consideration the
limitation of price, the term for which the Privilege should be granted, and other
details. Owing, however, to a variety of causes, the matter stood still for about eight
months. In July, 1825, a committee of the Cabildo, to whom the matter had been
referred, reported the draught of a contract, fixing the price at one half reAl per lb.,
exempting vessels bringing ice from tonnage duties, and giving the exclusive Privi
lege for the term of six years from the 1st of Jan. 1825.
This draught was approved; and the contract, in this shape, was agreed to by
the Cabildo and by Mr. Tudor's attorney. But, owing to obstacles interposed by
the Reil Haciinda, whose concurrence was requisite, and the head of which de
partment notified to the Cabildo not to proceed in the matter until it should have
decided whether it were not expedient, instead of granting a new Privilege, to open
the ice trade and to subject it to an import duty, the subject progressed no further :
the Privilege — to repeat the expression made use of by one who was exerting
himself in our behalf — was " hung up." One advantage, however, resulted from
what had been done ; whilst the subject remained in this state of suspension, the
existing establishment was looked upon with great indulgence, and was permitted
always for the moment to enjoy that to which the contract (although demurred to
by some of the authorities) would have entitled us, had it been completed. By the
Cabildo — on which body we depended for being allowed to continue to occupy by
sufferance the lot on which the ice-house stood — it was, to use the e.xpression of
one of the members, considered that it " had about concluded the contract ; " and
hence a disposition on its part to show us every favor, notwithstanding any opposi
tion to the granting of the Privilege, from those whose concurrent action was
requisite. By it, and its officers, "the contract " (as the above mentioned draught
was termed) was, in after years, considered as fixing the time during which, if prac
ticable, we should be deemed to have a claim to the indulgence.
For extracts, showing, for the first two years, the course of this current in the
" sea of troubles," which it pleased Mr. Tudor to leave me to buffet with, see Ap
pendix, (c)
<i) On this subject, Mr. Tudor's letter of April 28, 1824, above quoted from, (see
note e) contains the following :
" I have your letter of the 3d inst., in which you mention the swelling of the sides
of the house and rottenness of the ties, &c. ; a thing which I expected would take
place, but not so soon."
He then goes into a long dissertation upon the principles on which the new house,
when built, should be built ; at the close of which these passages occur :
" The great difficulties and uncertainties attending everything in Havana operate
as a discouragement to undertake anything; and theieioie patching must be adopted
and long continued, as 1 think. The house, you know, is very rotten ; and the ex-

36
some endeavors to strengthen it before putting in the ice brought
with me from Boston, this was no sooner done than its sides gave
way in such a manner, as to occasion for ever after, constant un
easiness and never-ending trouble, besides great expense. The
difficulties arising from this cause were greatly aggravated by
the peculiarity of our position in regard to the ground upon
which the house stood. The space that it occupied was already
too small. The more especially as Mr. Tudor had determined
to conduct the business upon a new plan ; which was, to send out
and store away at once, " a fourteen months' supply." To obtain
the grant of an addition to this space, was impossible ; and there
fore, to provide a remedy, by erecting a new building round the
decayed and falling edifice which contained the ice, was out of
the question. These causes conspired, therefore, with the preca
rious tenure by which we held the ground, to render it indis
pensable that a new site should be procured.
Every possible exertion was made by me to procure one, but
made in vain ; and this state of things continued for upwards of
seven years, during which Mr. Tudor's " instructions " upon the
subject were as imperious as if nothing but his fiat was requi
site to accomplish anything he pleased, and his reproaches were
as unmeasured and insulting as the blackest bile could make
them. A few extracts from his letters towards the close of this
pense of a new one will consume a whole year's income. The plan for the new
house is at present not necessary ; because it will be years before it will be carried
into effect. In the mean time, to keep together the present house (as I suppose for
several years) must be your endeavor."
And, true enough ! "patching" was the word, and "long continued"to be the
word, under Mr. Tudor's mandate. To afford a conception of the labor and trouble
thus imposed upon me, (in place of Xi\e promised comfort of living and conducting
the business in that " new house," which was to be built at Mr. Tudor's sole ex
pense,) it would be requisite to give entire, the volumes of my letters to him,
wherein I had to make a detailed report of all my proceedings. Before I had been
a month at Havana, I had to write, " last night we had nearly completed the board
ing and filling in of the south side, when of a sudden the west side began to swell
out, and has swelled or bulged to such a degree that it will have to come down."
A few months after, " The present addition is not quite finished, although I can
receive ice, for the vault is done except the extra covers. You said it was advisa
ble to make the extension at an expense of three or four hundred dollars; I have
already expended near one thousand dollars."
This will serve as a specimen of the nature of the duties of " ice-house keeper,"
as modified by Mr. Tudor's sovereign dispositions ; and also of the way in which
mj/ money went " to keep together the present house." And this was kept up
seven years'. And when, near the end of this period, as will be seen hereafter, I
had every reason to expect to be required by the authorities to remove instanter;
and, as a provision for this impending necessity, had retained in my hands some of
the receipts of the ice-house which would otherwise have been remitted to Mr.
Tudor, this obviously indispensable provision on my part, elicited an explosion
of his sweet nature, in the shape of the accusation, that I had retained these funds
through the double motive of fear to lose money of mine then in Ms hands, and a
desire to apply his money to usurious uses for my own benefit !

37
period wifl convey an adequate idea of the man and of his
conduct. To make these extracts perfecfly intelligible, it is necessary to
premise, that, towards the close of the year 1829, the city au
thorities having, agreeably to the right reserved to them in the
lease, required the removal of the ice-house, I had partially suc
ceeded in obtaining from them the use of another piece of
ground. A portion of the corporate bodies, whose consent was
requisite, had given that consent ; that of the rest was hoped for ;
and I purposed, so soon as this matter should be concluded, to
commence immediately to build upon the new lot, and whflst
this should be doing to remove the ice provisionally to some
other building. This intention on my part, — the only one I
could entertain wtithout setting at defiance both the obligations
of a solemn engagement and the authority of the Government, —
incensed Mr. Tudor to the degree that is shown by a succession
of explosions, of which the following is one :
" Boston, September 18, 1829.
" Mr. J. W. Damon,
" I have at hand your No. 29, of 22d ult., and now send you
triplicate of my No. 24, in order that you should read it with at
tention again, and particularly that part of it where it is plainly
put down, that I shall not build the present season if the Cabildo
should make the grant of the land, (ii)
" They will not make the grant, that is, the officers of the Gov
ernment will not allow the papers to be completed untfl they are
obliged to for their own convenience. Nothing will ever be fin
ished until they begin to undermine the ice-house, and we make
thereupon a representation that the city will go without ice. The
great and small rascals about the government will then have to
give way without even Cositas in the way of gratification. They
(ii) The contumacy which I was here instructed to exhibit towards the au
thorities was, considered in itself, preposterous. But, considered with reference to
our previous course, (to say nothing of his own solemn covenant with, and obliga
tions towards them) it was far worse; it was scandalous and shameless in the ex
treme. Memorial after memorial had been addressed to them (and these would
have been ten times as numerous, had I obeyed Mr. Tudor's endless instructions
to renew them,) representing the urgent and immediate necessity of a new house.
Just five months before his present letter, he had urged that the loss of a vessel loaded
with ice for Havana should be used as the occasion for another memorial:
April 15, 1820. " I would recommend by all means a representation to be made
to the Cabildo respecting the loss of the Frances and the impossibility of making the
supply sure, unless alarge house is built."
In a word, the course prescribed by him to me, to be pursued towards the au
thorities, implied such absolute contempt for their understandings, (to say nothing
of contemptfor plighted faith) that had 1 conformed to his endless instructions, they
must have looked upon me as a downright idiot, who measured their capacities by
my own.

38
shafl not have anything ; they have already taken the money s
worth in variety of vexation and ruinous delay.
" In your mind always keep clear upon one point : that they
cannot get rid of the ice-house as long as ive choose to resist.
" Also keep in your mind, that I understand my own business ;
and that I mean the ice-house keeper at Havana, whether he be
J. W. Damon or any one else, shall follow at all times the posi
tive instructions of his humble serv't, Frederic Tudor."
Here it is seen, that Mr. Tudor, in violation of his own re
corded engagement, announces his sovereign wfll and pleasure
to be, that no new ice-house shafl be buflt, — in other words, that
the old house shall not be demolished and removed, — " the pres
ent season." No, not even " if the Cabildo should make the
grant of land," which I, as his partner and agent, had for years
been urgenfly soliciting in his behalf! And on this ground, too,
among others; that the buflding was, as every one saw it was,
tumbling down ; and that consequently it was indispensable to
proceed instantly to the erection of a new one !
Next he instructs me lo " keep my mind always clear upon one
point : that they cannot get rid of the ice-house as long as we
choose to resist," meaning by " they " the authorities of the city
of Havana, civil, mititary and municipal ! It was by their con
current sanction, that he had been permitted to erect the building
upon public gi-ound ; and towards them that he had contracted
the solemn engagement to remove immediately upon notice
given ! !
From this instruction, he proceeds to another : the import of
which is, that when he issues a mandate my province is, not to
make any reply, but to obey ; and that he is resolved to be obeyed
by me, whether his mandate should be merely to batter down
the Morra Casfle, or to annihflate the whole power of the Spanish
government. Whatever the mandate may be, I am to bear in
mind that he understands his oion business ; and that he does not
allow any one to presume to say that what he has resolved upon
cannot be accomplished, or to offer any such impertinent objec
tions. Besides conveying these instructions, Mr. Tudor's letter lays
down also his plan of operations for annulling the obhgation of
his own solemn engagement, setting at naught the authority of
the Government, and even compelling it to yield obedience to
his requirements. It is not on this occasion merely, that this
notable plan was brought forward. It constituted his chief and
favorite resource, and the basis of many of those " instructions "
which I was so forgetful of my duty as not to fulfil. The lead-

39
ing idea is seen to be, that the Government must be intimidated
into acquiescence ; and this, by means of a popular clamor aris
ing from the impending danger of a famine — of ice ! {j ) We
must hold out in our citadel " untfl they (the Government) begin
to undermine it" Then we must « make a representation that
the city will go without ice I " This will stir up such a tremen
dous commotion, that all opposition " will then have to give
way ; " and the Government wifl be compelled to order everything
in conformity with Mr. Frederic Tudor's mandates !
On the receipt of this letter, I wrote, under date October 26,
1829, to a friend of Mr. Tudor ; one of the two on whose influ
ence he had, in 1824, so confidently relied for obtaining the re
newal of the Privilege. The following extract from my letter
begins, it wifl be perceived, with an expression of doubt as to
Mr. Tudor's sanity, a doubt which, if I mistake not, the reader
wifl consider fully justified by the letter he has just perused :
" It appears to me that Mr. Tudor is beside himself in saying
' they cannot get rid of the ice-house as long as we choose to re
sist.' It is expressly said in the Captain General's (Apodaca)
decree of the 8th February, 1816, ' The Petitioner binds himself
to the Excelentisimo Ayuntamiento to pay the rent for the ground
and to demolish and remove his house whenever this shall be re
quired by the Ayuntamiento with the approval of the Gobierno,
in order to the prosecution of the public works now contempla
ted on the Plaza San Francisco in connection with the new
wharf.' It is also said in the Report (16th February, 1816) of
the Commissaries and Syndic, appointed to mark out the ground,
' the same Petitioner binds himself to pay monthly, and not an
nually as he had proposed, the ground rent stated, and to evacu-
(j) I am assured by a learned friend, who has read Goldsmith's History of Rome,
that this idea was not, as I suppposed it to be, entirely original with Mr. Tudor,
but that it is borrowed from incidents in that history. He tells me, that the only
merit of Mr. Tudor consists in his discerning, that the same effect might be pro
duced at Havana, under the Government of Spain, by the prospect of a famine of
ice, that used to result at Rome from the prospect of a famine of bread.
This idea being urged anew by my partner, I wrote him, under date Nov. 21, 1829 :
"I am not so certain that it will have very great weight with the Cabildo to
hear that the city will be without ice ; for it appears to me from the ComisArio del
Cabildo [one of the Executive Committee of the City Council. I will remark by
the way, that, because the police magistrates of the several wards, who exercise
subordinate executive and judicial functions, are called Comisdrios, Mr. Tudor, in
his self-sufficiency respecting Havana affairs, deemed very lightly of aW Comisarios:
That is to say, the word always awakened in his mind the idea of " very small
gentry ;" and it was not a little irritating to his gentility that I should evince such
continued proofs of my low origin as to attach importance to the dispositions or
doings of a mere Comisdrio,] that he has an idea of some one else becoming con
tractor, unless we procure another place." In the same letter, I say :
" It is my sincere opinion that some person better qualified than myself is absolutely
necessary for the safe conducting of the ice business at present. For myself, I would
be glad if you were here."

40
ate the ground immediately upon being so required by the Ex
celentisimo Ayuntamiento with the approval of the Gobierno, in
order to the prosecution of the new work which is to be made
on account of the new wharf All which he shall bind himself
to fulfil by a public contract in the Notariate of the Gobierno
and Cabildo.' How Mr. Tudor is going to get rid of this posi
tive engagement, and that, too, after the Government shafl have
granted him another lot, I am at loss to conceive.
" I desire that you would give me your opinion on this : for I
fear that he will lose the whole establishment ; in which case I
shafl be ruined." (k)
(k) At the same period, I wrote, under date Nov. 2, 1829, a long letter to Mr,
Tudor, from which I copy the following :
" I have urged the necessity of a new building so much, that I am ashamed to
say more, for fear you may think I have some private motive in so doing; and I
shall only stand still and wait the result of the affair in the Cabildo. If it shall
be to build, in this square, [that is to say, if the authorities shou d grant us the lot
we had been for years importuning them for, on the alleged — and true — ground of
the urgent necessity of a new house,] I think it my duty to take possession by
commencing the work; and you can send somebody else to carry it on or not, as
you may think proper. If it [the decision of the authorities] shall be against build
ing on this square, then lam done; for I do not think myself equal to contend with
the Government, against positive agreements ; and that, under the present rotten state
of the house, which looks as if it would fall of itself every day. I have said posi
tive agreements, because I find in the decree of the Captain General, [Apodaca] of
the Sth Feb. 1816:" [Here giving extracts from that and other documents; his
own formal acceptance of the conditions included.]
" I say, that under all these circumstances, you had better send some more efficient
person to take charge of this business."
Ten days after, I wrote him another long letter, part of which is as follows :
Nov. 12, 1829. " Your No. 26, of 16th Oct., was received yesterday. I have turned
to your Nos. 23, 24, and 25, and read them over and over again. I have also looked
oyer all my letters from No, 30 to the present, and after due deliberation and a re
view of my past conduct for eleven years in your employ, I can see nothing that
needs to be repented of You did once write me to make suggestions of anything
that came to my knowledge or mind respecting the ice business ; and sometime
after I wrote you, giving my opinion on some particular things, when you repUed
that you should not be dictated to by me, that it was you who held the government
&c. I now urge the necessity of a new house, and you say it shall not be built
yet. I do not wish to dictate to you ; but I must advise you of the present state of
the house, and the consequence likely to follow; as a sailor would his captain, if
breakers were ahead. It is rny opinion that if the permission is granted to build,
and It should be known you did not intend to do it this season, others would come
forward and solicit it for themselves ; and I have but little doubt of its being granted
them. [And who could entertain a doubt on the subject 'j
" '^°a'^^T "^ '""!'^ ^T- "°' T"^'"^ remittances. '"'l have already stated the
many difficulties encountered in making them at such or such a time ¦ and as it
^r^'A^T^.ToH TT ^^r^dhaveto build this winter, t ^c^^a./^A^
should befmuistodo U. I recollect a conversation wilh you, n your room when I
was last in Boston, about funds for the new house ; when you said yo^' Tid no
hoTden°to t"em T'Tlt wUl bZ°' ''/. Tt^'^'l ^"^' t^atV" woufd^no? be be!
t r^Vd to be ^aisefc L puTp"^^^^^^^ ^^^ "^^^ \^« }=-". ^"^
J- 11 -J 1,1 J '•"'= i^juipubt; — ivir. iiiuor havins none — th <? Inftv tnnp
fell considerably, and yet to no nurnosp ¦ fnr iv.^ ,^«««^^f j . inis lony tone
borrowed by ,nc.l " /... ,,„ "^^'^^dthat'&TZr^i^ZleTfZt:^^^^^^^
for some time previous. ''<^'""^j"i irtai purpose

41
Such was the position in which I had placed myself by be
coming Mr. Tudor's partner! Beset on all sides with daily
The " difficulties " in regard to " remittances," at stated periodt, above referred to,
had been explained to him over and over again. My last reply on the subject, un
der date Sep. 3, 1829, had been as follows :
" Your above mentioned letter contains three articles, which you say you wish
me to consider as renewed instructions, and that I will inform you whether I will
follow them or not. To this, I say, I have no objection as far as is practicable ; that
is, I will forward an account of disbursements at the close of each month ; but to
say I will make remittances at the close of each month, or at any stated periods, I
ca/rmot ; for I should be promisingthat which Iknow I should not be able to perform.
But this I will promise, that the two thousand dollars [agreed to be forwarded an
nually from first proceeds] and every cent of the balance accruing at the close of
each and every month, shall be paid over to any one you may appoint to receive it" _
My letter of 12th Nov. was followed by one written so soon as it was ascertained
that apparently insurmountable difficulties existed to our then obtaining the desired
grant of a lot. The following is an extract :
" Your Nos. 27 and 28, were received to-day, and I am sorry to learn that you
suppose the reason of my keeping money here is fear of losing money now in your
hands. This, I assure you, never entered my mind ; and there has been no other
reason for keeping it than that heretofore mentioned — the building of a new house.
But as there is now no probability of building, there is no use for money ; and so
soon as it can be remitted, I will do it. And the interest you can charge to me, as
you say that I have been the means of your paying interest unjustly j and if there
shall be a difference in premium of exchange between now and any time you may
say the money ought to have been remitted, charge me with it also. I do not make
this offer as an atonement for past guilt, nor to smooth the way for the future: because
I think if I were placed in like circumstances again, I should be likely to do it again;
and I believe if you could have been here, and seen the things going on, and known
our situation, you would have approved it." [Considering that he was kept advised
of the state of things, by detailed accounts of their progress from day to day, this
certainly was a belief that I had no right to entertain. Even at that period, I had
no right to believe, or to suppose, Mr. Tudor capable of reason or justice, eccep*
when the balance of a calculation of dollars and cents lay on their side.] " If I
have taken upon myself unwarranted authority or Uberty, it has not been done on
account of moneys in your hands, but of the necessity of being able to build so
soon as the permission should be granted ; which was promised, and expected
almost every day."
Such was the first idea, in regard to my motive for retaining the funds, suggested
by the " generous nature " of my " munificent patron I " I had kept them through
dread of losing the money he had borrowed of me ! By the next full moon, the
swelUng tide of his nobleness poured over in the following glorious curve of
liquid emerald :
" Charge 3d. Employing the money of the Havana ice-house, both last year and
the present, in loans or buying notes at excessive interest; which interest you put
into your own pocket, and which I require to be accounted for as {lart of the reve
nue of the ice concern, without consenting to the loans if still at risk."
This was the November substitute for his October theory I In arriving at this
solution, did Mr. Tudor rest upon data supplied by his knowledge of me, or upon
those suppUed by his knowledge of himself? The latter branch of the question, I
shall not undertake to answer. With regard to the former, I will refer to his re
iterated protestations of unshaken confidence in my integrity, (and, what is, per
haps, more entitled to reliance, to his acts, to his unshaken anxiety to trust me,) com
mencing, as has been seen, in 1824, and continued, as will be seen, down to the
26th day of October, 1837, when the following flowed from his pen ;
" My hope and expectation is, that you will be disposed to preserve your connec
tion with me in this business, &c. &c. Igive you my wokd that Ihave never con
sidered my interest and property otherwise than safe in your hands." [See note (II.) ]
6

42
renewing difficulties and embarrassments ; and, as the competi-
sation for all my toil and trouble, threatened with ruin by the
folly of the imperial gentleman who, snugly ensconced in his
arm chair at Boston, secure from afl consequences, was pleased
to " instruct " me in a course not only of breach of contract and
of faith, but of downright contumacy; and not of contumacy
merely, but of premeditated turbulence and sedition; which, had
I been dishonest enough and mad enough to attempt it, could
not possibly have resulted in anything short of the utter destruc
tion of our business and utter loss of our property, and might
very justly have subjected me — Mr. Tudor being all the while
snugly entrenched in his elbow-chair at Boston, writing " instruc
tions" — to imprisonment in the Mon'o and transportation to
Ceuta !
In the same strain are his other letters of the period. In the
following, of November 12, 1829, it will be seen, that, amortg
other mandates, one is, that I shall demand of the Government
to be left for twelve months more in possession of the ground
which he had bound himself to vacate the moment he should
be called upon ; and which, months before, he had been called
upon to vacate ! As if the word were not strong enough of
itself, he underscores it, in order to make me fully sensible that
the meaning of this mandate is, that my address to the Govern
ment is to be put in the shape, not of a request, but of a com
mand !
" In one of your late letters you speak of obtaining a new
situation for the ice, untfl the new house can be buflt. I have
ah-eady instructed you to go to Dr. Escovedo and have a
memorial to the Cabfldo drawn, objecting against further en
croachments upon the old house, and demanding twelve months
for the erection of the new house.
" If you neglect this instruction, as I presume you wifl, I shafl
be indebted to you for the utter ruin of the Havana business ;
for the moment the old house is pulled down, then it wifl be
utterly impossible ever to get the new lot It is that the present
house is an embarrassment to them, and they have no other way
to get rid of it, but by the grant of the new lot. I shafl feel no
safety untfl the new house is erected.
" I propose to have granite quarried and prepared here, and
shipped next Fafl for the house, when the dimensions are given;
thTnl Jnl^t"^^ ^°* ^^'^, instruction to resist encroachment, every
" Neglect It therefore at your peril"
A few days after, he pours out another torrent of mingled

43
«' instructions" and calumnies ; the latter of which were, in point
of truth, upon a par with the former in point of sense. One of
the " charges," as he calls them, here strung together, is,
" Not resisting with proper energy, encroachments on the ice
house, whereby the concern is endangered. You were duly
instructed in this matter ; and, had you followed your orders to
memorialize the Cabildo, the grant of ihe new lot would long
since have been made."
Two days after this was written by Mr. Tudor at Boston, the
foflowing was addressed to him from Havana, by Don Nicolas
Escovedo, that same " Doctor Escovedo" to whom Mr. Tudor
had instructed me to apply. So conclusive a proof of the utter
groundlessness, sheer wantonness, and downright nonsensicality
of afl the abuse in which he had been indulging towards me,
could scarcely have failed to elicit from any other man than Mr.
Frederic Tudor an acknowledgement of error and injustice,
and operate as a check for the future. Upon him, neither effect
was produced. He did not even so much as pay to the letter, —
the writer of which was the most eminent lawyer, and one of
the most eminent and beloved citizens of Havana, — the respect
of an acknowledgement ! He looked upon it, perhaps, as indi
cative of impertinent skepticism in the infallibility of Mr. Fred
eric Tudor ; and saw at the bottom of it a doubt in regard to the
point, whether that august personage did really always " under
stand his own business." " Havana, November 28, 1829.
Dear Sir,
Mr. John Damon, your agent at this place in the ice business,
has presented me a note expressive of your wish, that a memo
rial should be made to the Cabildo, representing, that, for the
construction of the new house, one year's time is requisite ;
that, until it is finished, the present store can neither be removed
from where it now is, nor can it be touched, because the pulling
down of the adjacent houses, and the action of the weather,
have reduced it to a state of deterioration that makes it difficult
to preserve the ice ; and ultimately, praying an exemption from
the duties for the materials, and the vessels which bring them;
resting this prayer on the merit of having reduced the price to
half of what was stipulated in the contract, and on the public
benefit which this merchandise confers, and the evils which
would be occasioned by the want of it, and which are irremedi
able except by the construction of a spacious and solid edifice
in a good situation.
" The idea of asking an exemption of duties for the materials,
and for the vessels that fetch them, is absolutely not to be followed.

44
At whatever epoch, I am pursuaded that the authorities would
have rejected this prayer ; and in the actusd circumstances of
the Exchequer, it would, in my opinion, be very prejudicial to
you to move the question of duties in matters relative to the ice ;
because it might give rise to the idea of charging duties on the
ice itself, and the vessels bringing it The reasons which you
suggest, would be of no weight in support of such a prayer ; they
have been urged by me a thousand times in the applications
that we have repeated by writing, and by word of mouth, in
order that the subject of the new house should be despatched.
This point alone, without complicating it with any others, has
always been encompassed with difficulties. I suppose that Mr.
Damon wifl have informed you from time to time of all the
memorials, of all the discussions, and all the solicitations, which
this business of the new house has cost ; in the course of which,
hardly one day has passed in more than three years, that Mr.
Damon has not had to take some step in pursuance of my
advice, and that of other friends. But, as you will already have
learned from the communications of Mr. Damon, when we ob
tained permission to build where we desired, the work could
not be begun because a question arose between the Royal
Hacienda and the Cabildo about the property of the land ; when
this obstacle was removed the Director of Engineers opposed
all building on the site granted by the Cabildo, because he
considered it prejudicial to the fortifications of the city ; when
we obtained the permission of the Director of engineers to
build on another site nearer the centre of San Francisco Square,
the Cabildo opposed it because they did not choose to have any
obstructions on that square ; and now we are endeavoring to
procure from the Cabildo another place on the water-side that
would answer for our object and be free from the objections
referred to.
« The prayer should for the present be confined to this point,
without entangflng the subject, or augmenting diflJculties, with
other ideas that give rise to other questions. Such is my opinion.
With the frankness proper to my character, I have expressed it
to your agent, he has requested me to express it to yourself
directly ; and this is my motive in writing this letter." {k k)
(kk) On transmitting this letter, I said, " Dr. Escovedo's letter was given to me
open, with a request that I would forward it. I would have given it on"of rav
soon ^buwou in th ™^" 'f- ""''¦ l ^"""^ I*''"" ^ ""^y^ ^"<* '^i" gi^« '^ translation
greater plrTof it ''^^ '"«^°t'"i«. ^'H get the letter, and probablf understand the
Ji\^^^ .question of a new lot is not settled soon, we shall have to go over the
whole affair anew ; and with it, will be joined that of the Privilege Mr. B __

45
Management of the Ice Business. The waters of bitterness,
of which I haye given specimens above, flowed from two sources
of trouble with Mr. Tudor. Considering the quality of the
fluid and the copiousness of its flow, these two sources were, in
aU conscience, enough for any one poor mortal to be afflicted
with. But they were not the only ones. Indeed, after what the
reader has seen of my partner's character, he will not require to
be told that new ones must necessarily have been breaking out
every day, and that my tormentor's vexations were literally with
out end. I will confine myself to two of the subjects which
afforded pretexts for them.
That my management of the business of the ice-house, whflst
engaged as Mr. Tudor's agent, and my general conduct, so far
as the prosperity of that business could be affected by it, had
been in the highest degree satisfactory to him, is established
beyond dispute by the anxiety manifested by him to induce me
to connect myself with it permanently. So, likewise, in regard
to the compensation paid by him for my services ; far from con
sidering this as exorbitant, he gave the strongest proof which
could be given, that, agreeably to his own secret estimate of the
value of those services to himself, what he paid for them fefl
far short of what he could afford to give. We have seen, that,
as an inducement to engage to render them for so short a term
as " three summers" merely, he spontaneously offered to give
me, over and above the ten per cent., a permanent share of one
tenth of the property and business; and furthermore, that the
new house, of which I was to be part owner, should be built
entirely at his expense.
No sooner, however, had I taken that fatal step which deprived
me of my free agency in regard to Mr. Tudor and his concerns,
than every thing became totally changed in both these respects.
My management and conduct, so highly satisfactory when the
motives for exertion arising from my position were less strong
than they necessarily became upon my acquiring a share in the
property, became the topic of incessant fault-finding and insult
ing animadversion. And my compensation operated as a no
less active cause of development to the amiable disposition and
just spirit of my partner.
As a specimen under the former head, I wifl give one of Mr.
Tudor's letters entire, dated May 14, 1824, two months only,
has always held the opinion that another Privilege would never be granted with
the exemption of duty on tonnage of ice-vessels, if it was on the ice itself If you
can make it convenient to come here this winter, I think it will be advantageous
to the ice business." [The gentleman whose opinion is here referred to, is the one
to whose friendly exertions what was effected for us in the Cabildo — of which he
was then a member — was chiefly due. See note (A.)]

46
after my arrival at Havana, to resume, as his partner, the same
position and duties (the latter immensely increased, as has been
seen, by causes altogether unforeseen by me) which I had so
satisfactorily held and discharged as his agent. This letter,
indeed, is the fourth of the first series, which commenced much
earlier, and but a very short time after Mr. Tudor had received
intelligence of my arrival at Havana. To facilitate its compre
hension, I wifl remark, that the "jar at Regla" and the "street
sales" have reference to two measures for extending the sale of
ice, which, in conformity wilh his instructions, and for my own
obvious interest, I had used every endeavor to put in execution.
But independenfly of the sea of troubles in which I had so unex
pectedly found myself, our means were at best but limited, and
it had as yet proved impossible to find any one who would
undertake these branches of the business.
" I have to-day yours per C. C. with account of sales and a
bill for $300. For the three last days of these sales, there is no
account of ' weight of water ' [from melted ice.] I regret this
exceedingly. It is a very great satisfaction to me to see every
thing regular. To see the sales progressing and increasing is
very agreeable ; but I see no mention of a jar at Regla, or a
commencement of street sales : I regret this exceedingly.
" I observe that you are engaged about lard selling and
molasses buying. I regret this exceedingly. I certainly do not
wish to restrain you in such little things ; but I feel confident
that all these kind of things will always end badly. You wfll
lose money by them. Molasses is now selling here at 23 cents,
six months' credit," &c. " I ask you now, whether from first to
last, taking all your adventures together, you have not lost
money ? They occupy time and attention, to no profit The
same time and attention being given to instructions would pro
duce money in your pocket in the end, and great satisfaction
to me.
" In quality of ice-house keeper you have great pay, and,
as one fifth owner of the concern you have a great prospect
Do not therefore, I pray you, continue to vex me by omitting to
do what is a very favorite object with me, and by which, I think,
we may raise the sales very greatly beyond even their present
prospect. " I think I am not unreasonable in reminding you of what
you should do as ice-house keeper. If you will be a buyer
of coffee, sugar and molasses, and a sefler of articles from this
place, why do it: but give up your situation to another at $75
to $80 a month, and retain your fifth. But, having given you
so favorable an opportunity, I think I ought to expect your
undivided attention and your whole efforts to further the enter-

47
prize according to my wishes. Surely I ought to expect, I do
expect it.
" By giving your undivided attention, you wfll find employ
enough: You wifl know the business perfecfly. By letting
alone other concerns for the present you will save money.
When you have paid off your note, send your earnings and
profits home, and have them put into Bank stock, or other
securities, where you will find them again when you come home.
This is my advice, I hope you will weigh it.
" Although I am in no particular want of money, and approve
of your prudence in saving a premium on bifls, stifl there was
on the 26th April, more than five or six hundred dollars in the ice
house ; which is to be avoided if possible. So the instructions
say, and they must be foflowed as near as they can be : Money
in Boston is safe, in Havana never.
" I have now, for the 1st, 2d, 3d, and 4th time, (in Nos. 7, 8, 9,
& 10,) expressed my wishes and expectations. If they do not
produce the effect desired, expostulation will be vain, and this is
the last time it will be adopted. I conclude with saying to you,
that, if ever I observe any intoxication in you arising from suc
cess ; any neglect of regular and understood duties; habitually
any long letters to grocers and short letters to me ; anything
whatever which makes it apparent that I have shown you a mis
taken kindness ; then you will have lost a friend whom it wifl
be impossible to recover." {I)
(I) Three days after, Mr. Tudor writes another long letter, some passages of
which I will quote ; premising for the reader's edification, that, some ten years
after, Mr. Tudor assumed the ground that the agreement upon which I had become
owner of a fifth interest rendered it obligatory on me to reside at Havana so long
as he might please ; that my interest was " essentially founded upon [my] residence
at Havana," and was absolutely forfeit upon my refusal to obey his orders in this
respect. The reader will please read the following extracts with reference also to
another fact : in the legal controversy which arose between us, Mr. Tudor main
tained that I had never been his "partner," but always a mere agent:
"Now we are upon the subject of having every thing adjusted right, it may be
well that I should explain myself on the subject of ice-house keeper in distinction
from the concern.
"J. W. Damon as my partner z-ni interested one fifth with me in the Havana
business is entirely independent and without control; but J. W. Damon as keeper of
the ice-house is subject to my instructions — a part of the business which is ' re
served entire in F. Tudor.' No portion of this authority was ever sold to J. W.
Damon. " Now if I am disposed to be an unreasonable tyrant — one that it is impossible to
satisfy, unjust, ungenerous, inconsiderate, &c. &c., to bear which the ten per cent.
is no equivalent; then it becomes a matter of question with J. W. Damon whether
he will be any longer ice-house keeper; but while he is in its place he must con
sent to its discipline.
" The connection in the concern is one thing — the situation or place of ice-house
keeper is another. In the first, you are free to do as you clmose; but by the second
you agree to submit to instructions. You are placed by me as ice-house keeper —
you may be displaced also.

48
Such was the spirit and the tone in which I was now
addressed ! Not content with demanding that my undivided
attention should be given to the minutiae of the business, as
ordered by him ; (an absolute impossibility, seeing that a great
part of that attention had to be given to the defence of his
interests and my own from dangers, which at the time of pur
chasing, I had not the least idea of their being exposed to ; ) not
" I would not have you for a moment suppose, Damon, that I have any thought
which has any variation or discrepancy to the wish which I pressed upon you in
March and April, of 1823, while in Havana, nor shall I wish to make any change
while you remain unchanged ; and leave to your own inclination to determine the
time you shall remain.
" But as we are setting out upon a journey together, it will be well that we should
adjust little matters and things at the commencement ; so that it may be understood
who is to hold the reins, which road we are to travel, which seat in the coach be
longs to you and which to me — that we may get along well together and have no
disagreeable feelings on the way ; that I may not be thought to crowd you, or you
put your feet upon my benches or occupy with your baggage the parts of the coach
which appertain to me.
" If I should instruct the ice-house keeper rather to pick his nails than engage in
buying and selling, I think he is bound to do it : but you see I do not. I only ad
vise J. W. Damon not to do it for his own interest. I request of him to give all
his forces to understand, regulate and advance an enterprise which is of so much
promise ; and not to distract his attention by little trifling concerns, with little
trifling people."
This passage is given with reference particularly to the points above stated, but
there are several other things in it richly meriting attention. One is, the assertion
of his right to " displace " me as ice-house keeper, at his own good will and pleas
ure. Upon this point, I will only refer to the examination of the documents from
his hand, contained in § 2. Another is, the ground upon which he claims a
right to give me whatever " instructions " he may please respecting the disposal of
my time, and to require passive obedience of me in this respect as the only alterna
tive to the reUnquishment of the post. This ground being, that his bill of sale
contained the following stipulation : " the right of instructing the mode in which the
business shall be conducted is reserved entire in said F. Tudor." This is the ground
upon which he asserts that I had contracted the obUgation to be his slave, and im
plicitly to obey whatever instructions he might please to issue regarding the
employment of my time and thoughts, and even of my money 1 And this assertion is
advanced m the face of the following words, contained in his proposal and in his
bill of sale: "if you are wiUing to return here, conducting the business as at
present. — " Mr. Damon goes to Havana and is to charge the concern ten per cent.
for his services and remittances and other necessary care of the business, the same as
last year These are the things which had made me his slave, bound to spend my
Xime picking my nails, if it should please him so to "instruct the mode in which the
business shall be conducted ! "
The funniest part of the whole, however, is the foresight displayed by Mr. Tudor.
It may be well I should explain myself" And this, too, " as we are setting out
upon a journey together." Most provident and opportune explanation! "Suing
out, quoth Mr. Tudor ! ! The reader knows how perfectly appUcable these wordi
llVL'"V°'T'i°^ "i*.^?"' May, 1824. "Gentlemen," said the steam-boat
captain, after the boiler had burst, and the boat was sinking in the middle of the
Mississippi river, high up m the western wilderness, " Gentlemen, as we are set-
n°/X .^tu J""',""^ together, it will be well that we come to a clear understand-
ciin An,^' '11 ' and regulations. No smoking is allowed in the ladies'
before wts^t-.rt"rt"v,'r'^?"'''^''° ^f °°* conformable will please step ashore
belore Y start. If this facetious gentleman was not cousin german to Fred
eric Tudor, Esquire, no one will deny that he at least deserved the distinction.

49
content with prohibiting me to use any little means I might'
possess in commercial speculation, Mr. Tudor arrogates to
himself to give me instructions, — in the shape oi " advice,"
which he trusts wifl be " weighed," — concerning the mode in
which my savings are to be invested!
Immediately on receiving this tirade, I repfled to it, exposing
the utter groundlessness of all the reproofs contained in it In
regard to the "jar at Regla," and the "street sales," I detailed
the steps fruitlessly taken by me to put them in operation. In
regard to the " lard-sefling and molasses buying," I stated the
fact, "that I have not sold a pound of lard, nor bought a gaflon
of molasses since I arrived here ; " and I gave the name of the
American House, one of his own correspondents at Havana,
who had received, entered and sold, a petty consignment of fifty
kegs of lard, which had been shipped to me on joint account by
a grocer at Boston, (a very short letter to whom, written simul
taneously with one, three or four times as long, to Mr. Tudor
himself, constituted the only pretext for the " long letters to gro
cers, and short ones to me," embraced in his string of imperial
prohibitions.) In regard to the non-remittance of money, which
he pointed out as a breach of those instructions which " must be
followed," I pointed out the inconsistency of those instructions
in requiring that money should always be remitted immediately,
and in restricting me to the purchase of bills at a discount or at
par. I acknowledged, that, through my strong disposition not
to retain his money in my hands, I had violated a part of this
inconsistent instruction by purchasing bflls above par. I stated
the fact (which he could know from his mercantile correspond
ents) that, even at the current premium, bills for such small
amounts were not to be had at the time referred to ; and I gave
him the name of the American merchant who had declined an
arrangement which I had proposed in order to obviate this diffi
culty and enable me to make the remittance. The general bear
ing of his charge of neglect, was met by saying, " I think I have
not neglected anything about the ice-house to attend to other
business ; in fact, I may say I have had no other."
Having thus disposed of his specific allegations, I told him,
that if he could specify any other part of my conduct which
required explanation, he had but to do so and I would make it
clear to him or consent to suffer ; but in regard to his indefinite
censures about " intoxication from success," &c., they were hard
words, which I did not understand. I requested, that if I had
lost his confidence, he " would tell me so in plain words ; " and I
concluded as follows : "Iwill thank you to inform me immedi
ately after you receive this, whether you are still dissatisfied or
7

50
not. If you are, I must tell you I cannot serve you any longer :
for I cannot serve where there is want of confidence, not only in
a faithful adherence to honesty, but in my conduct in general.".
In acknowledging the receipt of this letter, Mr. Tudor, under
date June 30, 1824, says,
" You may rest assured that it is not a want of confidence in
you that has caused my letters from No. 7 to 11, inclusive. I
very much regret you should have supposed such a thing
possible. I have that confidence, Damon, in your high sense of
character, that (whatever other causes of dissatisfaction I may
find) a doubt on that subject never can enler my mind. I have
known you too long, and believe you free from a thought which
would dishonor you as an honest man.
" But this is not the subject in question. It is whether you
are not assuming a tone and style bordering on authority, in the
Havana business."
This is a specimen of the professions of unbounded confi
dence in my integrity, [It) which, on more than one occasion,
Mr. Tudor has found it to his purpose to pour forlh ; the last of
these occasions, as will be seen hereafter, being posterior to the
allegation of utter want of confidence in my honesty, advanced
by him before a tribunal of justice, as a ground for its permit
ting him to retain what he had juggled me out of, and was, by
the decision of that tribunal required to restore ! In the midst
{II) Nor was this " smooth thing" a solitary one. The tone of his letters con
tinued for some time to be wonderfully gracious and even honied. Witness the
following samples, from three successive letters :
July 20, 1824. " Since my last [which contained not a word of grumbling] I
have your very satisfactory letters of 15th ult. and 3d inst."
July 21, 1824. Comparing or contrasting me with another person who had
been in his employ, and whom he had thoughts of again employing, he says:
" You have run great risks for advantages which you possess, and are to possess."
July 29, 1824. "My dear Damon; [instead of the usual Mr. J. W. Damon] I
received your letter of the 10th inst. It grieves me much to see you down-hearted
and discouraged; for which I trust there is no cause." — "I had the same
indications of disease when in Savannah five years ago, as you have, and also
repeatedly since. They are occasionally mere temporary difficulties ari'sin^from
a nervous derangement of the system." — " Keep up your spirits, and rest assured
you have always had my entire confidence." [See note (k.)]
And so matters went on. His letter of December 22,"commences •
"I have received your long and very satisfactory letter of the 27th' Nov. and am
glad to see you taking hold of every thing relating to the business with a firm
grasp, and an utter casting away of all timid and torpid feeUngs. You appear now
to have the best spirit possible, and aU that is necessary for maintaining a firm
footing in Havana and sustaining our business there as it should, and ou^ht, and
must be sustained." ' o i "
My letter-book shows that all these compliments are but reflections of change
in Mr. Frederic Tudor; and that in regard to my letters and every thing else, I hid
remained the same, and had but pursued the even tenor of my Jay. If I merited
his compliments "now," they had always been my due, in place of his insulting

51
of these professions, his diplomacy, too, is apparent I had
informed him that I would not continue in his service, nor in
any service, except on the condition of confidence, not only in
my honesty, but in my conduct generally; and I had requested
an explicit reply on both points. He dexterously confines his
reply to one of them, my integrity, so as to leave room in future
for that indulgence in imperious fault-finding and abuse, which,
it seems, constitutes with him one of the chief charms of exist
ence. But, even on this occasion, lavish as he saw fit to be, of
his expressions of confidence, it was not in his nature to make
a manly acknowledgement of error. Upon all the points speci
fied by him, he had been demonstrated to be in the wrong, and
most absurdly so. But how could he condescend so far as to
acknowledge this ! Forbid it, true dignity ! Forbid it, Tudor
blood ! ! He deigns to say that he believes me to be honest; but
he says this only in order to add, " that this is not the subject in
question." What then ? Does he go back to his old grounds
of censure ? This would not do neither. He therefore finds a
new ground : the true question now " is whether you [John W.
Damon] are not assuming a tone and style bordering on author
ity, in the Havana business !" And this grave " question"
(Ulustrated by a quotation from one of my letters, wherein I had
made some remarks upon one of his plans respecting the ice
house, in language which he deemed not sufficiently reverential)
is what is now produced in lieu of a candid acknowledgement
of error in coming down upon me with a string of insulting
tirades, of which I had demonstrated the utter groundlessness !
To any ordinary man, this incident would have proved a
salutary lesson. Not so, however, with Mr. Tudor; he is un-
teachable ; if not in all things, at least in regard to what is due
to the rights and the feelings of others than his own privileged
and imperial self. In less than nine months, what with the end
less difficulties at Havana, what with the endless annoyances
from Mr. Tudor, my position had become intolerable ; and I
wrote to him, on the 14lh March, 1825, as follows :
" Your letters, Nos. 3 and 4, were received yesterday, and their
contents give me great uneasiness. It is impossible for me to
live in continual warfare on all sides. I am continually engaged
in it here, and some threaten my life. You call me impudent,
and charge me with avarice, threaten to discharge me from being
ice-house keeper, or reduce my pay one half, &c. I now leave
it with you to turn me away and settle our accounts as provided
in the transfer of one fifth of the concern, where it says, in case
of any accident or misfortune happening, &c ; or to annul the
conteact entirely, in which case you will appoint an ice-house

62
keeper, for I cannot think of selecting one. When I shall have
left the concern I do not wish to have any responsibility for the
good faith of the ice-house keeper."
This letter is not undeserving attention, as evidence in regard
to what I then considered to be the nature of my position,
resulting from the agreement and transaction between Mr. Tudor
and myself. It will be seen to harmonize perfectly wilh the
evidence on the same point afforded by the documents and letters
from his hand which have been under consideration.
I here propose to him to do one of two things : either sever
the connection between us altogether, by annulling the sale and
restoring my money; or if he would not do this, then to annul
the contract in all its parts, so that I should have nothing more
to do with the management of the business. This proposal, it
is to be observed, is made wilh express reference to his threat
" to discharge me from being ice-house keeper, or reduce my
pay." How is this threat responded to by me ? In the first
place, it is in part already answered by the first words of my
letter, apprising him that my position is rendered intolerable,
and that consequently I am most willing to extricate myself
from it. The only point remaining to be settled, therefore, is,
upon what terms shall this deliverance take place ?
In regard to this point, my own preference manifesfly is to
sever our connection altogether by a dissolution of our partner
ship and the repurchase by him, of my share in the concern.
But, inasmuch as the contingency specified in the bill of sale
had not occurred, I had no right to insist upon this, and it had
therefore to be left at his option. Referring, as I have before
said, to his threat to discharge me or reduce my pay, I tell him
that I am willing to be discharged ; (implying, of course, that I
wifl not consent to the reduction of my pay ;) and I tell him also
the condition upon which I am willing to be discharged. " I
now leave it with you to turn me away and settle our accounts
as provided in the transfer of one fifth of the concern, where it
says, in case of any accident or misfortune happening," &c. In
other words, you [Mr. Tudor] may " turn me away," as ice
house keeper, if you will at the same time pay me back my
money, and thus enable me to wash my hands forever of you and
your "concern." This is one of the arrangements which I pro
pose to him, as a way whereby he may rid himself of me as
ice-house keeper, and /may rid myself of him as partner.
The other arrangement which I propose, in the event of his
refusing to annul the sale, is, " to annul the contract entirely."
What does this mean ? What is this " contract," which I refer
to as a distinct thing from the sale which I have just proposed

63
to rescind? What is this contract, which I here propose to
« annul entirely," that is to say, in all its parts ? The reader of
Mr. Tudor's " Memorandum of Proposal," and the mailer con
nected therewith, cannot be at any loss to answer these questions.
This " contract" is that mutual agreement upon which the sale
by Mr. Tudor, and the purchase by me had taken place ; that
mutual agreement, which, on the one hand, entitled me to the
administration of the ice-house at the ten per cent compensation ;
and on the other hand, enlifled him to what I had engaged to do
as partner, that is to say, " look after the business," (in the very
restricted sense in which the terms of his " Memorandum" prove
that the words were used by him and understood by me,) and
occasionally visit Havaiia ivlien necessary. This is the " con
tract" which I here propose to annul in all its parts, whereby
he would be left free to have always as ice-house keeper, a per
son to his own taste, and at such compensation as he chose to
give him ; and I should be left in the position of a merely dor
mant partner, as owner of a fifth of the concern, free to give to
the business as much or as litlle of my attention as I myself
should see fit {m)
Such was the nature of my proposal. His reply to it, con
tained in a letter under date April 16, will be seen to be in
character : disclaiming in smooth terms all desire to part com
pany wilh me, now or ever, and all disposition to say disagree
able things ; but covering his retreat by still harping upon his
" instructions," which (as had been explained, and as he perfectly
well knew) had been conformed to, strictly and literally, so far as
circumstances rendered it possible that they should be ; and in
regard to which, therefore, there could be no ground for expect
ing but that the future would afford to his nature the same
pretexts for indulgence that it had found in the past.
(m) Here, again, it will perhaps be thought that very unnecessary pains have
been taken to establish the precise meaning of my letter. No one, accurately
informed in regard to the nature of the transaction which had taken place between
Mr. Tudor and myself as indisputably established by his own writings, could fail
to understand my letter precisely as I have e.xplained it. This is true. But I
have been led to engage in this explanation from the circumstance that this very
letter has (at a period long subsequent to its date) been produced by Mr. Tudor in
court, to establish the justness of his pretensions by proving that I had acknowl
edged his right " to turn me away" whenever he phased!
Being originally nothing but " a poor, miserable carpenter," I acknowledge,
without shame, great inferiority to Mr. Tudor as a scholar. At a game of letter-
writing, we should be no less unequally matched than at planing a plank. Still,
if any intelligent and candid per'Jon can be found, who — particularly after peru
sing the documents from Mr. Tudor's hand, adduced by me — will say that my
letter admits of any such interpretation as that given to it by Mr. Tudor when he
addacedit iu evidence, .'ieparated from all those documents which preclude doubt in
regard to its true meaning, this will prove me to be a greater bungler at the pen
than even I suppose myself to be.

54
But for one purpose which it incidentafly serves, his reply
would scarcely deserve transcribing. This purpose, however, is
rendered very important by his subsequent course, years after,
in asserting that the agreement between us at the time our part
nership was entered into, rendered it obhgatory upon me to
reside at Havana so long as he might see fit to require it Upon
this point, we have seen the testimony afforded by his own
original " Memorandum of Proposal;" testimony so clear and
so strong as to preclude all possible reply, short of an utter denial
that the arrangement which took place in consequence of that
proposal had any reference to the terms and conditions therein
set forlh. It is in regard to this point, that the present letter
(written about two years after the proposal, and about fifteen
months after the bill of sale whereby I became his partner) is
valuable ; for we have in it an incidental reference to the " Mem
orandum of Proposal," strongly corroborative of the fact, that,
in ihat document are to be found the true terms of the agree
ment upon the strength of which we became partners.
Distinguishing (as I had done in the letter to which he is now
replying) between my ceasing to be his partner and my ceasing
to be ice-house keeper, he says : " I have no wish that you should
leave the concern, or your present situation, until you have
received the remaining two summers' sales, as was originally
planned. As to leaving the concern, I should be sorry you
should ever leave it." " As was originally planned : " When ?
Where ? What do ihese words mean ? Mr. Tudor's " Memo
randum of Proposal," answers these questions. His whole let
ter, so far as it regards my proposal, is as follows:
" I have no wish that you should leave the concern, or your
present situation, untfl you have received the rernaining two
summers' sales, as was originally planned. As to leaving the
concern, I should be sorry you should ever leave it; but if you
write me improper letters, and detain money when it is due for
remiltance, I shafl not receive such things with calmness or
kindness. I wish to say nothing to you which is not agreeable
to your feeflngs. Neither have I done it until you positively
refused [a positive untruth] the most particular instructions
respecting those remittances. To avoid difiiculties in future,
follow instructions: Number your letters; make up accounts
every month, and remit four-fifths of proceeds, or the whole, and
I will do the best I can for you here ; for your part choose which
of these you will do, now, and let me know."
After discussing other matters, he recurs to the subject, and
closes his letter thus : " Perform my reasonable requests and we
shall get along smoothly. Neglect them, or act contrary to them,
and we cannot"

55
About a month after, he writes : " If you follow instructions
we can never have anything which is disagreeable, said or written :
indeed it is impossible, Damon, for me ever to be long angry
with you, because I perceive in you at afl times, integrity of
intention." It is seen, that among the grounds upon which Mr. Tudor
places his apologetic justification, one is, that I had written
"improper letters." This is an allusion loan incident, which,
as it affords an excellent illustration of his character and of his
notions of justice in matters of account, wifl be found explained
in Appendix (D.)
My letter above serves to fix the dale of a pretension on the
part of Mr. Tudor, which bore in its womb, consequences the
most serious both lo him and to me. It is here seen, that so early
as the beginning of the year 1825, — before 1 had been a twelve
month in charge of the ice-house, under the agreement by which
I had been induced to become his partner, — Mr. Tudor had
already advanced a pretension, at his own good will and pleasure,
to reduce my compensation of ten per cent, to one half the
amount ; and also that he had already found a pretext for threat
ening to exercise this power. The nature of this pretext will be
seen in Appendix (D) above referred to.
This reduction continued to be a favorite object with him.
His other freaks and fancies were, many of them, as transient
as they were baseless. But this one had a very substantial
ground to rest upon. It was wilh him a very solid consideration
of dollars and cents, one which, at all times, had its due weight
upon his mind ; and in the progress of events this acquired so
much importance as to become the chief cause of my annoy
ances from him, even when other pretexts were found for ihem,
and finally the motive to a proceeding on his part whereby I
was for a time deprived of my rights, but which ultimately re
coiled upon his own head.
This, however, was not until long after the period with which
we are now occupied ; and which, commencing with the part
nership in 1824, comes down to 1830: embracing only Ihe
years during which I was involved in the difficulties and sub
jected to the trials arising from the subjects of the Privilege, and
the lot for the ice-house. During this period, Mr. Tudor's pre
tension respecting the reduction of my compensation, — which
began, as we have seen, early in 1825, — was renewed ; and this
being done in the way natural to his arrogant temper and dicta
torial habits, it finally resulted in my giving up the charge of
the ice-house, in the determination to have nothing more to do

56
with the business, but to wind up my affairs at Havana, return
to the United States, and setfle in the Western country, (n)
This step, however, was not taken untfl Aprfl, 1830, subse
quently to the dales of Mr. Tudor's letters, extracts from which
are now about to be produced.
Mission op Mr. Henry Tudor. The reader wifl not have
forgotten the letter, under date November 28, 1829, addressed to
Mr. Tudor by one " Doctor Escovedo," by whom he had "instruct
ed" me to get a certain memorial to the Cabildo drawn up,
demanding of that body such and such things as being required
by Mr. Frederic Tudor. This episfle, although it remained with
out acknowledgment, was not, it seems, altogether without effect
upon the liege to whom it was addressed. At any rate a change
in his tone to me on the subject immediately foflowed, as wifl
be seen from the following extracts:
December 29, 1829. " The difficuUies which [are mentioned]
in your several late lelters, I am aware of, and have engaged
my brother Harry to go out to Havana in the course of two
weeks, to see what may be eft'ected."
December 30, 1829. " My brother Harry wifl leave here for
Havana in two weeks, in order to see what may be done to re
lieve the difficulties."
January 27, 1830. " My brother comes out to Havana with
full power to act for me in all cases whatever." " The one thing
WANTED is the LOT ; and the lot in the Plaza San Francisco is
of the greatest moment to insist upon." " I am of opinion, that if
by the eflbrt now to be made by my brother, we can lay the
foundation for a new, and large, and permanent house, all ques
tion of the Privilege may subside."
Such was the change of tone in Mr. Frederic Tudor! In
one respect, however, it had not changed. It is still "we."
It is still our interests, — the joint interests of me, Frederic Tudor,
and you, John W. Damon, — that are at stake. If the effort now
to be made should prove entirely successful, then, and in that case,
" WE can lay the foundation for a new, large and permanent
house." It may be remarked, too, as an illustration of the ab
surd incongruity which shone among other properties in Mr.
Tudor's views and " instructions," that, but a short time before
the date of this letter, wherein he expresses the opinion that if
we can but obtain a site for a large and permanent establish
ment, we need not care about the Privilege, he had been extreme-
()i) The details upon this point are highly important to a just estimate of Mr. Tudor's
entire course. They will be found in Appendix (E) and Mr Tudor's conduct will
be seen to be in perfect keeping with all the other illustrations of his character,
prior and subsequent.

57
ly anxious to form an establishment and to secure the exclusive
Privilege at Matanzas ; not on account of its own value, but
merely as a safeguard against the possible competition at Hava
na from an establishment at Matanzas ! (o)
Agreeably to this announcement, Mr. Henry Tudor arrived at
Havana, early in the year 1830, provided with the " full powers "
of his afl-puissant brother. After spending several months there
without any other result than that of subjecting his principal to
the expense of this mission, he returned home in disgust, de
spairing of the possibility of accomplishing anything whatever.
It was during his visit, that, in April, 1830, I retired — forever,
as I supposed, — from the charge of the ice-house. This, in its
subordinate detafls, was provisionally entrusted to a Mr. Lim-
bough, whose services were obtained by me for Mr. Henry
Tudor. At the earnest request of this gentleman, (who always
deported himself towards me as one,) I continued, for the few
weeks I had to remain at Havana, to reside at the ice-house, to
" look after the business," and to afford him assistance in various
ways. The resources placed by his brother at his disposal
proving inadequate, I advanced him money to enable him to
meet a demand upon the concern, and also for purposes in
which I had no interest; and I continued to devote much time
and exertion in endeavoring to procure the required site and the
renewal of the Privilege. In urging me to render these services,
notwithstanding my determination to sever myself from the con
cern, Mr. Henry Tudor represented — and very truly — that my
own interest required it ; for not merely the current income of
(o) This was his motive for wishing to secure the exclusive Privilege at Mat
anzas. Under date November 25, 1825, he had written to me: " It is time to do
something on the subject of Matanzas; because it will not do to have any one else on
the ground of Cuba, which might endanger Havana." Again, December 7,1825; "I
now enclose you my power of attorney, to act in the case of Matanzas. If you
are disposed to go up there for a week, look at the ground and examine the place,
also memorialize the Governor, I think it might be well. It will be necessary to
ask a free lot and free tonnage, and twelve months for building the house. The
object, for this year, is to prevent interference, and to make sober and slow prepara
tion for commencing when we are ready."
So we see, the whole island must be occupied and fortified for the protection of
the Havana establishment. No other ice-man must be allowed to set foot on the
soil of Cuba, because this " might endanger Havana." And yet, believe him, the
exclusive Privilege at Havana was of no sort of consequence, a mere matter of
moonshine !
It is to be observed, too, that on the occasions when he pretended, or fancied,
that he attached but little or no value to the Privilege at Havana, because no one
could successfuUy compete against his masterly dispositions and management, he
always lost sight of the trifling circumstance, that if the Privilege were not secured
by us it might be by some one else : in which event, his genius would no more avail
than if it had always remained hid under a bushel.
It is to be observed also that these occasions were prior as well as posterior to
the date of the foregoing extracts.
8

58
the establishment but the value of my fifth was at stake. This
position, however, I had every reason to consider but a momen
tary one ; as the reader wifl perceive on referring to Appendix (E),
He will there find the details of a proceeding on the part of Mr.
Frederic Tudor, which wifl astonish him, unless the acquain
tance he has formed wilh that gentleman's character have already
fully sufficed to impart to his name the faculty of divesting of
all wonder-exciting power, any transaction in which it may be
found to figure. It will be there seen under what circumstances
it was, that the post of ice-house keeper was relinquished by me
in April, 1830; by what circumstances it was, that, contrary to
my positive intention and certain expectation, I wus detained at
Havana from week to week and month lo month ; how Mr.
Tudor contributed to this detention so far as lay in his power,
by failing lo redeem his positive pledge, immediately to send out
to take charge of the establishment, "an excellent man," whom
he had solemnly averred that he had "ready" in case of my
refusal to subiuit to his terms; in a word, wilh what exceeding
dexterity the dignified game of "fast and loose" was kept up
for a twelve-month nearly ; how, in August, 1830, 1 was induced,
by a consideration of the highest moment to Mr. Tudor's inter
ests no less than my own, to resume charge of the ice-house, at
the desire of Mr. Tudor's attorneys and under an appointment
from them, until he should have time to make Ihe arrangements
required by the stale of our affairs; how, on the receipt of this
intelligence, in Oct. 1830, he expressed great satisfaction at my
being once more in charge of the establishment, and how the
game of " fast and loose " was slill kept up ; and finally, how
the sacrifice of my inclination, temporarily consented to by me
in August, and whereat he had expressed his joy in October,
was, in November, made the pretext for further insult and for
further departures from truth, by my amiable and " munificent
patron." New Privilege Obtained. On relinquishing the post of
ice-house keeper, in April, 1830, 1 had ceased to correspond with
my partner. In the Appendix (E) just referred to, it is seen how
our correspondence was renewed, through his availing himself,
for that purpose, of an incident arising from the advance of
funds which I had made at his brother's solicitation.
On the 23d September, 1830, he writes as follows :
"I have your several favors to the close of August. The as
sistance you rendered the concern in the security is good. Such
responsibilities are to be entered into with caution."
This had reference to a mortgage upon some real property
owned by me at Havana; which, — a mortgage of the kind

59
having been insisted upon by the authorities as an indispensable
condition to the grant of the Privflege, — had been given by me,
to secure the faithful performance of the new contract upon
which the Privilege was founded, and particularly the penalty
of $4000, therein stipulated for, in case of a faflure in the supply
of ice for the space of tweaty days, (p)
By this expression of his thanks, — in the " good," laconic form
appropriate to his lofty, imperial nature, — for the last service
rendered by me in securing the Privilege, by obviating the
only remaining obstacle to the grant of it, Mr. Tudor is seen to
express very decidedly, although impliedly, his satisfaction at
the event, and his approbation of the terms of the contract; in
regard to which, down to the minutest details respecting the
hourly progress of the business, he had been kept advised from
day to day. This fact is to be borne in mind, with reference to
an approaching outbreak of Mr. Tudor's nature.
In the Appendix (F) will be found some of the very numer
ous details respecting the progress of the business; showing
how, after the Privilege had been consented to and granted by
the authorities, and after the terms of the contract had been
agreed upon and settled, our interests were still kept for several
months in imminent jeopardy, chiefly through Mr. Tudor's ex
traordinary conduct, (if indeed, the epithet be applicable to
aught coming from him,) in not replying to the communications
addressed to him by the House, which, at the earnest solicitation
of his brother, had consented to attend to this business for him.
Whether this indecent return for their kindness, — which, agree
ably to the received standard of civility, would have been
devoid of all decency, even if they had stood towards him in
the mere relation of ordinary commercial correspondents, having
no claims upon his gratitude, — whether it be ascribable to a
deliberate game, having for its object to avoid commillal and to
leave himself free to adopt or to reject their acts according as his
ultimate election might be to avail himself of them or not, the
reader will judge for himself. If he come lo the conclusion
that this is the proper explanation of Mr. Tudor's course, he will
be able to refer to the game depicted in the Appendix, (E) as
affording at least a presumption that another simultaneous game
may, without injustice, be believed in.
Referring to the Appendix (F) for the details in regard to the
business of the contract, I will here confine myself to the out
lines of the matter.
(p) This mortgage will be seen to play a conspicuous part in the events of 1837,
as the basis of an exceedingly clever (1 say nothing of its other properties; leav
ing it to the reader to find names for them) stratagem on the part of Mr. Tudor.

60
In the month of June, 1830, Mr. Tudor transmitted his power
of attorney to Messrs. Scull, Storey & Co., who, as has been
already stated, had yielded to the earnest request of his brother,
by consenting to represent him at Havana, in regard to the pend
ing application for the Privflege, which, at the request of the
same genfleman, I had undertaken to renew and to follow up
during the short period I then expected to remain in the island.
On the 14lh of August, the grant of the Privilege received
the sanction of the Intendant, the last of the authorities whose
concurrence was requisite. They had, however, refused to grant
us a lot, as had formerly been done ; and we were left to pro
cure one for ourselves. This constituted one of several features
in the aspect of affairs, — as this varied from day to day, — which
induced Mr. Tudor's representatives to postpone the formal exe
cution of the contract until they could learn his views regarding
these coflateral matters. For this reason, the subject was kept
in that state until near the close of the year, at no small risk
of a revocation of the grant in our favor, and its being transferred
to some one else ; for the authorities could not but consider it
as most extraordinary conduct on the part of Mr. Tudor, that,
after having been importuned for years by him, through a suc
cession of representatives, and after having finally granted his
petition, and after the terms of the contract had been agreed
upon and settled, their acts should be treated with so little cere
mony as he showed by not coming forward and formafly binding
himself in the mode required by law. Nor could the gentlemen
who had (to their great regret, as they now felt,) committed
themselves by a promise to the imperial gentleman's brother, be
otherwise than sensible of the unpleasantness of the position
which they, as the immediate actors in this very equivocal pro
ceeding, were thus made to occupy in the eyes of the authori
ties and of all the persons whose influence in our favor had been
enlisted, whether by my exertions or through their own disinter
ested kindness. Counting upon immediately hearing from Mr.
Tudor, they postponed the subject, — as they at first took for
granted, — but for a few weeks ; and when this expectation was
disappointed, every revolving day seemed only to bring with it
a stronger and stronger assurance that the suspense in which
they were kept must certainly terminate with the next arrival.
Thus was this state of things protracted from day to day tifl
near the close of the year ; at which period, Mr. Tudor's attor
neys (most heartfly wishing that they had never placed them
selves in any such predicament as that of having anything
to do with him) came to the conclusion, that, even independently
of other considerations, the only safe course for his interests was,

61
to execute the contract in the form required by law. This was
accordingly done on the 16th of December, one of the last of the
business-days of the year. After its expiration, a new set of
men would come into office, in some branches of the adminis
tration, and their concurrence in the grant would have to be
obtained ; indeed the whole labor of obtaining it would have to
be commenced anew. And, under such a state of facts as this
case would have presented, had the year been aflowed to expire
leaving the thing undone, what man (unless indeed Mr. Tudor's
own courage had been equal to the undertaking) would have
had the face to present himself before the authorities, old or
new, with a prayer for another grant of the Privilege to the same
individual? — the very same individual who, after putting them
to all the trouble which his importunities had caused, and after
obtaining their favorable action in his behalf so far as to leave
nothing to be done except his formally binding himself to what
had been by himself proposed, — had failed to redeem such a
pledge !
In this contract, obtained, — as the reader who may have had
the patience to follow me thus far well knows, — chiefly by my
exertions and through my agency, the name of my partner alone
appears. It was executed by the attorneys of Frederic Tudor,
Esquire, and in his name solely. To this, several causes con
spired. One was, that having, — for the second time, and for
ever, as I firmly believed, — retired from the post of ice-house
keeper, and hoping to extricate myself from the partnership, by
' the disposal of my share to Mr. Tudor, I deemed it best that the
matter should not be complicated by the insertion of my name
in the contract. But the chief reason, — although I was unconscious
of it at the time, — was, that although Mr. Tudor had treated me,
as I conceived, with great injustice, that injustice had thus far
consisted mainly in unmerited insult, and, so far as money was
concerned, in appropriating to himself things which a man of his
temperament might sincerely /aracj' to be rightfully his. I had as
yet no conception of the lengths to which his injustice (I give
it this name — the reader can add such others as he may deem ap
propriate) could be carried, nor of the magnitude of the scale up
on which it was capable of influencing his conduct I yet
remained in the dark as to the meaning attached by him to the
words " I sefl." It was not until long afterwards, that I became
enhghtened upon this point, and was informed that his " Memo
randum of Proposal to Mr. J. W. Damon," and the document writ
ten by him to carry into effect my final acceptance of the terms of
that Proposal, meant nothing, — or at least, had no meaning in the
law; that my ownership of any share in the concern was " es-

62
sentiafly founded on your [my] residence in Havana ; " and that
(putting out of view the question as to his possessing any right
wdiatever to reduce my compensation) if the inadequacy of the
compensation which he might please to grant to the ice-house
keeper, or the vexations to which he might please to subject him,
should render the post intolerable to me, and I should see fit to
retire from it, still I must continue to reside at Havana, as the
only alternative to forfeiting the share which my money had paid
for ; nay, that by merely presuming to contest the point with Mr.
Tudor, all my interest had become forfeit.
All this I had yet to learn ; I was without the remotest con
ception that it was among possible things that Mr. Tudor should
ever take the ground above described, and go far beyond it even,
(if, indeed, greater or less be applicable to distances both im
measurably great,) by denying, in the face of his own repeatedly
written words, that I had ever been his " partner," or ever the
" owner" of a share in the establishment, or ever anything more
than a mere "agent!" And, therefore, without any objection on
ray part, Mr. Tudor's name alone was inserted in the new Privi
lege, — that Privilege which had been earned by my exertions
and obtained by me, as the reader well knows; and which did,
by every conceivable title of right, belong to me in the proportion
of one fifth, as truly as it belonged to him in that oi four.
Thus much in regard to the Privilege and contract I must
now recur to a collateral subject, and take up the thread of events
connected with the post of ice-house keeper. In the Appendix
(E) already referred to, this subject is presented in the order and
detail requisite to afford a conception of the nature of Mr. Tu
dor's course with respect to it. I will here lake it up at the point
where that account of it closes, to state, that, on receipt of Mr.
Tudor's letter of Nov. 22, 1830, I immediately made arrange
ments for again retiring from the ice-house, and then replied to
him as follows :
Dec. 20, 1S30. " Your duplicate of the 22d Nov. was received
a few days since, in which I perceive you have expressed your
self in a strong manner. I have nothing to say at present to the
above mentioned letter, only to the latter clause, where you say
that I had turned out, without authority, a very excellent man,
&c. ; in answer to this clause, I refer you to your letter of the
2Cth August last.
" The man is replaced, as per your order, and enters on his
duty to-morrow ; and I am to take passage for the United States
in a few davs.
" The accounts are brought up to the close of this day."
Thus, then, did I again find myself in the position which I had

63
assumed early in the year, with the intention of departing imme
diately for Boston ; that position which would have been assumed
at an earlier period still, but for the dignified game of " fast and
loose," [see Appendix (E) ] so adroitly played by my partner;
that intention which he, — in utter disregard of his own repeated
and most positive assurance respecting the "excellent man,
ready " to be despatched to take my place, — did all that lay in his
power to defeat. In one respect, however, my position was now
different from what it had been when first assumed. The Privi
lege had been obtained, and the contract securing it had been
executed. This motive, therefore, no longer existed for my per
mitting any " off and on" game to control my wishes and in
tentions. Accordingly, I sailed forthwith for Boston, in the
expectation of receiving from Mr. Tudor, the money he owed
me ; in the hope that he might be induced lo re-purchase my share
in the concern, to which the new Privilege had now imparted a
substantial value; and in the firm belief that, at any rate, I had
bid a final adieu to the post of ice-house keeper, and that, even
if he should refuse to sever our connection as partners, by buying
me out, I should never, except as the mere owner of a share in the
concern, have anything more to do with him. (17)
Mr. Tudor's November outbreak was followed by a slill more
violent (or at least more wordy) one in December. This, the
last of the letters written by him that year, did not reach Havana
until after my departure. In the conferences which followed my
arrival at Boston, it was never mentioned by him, (although he
was perfectly aware that it could not have reached me) nor did its
existence become known to me until after my return to Havana.
Had it been received in time, it would have spared me all fur
ther connection with the writer; and, taking him at his word, I
should have gone into the business on my " own account."
The determination formed by me about a year previously, to
wind up my affairs at Havana and quit the country, had been
caused by disgust at my situation as Mr. Tudor's partner. The
building in which our business was carried on had gone to ruin ;
(q) In all this, I was, — as will hereafter be seen, — counting without my host
The first item in my calculation proved altogether fallacious: Icould not get my
money. As, in regard to the settlement of our accounts, Mr. Tudor generally saw
an absolute necessity that I should make the voyage from Havana to Boston ; so,
to receive the money due me, I had to go back from Boston to Havana. I had to
content myself with an order for the amount, ($6255) to be paid out of the income
of the establishment; and this, too, under circumstances which placed me under
the absolute necessity of increasing the debt, of raising and advancing more money
still, as the only alternative to allowing the whole concern to go to the dogs, and
totally losing my property in it, besides the only chance of ever recovering the
money which was to be paid me out of its income. All this will be seen in the
proper place.

64
its removal had been required by those who had a right to require
it ; for years past every possible endeavor had been making, but
without success, to obtain the Privflege and a site for a new
house ; and these sources of trouble, discomfort, and desponden
cy, great enough in themselves, were immensely aggravated by
the character and conduct of my partner. Sometime previously,
it had been proposed to me, to wash my hands of Mr. Tudor
and his concerns, and form another connection for obtaining the
Privflege and carrying on the business. Had I felt at liberty to
accept this proposal, I should most gladly have done so, at the
sacrifice of that " fifth part" in Mr. Tudor's " concern," the value
of the whole of which would have been reduced to nothing, had
the Privflege been obtained by the party from whom the proposal
came ; which I believe it would have been, had I accepted. The
only thing wanting to the immediate organization of a company,
with abundant capital and no lack of friends or influence, was
my consent and cooperation, and my services as manager of the
business after the Privilege should have been secured. But, not
withstanding afl that I had suffered at Mr. Tudor's hands ; and
although my engagement with him had been, not to procure the
Privilege for him, but to enjoy, as part owner and managing-
partner, my share of that which he professed to own ; notwith
standing all this, I did not consider it consistent with good faith,
that I should abandon his interests in the way proposed, and con
cur in the measure of securing the Privilege to his exclusion.
All these causes combined had induced the above mentioned
determination on my part, to wind up my affairs and leave the
country; abandoning Mr. Tudor's "concern" to its fate; my
own fifth of it, of course included, unless he should be disposed
to purchase it of me. But, at the date of his 'present letter,
(December 10th, 1830,) these causes had in a great measure
ceased to exist; the Privilege, so long withheld, had been granted,
and the prospect in regard to obtaining a suitable site had so
cleared up as to justify confident hopes of my being able to se
cure one, (which, indeed, I should have recently done, but for the —
I do not knov/ what epithet to attach to it — game played by my
partner.) To these changes in my position, his letter put the
finishing stroke, by refusing to accept the PrivUege just obtained;
and notifying, that he dissolved afl connection with me of every
kind, and left me at liberty to offer for the Privilege on my own
account ; in other words, that he had taken the law into his own
hands, and nullified every right acquired by me under the bill of
sale ; confiscating to his own benefit that property which I had
bought of him in its non-existent state, and to which my exertions
had at length imparled substance and reality. Had this letter.

65
therefore, come to hand in time, I should, without a moment's
hesitation, have taken him at his word. Instead of going to Bos
ton, (where, contrary to my expectation or wish, an arrangement
took place between us, which, as the event proved, was to serve
no other purpose than as a new starting point for the repetition
of his old line of conduct,) I should forthwith have signified my
readiness to engage as partner and manager with others, — per
sons against whom the competition of Mr. Tudor for the Privflege
would, I entertained no doubt, be as fruitless as all the efforts which
he had been making for seven years had proved. Indeed, his
next intelligence from Havana would probably have been, that,
in view of his extraordinary course on the subject, [see Appen
dix, (F)] the contract which he had permitted to remain so long
unexecuted after it had obtained the assent of the authorities, had
been granted to others.
But most unfortunately for me, his letter was written too late.
It reached Havana after my departure for Boston, and lay there
unopened until my return, after having contracted a new engage
ment wilh Mr. Tudor ; or, correctly speaking, after the withdrawal
of his pretension, and the restoration of things to that ten per
cent, footing, which had all along been the real and sole cause of
all the venom which his bosom had distilled for me; and the
cutting down of which had all along been the end aimed at in
all the quarrels which he had eternally been in quest of pretexts
for. Thus much I have been led to say here in regard to an
event which properly belongs to a subsequent period. Mr. Tu
dor 's letter is as follows : " Boston, December 10th, 1830.
" Mr. j. W. Damon. Sir,
" Il is to be determined by the lawyers, whether the dissolution
of connection in the ice business took place when you deter
mined on not fulfilling your contract with me, in the case of
Matanzas. Whether your connection might be terminated at
the end of the old contract with the Government ; and, in short,
whether it has not been at my option to terminate it at any time
when your want of correct proceeding should justify it
" However these questions may be settled, I wish now to notify
you that I do not accept the new contract for supplying Havana
with ice. That I shall offer for a new one, at three cents the
pound ; and give you liberty to offer at the same time for a
contract on your own account
" I also notify you that I dissolve all connection with you of
every kind, and hold you responsible to me for the whole loss
which may arise on account of the Matanzas business : for a
breach of orders, and entering into contracts not authorized, build-
9

66
ing an ice-house, &c. not authorized, afl of which will be made to
appear in a suit to be commenced against you in our courts here.(r)
" I am your humble servt,
Fred. Tudor."
Among other precious things in this letter, as evidences
of the writer's character, the most prominent of all, perhaps, is
his notification that he does "rao^ accept the new contract for sup
plying Havana luith ice." This contract, which he does not "ac
cept," being nothing more nor less than the contract closed and
concluded some five months before, and just executed in his name.
That same contract, which, after seven years of toil and vexation
on my part, under his sovereign "instructions," had been obtained
in August; and (after its formal execution had been most inde-
cenfly delayed several months, owing to his peculiarly liberal
views respecting the bindingness of solemn engagements,) had,
about the time his letter was despatched from Boston, been for
mally executed in his name, by his attorneys, Messrs. Scull, Storey
& Co., under a power sent to them with a special vievj to its exe
cution I This is the contract which Mr. Tudor, having altered
his mind, has determined not to " accept ! .' " (s)
(r) For the rationale (or what, to the reader's mind, may possibly prove a sufficient
explanation) of this " suit," so suddenly resolved upon, I will refer to law books,
under the head " Set-Off," and to the Appendix (E) towards the end. The whole
will be found particularly deserving attention from any one at all curious respecting
my partner's character, and the merits of his resolves and conduct generally,
whether in regard to the bringing of suits or other matters. Towards the end,
however, are some facts bearing especially upon the present point, to wit: 1st,
That I was the holder of certain promissory notes of Mr. Fredciic Tudor ; 2d, that just
before the November e.xplosion, of which the above is but a sort of after-clap, Ac
had received notice that 1 should want my money in December ; and 3d, the state of his
exchequer was such as to render a notice of the sort particularly unpleasant.
The last of these facts, already stated in the foregoing note, (q) will come to be
more particularly set forth in its proper place, among the events of the year 183] ;
where it will be seen to have exercised no small influence over the determination
in which I had left Havana, never more to have anything to do with the manage
ment of the ice house, nor with Mr. Frederic Tudor, except so far as my mere
ownership of one fifth of the establishment might render unavoidable.
(s) It is to be observed, too, that, even after the final assent of the authorities
to this very contract, according to the terms proposed by himself, had been made
known to him, he had, as we have seen, written his letter of 23d September, thank
ing me, — after /lis fashion of acknowledging a service, — for the mortgage offered
by me (and accepted by the authorities) in order to remove the only obstacle on
their part encountered by his attorneys in fulfilling the purpose for which his pow
er had been transmitted to them, to wit: the prompt closing of the contract, the
instant it might be — if ever — assented to by the authorities.
And why does he not accept ? What is his objection to the contract ^
The only objection of which his letter affords any indication is, that it is too
favorable to him. The only particular in which he intimates that his "new one "
is to differ from the one just concluded is, that the former shall limit the price " at
three cents the pound," instead of six, at which it had been seUing for many years,
and which was the limit named in the latter ; leaving us, of course, free to reduce
it as much below that as we pleased.

67
Another of these precious things is, that Mr. Tudor has deter
mined to have it settled by " the lawyers," — meaning always,
by law as contra-distinguished from equity, — whether it had not
been optional with him to " terminate " my connection with the
ice-house " at the end of the old contract with the Government"
The " old contract" here referred to being that non-existent con
tract, that nothing, under the name of " any Privflege," which,
(connected with an old decayed tumble-down frame house, stand
ing upon a few square feet of ground held by a lease at will,
under the certainly of being at no distant period ordered off,) he
Let this be noted. And now, to another fact: the very last "instruction" writ
ten by him, in regard to the terms of the contract, was under date June 15, (the
contract was closed in August, though not formally executed till December,) and
related to this very point, — Ihe price. It is as follows :
" I think any ofl'er to sell ice below 75 cents the arobe (3 cents a lb.) ought not
to be made. But as low as that, — tonnage free, — it will rather be forour interest to
sell, than at a higher price. This [that is lo say, the expediency of reducing the
price from six to three cents,] we can determine upon at a future time. It will be
best no* to propose this reduction if it is not meoessary." [That is to say, if it be
possible to secure the contract without proposing it.] Such was his very last " in
struction !"
In what light is it to be considered, when seen in connection with this non-ac
ceptance of the contract? Is it to be considered as merely a piece of imperial
inconsistency, or as a piece of deep calculation, — a deliberate move in the game
[see Appendix (F)] which had been kept up by Mr. Tudor with reference to the
formal execution of the contract ? So far as his present letter is to be looked upon
as an expression of his real intentions, his course amounts to this: at the twelfth
hour, he steps forward from behind the scenes, and presenting himself rapro^ridpcr-
sond, he says to me, " you have succeeded in bringing the authorities to consent to
the grant of the Privilege ; I now disavow your acts, and thrust you from all par
ticipation in it." And turning to the authorities he says, " my agents have ob
tained this Privilege on terms not so advantageous to the public, by one half, as
those on which I was desirous of obtaining it. I will now proceed to the formal
execution of the same contract, at half price; in the clear understanding, however,
that whatever interest my agent, Mr. J. W. Damon, may have had in the business
heretofore, I now dismiss him from my service, and he is not to have any whatever
for the future."
Is his June "instruction," when taken in connection with this December de
nouement, to be viewed as stamping the piece with the properties of farce or
Vf ith those of tragedy ? Is it all mere childish folly? Or was the June instruction
written in this design, and for this very purpose : the purpose of his being fur
nished with this " three cents " title to the whole ?
The reader must judge for himself. One thing he cannot have failed to see long
ago, loo clearly for doubt, that my partner's course, from beginning to end, from
the moment I became his partner down to the present, is indicative of a violent
and incessant conflict in his bosom between a most conscientious conviction of
the value of my services and their indispensableness to the prosperity of his ex
chequer, and a no less conscientious self-reproach for allowing himself, — whatever
his arithmetic might say on the subject, — to be parted from that dearly beloved
money, at which his arithmetic would keep insisting upon it that those services
were cheaply bought. Deeply convinced as he was of this truth, it was, neverthe
less, endless torment to him, (although in the nature, somewhat, of a remittant fever)
to think that so much money should be diverted from his exchequer; above all, to
serve so base and illegitimate a purpose as that of raising to pecuniary independ
ence an ignoble, "poor miserable carpenter," who did not "know how to spend it
like a gentleman."

68
had sold me « one fifth part of" for the sum of " six thousand
dollars ! " This is the " contract " which Mr. Tudor, the legal Mr.
Tudor, has the conscience to refer to, as the one, in regard to
which " the lawyers " are to determine whether it be not the only
one in which I could have acquired, on the 29th January, 1824,
an interest "in consideration of six thousand dollars!" And
what is the time chosen by Mr. Tudor for making this display of
his affection for legality, — as contra-distinguished from equity?
Why, at the end of seven long years, — a term so long as actually
to have caused him to forget his oivn position at the beginning of
it, — at the end of seven long years, during which I had been
engaged in an incessant struggle in the defence of my own and
Mr. Tudor's interests (in the proportion, however, of one fifth to
four fifths) against the consequences of the want of a contract! I
Such is the golden opportunity, selected by Mr. Tudor's good
genius, for this happy exhibition of his protege 's attachment to

§ 5. — 1831. — My visit to Boston, January 1, 1831, and its un
expected result. — New Document from Mr. Tudor; its nature
considered. — His Diplomacy; acknowledgments contained in
his Proposals. — The state of his Exchequer, and the conse
quent necessity of my return to Havana for an indefinite
period. — Mode in which the money borrowed of me was re
paid. — Intrinsic value of this payment conside-i ed. — His last
move in the Game commenced by him in 1829, respecting my
ten per cent, compensation. — His letter of March 23, 1831 ;
accuracy of his portrait, as painted by himself. — My return
to Havana, April, 1831.
Unexpected Result. I arrived at Boston early in .Tanuary,
1831 ; and from the following document, dated 28th March, of
the saiTie year, it will be seen that my visit resulted in a manner
very diflerent from what could be anticipated by any one after
perusing my partner's last letter, (t) Afl the positive determina-
(t) And, — it may be added, — very different also from what could be anticipated
by any one apprized of the determination on my own part, in which I had repaired
to Boston. How my determination came to be so widely departed from will be
seen in the sequel. It will be seen that, on this occasion, as on all occasions
since, yielding to his importunities, I had taken the fatal step of becoming his
partner, I found myself so entangled in Mr. Tudor's meshes that there was no
escape. The force of circumstances compelled me, not only to continue to be his
partner, but to resume the management of the business at Havana, as the only
alternative to the almost certain loss of my property.
I must beg that the reader who may be disposed to judge harshly of me, for not
long ago breaking with the imperial gentleman, will advert to this force of circum
stances at every moment since our association began.

69
tions announced therein, proved as fleeting as they had been
sudden. I heard nothing of his non-acceptance of the new
contract ; nor was I made aware of the fact, that, ever since the
lOlh day of December, "afl connection of every kind" had
ceased between Mr. Tudor and myself. On the contrary, the
favorite object of reducing my compensation to one half of what
I had a right to, was abandoned, and I returned to Havana to
resume my post under the new Privflege upon the old footing.
" This indenture of two parts, made by and between Fred
eric Tudor, of Boston, and J. W. Damon, late of Boston, and
now resident in Havana, in the island of Cuba, Witnesseth :
1st, That J. W. Damon is to return to Havana and take charge
of the ice-house and ice concern, and conduct the business to
the best of his abilities, in good faith, for the concern. 2d, It is
agreed, on the part of said Tudor, that Ihe said Damon is to
have the same compensation, and on the same conditions as
appears by his, said Tudor's conveyance of one fifth part of said
ice-house, dated January 29ih, 1824. 3d, It is agreed said
Damon is to make up and forward the accounts of sales of ice,
at the close of each and every month, and remit (m) the amount
due the said Tudor in good bills on the United States, if they can
be obtained on better terms than specie remittances; and, if not,
in such specie as can be had ; unless otherwise ordered by said
Tudor. 4th, That the extracts from the sales are to be forward
ed, as usual, every ten days, and the ten per cent on the gross
sale includes all charges whatever for the services of said Damon.
5th, The disbursements in Boston, including those of the pres
ent year, are to be paid in Boston, out of the proceeds of the
house, by remittances in all May or June, previous to other pay
ments. " In witness whereof we have interchangeably signed our
names, at Boston, this 28th of March, in the year 1831.
Frederic Tudor.
J. W. Damon."
Here, then, we have another document written by Mr. Tudor;
and, in this document, very obvious and very strong corrobora
tion of the correctness of the results of the examination be
stowed, on a former occasion, upon the bill of sale, to ascertain
its true meaning in regard to questions which might arise con-
It will be seen, however, that, strong as it was on the present occasion, it had
not the power to make me swerve from my determination not to recognise Mr. Tu
dor's right to reduce my compensation.
(u) Note particularly this phraseology. It is said, " and remit;" not " and then
remit." On this point, see particularly a preceding note, (k) ; and a succeeding
note, (w), the " satisfactory bonds " impertinence ; and also a subsequent note, (d).

70
cerning our respective rights. We here see, in this renewed
agreement, — or, more properly speaking, this declaration of the
continuance of our former agreement and contract, — that 1 was
"to return to Havana, and take charge of the ice-house and ice
concern, and conduct the business to the best of my abflities, in
good faiih, for the concern;" and that my compensation was to
be the same as formerly agreed upon. We see also, that Mr.
Tudor expressly stipulates for the punctual performance by me
of certain things which he had accused me of neglecting. But
we see no stipulation in regard to his great point, — the point
to which, as the reader has seen, afl his movements, however,
widely asunder at their origin, converged, — that point at which
he had always arrived, no matter where he had started from, no
matter what had been his pretext for quarrel. We see no as
sertion, express or implied, of his right to reduce my compensa
tion ; nor of his right to deprive me of the charge of the ice
house and the management of the business, a share of which
I had been induced to become the purchaser of, upon the solemn
pledge from him, ihat its management, at that compensation,
should be mine so long as I might choose to retain it
If it be objected, that neither is there any stipulation contain
ing an express acknowledgment of my rights in regard to these
points, I wifl answer, that the nature of my position respecting
them did not require any such stipulation. Our respective posi
tions in this respect were totally different Mine essentially was,
as il had from the beginning been, a position of possession and
resistance. I had acted altogether upon the defensive. Mr.
Tudor's position, on the contrary, was that of claim and attack.
He had asserted a right to reduce my compensation. It has been
seen how this assertion was met by me, when first made, in
1825 ; and also, when last made, in 1830. On both occasions,
I refused to acquiesce in its exercise. On the latter, its assertion
had been coupled with new rules and regulations, framed under
the power of "instruction," (a wanton abuse of it, rather,) re
served to him by our contract, and had come as the crowning
work of a long series of annoyances that had made my position
intolerable. For this reason, enforced by others arising from the
state and prospect of our affairs at that precise juncture, I had
seen fit to retire from it, without entering into any discussion.
We have seen what a game was played by him during the
whole preceding year, (1830) obviously with a view to shake
my determination not to acquiesce in the exercise of his pre
tended right The sequel of this game remains to be seen.
Here, however, as the final result of it, we see him, under his
own hand, and without any reservation or protestation, restoring

71
the post to me, upon those original terms which I had refused to
acquiesce in any change of.
Mr. Tudor's Diplomacy. Besides these important features
in the document embodying the result of my visit to Boston, I
have to point to some important circumstances in the negotia
tions which preceded that result.
Our final agreement, of the 28th of March, was preceded by
sundry negotiations ; [v) consisting of various proposals from
Mr. Tudor, (slill in my possession, written and signed by him)
and of my replies. He at first pretended to be, — perhaps he
reafly believed himself to be, — absolutely inflexible, in ihe
determination that I should never more be ice-house keeper,
unless I consented to the reduction of my compensation from
ten to five per cent, {w) " Very well. Sir," (the reader will read-
(v) In all these negotiations, as will readily be imagined, I was altogether pas
sive, and Mr. Tudor was the mover. I had gone to Boston, not to negotiate, but to
make a final settlement of accounts with Mr. Tudor, and reciioe my money, lo wit:
the amount of his promissory notes for money borrowed of me, together with such
further amount, if any, as might appear due to me for money advanced or over-
remitted. I had retired from the post of ice-house keeper forever, as I thought.
But Mr. Tudor, although his "determinations" and his conduct had been the
cause of my retirement, thought differently. He, as the event proved, had not
the least idea of allowing me to give up that post; he was too close a calculator,
and knew his own interests too well. All he had an idea of was, to play a game, —
a game which should induce me to acquiesce in his pretended right to reduce my
compensation. Conjecturing, in regard to me, by what he knew of himself, he
doubtless took for granted that I also was playing a game All the moves, how
ever, were on his part ; and when he found that they were all without any effect,
he, — on the eve of my departure for Havana, in quest of (or, mnre properly speak
ing, to earn for the second time ; to lose or to secure by new and im|)ortant services)
that money which he could not pay me at Boston, — made his last move, the na
ture of which is seen in the above result of all this diplomacy.
(w) This "inflexible determination " of his, he seemed to be in constant dread
of my forgetting. One might have supposed that the attitude which I had so
quietly assumed and maintained on the subject, would have sufficed to quiet his
anxiety that I should perfectly understand him upon this point. But no ! Every
occasion was used for reminding me that he was not to be moved. Witness the
following conclusion of a note, under date Feb. 7, 1831, upon points which really
had to be adjusted and settled between us:
"Whether you take charge again may remain subject to future agreement. It
may, however, be understood that I shall never allow more than five per cent, on
gross sales, and your servant's pay and support. And to any one else more than
two and a half per cent, and half what you charge for servant." [In regard to this
charge for servant, see Appendix (E), and the " dog-meat " difference in Appendix
(D)j. So, two days before, he had, to some pertinent points, added the following imper
tinence :
"3. It is to be determined what is to be done about the ice-bouse keeper. Mr.
Damon may resume charge — the whole charge — at five per cent.
"4 If Mr. Damon resume charge, he is to give satisfactory bonds to settle ac
counts every month, and remit the balance to F. Tudor
" 5. Whether the servant of J. W Damon is to be charged to the ice-house in
whole, or for the part service which he renders.
" 6. Whether J. W. Damon is to allow anything for his house and homestead of
[at] the ice-house, and lessen expenses. Economy is the order of the day here,
and must be practised in Havana."

72
ily answer for me,) " he is no longer ice-house keeper, and has
no desire to be. Pie retired from the post a year ago, and would
have retired sooner, had you but fulfilled your pledge, to de
spatch your ' excellent man, ready ' to take his place " During
the time that this inflexibflily was evinced, or pretended, he pre
sented, under date February 5, 1831, a proposal, of which the
following is part:
« If he [J. W. Damon] decline to be ice-house keeper, at what
rale will he undertake to look after the interest of the ice-house,
and the whole business, dropping the intermediate house, and
having none but himself to look after the ice-house business?"
My reply was, that I would not listen to any such proposal; that
if I were to have anything to do with the management of the
business at Havana, it should be on the very same terms, and
none other, that had been originally agreed upon ; upon which
terms, the reader does not require to be told, I was entitled to
retain the post, had I seen fit to continue in it
In ihe above passage, we have, it is seen, a very explicit, al
though incidental acknowledgment of my right, not only to
decline to continue ice-house keeper, but also to decline " to look
after the interest of the ice-house." [x) It will be seen hereafter.
Let the reader turn to Appendix (E), and pronounce how far, considering the
attitude in which I then stood, the above was consistent with even sc/f-respect on
the part of my high-souled "patron." Considered in another point of view, — as
modifications of the terms on which I had held the post, — it will be seen, on turn
ing to the " indenture " of March, 1831, that my patron was graciously pleased to
omit them, '^satisfactory bonds " and all.
Another instance of this solicitude to keep me thoroughly imbued with a sense
of the unchangeableness of his determination, will be noticed further on.
(x) This right, it is to be remarked, does not at all conflict with the obligation I
had originally contracted, occasiona/iy to timt Havana, "i(i?jOT necessary," — an obli
gation which, it will be recollected, is stipulated for in Mr. Tudor's " Memorandum
of Proposal," of the year 1823. These occasional visits were stipulated for with
reference to the contingency of my declining, at some future period, to continue to
be ice-house keeper, and ceasing to reside at Havana. The " necessity " was, of
course, to depend upon circumstances; and the sufficiency of the circumstances to
create it, at any time, was manifestly a point upon whicii neither of us had a right
to judge, to the exclusion of the other. If we could not agree in regard to it, the
right of difference was precisely the same in each.
If, after ceasing to reside at Havana, I had seen fit, for objects purely personal to
myself, to pass the winters there, and had claimed the per diem stipulated for, with
respect to those " necessary " occasional visits, Mr. Tudor would have had the
right to contest my claim, on the ground that these visits were not necessary, so
far as the state of our joint business was concerned. On the other hand, if, when
it should have pleased me no longer to hold the post of keeper, but to be at Boston
or any where else, Mr. Tudor had seen fit, through any one or more of those mo
tives so copiously supplied by his nature, to "order" me to repair forthwith to
Havana, I should have had a no less clear right to doubt the necessity, and to
ascribe the "order" solely to those propensities natural to a cousin of King Henry
VIII. It is to be remarked, too, that the existence of even this Umited obligation
(one never disputed by me) might have been deemed very questionable, to say the
least, after he had arrogated to himself the right to deprive me of what our agree
ment had given me the assurance of.

73
that his conduct at a subsequent period (1835) was put upon
the ground, that he possessed an absolute right, not only to
deprive me, whenever he might choose, of the custody and man
agement of the ice-house, and lo reduce at pleasure my compen
sation, but also to require me lo reside at Havana, for the pur
pose of looking after the business, whether it might or might
not be his pleasure that I should be ice-house keeper! And
further, ihat my one fifth part was absolutely forfeit by my pre
suming to question this right, and to fafl to yield instant com
pliance wilh his "order" to repair forthwith to Havana and
enter upon the performance of my alleged obligation !
Another proposal foflowed, under dale February 7th, 1831,
containing, among other things, the following:
" Your interest at Matanzas being accepted, as agreed and
understood by me, at two fifths, I acknowledge the one fifth in
terest at Havana to be entire."
In this, two things are to be noted; the one, on account of its
bearing upon Mr. Tudor's subsequent pretensions specifically;
the other, on account of the illustration it affords of his character
and conduct generally. The first is the fad, that he here acknowl
edges my fifth interest at Havana "to be entire;" meaning by
"entire," not that it was arithtnetically so, — for this is a point
upon which no question ever had, or ever has been raised, —
but that it was unconditional, complete, perfect, and permanent,
beyond his power to weaken or to modify in any way. This is
the meaning which, agreeably to its own power, and agreeably
to every principle of interpretation, we must attach to the word.
This is the fact acknowledged by him. (y) The second thing to
(y) To appreciate the full bearing of this acknowledgment upon Mr. Tudor's
subsequent pretensions and conduct, it is important that the precise nature of my
position at this moment be adverted to. Peremptorily refusing to acquiesce in the
exercise of his pretended right to reduce my compensation, I had retired from the
post of ice-house keeper; in the intention never to resume it, never more to have
anything to do with the management of the business at Havana, and to quit that
place so soon as I could wind up my affairs there.
On this occasion, Mr. Tudor is seen to avail himself of the precariousness (as
he fancied it) of my title, — in lau!,as contra-distinguished from equity, — to the fifth
interest at Havana. He applies it to the purpose of extorting from me the accept
ance of two fifths, as my share in the losing Matanzas concern; because it had
been " agreed and understood by" Aim, by his own imperial self. — superior to all
such vulgar rules as, "it takes two to make a bargain," — that this was to be my
share. If I should be so contumacious as to demur to this allotment; why, then,
he would deprive me of my Havana fifth until I could establish my right to it by
a law suit. But if I would submit in regard to Matanzas, why, then, he would
remedy the apparent weakness of my Havana title, by an acknowledgment that it
was in truth perfect.
The alternative to this acknowledgment, as expessed in his own words, written
two days previously, is as follows :
" The sine qua non of amy amicable settlement consists in placing the Matanzas
10

74
be noticed is, the condition upon which he agrees to acknowl
edge this fact It is, that I should "accept" my interest at Ma
tanzas at two fifths. This Matanzas concern, (which by the way,
had proved a losing one, else Mr. Tudor might perhaps not
have recollected so distinctly and positively, that he had " agreed
and understood" that I was to be owner of two fifths of the
same,) this Matanzas ice house had no more to do wilh the
rights acquired by me in that of Havana, than had the ice-house
recently estabhshed by Mr. Tudor at Calcutta. And yet, we
here see him inadvertently recording ivilh his ownpen^he fact,
that he had been holding out the threat that the truth here ac
knowledged by him, in regard lo ihe nature of my interest at
Havana, should be denied and contested at law, unless I con
sented to pocket two fifths of the loss resulting from his Matan
zas outwork for the protection of Havana ; (;) an establishment,
any difference regarding which, — whatever might be the right
view, either in equity or in law, of the question whereon it
turned, — could not possibly have any imaginable connection
with the nature of that interest at Havana which he had sold nie
years before the events that he believed, or pretended to be
lieve, gave him a right to insist now upon my being ihe owner
of two fifths of the recent and exploded concern; and which I
believed gave him no such right, (a)
Even putting out of view the peculiar circumstances under
which I had consented to become the owner of my- Havana in
terest, and under which, after being purchased, it had been
earned, or created ralher, by my exertions and toil ; putting all this
out of view, and considering the bare fact of that purchase,
agreeably to the true character of the transaction, as determined by
what the reader knows wilh respect to the meaning and interest
affair right. This not being admitted, all rights of Mr. D. are to be adjusted by
law ; and all right to any interest of J. W. Damon is denied. If he has none in
Matanzas, the lawyers are to determine whether he has any in Havana."
Let it be noted, too, that this sine qua non covers the whole ground. It applies
to "any amicable settlement;" that among others, of Mr. Tudor's promissory
notes, for money borrowed, and kept in his hands in the way that has been.
Such is the use made by him in 1831 of his 1824 bill of sale. The reader will
now suppose that the weapon then lost its edge and lemjjer, and became forever
aftei harmless and unfit for the purposes of oppression, even towards so defence
less a thing as "a poor, miserable carpenter." He will lake for granted, that my
parlner, having on this occasion acknowledged my " one fifth interest in Havana to
be entire," (and consequently that his threatened denial that I was the rightful
owner of "any interest" would have been wn^raf) can never again even so much
as threaten the same thing. He is mistaken. He will, in ]S3.'i, see the same weapon
resorted 10. And this, for the purpose of extorting my acquiescence in his pre
tended right, not merely to deprive me of the post of keeper, but to require me to
reside at Havana, whether ice-house keeper or not!
(z) See a subsequent note, (o).
(o) For an explanation of the subject, see Appendix (E.) ,

75
of the parties at the time ; and in what light does the present
conduct of Mr. Tudor present itself? To what just man, —
supposing him ever so conscientiously convinced Ihat he was
clearly and unquestionably in the right with respect lo a distinct
subject of difference, — could the thought have occurred of adopt
ing ihe course which we here see pursued by my partner?
I say, what just man ; but I can go much farther. 1 can allow
him to be viry far from a just man ; lo be anything short of one
utterly reckless in his di.-^regard of the plainest dictates of justice:
and still the question will admit of but one answer. He may
be one, in whose ^es "the end justifies the means;" and even
this will not suffice to make him sanction the conduct in ques
tion. Broad as the maxim is, and numberless as are the mis
deeds which it shields from opprobrium, there are others which
it leaves bare to the lash of universal scorn; and to this class, so
far as I can judge, does that conduct behtng. The maxim lends
itself to those cases only, wherein a just end cannot, from the
nature of the subject, be effected by just means. Requiring as
it does, that the end be a just one; and sanctioning the resort
to illegitimate means solely when a necessity for them arises
from the nature of the subject; it joins in the condemnation
where this plea cannot be interposed. Far different was the
nature of the case before us. Had Mr. Tudor's Matanzas pre
tension been a just one; had he been sincerely convinced of its
justice; had he not been conscious, that, measured by his own
favorite standard of right even, — the law, as contra-distinguished
from equity, — it would prove wanting: where would have been
the necessity for a resort to the means used by him to enforce
it?(^) (b) The character truly belonging to it, the motives which could alone have
made him insist upon it as a " Sine qua non of any amicable settlement," and his
consciousness of those motives, are made still more flagrant by the amount of money
involved in this difference between us, as compared with ihe annount of my money
then in his hands, as money lent and advanced, chiefly the former, for which I held
his promissory notes.
The amount lost in the Matanzas establishment (which, after two years' trial,
was at this time given up for a bad job ; and upon which, therefore, there was no
risk, no possibility of further loss,) was $3307,60. This is the sum, fv\-o fifths of
¦which, — that is to say SI 3C6, — he insisted upon my consenting to lose. On the
settlement, to which this consent wa« made the"<S'irie qua non," and which took
place immediately after, the amount acknowledged by him to be due me was S0255.
Before the extortion, the amount of my money actually in liis hands was, therefore,
$7621. Now, under such circumstances, what would have been done by any tol
erably "fair" man, impressed with the conviction that he had a right to insist upon
my incurring that loss'; Why, he would have deducied the amount from myS70'Jl,
an 1 paid me the balance: leaving me at liberty, if I thought the deduction unjust,
to establish my right al law.

This, — unless 1 greatly mistake wilh regard to the established standard of ordi
nary f.iir," or even of "prime middling," in the classification of "dealers," — is the
fibre which would be expected in any man pretending to pass under that deiiomina-

76
To this extortion, — as I most firmly did then, and do still,
believe it to be, — I submitted: not for the purpose of conciliat'
ing him ; not wilh a view to securing his favor, or to continue
a connection which his injustice had made hateful to me ; but
as a means to an end the very reverse of this. It was a sacrifice
of money to what had been, for upwards of a year, ihe great ob
ject of my aspirations : a final settlement wilh, and entire deliv
erance from him. For this, had I adopted the step of retiring
from ihe charge of the ice-house; and in the confident expecta
tion of completely effecting it I had arrived at Boston. In regard
to the mere relation of partner, it would perhaps be impossible
to wash my hands of him ; but in regard lo the relation between
him and myself as ice-house keeper, which had been abused by
him in the way that the reader has some conception of, the thing
was, I flattered myself, done. I had refused to acquiesce in that
encroachment upon my rights which, ever since our connection
was formed, had been with him the great end to be effected ; and
by putting an end to the relation lo which those rights had refer
ence, I had relieved myself from the necessity and the duly of
standing out for them. After this, every point between us was
a mere question of dollars and cents ; in which sacrifices on my
part to the greed displayed by him, so far from possessing the
character of unmanly concessions, incompatible with the main
tenance of a proper independence, were stamped wilh the con
trary character, as the purchase-money paid for its more prompt
and entire enjoyment Had the position which I then occupied
towards him with reference to the post of keeper, been other than
what it was, sacrifices of the sort might have borne the sem
blance of concessions to secure his favor, or at least, lo secure
my continuance in that post; which, except to one acquainted
with the truth of the matter, — which no one in the world was,
beyond our two selves, — I would have seemed to owe to his favor.
But, my posflion being what it was, there was evidently nothing
to afford ground for any such imputation. There was nothing
bearing the remotest semblance to a favor, which I had to wisli
for at his hands: except, indeed, in a sense of the word corres
ponding to that in which a person, beset by an importunate
beggar, or subjected to any other pest, has a favor to receive in
exchange for the money that buys his release.
With reference lo gaining this point, Mr Tudor's game was
not skilfully played : for it was so managed as lo leave me com
pletely in the dark with respect of what was to follow. The great
tion. But what does my " patron " do ? He threatens to hold on to the whole ; and
not only this, but to confiscate my share in the Havana establishment, unless I
agree to his exaction ! And this is his standard of a"just generosity!" fsee his let
ter of March 23, on a subsequent page.] j » j i

77
object with me was, to accomplish my riddance, to get my hands
washed clean of him : to seule accounts, receive rny money, and
engage in some occupation in which I should be free from such
harassment as, for seven long years, had come as the daily reward
and solace of my mental anxiety and bodily toil. Acquiescence
in his exaction seemed the only condition to this state of free
dom. He had not informed me, that, even striking off the $1366,
his debt was lo be paid in the way that will presently be seen :
a mode of payment that had the effect of dispelling all my
visions of liberty and repose, and again chaining me to the oar.
Nor was this the only point thus gained. In ihe settlement of
our accounts, he insisted that for the period (nearly five months)
of the preceding year, intervening between my temporary re
sumption of the post of keeper, and my second retirement, [see
Appendix (E)] my compensation should be only five per cent.
instead of ten. Here were several hundred dollars more, to be
added to that "sine qua non," $1366. But, although no one
acquainted with the facts of the case [see the Appendix just refer
red to] could have hesitated to award it to me, and not it alone, but
a heavy indemnity besides, for my detention at Havana ; and
although my legal right to both might have been established by
the testimony of his own attorneys, (very different persons from
himself,) yet I felt at the moment too happy at my supposed
riddance of Mr. Tudor and all his works, to think of going to
law about two or three hundred dollars. And so I allowed
the petty sum, though rightfully mine, lo remain in his pocket,
in company wilh other sorts of [see Appendix (D)] "cabbage"
commissions, (c)
(c) No one acquainted with the facts of the case, as set forth in Appendix fE)
with regard to the manner in which my retirement from the post of keeper had
been delayed by Mr. Tudoi's own course of proceeding, would believe it possible
that even he should have advanced such a pretension. And yet, it is a fact, that
he began by insisting that I was not entitled to more than five per cent. /or Ihe very
perioe/ during which my retirement had been thus prevented ! To this fact, 1 invite
the particular attention of any one desirous of understanding Mr Tudor thoroughly,
of fathoming his "just generosity" in its deepest depth. Let him study my part
ner's game of" fast and loose," as depicted in the Appendix just referred to ; and
then let him connect wilh it this new fact.
But, where is the proof of this fact? How are we (the reader will say) to be
made to believe that Mr. Tudor ever advanci-d any such pretension t Here is the
proof, in his own handwriting, under date February 7, 1831.
" I understand Mr. Gardiner [Mr. Gardiner of Maine, through whom he commu
nicated with me] to say that you think yourself entitled to claim the ten per cent, on
the gross sales during the time you were in charge of the house. In order to bring
matters to an amicable conclusion, I am willing to allow the ten per cent, until
Limbough took the place, but after you turned him out, five per cent."
Here, then, is the pnof of the fact ! The very phraseology, too, used by him
in withdrawing this pretension, is precious. He understands that I "think "my
self " entitled to claim, " and he is " willing to allow." He makes a concession of his
own rights 1 Here, then, besides the proof of my fact, is Mr. Tudor's standard of
ri^ht, of justice, of honesty 1

78
Under date February 26, 1831, there came another proposal
containing the following offer:
" I will sell you another fifth interest in Havana for twelve
thousand dollars, on the condition of your residing in Havana
and looking after the interest of the concern there." (d)
This offer was declined by me. But the scrap of paper on
which it was written has been rendered by my partner's subse
quent course, quite a valuable little piece of properly. In the first
place, the word "another" expresses pretty significantly and
positively, the fact, that then, (to wit : so late as February 26,
1831) I was considered by Mr. Tudor as the actual owner of
owe "fifth interest in Havana." I do not mean, in the whole
city of Havana, but "in the ice-house and its appurtenances,
together with the like proportion in any privilege from ihe Gov
ernment of Havana." In the second place, the proposed " con
dition" expresses pretty significantly and positively, ihat Mr.
Tudor did not then consider me under any obligation, as owner
of that one fifih, to "reside in Havana, and look after the interest
of the concern there."(e) And in the third place, the sum for
which Mr. Tudor proposes to sell this "another fifth interest,''
speaks pretty significantly and positively in regard to his esti
mate of the value which the " concern" had acquired under my
management, as compared wilh that which it had possessed at
the time of my purchase. In some respects, that value had
decreased : the house had gone lo utter decay ; and the necessity
for obtaining a new site, then prospective, was now become
immediate, absolute and urgent We were, to all intents and
purposes, wiihout either house, or ground to bufld a house upon.
And, supposing the latter point should be ."ecured, still the two
objects could not be expected to be accomplished for much less
than $20,000. The immediate necessity for so large an expend
iture could not but operate most adversely upon the value of
(d) On this occasion, Mr. Tudor's sleepless solicitude for my welfare generally,
and his anxiety that 1 should not suffer for Want of a clear understanding of his
fi.ted resolve in regard lo the post of ice-house keeper, manifest themselves in the
following addition to his offer. [The reader will not fail to observe that, respect-
in;' Ihe sincerity of the opening asseveration, all room for doubt is precluded by the
unif.irm course of Mr. Tudor's arts upon the subject.]
" Resppcling the immediate charge of the sales, [t. c. the post of ice-house
keeper,] /anj indifferent whether you take it or not. In case of this purchase,
yo'tr interest lo take it will be increased, because you save in your pocket, instead of
paying nut, another fifth of the expense of ice house keeper.
" I will not again consent to your taking the immediate charge on any terms than
a positive en:jii;ement to settle up every thing, and rimilting [remit] every month,
wlien^ remittances shall be to be made, after cost of new house is got 'through
^^/ A ""j" "¦"^. l'*^' P"i"t see aprecedin-note, (m), and the references I here made.
(e) And yet, in 1835, he assumed the posilion that my right to this identical one
fifth was " essentially founded on [my] residence in Havana."

79
our property; which, in fact, consisted of scarcely anything ex
cept the Privilege. And yet, according lo Mr. 'J'udor's estimate,
that value was now double what it had been when he had sold
me my fifth I This increased estimate could not but be founded
upon Mr. Tudor's knowledge that a great change for the better
had taken place in some one or more other particulars. What
were these? They may be summed up under one word:
Skcukitv. Our business stood, at leiiglh, upon a secure foot
ing. We were no longer exposed to the eflects of competition j
and, far more important still, we were now safe from the danger
of exclusion, through the grant of the Privilege lo some one rise.
And this, Mr. Tudor owed to that substantial reality, which, as
the fruit of my seven years' toil, now occupied the place of that
"any Privilege," whereof he had sold me a part, and by ihe sale
of which he had placed me under the necessiiy of obtaining this
for him, as the only alternative to the loss of my all.
State of Mr. Tudor's Exohkqqer. The chief object of
my visit to Boston w^as, as the reader knows, to come to a final
settlement of accounts with Mr. Tudor, and receive the money
which he owed me, including the amount of those promissory
notes, the payment of which he had been so liberal as to offer,
aboul a year before, not to insist upon making ihen, provided I
would be content with receiving^t^e per cent interest, instead of
the six at which he had borrowed the money; those same notes,
my notice regarding which, at the close of the year during which
he had thus generously relieved me from the difficulty of finding
an investment for my money, had elicited, — or, at least, had
been followed by, — that November explosion, [see Appendix
(E)] wherein my notice was responded to by a notice to prepare
to answer for my misdeeds in an action for damages.
If this was the substitute at that time intended for the pay
ment of my money, my parlner had altered his mind by the
time the adjustment of our accounts was effected : the substitute
then tendered by him, and accepted by me, being first a bill, and
then an order, upon his agents at Havana, Messrs. Scull, Storey
& Co. The latter, under date March 22, 1831, read as follows :
" Gentlemen : After payment of the current expenses of the
ice-house, and my bill in favor of Mr. J. W. Damon of 25th
February uito., for $1792,37^, please pay him from lime lo lime,
(that there may be proceeds in your hands) the further sum of
$4463,34, and charge to account."
This was the way in which those moneys which Mr. Tudor
had so kindly condescended, in case I should not want them, to
retain a year longer, at 5 per cent, were paid to me at the expi
ration of that year, when I did want them. It may, perhaps,

80
strike the reader as a question not altogether impertinent nor
devoid of meaning, how much this bill and order were, under the
circumstances, intrinsically worth? Considering the exact state
of our affairs at Havana at that moment — the new Privflege,
with the penalty of $4000 attached thereto; the decayed house,
standing upon public ground, which we bad been peremptorily
ordered to demolish and remove the rotten materials of; the no
lot lo build another house upon, and all the difficulties which
had, down to this moment, prevented our obtaining one, after
seven years' incessant exertion on my part, supported by all the
friends whom " a poor, miserable carpenter," could be supposed
capable of having, acting in concert wilh all ihose powerful
influences which it naturally pertained to one moving in my
partner's elevated sphere, to possess the faculty of setting in
motion; the certainty that, even if these difficulties should
immediately disappear, and a suitable lot be obtained, an outlay
of something like $20,000 would be indispensable before ihe lot
could be made available for storing and vending ice ; — taking,
I say, these things into consideration, not to mention contingen
cies of all sorts : how much would any sensible Boston capitalist
have given me for my prospective $6255 ? Or, to state the
question in another shape, what is the lowest premium at which
the most liberal and venturesome Boston insurance company luould
have consented to " take the risk," and insure me the ultimate
payment; say, in one year, or two, or three, four, five, six, or any
reasonable number of years? Possibly some mathematician,
skilled in the calculus of probabilities, may consider the pro
blem a good one for the exercise of his powers.
Whatever the solution may be, one thing is very clear: I had
to go back to Havana for my money ; and, when there, I must
engage anew in the exertions I had been incessantly engaged in
for seven years, for the benefit of Mr. Frederic Tudor's four
fifths, in company with my own one fifth, or Mr. John W.
Damon would incur no smafl risk of losing his $6255, over and
above the loss which might attend the reduction of the value of
the whole "concern" lo $4000 less than arero, through the want
of an ice-house in which to carry on the business and fulfil the
contract : which penalty of $4Cf00, it is to be recollected, was
secured by mortgage on the individual property of said J. W.
Damon. In other words, though I was no longer to fill
the post of ice-house keeper, — my determination having proved
less variable than the resolves of my partner, — the strong law of
self-preservation would compel me to exert myself as much as
ever, in afl main points ; that is to say, in all points excepting
only the proper duties of the ice-house keeper ; those duties,

81
which, it will be recollected, constituted the only duties which I
had expected or engaged to perform when I accepted the post at
that ten per cent, compensation which my partner, or " munificent
patron and generous benefactor," had, from the moment almost
of my commencing to receive it, been intent upon confiscating
one half of, — by way of beginning, — as his " remedy" for my
neglect of instructions. With these duties I had determined to
have nothing to do, directly or indirectly, unless I should con
tinue to be myself charged with them on the terms originally
agreed upon. And this determination, — formed, as has been
seen, for the first time, early in 1825, and for the last time, early
in 1830, — had not undergone the slightest change.
My partner would, it is true, have all the benefit of my ser
vices for nothing; a benefit which the reader will think he very
litlle merited. This, however, was a thing which, under the
circumstances in which I stood, could not be avoided without a
total sacrifice of my property, earned by the sweat of my brow,
through long years of toU and suffering of every description.
But what did depend upon myself was, to acquiesce or not in his
pretension to reduce the compensation which our agreement had
assured to me ; and which, even if this had not been the case,
the extra services rendered by me would, unless I greatly deceive
myself, have been considered by any ordinarily just man as
most richly entitling me to, in a way no less strong than that in
which our compact did entitle me to it This did depend upon
myself, and my determination in regard to it was unwavering.
The force of circumstances might compel me to give him, /or
nothing, the most important of my services ; but my services as
ice-house keeper, I was determined he should not have at half
price, nor for one cent less than what I was entitled to, and
would have been entitled to, even if no extra service whatever
had been rendered by me. In the aspect then presented by our
affairs, I had, at the commencement of 1830, preferred to retire
from the post, — indeed, I had been positively glad of the occa
sion for retiring, — rather than engage in a legal controversy
respecting my right to retain it on the terms fixed by our subsist
ing agreement Under the then existing circumstances and
prospects, the appurtenances to his " any Privilege," — which had
always constituted its sole value, — having almost entirely lost
the little they had ever possessed since I had acquired an interest
in them, and the moment being at hand when the remnant was
to vanish into nothing; whilst the chance of my ever being able
to accomplish either of the several things requisite to impart to
" our concern " a substantial value, seemed to be the slightest :
under those circumstances and prospects, my fifth share in this next
11

82 '
to nothing, was an object of so very small value, that, — although
fully aware that the chance just referred to would, in all proba
bility, vanish altogether upon my retirement from the post of ice
house keeper and from the scene of action, — its sacrifice, to
gether with that of my ten per cent., presented but a very incon
siderable drawback to the advantage of an early deliverance from
my partner. In that state of things, I had preferred to retire
rather than engage in a controversy where "the game would be
not worth the candle." I was sick of the connection ; and the
great object of my desire being to wash my hands of it promptly,
I had but little disposition lo stand out for trifles. Since then,
the slate of things had materially changed. It had indeed, in
regard to all points upon which the value of the concern depend
ed, become totally reversed. Still, having, at the beginning of
1830, elected to retire from the post, I chose, at the beginning of
1831, to maintain the same position, notwithstanding that the
alteration in the state of things presented strong inducements for
a change. These inducements were very strong. What, in
January, 1830, was a trifle too insignificant to be made the sub
ject of contention, or to be permitted to retard, by an hour, the
day of my deliverance from Mr. Tudor, had, before the close of
the year, — thanks to the final success of my exertions, — become
an object of value, highly worth struggling for. One great point,
— the Privilege, — had been gained; and the other, — the site
for a new house, — I had confident hopes of effecting: indeed,
things had now come to that pass, that I must effect it, or incur
the heavy loss of upwards of six thousand dollars in cash, then
due me, besides the value of my fifth of the Privilege, and the
$4000 penalty, secured by mortgage on my property. And not
only did this change of circumstances present strong induce
ments to a change of my attitude in regard to Mr. Tudor's pre
tension, but it afforded strong arguments of equity and juAice,
in addition to those previously existing, — which, however, re
quired no strengthening, — to determine me to such change,
and induce me now to assert and maintain my right to the man
agement (upon the terms originally fixed) of that business, upon
the successful conduct of which I had so much at stake.
Nevertheless, I did not change my position ; and I was about
to depart from Boston, in March, 1831, to occupy at Havana the
sanrte relation towards the ice-house and the management of its
business, that I had assumed on retiring from the post of keeper,
in Aprfl, 1830, with this difference, however: that, whereas I
had, on that occasion, yielded to the earnest solicitation of Mr.
Henry Tudor, and consented to remain in the establishment
during the few days I expected to stay at Havana, and assist

83
the person in whose charge it had been placed, I was now
resolved that nothing should induce me to have anything to do
with its management
In this state of the case, I was about to embark ; the delivery
into my hands of the above order of Mr. Tudor upon his agents
being, as I supposed, the final transaction between us. I went
into the country on a leave-taking visit to my parents and friends.
On my return to Boston, four days after, I found there a letter
addressed to me by Mr. Tudor, on the day subsequent to that
on which he had written the order just mentioned. This induced
me to call upon him; (I had not supposed I should again have
any occasion to see him, nor had I the slightest desire to do so,)
and my determination being, on that occasion, once more man
ifested, he, to my no small surprise, — for I did not then suppose
he had been, to the last playing a game, — expressed the wish
that I should, on my arrival at Havana, resume charge of the
establishment on the old terms! Thus, at the eleventh hour, —
or according to real time, "on the stroke of twelve," — did his
"inflexible determination" to swaflow one half [by way of first
dose] of my ten per cent, as his " remedy" for relieving me of
my imputed disease, and rendering me less prone to disobey
instructions; thus did that "inflexible determination" melt and
evaporate under the beams which suddenly broke forth from his
" generosity." My " munificent palron" could not bear the
thought of my returning to Havana, at no compensation what
ever : rather than this, he preferred to overlook my obdurate
ingratitude in refusing to be ice-house keeper at half compensa
tion, and that I should continue to receive the ivhole. For the
sake of effecting my cure, he was willing to swallow the half;
but as I had proved so refractory a patient as to refuse to allow
him to take any unless he took all, his humanity would not
allow him to incur the risk of killing me by such an over-dose.
This, doubtless was the consideration that governed him at this
crisis. If there be any so ignoble and low-minded as to be
unable to perceive in my partner's course aught but an overpow
ering conviction that it was all-important to his interests that the
post of ice-house keeper should be filled by me, I can but say to
all such, that the incapacity to comprehend the motives which
govern the conduct of " genflemen," as contra-distinguished from
" poor, miserable carpenters," is a natural misfortune, — and con-
sequenfly not a just subject of reproach, — of all base-born men,
whose notions have not chanced to be elevated through the
happy chance of having come in contact with, and imbibed the
spirit of, some " munificent patron."

84
Such was Mr. Tudor's last move in the game, the nature of
which had, as we have seen, been the subject of his studies and
meditations from an early period in our partnership. Had my
situation at the time been different from what circumstances be
yond my control had made it, even this backing-out, — to use a
vulgar phrase, appropriate to carpenters' vocabulary, — of Mr.
Tudor would have come too late. I had retired from the keep-
ership, in the intention not to resume it, whether Mr. Tudor
should or should not recede from his pretension. Upon this
determination, I had so far acted as to make no proposal to him,
nor to take any step whatever to induce him to reconsider the
matter; and I should have continued to act upon it, even when
he offered to retrace his steps, but for the peculiarity of my posi
tion. This, however, was too critical, and the amount I had 'at
stake too considerable, to allow me, in justice to myself or to
those having claims upon me, to reject the only means, perhaps,
— certainly by far the best chance, — of making myself safe. To
reject Mr. Tudor's offer would have been to make a greater
sacrifice to my own personal inclination and comfort than I con
sidered it right to make. And thus it was that I was induced
once more to subject myself to the discomfort inseparable ftom
any such relation towards Mr. Tudor.
Upon my acceding to this proposal, Mr. Tudor wrote, under
date March 28th, the document above given, (see beginning of
the section,) and also the following letter to Messrs. ScuU, Storey
& Co.
" Gentlemen : Having setfled and adjusted satisfactorfly aU
matters with Mr. J. W. Damon, I wish you to deliver to him
the ice-house and charge of all my affairs relative to the busi
ness. " He resumes his situation again, and will account with me
directly, without paying over to your house (/) the avafls of
the house in San Francisco square, or the house I have in con
templation to build."
I wfll now give the letter (omitting only some calculations,
possessing no interest) addressed to me by Mr. Tudor, under
date March 23, which, as has been stated, proved to be the over-
(/) In plain English : [see Appendix (E) ] although Mr. Damon receives for his
services no more than that same ten per cent., at which I was very happy to secure
them, and to pay besides to others, a commission of two and a half per cent for
keeping and remitting the proceeds; and although whilst Ae was not in charge of
the ice-house I preferred to pay that commission rather than trust so deUcate a
business to the person in charge; yet, now, as he is to take charge again, I think
It as well to sav« that per centage to my pocket.

85
ture to his backing-out, or retraction. It will be found quite in
character, commencing with a picture of the writer, which, in
most eyes, will constitute quite satisfactory proof that the " moral
mirror " wherein this gentleman is in the habit of studying his
features, pos.sesses a virtue corresponding with the property of
those material looking-glasses which reflect every thing upside
down, — houses balanced on their chimneys, whilst these rest up
on a foundation of air ; and men walking with their feet to the
cefling, in comfortable contempt of the vulgar proneness to fall.
No less true to nature is the following porlrait of my " munifi
cent patron : " " Boston, March 23, 1831.
« Mr. j. W. Damon.
" It has been a uniform custom with me to repay valuable
services, at a higher rate than it would be in my power to com
mand them. ("•) No man who has ever been in my employ can,
I think, sav otherwise.
" In your case, I have exceeded my rate oi favor, (h) above
any other man whom I have ever employed ; and except in the
case of the Mantanzas business, I have not had reason to be
lieve my confidence has been ill-appfled. And, as in that you
have retraced your steps, (i) your aberration from correctness
in that case is healed.
(g) How perfectly this applies to my case, how strictly true it is respecting the
course of my " patron " towards me, the reader does not require to be told. If his
memory need refreshing upon this point, he has but to turn to Mr. Tudor's pro
posal of May, 1823, to his bill of sale of Jan. 1824, and then trace the events of
even the first twelvemonth of our partnership. In the first document, he will note
the evidences with respect to Mr. Tudor's conviction regarding his " power to
command " my services at a lower rate than he offered ; as, in the haste evinced by
me to avail myself of the offer, he will see proof that the proposed compensation
was unnecessarily Uberal. In the second document, he will note the " rate " at
which Mr. Tudor engaged to pay for my services, as ice-house keeper merely. In the
events of the first year, he will see the "rate " at which I rendered service, and
the " rate " at which Mr. Tudor " repaid " me by largesses of all sorts, including
that threat to confiscate one half of my stipulated pay, which bears date Feb. 8,
1825, — when I had not yet been so much as eleven months in possession, — and is
the first recorded proof of his discovery of this invaluable " remedy" for ice-house
keepers' diseases.
Happy Mr. Tudor! If it be true, that to "know thyself" be the ne plus ultra of
human wisdom, who can doubt, that, before painting the above portrait, you had
attained to the highest pinnacle of her temple ?
(A) This, no doubt, may be taken as a sample of the assurances from — or as
surance of — Mr. Tudor, on the strength of which the public have been led to
associate my name with ingratitude, faithlessness and dishonesty, whilst my " ben
efactor" enUsts its sympathies as a sufferer through the "generous confidence"
and "just generosity" which belong to his nature.
(i) The reader has seen under what circumstances, and from what considera
tions, my share in the Matanzas concern was " accepted at two fifths;" this accept
ance being what Mr. Tudor here means by "retraced your steps."

86
" If you had adopted a reasonable course of advancing your
condition, I think you would have accepted my proposition of
$ 12,000, for another fifth, (to be at your option to give it up in
two years) and receiving five per cent as keeper of the house.
" But you have not been wflling to advance yourself reason
ably. I have now only to say what I think I have a right to
expect, and do expect, on your part : a general supervision of
the business, {j) It is my intention it shall be wefl conducted
here; and when the time arrives that ice shafl be sold in Havana
at three cents, then, the conducting here wfll be in fact the main
security of the business. [He had long ago said that it was so
already.] " If it be true that for ten years, and during the time that you
have been employed by me, I have treated you with a just gen
erosity, {k) you have (now that you are independent) [1) to make
me a just return ; and in our separation from my immediate
control over you, I trust and hope you will bear in mind how I
have exercised that control; whether to your injury or your
benefit " Postscript I suppose it is understood that I take back my
proposition of sale of a fifth ; if you do not so consider it, you
will now."
Immediately after the arrangement of which this letter was
the precursor, I departed for Havana, where I arrived about the
middle of the ensuing month.
(y) " A general supervision of the business.'' The reader knows in what sense
of these words Mr. Tudor had any right to " expect " any such thing of me. He
knows, that, — supposing the course taken by Mr. Tudor not to have forfeited his
right to expect anything of me in this respect, — the utmost extent of my obligation
was to visit Havana " when necessary ; " and that this obligation could not be in
any respect enlarged by the circumstance of my happening to be in Havana.
Wherever I might be living, I was not under any obligation whatever to Mr. Tudor,
to give any portion whatever of my time or attention to the affairs of the ice
house, e.Kcept only under such circumstances and on such occasions as would
have rendered it " necessary," — in the fair and equitable sense of the word, — for
me to repair to Havana from Boston, had I been established and doing business at
the latter place. And this necessity, fairly interpreted, must have had reference to
the business of the ice-house, and not to subjects incidentally arising and collater
ally connected therewith ; Such as ihe Privilege, the lot for an ice-house. &c. No
one, on perusing Mr. Tudor's " Memorandum of Proposal," could hesitate to say,
that such subjects as these were not comprised in the field of obligation to which
that stipulation had reference.
ik) "A just generosity!" In what one particular had his conduct not been the
direct reverse of what the commonest justice, — to say nothing of generosity, 
rendered imperative? Can the reader name one single exception?
(I) " Now that you are independent," quoth Mr. Tudor. J. W. Damon is "now,"
— having retired from the charge of the ice-house, — "independent," as the owner of
one. fiflh of the concern. This, and the date, the reader will please store away, to
gether with the other things of the same sort already noted, for comparison with
what the future is pregnant with, and will in due time bring forth.

87

§ 6- — 1831 - 33. — Site for the Ice-House obtained. — Its nature.
— Conditions attached by Government to the permission to
build. — New Ice-House built. — Breach of faith on the part of
Mr. Tudor in regard to the Cost. — Difficulties with which I
had to struggle whilst building the House. — Want of Funds.
— Mr. Tudor's dunning for Remittances. — His Coffee and
Sugar Speculations. — III Health compels me to leave, luly,
1833. — Mr. Tudor's subsequent " Generosity " on this subject.
Site for Ice-House. Having, at the end of March, setfled
with Mr. Tudor in the way we have seen, I was, by the middle
of next month, back at Havana. There, as may be supposed,
the first subject that occupied me was, to procure that site for
a new house which had constituted the chief object of Mr.
Henry Tudor's mission, "the one thing wanted," and in regard
to which our affairs, notwithstanding that the grant of the Privi
lege had been obtained, yet stood in a situation that every re
volving day rendered more critical.
The matter being now left in my hands, untrammeled by
Mr. Frederic Tudor's endless " instructions," I proved more for
tunate than Mr. Henry Tudor had been, or than I had myself
been whilst endeavouring to fulfil, — so far as common sense
would allow such an attempt to be made, — the mandates of his
imperial brother. The most advantageous site that the city
afforded was obtained by me, — one combining every possible
advantage, as wefl for the receiving of ice from the ships bring
ing it from the North, as for its sale, (m) With a view to subse
quent events, it is necessary that its precise nature, and also the
terms upon which it was procured, should be explained.
The city of Havana is entirely surrounded by a massive
wall of hewn stone, constituting the face of a regular fortifica
tion ; which, on the water side, rises from below the surface of
the bay. Adjacent to this wafl, and between it and the yard-
wall of a house belonging to the Marquis Villalta, was a small
space of public ground, held by Don Francisco Seydefl, as tenant
at wfll under the Government, and occupied by fishermen and
others as his under-tenants.
This piece of public ground offered a particularly advantageous
site for the vending of ice, because of its immediate proximity
to the fish market, — which is resorted to chiefly at the same
hours of the day at which ice is sent for by the families in the
(m) This site might have been obtained in 1830, and it would have been then
secured by me, at a considerably lower price than it ultimately cost, but for the
games [see Appendix (E) and (F) ] in regard to myself and to his attorneys, then
playing by my partner.

8S
habit of using it, — and its vicinity to the chief public square,
and the principal coffee houses and confectionaries. It was no
less advantageous in regard to the landing of ice from, vessels,
provided permission could be obtained lo receive it from the
lighters at that spot; in which case, it could be hauled up direct
ly from the fighter into the house. To obtain the use of this
site, four things were requisite: permission from one Depart
ment of the Government to occupy it in the mode and for the
purpose contemplated; permission from another Department,
that the ice might be received in the way proposed ; the reUn
quishment of Don Francisco Seydell's right, and the consent of
the Marquis ViUaha to the construction of the proposed edifice.
These four things were effected by me ; the consent of the Mar
quis was granted; the reflnquishment of Seydell's right was
purchased for the sum of $ 3,500 ; and the Government granted
the requisite permission upon certain conditions, similar to those
upon which Mr. Tudor had originafly obtained permission to
build, and which he had made so light of, after once getting
that " possession," which, " in a Spanish country, is more than
nine points in the law." One of these was, that the building
should be of wood, except on the sides adjoining the stone waUs
of edifices already existing ; another, that it should not be used
for any purpose whatsoever except an ice-house ; another, and
the most important, that whensoever the Government should
require its removal, it should be demolished and removed, and
the ground should be restored to its original state, afl at the ex
pense of the grantee.
New Ice-Hodse built. Having thus secured "the foundation
for a new and large and permanent house," I went to work, and
erected the edifice. This, it will be recollected, is the same
" new house," provided for in Mr. Tudor's " Memorandum of
Proposal," of the year 1823. It wtifl be recollected, flkewise,
that he there pledges himself, that the new house shall " be built
at the expense of my [Mr. Tudor's] four fifths, your [J. W. Da
mon's] one fifth, instead of paying, is to be made up by your
attention to the erection." But although my " attention " was
given " to the erection," and not my attention only, but the
work of my hands also, and although the funds even had to be
raised by me, yet my one fifth was taxed with its proportion of
"the expense," amounting to nearly $ 17,000. (w) Its right to
(n) I think I may venture to say, that any competent judge of such matters, well
acquainted with me, would experience no hesitation in saying, that, taking all
things into consideration, the cost of the building was, no doubt, from one fourth
to one third less than it would have been, if erected by contract, or by an agent
equally competent with me to conduct such a work, in all respects except only
experience in Havana affairs and dealings connected with business of the sort.

89
be exempt was not "nominated in the bond." Moreover it
was an old story. Since Mr. Tudor had given this pledge, some
nine or ten years had passed over ; a term long enough to ren
der even a debt at law, — particularly as contra-distinguished
from equity, — no longer binding. Besides, during this long in
terval, had I not been in the quiet enjoyment of afl the pleasures
and comforts resulting from the peculiar position of Mr. Tudor's
house and business, under his " any Privilege from the Gov
ernment of Havana ? " And, among these pleasures, had there
not been that of giving to the old house, lest it should come
tumbling down about my ears, my daily " attention," and the
frequent work of my hands, to say nothing of the constant drain
of my money, in company with that of Mr. Tudor, for repairs ?
And having, during so long a period, been left in the quiet en
joyment of such an habitation, instead of being subjected to the
discomfort of living and carrying on the business, in that " new
house," which Mr. Tudor had promised to build at his sole ex
pense, — surely, it would have been most unconscientious in me,
and a gross abuse of his "just generosity," not to consider such
a favor a sufficient "set off" to the claim of my one fifth to be
exempt from assessment (o)
(o) As a specimen of the pleasantness of my situation, the following details,
copied from two of my letters to Mr. Tudor, will suffice. The reader will not have
forgotten, that so early as April, 1834, [see a previous note, (i) ] Mr. Tudor wrote,
"the house, you know, is very rotten."
Nov. 5, 1S29. " On the night of the 3d inst., the rain fell in torrents ; in conse
quence of which a part of the house next to the fountain, rather towards the south
west corner, fell down, and a quantity of coal ran out, to the amount of several
cart loads. On the south side, the whole length of the old part of the house is
so pressed out, that I fear it will fall also. The rain appears to have softened the
ground, and the props given some at the bottom ; besides which, the boards are so
rotten that they are giving way between the joist. When it clears up, I shall try
to patch it ; but every thing is so rotten, that there is no such thing as driving
nails so as to hold."
Nov. 11, 1829. " On the night of the 6th inst., we had another tremendous fall
of rain ; and the south side, already said to have swelled out, and fear expressed
of its falling, gave way almost the whole length at the bottom, and considerable
coal ran out at several places.
" The day following, I made all possible diligence for permission to repair ; no
one seeing fit to give the permission until the Comisario del Barrio went with me
to the Governor, and after stating the difiiculties, the Governor said that the plan
for the new house was now drawing, and things would be ready soon to com
mence it ; but, for the preservation of the ice until the new house was built, the
present house might be repaired. On Monday, commenced repairing. To show
why I sought this permission, I transcribe the 31st Article of the Bando de Buen
Gobierno." [Here followed the article, prohibiting under severe penalties all re
pairs to any edifice, without permission.]
" When the part was taken down, to put up anew, I found the middle post and
all the studs rotted entirely off up to the girders, and the corner posts were very
rotten ; but I dare not prove them, to see to what extent, for fear of accident.
When that side is done, I think it may do very well for some time if nothing hap
pens to the shaving space. The next place that looks likely to give way is on the
12

90
Difficulties, Want of Funds, &c. — Such was the result of
this particular matter. Although the reader is by this time pretty
well acquainted wilh Mr. Frederic Tudor, he wifl be apt to sup
pose, that, considering all the circumstances under which we then
stood, I must necessarily have been allowed at least to build the
house in peace and quiet Comparatively speaking, it is true
that I was left free from annoyance; but that I was so only in
the comparative degree, will be seen from the following extracts.
In less than a month after my departure from Boston, Mr.
Tudor wrfles post haste, "via New York," lo inform me :
April 25, 1831. — "My Court street building is now nearly
done, and I have already nineteen tenants ; but the bad part of it
is, that Mr. Pratt's estimate, which was $16,000, turns out $30,000,
and I think will reach $32,000. You can hereby easily under
stand how inconvenient to me has been your witlidraiving your
money at this time.
" On the 30lh June, I have some considerable payments to make ;
and therefore I beg of you to be particular to send forward the
remittance for the ice disbursements, so as to be here on or before
thai time.
" Advice about the lot, &c., I shall like to hear: but I confess,
my disbursements have been so heavy in Court street, I shall still
prefer to go along, poco a pocb, in disbursements for that object,
if possible."
This shows how delicately considerate my " patron " was,
in regard to all matters touching his own convenience and reve
nue. " How inconvenient to me has been the withdrawing your
money at this time!" " But, unfortunately, my money had not
been withdrawn ; nor was it likely to be, until I should have
made it, by an operation, the first step of which would be to raise
some $15 or $20,000, — partly from the ice-house income, which
Mr. Tudor's fingers are stifl itching after; and beyond that, by
such ways and means as I could contrive, — and sink them in an
establishment for carrying on the business in.
west side. If that should give way, it must be very bad, as there are no shavings,
and that part of the building is of hemlock, and was put up in the spring of 1823.
The red cedar posts which were left to support the plates of the inside frame are
decayed, and worn at about six feet from the bottom to the size of a man's ancle;
and the middle post, supporting what was formeriy the east gable-end-plate, now
become a beam, is broken in the mortice where the girders tenanted into it, and
sprung out of a straight line several inches."
These were the circumstances, — in addition to the state of things in every other
respect, — under which it put Mr. Tudor "beside himself" that I should be so ir
reverent as to believe it necessary to commence a new building so soon as a lot
should be granted, or at any time until it should suit his convenience ! — he, at this
very moment, finding it convenient to apply the funds derived from Havana to the
erection of an additional ice-house at New Orleans, whereby to augment his
revenues. ' "

91
" The remittance for the ice-disbursements," which he begs me
to be particular in sending forward with afl despatch, is a sum of
$2000, which it had been agreed between us should be transmit
ted by me from the first net proceeds of the establishment, to
cover ihe expenses incurred at Boston in laying in and shipping
ice. Considering the actual position of our concern in regard to
the pressing demand, or ralher the absolute necessity for funds at
Havana, — to say nothing of my "convenience," as the holder of
his order for upwards of $6000, to come out of his share of the
first net proceeds, — some men would have thought that it did
not require " a just generosity," nor even so much as a particu
larly scrupulous sense of propriety, to restrain them from saying
a word about " the remittance for ice-disbursements." Neverthe
less, I immediately transmitted the money, $2000, to him.
Another post haste letter, by the same route, followed next day :
April 26,1831. — "The extreme low price of sugar and as
yet the smafl advance of coffee must throw, in the course of this
year and next, much distress upon Havana. This seems an ad
ditional reason for delaying the erection of the new house. If the
present one can be made to stand two years longer, I have very
little doubt but the people and authorities will be satisfied ; be
cause communities as well as individuals, grow meek and con
tented wilh what they have, when their pockets are empty, [p)
Also, it will be a great comfort to me not to build, until I get a
little relieved. Also, the lot may probably be had cheaper next
year, than this. Also, the objection on the part of the Intendant,
for the crane, to hoist over the wall, may be got over, or given
as a reason for not going forward. Also, the new house on the
simple and durable plan will have been tried in New Orleans
and proved.
" If therefore the house can be kepi on its legs, I think it will
be best to make it answer the coming summer and the next, and
advance slow and sure with the new one, and cheaply also."
The circumstances under which these letters found me maybe
sufficiently judged of from the following extracts from my letters :
June 1, 1831. — " You will see by the above that the sales for
the past month are small; smaller, I think, than they have been
for the month of May for some years past." — " This was done
[the writing of a memorial regarding one of the points involved
in the permission to build] by a person of Mr. B.'s selection,
and by his advice, as well as that of one of the Regidores, who
has been very friendly towards us. The memorial I presented
to the Governor myself, who said he would pass it to the In-
(p) This philosophical reason, — as, indeed, the entire string, — cannot fail to be
amusing, as well as edifying, to the reader.

92
tendant, who has jurisdiction over that part. Yesterday, I was
introduced to the Coflector of the Customs, and had some conver
sation with his Secretary in explanation of the plan which ac
companies the memorial." — " I have said above, that I was
advised by Mr. B. and one of the Regidores to make the memo
rial. They had both told me that the ground now occupied by
the ice-house is wanted by the Government, to finish the iron fence
already begun, along by the wharf.
" I observe what you say about building the new house. I can
hardly give any opinion whether the present house could be kept
on its legs two years longer or not. It appears to me that it cer
tainly could not be, without considerable repairs. The sides are
swelled out in many places very much, and I have been obfiged
to put up several more props to secure them," &c. &c.
"Postscript. I have just had a cafl from the Secretary of the
Mflitary Depai-tment, who informed me that he had been ordered
by the Governor lo notify me that the Director of Engineers had
requested the Governor by letter yesterday, to have the buildings
in San Francisco square cleared away ; so that he (the Director)
might commence his work, preparing for the fence, as he expected
the iron work from Spain very soon. As the Secretary was
aware of what we are asking of the Intendant (it having passed
through his hands) he said that we must try to hurry him to de
spatch it, and asked me how long it would be before we could
clear away. I told him it would take six or eight months, at least,
to build a house, {q) This, he said he thought would be too
long for the Director to wait If you shall not already have
written something more determined about the new house, I hope
you will soon : for I do not know how we can keep from making
a beginning if the permission to erect the wheel shall be granted
by the Intendant. Many of the memorials have set forth the bad
state of the present house, and your willingness to commence
the new one when a site could be procured."
June 11, 1831. — " At the close of this, I give a copy of an
order sent me yesterday, to have this place cleared aivay in two
months. This order is said to be peremptory ; and if so, it is
rather hard, as two months time is very short to build a house,
without taking into consideration the ice in the present house.
But this will probably be lengthened if operations for the new
house should be going on.
" You see now how we are situated. The Government re
quiring immediate and energetic operations, zi;Ai7e Ihave nothing
(q) Owing to Mr. Tudor's "poco a pocd " plan of operations, it was not far
short of two years before I could get the house entirely finished, and upwards of
,pine months before I could get it ready to receive ice.

93
on hand to begin with, — not even to commence the ptirchase of
materials, much more the payment of the lot : although the mat
ter of the lot is so arranged that but one half is to be paid on
entering into possession, and the other half in two months. I
hope you may have some letters of instructions on the way
here." The order referred to is as follows :
" The Comissario de Barrio of San Francisco wifl notify to
the ice contractor, that within the term of two months, perempto
rily, he dBmoflsh and remove the building erected by him on the
square of that name, inasmuch as permission has been granted
him to build on another site, and the corps of Engineers are to
commence operations on said square. This order to be returned
to the Mflitary Secretaryship, with a signed acknowledgement
of the notification."
On the same day, I repHed to a letter from a confidential friend
in Boston, parfly as follows :
June 11, 1831. — "I notice what you say about A.'s house. I
have had it in mind several times to write you to purchase it ;
but I have ever kept back, waiting to see how matters might turn
out here ; and I now think it would be out of my power to make
the purchase. / wish I could have known as much before I left
this place last December as I did on my arrival this spring ; and
to give you an insight into the matter, I enclose the duplicate of
Mr. Tudor's letter of the 10th Dec. last. [See § 4.]
" Ihave come out here again on friendly terms vnth Mr. Tudor,
and am determined to keep them if he tcill suffer me to do so ; but
if he begins another rupture I shall not think of easing off any
more. " The sales have not been equal to former seasons ; yet, I have,
within a few days, remitted him $2000 to pay the disbursements
in Boston. This, I think, will not be sufficient to satisfy him ;
for in the two letters he has written me he complains of want of
money. In the first, he informs me that his Court street building
is near finished, and a certain number of tenements are rented,
but the worst of it is that Mr. Pratt's estimate of $16,000 has
already run up to $30,000, and he fears may reach $32,000 ;
and that I now may see to what an inconvenience I have put
him 'by calling my money out of his hands. His second letter
treats of the probable poverty of this place, on account of the
low price of sugar and coffee ; and that he does not wish to build
here for two years to come if the present house can be kept on
its legs ; by which time he wifl have proved the new house he
is going to build in New Orleans the coming winter.
" Now, this is all nonsense, if he intends to carry it into effect ;
for everything on the part of the Government here is ready for us

94
to commence our work, and yesterday I was served with an or
der from the Governor to have everything cleared away from
here in two months. It is not, I think, likely that the order will
be rigidly enforced to the very letter, if there are preparations
for the new house going on; but if not, it is very possible it
may be. I shall not, however, run the risk ; but shafl probably
commence the work next week, and push it as hard as I can.
" Funds are wanting. I have cafled on Messrs. Scull, Storey
& Co., to see if they would advance us some money to begin
with, who say at once, that they will not, on account of the neg
lect with which they have been treated by Mr. Tudor. I have
agreed with them to let me have $1250, when wanted, and to
take a draft on you, which you wfll please to honor. If neces
sary, you must sell my bank stock. This is all I shall want to
draw for (I think, at least) until I may be able to hear from you
after you get this."
This is a sample of the slate of affairs in which I now found
myself, under the operation of my munificent patron's "just gen
erosity." I again write to him:
June 21, 1831. — " Since mine of the lllh inst. I have been
asked by the Governor, through Mr. B  , why the new house
was not begun, when I told him that nothing could be done
until the present occupants had moved ; and soon after, I was
told to begin, as the people were moving, and that our work would
hurry them away the sooner. Yesterday, I commenced clearing
away and to dig the earth. I have made no agreement yet
for the building the wall, or any other part of the house ; but I
think one must be made soon, so as to keep things going. A
wall two feet thick can be built for three dollars the square vara,
or thirty-three inches square, English," &c. &c. &c.
" I am in hopes to have some letters from you soon. If not,
I see no other way than to agree with the masons here for the
wall, and have it worked along as well as we can."
And thus did the luatter go on dragging, whilst I was writing
every three or four days, and despatching three or four letters every
month, and awaiting, — so far as the pressure of circumstances
would allow me to wait, — to be informed of my partner's
definitive pleasure. The first letter from him contained not a
word on the subject: leaving, of course, his letters of the 25th
and 26th of April, as his latest " instructions." Then came one
with the following wise project for " slaving off" the necessiiy
for buikling.
June 2, 1831. — "I begin to think a renewed application to
bufld in the Plaza San Francisco would be Hstened to, on ac
count of the depressed state of the pubfic mind in Havana,

95
owing to the general poverty. A removal of the ice-house to
one side of the city, must be inconvenient to the people flving
on the other side. A suggestion of this kind will be of force, if
you think il advantageous lo stir the matter anew in the Cabfldo."
At length, there came one containing the following :
June 23, 1831. — " Your letters of 1st, 6lh and 11th inst are
at hand, with thsbill, $2,000, which has been honored. I do not
calculate on any more money from Havana until you are paid
and the new house built, (r)
" But how is the house to be huilt, and you paid, I do not see.
" I therefore for instructions have to say : you may proceed in
the whole business as your own judgment and circumstances
shall admit I foresee that the low prices of produce, the ice
house sales wifl feel. Already it is perceptible, as I do not think
during your charge there has been so low a ten days' sale as this
year in June.
" They will certainly never pull the house down while there is
ice in it, and I think with you that to, make a beginning in ihe
new house might serve at least until next winter."
He thinks with me, " that lo make a beginning might serve at
least until next winter!" But when, or where, had I expressed
any such opinion?
Just a week after, he writes the first of what may be called
his coffee-letters, containing the following:
June 30, 1831. — " If you do not proceed in expenses, I have
thought it would be a good arrangement for the concern to invest
the proceeds of the ice-house in coffee, calculating to sell again
in October. I have no doubt the article will advance very con
siderably before the commencement of 1832," &c. &c. — " Messrs.
Scull, Storey & Co., I have no doubt, would be willing to buy
30 to 50,000 lbs., having their commissions on purchase and
sale." — " You may double or treble the quantity if there are
means. " Should circumstances admit of this very safe speculation, I
will join you, say three fifths to me and 2 fifths to you. If it is
gone into, it would be well to state to Messrs. S. S. & Co. that
it is intended to be re-sold in Havana and not shipped, or any
risk run.
" I enclose a letter to them ; which if you are disposed to the
thing, you can seal and deliver. By going into this speculation
we may be able to bring up a poor year's sale of ice, which I
feel confident we shall have, and the money wifl come back in
season for the expenses. If the money for your payment is de-
()•) How this pledge was kept, the reader will see.

96
layed by this operation, it earns interest, and can therefore make
no difference to you. (s) , ¦ .^ t i „
" I have so good a confidence in coffee advancing that 1 am
making my arrangements for buying here 2 to 300,000 lbs. if I
can <^et it at ten and a half to eleven cents ; beyond which prices,
I think I shafl not go. Mr.  has adventured to the extent
of two millions of pounds." , , , , , „
" P. S. If the coffee is to be bought, no delay should be made."
The letter to Messrs. S. S. & Co., — as I was wot! " disposed to
the thing," — was not sealed and delivered. It is as follows :
June 30, 1831. — "As it is uncertain at what time expenses
for the new ice-house may be incurred, I have written to Mr.
Damon he may invest the proceeds of the house in coffee at,"
&/C (fee.
" My view would be to purchase from 30 to 150,000 lbs : to
hold it three or four months and re-sell in Havana. You would
therefore have two commissions, which I am wflUng to concede,
as I suppose a considerable portion of the coffee will be required
to be purchased before afl the money can be paid."
That is to say, Frederic Tudor, Esquire, is wifling to " con
cede " to Messrs. S. S. & Co. the privflege of advancing the
funds for his " very safe speculation." (t) When he talks of in
vesting " the proceeds of the ice-house," he means by anticipa-
But put this credit basis of "the operation" out of view, and
suppose him to have intended merely to invest the cash proceeds,
as they should, from time to time, come in : what are we to
think of such a design, under the circumstances of our position ?
Circumstances at thzX time fully known to Mr. Tudor, who had
upwards of a week to ponder upon them ! But putting out of
view, not merely the credit nature of the operation, but also the
urgent necessiiy for funds for immediate use in matters of the
ice-house ; and supposing that the funds had been on hand, and
not absolutely wanted for " three or four months " to come : stfll,
(s) By "the money for your payment," Mr. Tudor means the money which I
was to make from the ice-house, — after there should be an ice-house, — in order to
pay his debt to me. The delay of its payment could " make no difference to me,"
of course ; seeing that it yielded, — or rather would yield, when principal and inter
est should, if ever, come to be snugly housed and secured, — an interest of six per
cent, just one third to one fourth of what it would have broug'nt at Havana ; whilst
I, meanwhile, was selling my property to raise funds for building the house !
(t) See § 4, note {k) — It has been seen, that Mr. Tudor's dignified aversion
to " be beholden to any of the merchants " at Havana for an advance of funds,
had been with him a perfectly satisfactory reason for indefinitely postponing the
erection of the new house, and keeping me subjected forever and a day to all the
consequences. We here see how far his dignity was efficacious, in regard to an
advance of funds for a gentlemanly little wager upon the rise or fall of coffee.

97
situated as we were, what possible justification could any sober
man have found for staking them upon a turn in the coffee market ?
I was to state to Messrs. S. S. & Co. that the coffee " is in
tended to be re-sold in Havana, and not shipped or any risk run."
No risk run! But suppose coffee should see fit, despite all Mr.
Tudor's calculations, to fall ! It is true, that on this occasion, it
did not fall, but rose. But it is no less true, that in the very next
year, when Mr. Tudor's calculations were no less profound, and
his certainty no less certain, the reverse took place, and a grand
catastrophe foflowed. At least, such is my impression ; if it be
erroneous, I can be corrected by those of whom he purchased,
or those to whom he " conceded," — as he was willing to do
towards Messrs. S. S. & Co., — the privilege of gambling in cof
fee for his account, with their funds.
The circumstance, too, is perhaps not altogether unworthy of
being noted, that whilst Mr. 'iudor, — situated as he is in regard
to me as ray debtor, and aware as he is of my situation, — is
dunning me for remittances to help him out of his Court street
scrape, he is not only engaging in the erection of a great ice
house at New Orleans, but is amusing himself at a little pid
dling game of " speculation" in 300,000 lbs. of coffee, to be
purchased at Boston alone ! It is true, however, that he does
not think he will go beyond 11 cents ; at which price, so far as
my arithmetic can be relied upon, it would require not a cent
beyond $33,000, to make this little purchase.
A postscript to his letter, in regard to an ice-house keeper for
New Orleans, is worth quoting, from the bearing it has upon
certain incidents [see Appendix (E)] of the preceding year,
connected with the same post at Havana.
" The young man I put in to supply Mr. Russefl's place, in
New Orleans, wrote on the 10th inst that he was not well and
thought he might leave. I ask you to judge for me whether
Limbough would answer, and if so, to give him the enclosed
after seating it"
After this, his letters contain but litfle of interest. The fol
lowing extracts will suffice :
July 13, 1831. " I have the pleasure to perceive by your letter
of 21 ult that the second term of June sales showed a little
revival ; but the depression of affairs in Havana, and the una
voidable poverty of the people must affect us this year and next
After that, I think the revival of prices of coffee may restore
matters again.
" I have already written you to proceed in the new house
according to means, circumstances, and your own judgment
The absence of employ for mechanics and call for materials
13

98
used, you ought to keep in view, so as to build the new house
cheap." July 15. " I wrote you per Juno, of the receipt of your letter
of 21 June, and of my satisfaction at learning you had com
menced the ice-house, (w) and also that the sales had increased
a litlle. The times are so bad for the planters, we must not ex
pect anything more than a very moderate year. Coffee, how
ever, is advancing, and I think within six months, will rise 100
per cent If you could have got hold of any of this article, we
should, I think, have made up an indifferent year by the profit
" I have but a few minutes to write, as the vessel which takes
my letter is spreading her sails. I think in the building you
should regard economy, and especially at this time, when the
working men of Havana must be needy and in want of employ."
Sept. 7. " Several letters from you, together with the segars,
have been received since my last The impediment offered by
one of the authorities means doubloons, (v) But we have
(m) The letter referred to, is that of July 13, written so long as two days before.
It does not contain a word of " satisfaction" on this point. This fact is worth
noticing, as an illustration of the habitual accuracy of his recollections and state
ments. [v) My letter had not suggested any such imputation ; and the result proved that
there was not any ground for it :
August 2, 1831. " The day of the date of my last letter, the Governor, through
the interference of the Director of Engineers, suspended our work, and left orders
at the place that I should appear before him ; when he said that he had no idea of
our digging away the bank of the wall, nor that it was our intention to build of
stone. I told him that in all the representations wherein the quality of the house
was mentioned, it was of stone, and in no case of wood. He said that stone could
not be admitted, for the Engineer had complained of the digging away of the bank,
and that it was necessary to keep a passage open along side of the wall, and that
the house was to be pulled down if the exigencies of the Government required,
&c ; that there was to be a Junta of Fortifications that day, and they would see
what could be done. It appears there was no act passed that day; it is possible
there was some conversation on the subject, and so it passed: a strife between
the Governor and the Director of Engineers, the one having given permission for
a thing which he appeared willing to get over in the easiest manner he could, and
the other opposing it, in toto, with all his might. At last, it was compounded, I
believe by the secretaries ; for I was told by one of them, a few days since, that
the Engineer would consent, on leaving a space between the house and wall, for
soldiers to pass, in case it should be requisite to defend the city from that quarter.
But this morning I learned, to my surprise, that the Director had sent in his consent,
couched in four articles, approved by the Governor ; and that, besides leaving a
space of five feet between the house and the wall, for infantry, the house was to
be of wood, and this place for infantry to be earthed up so that the soldiers could
fire over the wall. &c. This building the house of wood, I objected to at once;
stating that it would be of no use ; a wooden building in such a cave as that, sur
rounded by high walls on all sides but one, would rot down as fast as it could be
built up; and that the building in such a place, where we should be obliged to
leave a space all round it, so as to nail on the boards, would reduce the dimensions
so much, that the house would be good for nothing." The result of the matter
was, that this difficulty was obviated by our being allowed to use wall on the sides
adjacent to the stone edifices already existing, and we were restricted to wood only

99
none to spare. Do not proceed until all impediments are removed.
It is better to suspend than to pay to get rid of objections.
Absolu'e suspension will bring them to, in time.
" Coffee has risen since I wrote you on the subject, about 25
per cent I calculate by Christmas 75 per cent more wfll be
added to this advance. If you have purchased, it wifl prove a
good thing. If you have not, it will not be too late when you
receive this."
Sept. 17. " I have received your No. 15. About the cement,
I will make enquiries. If you had bought 4 or $5,000 worth of
coffee, in August, when, as it happened, it could have been had
at 7 cents, the following state of matters you would have found
at Christmas :
" The concern would have been able to sefl the coffee at
double, and possibly treble the cost You would have got
interest for your money, and the Nov. and Dec. rate of bifls, the
highest time of the year of bills. The suspension of the bufld
ing viould have convinced the authorities that we had no doub
loons for them, and they would have left off, in alarm, their
molestations. All the winter, you might have proceeded in build
ing, and been quite in season for the spring. Now, the author
ities think something may be got.
" The best way to do is, utterly to suspend the work, until the
house is allowed to be built as it is needful it should be. You
can say you have received orders to do so from me. (w.)
" As to building the house, one side of it wood, or building
three sides first and one side afterwards. It absolutely will not do."
Oct. 22. " Coffee continues to advance. Now, 13| cents,
and doubtless wifl be 20 cents before spring."
Nov. 28. " I have gone into purchases of coffee to a very
considerable extent during 4 months past, and have a very great
quantity which I propose holding till this time, twelve months. I
hope and expect to do wefl with it. The ice concern would
have done well if it had bought ; but it might have embarrassed
your building.
"You ask whether you shall draw on me. Answer: no. If
you do not receive money enough to pay as you go along in the
building, you must build slower. There is no need the house
should be finished for 5 or 6 months to come, (x.)
on the open sides, where there was room to work. But, — as I informed Mr. Tudor
in reply to his above letter, — it cost us no "doubloons" to obtain this favor.
(w) Replied to, as follows :
"I am equally sorry that we differ in our opinion respecting the author
ities here ; and that we might have suspended the work on the new house, to enter
into speculations, and resume it again at pleasure."
(x) Very " cool and dispassionate." See above, the June peremptory order of

100
" Mr. Hamilton, at New Orleans, has left my employ, and I
have a good situation vacant Limbough has been soliciting
employ. If you think he wifl answer for me, let him have the
the Captain General. To which add the following, from my letters to Mr. Tudor
shortly after the date of his present :
Nov. 21. " Our work on the new house is going on slowly, as there is but one
carpenter. The mason has done all he can at present."
Dec. 1. "Our work goes on steadily with the few hands I have at work ; the stone
floor being fixed, &c. &c. We have now commenced the inside frame; this is to
be of acana," &c. &c.
Dec. 11. "The Government is going on with their other work in this square,
rather slowly but steadily. They have dug away the earth nearly all round the
house, and it appears as if their wish was to come nearer; but as yet they are
very civil."
Dec. 21. " Mr. B  [the friend, for whose exertions in our favor, we were
indebted to Mr. Scull] told me this morning, that the Government were very
anxious to have us move from this square, so that the public work might get on
faster. I told him we were doing all we could to get out of their way, and that I
hoped we should not be disturbed until the new house was ready, and a cargo of
ice in it. I fear there will be another order for us to move."
Dec. 31. " AU the joists are laid for the floor, and I am ready to put in the
stuffing. This, however, ought not to be done until the roof is tight, and I have
nothing to make it tight urith; [thanks to Mr. Tudor's being so engrossed with bis
great coffee-fortune — that was to be — that I could not get him to attend even to
my inquiries and requests about the details of the building;] and by the middle of
the coming week, I shall be nearly out of work for want of a tight roof This
cannot be put olf any longer, unless the work is suspended entirely, and that
cannot be done, as the Government are upon me, so that they may go on with their
work. I think it doubtful whether or no we shall have difficulty with the Gov
ernment. I must now push the work as fast as possible. I asked you in October
(21st) if I should draw on you for money; but I have no answer, nor any letters
from you since that of Nov. 3."
The inquiry from me here referred to, was :
" I am in debt here now ; and there are many materials to purchase yet, as well
as considerable labor to pay for ; and I want to know if I shall draw on you for
small sums, from time to time, as wanted."
My position at the moment may be judged of, from the following, in a letter to
my Boston friend.
Oct. 17, 1831. "Notwithstanding your solemn charge not to send for any more
money, I shall be under the necessity of calling on you again, perhaps soon, for
some 9510 or $1500, which you must be indulgent enough to bear wilh during my
necessity. I have, once in a while, a letter from Mr. Tudor, who appears to be
very easy, or rather indolent, about the work on the new house ; he wants me to
brave the Government here, and talks about suspending the work if they do not
give all the facilities wanted ; but he is red hot for speculating in coffee, and I am
not certain but he will open a broadside or two upon me because I did not suspend
the work to enter into this speculation. If he does, I shall not flinch, but go on
regularly with the work ; and, if circumstances should require, I shaU call on you
to ship me some ice.
" I shall write to him by this opportunity, and ask him to furnish me with
money; but before I get an answer, I may have to draw on you. If so, I shall
charge the concern J^ per cent, per month, the price of money here now." [See
subsequent note, (c.) ]
Shortly after, I say to Mr. Tudor:
Jan. 12, 1832. " On the 3d inst. I acknowledged," &c. &c., "and requested that
you would not wait until the ice was near out, before you sent some more.
I hope you may have a cargo on the way when you receive this; not that we are
Ukely to be short of supply, but that we may have no difficulty with the author
ities ; as they certainly will want us away soon, to carry on their work — When I

101
enclosed ; but if you think there is any deficiency besides his
health, do not. I want a man that can be trusted, and no other."
Dec. 14. " The reduction of the tonnage duty is very inju
rious, and a representation to this effect should be made imme
diately. We should be allowed to bring what freight we choose
in ice-vessels : certainly half, otherwise we lose $1,000 per
annum." Feb. 9, 1832. " I wish much to commence the new price of
ice; seeing continually the beneficial effects of it, in the content
and salisfaction it gives to the inhabitants, and, eventually, in
creased profit to the ice-house. Do not, however, make the change
yet. Perhaps some requests or grants are to be asked of the
Government. This tonnage reduction is $1000 a year out of
our pockets, and ought to be allowed by the Government, by
some favor or grant equivalent They actually granted what
they have taken away. By giving to others, they have taken
from us."
This had reference to a general reduction which had taken
place in the duty on tonnage, and which operated to our disad
vantage, inasmuch as the exemption from the duty being now
less of an object to the owners of vessels coming to Havana,
we could no longer get our ice carried on so favorable terms.
" The new price of ice" here spoken of, was a project that he
began to agitate seriously about this time, and on the subject of
which, — as will be seen hereafter, — he finally became so per
emptory, as to cause me to repair to Boston, towards the close of
1834, for the purpose of setfling our difference with regard lo it
in the only equitable mode that it appeard to me to admit of.
For the present, I go on with the extracts from his letters. My
inquiry whether I might draw upon him is thus further re
plied to.
Feb. 11. " With respect to supplying funds, except from sales
for the ice-house, it is out of the question."
March 1. " I think the falling off of sales for 1831, is very bad ;
but as coffee and sugar are rising, I hope we may profit by the
asked you for slate, paper, &c., I also asked if I could draw on you, being then in
debt, and many things to purchase. You now say that I must not draw, but build
slower. We have come to that state of the building that it must go forward or be
suspended entirely. There is nothing done to the top part of it, only what is
absolutely necessary, and the roof ought to have been covered before this. The
work that now must be done is," &c &c. " How I shall get the money to carry on
this work, I cannot now tell. If money is hired here, a percentage of 2 per cent.
per month will have to be paid ; and I think I shall have to allow that to some of
those I am now owing." " The papers were received, for which I thank you. They
are read by the boy I brought with me, who attends to the delivery of ice ; but I
have no time myself, being at work all the day in the new house, and tod tired
to read of evenings."

102
general prosperity of Havana, which is coming. But the low
price I have proposed, which we must begin to think about, wifl
be the only effectual cure for poor sales. / shall write you shortly
what demand we are to make from the Government, to make the
reduction." March 22. " If you find your ice-house has cost so much as to
be inconvenient to remit for the disbursements here, I think
Messrs. Scufl, Storey & Co. wifl let you have a bifl at sixty
days' credit [y) at par ; as bifls are very dufl of sale in Havana.
It is needful this remittamce should be made to me, if it be & pos
sible thing, as agreed."
April 25. " I have received your letter of 24lh ult. I am sorry
you are unwefl. You have had a good deal of fatigue and ex
citement I hope you may now have some relaxation, so that
you may take exercise and keep yourself well.
" I have now only to say, as soon as you possibly can, you must
send forward the money necessary for the current expenses.
These must be attended to, or / shall be put to great incon
venience." April 26. " I wrote you in afl my late letters that, as there is a
pressure in the money-market nearly all the time, you must strain
yourself not to allow me to suffer inconvenience for the ice dis
bursements here. I have now again to request your attention to
this point"
These two letters (I have given them entire) show how faith
ful the solicitude of my partner was about the " convenience" of
Mr. Frederic Tudor. At the very same time, he was enabled to
command funds to order a shipment of 3000 boxes of sugar
from Havana lo Europe. In his letter of Feb. 11, he had said,
" I shall ship by the Governor Brooks 800 boxes of sugar from
Havana to Bremen. This, parfly to make Messrs. Scull, Storey
& Co. better humored." And in a postscript to that of March 1,
" I have ordered a shipment by S. S. & Co. of about 3000 boxes
sugars." Whatever may be thought of his endless dunning of
me for remittances, it must be confessed that his sugar-plumbs,
"partly to make " people " better humored," w^ere on a princely
scale. Only think! a little speculation of 3000 boxes of sugar,
just — or only "partly" — to make genflemen amiable towards
the ice-house. Who, after this, so barefaced as to call in question
the noble munificence of my " patron" towards our joint concern?
July 3. " Coffee is going to take another start shortly, as I be
lieve. Good triage at 7 or 8 cents, in my opinion, will give 50
to 75 per cent, on the spot in afl October. If you have the
Cy) See a previous note, (t.)

103
means, you may buy, on ice-house account, whatever quantity
you may be able to lift with your means. ¦ There is not a
market," &c. &c. ; " now is the time to buy."
Sept. 4. " I wish much to get the accounts of cost of ice-house,
&c. ; and also to have your views respecting the three cents per
pound reduction, which I think of the greatest moment to have
attended to."
Sept. 18. " In making up accounts for ice disbursements here,
I am at loss to know what to do about two ice-houses, — one
full, — carried away at Kennebec the last spring : near $2000 lost
What part shafl I charge to Havana ? (z) Yours with sales to 1st
inst. is received. I am sorry for your accident, and hope the in
jury to your finger may not be so serious as you apprehend."
Dec. 12. " I have received your letter of November 1st, with
sales to the close of October." " I had determined not writing
to you at all, or shipping any more ice untfl I got accounts of
cost of ice-house and the current account
" I now write to you to complain for the thousandth time of
this extraordinary deficiency of you, and which I should think
would not again have occurred after what has passed. Instead
of this, you grow worse and worse."
Let the reader note the circumstances under which this illus
tration of my partner's amiability takes place. Besides the
numberless daily harrassments to which I .had been subject for
nearly two years, ever since my last return to the scene of my
tofl and trouble, my general health, — as Mr. Tudor was fufly
aware, — had become very bad ; and I had, about the middle of
August, met with the accident about which he has just expressed
his sorrow. This was the crushing of one of the fingers of my
(z) Some individuals, and I beUeve many, — and without supposing themselves
entitled to be considered as " munificent patrons," or as anything more than honest
men, — would not have been at all "at a loss to know" what part of this loss to
charge to the pocket of J. W. Damon. Unless they had conducted the business of
furnishing the Havana establishment with ice upon a totally different principle
from that on which it was, unless I greatly mistake, conducted by my partner;
they would have known and felt that they had no right whatever to even propose
that Damon should bear any of this loss. To be sure, they would have conducted
the business on the principle referred to ; they, in my partner's position, would have
known and felt that the only course for them, after I had consented to become a
partner in the concern, was, to be scrupulously exact in furnishing it with ice at
cost ; without making one cent of profit. And having conducted the business on
this principle, they would have been entitled to distribute any accidental loss of
the sort, pro rata, among the persons interested in the establishment. [See further
on this subject. Appendix (D).]
This " at a loss" of Mr. Tudor, was responded to by me as follows :
"As respects the ice carried a way at Kennebec,you willdo as you think most proper.
This is the first notice you have given me of there having been any stored there."
It ended in his charging the Havana estabUshment $500 on account of this loss,
on the principle of distributing it among his different establishments.

104
right hand, whflst engaged in work ; and Mr. Tudor's last intell
gence on the subject was in these words. " Since which it ha
been so inflamed, that I have not been able to do anything
The inflammation has somewhat subsided, and it is thought tha
the joint of the finger wifl have to be taken off."
His threat not to write, and not to send any more ice, was thu
replied to.
Jan. 12, 1833. « Your letter," &c., " by which I learn that yoi
have been unwell and that you had become much exasperatec
on account of the delay of accounts for the new house. I havi
no other excuse for the delay than those already given, and an
sorry they have not been satisfactory. I enclose with this thi
account mentioned in my letter at the close of October, and ex
pect to send them by the Stag. The other is not finished ; bu
if I am able to get it done by the time the Stag sails, they wfl
all go together.
" I hope that before you conclude not to send out any more ice
you will send out another ice-house keeper, who will be proo
against all kinds of sickness." («) And a few days after I write
Jan. 21. " My health is still very slender, but, I believe, on th(
increase. Dr. Morrell has told me he thought a few weeks in lh(
country, on milk diet, and horse-riding, would restore me
This, I cannot comply with ; and I have commenced on the
bread and milk, without the riding."
The diet, however, proved ineffectual, and my health finallj
rendering it imperative that I should go North, I embarked
towards the close of the summer, after weathering the cholera
(a) Whilst I was writing this, the following was on its way to me from Mi
Tudor. It is to be noted, that in the year just expired, besides remitting to bin
$2000, in compliance with his importunities for money, I had yielded to his coffee
speculation urgings, by investing upwards of $1800 of borrowed money in tha
article. But this, so far from satisfying bis thirst, served only to whet it, and mak(
its cravings the more irresistible. To gratify it, see what a predicament he placei
himself in, and what an alternative he forces upon me; and this, without a won
of notice ; the bearer of the letter being the person to whom the money was to bi
paid "immediately."
Jan. 9, 1833. " I yesterday entered into a contract with Mr. Parish of Hamburgh
to ship from Havana ordinary coffee to the invoice value of $2500, on board the shi]
Regulus. This engagement of mine is absolute, and 1 shall wish you to furnish Mr
Tappan, the supercargo, with the means to make the purchase immedialelt/. Thii
sum you will charge me as if remitted for the funds needed to pay ice disburse
ments here for the present year." [Even under ordinary circumstances, Mr. Tudoi
according to the understanding between us on the subject, would have had a righ
to expect only a remittance of $2000 ; and this, not until the beginning of summer.
" I ship, in addition to this parcel, 100 tons coffee by the Regulus."
"My arrangements with Mr. P. are absolute, and I trust you will not allow mi
credit with him to suffer, as he is to furnish the funds for the purchase of the sai(
100 tons, and which will amount to $20,000, which he advances upon my credit
and by his confidence in the fulfilment of my contract as above."
Most munificent of patrons I

105
which was followed by the fever, after having made greater
havoc at Havana than in any other place in America. Down to
the moment of my departure, I continued as usual, to write three
or four times a month to Mr. Tudor, and to send him ti-i-monthly
statements, &c.
March 21. " You see by the account, that the number of pur
chasers has kept up in an uncommon degree, in proportion to
the money received. This is owing, I believe, to the use of ice
in the treatment of the cholera : for, these days that I have been
off my bed, I see strange faces, and many from the outskirts
of the village, where the disease has been, and still is very dis
tressing. " Yesterday I offered to the First Alcalde, ice gratis for the
poor ; they bringing a note from the doctor, certifying to their
poverty." " My own health has improved considerably these
few days past : my nephew is very well, and has been all the
time. I know not what I should have done without him while
I was sick. I hope my health may soon be restored; if not, I
propose to leave him in charge, after procuring a faithful man to
stop with him and protect him. If I should do this, I shall make
the house of Scufl, Storey & Co. the place of deposit."
April 1. " Here is also an account of the ice furnished gratis
to the poor, sick with cholera, with the names of the physicians
who attended each : one or two of whom are among the first of
the place."
May 1. " Of my own health, I can say but little ; there are
short intervals that I feel perfecfly well, and then I am very ill
again." July 1. " I must tell you that I do not feel as if I could enter
into the spirit of your letter ; my health and spirits are not buoy
ant enough for it If I had anybody to take care of the house,
I would make a trip to Boston immediately. But I have none :
my nephew has been sick, and is now recovering; the man I
intended as an assistant to him, if I should go to Boston, is now
sick, and has been for better than a week, with the fever. In fact,
it is sickly here."
July 8. " My nephew is now quite wefl, and the man spoken of
as an assistant to him has become much better ; and I now think I
shall leave here the last of this week for Charleston, and so go
on lo the North. We can talk over the subject of your letter
much better than it can be written upon ; and if no accident
befall me, I shall probably be in Boston in all this month."
July 13. " The above is a copy of the sales for the last ten
days, by which you see there is no improvement on the same for
14

106
last year. I expect to sail to-morrow morning for Charleston,
and then make the best of my way to Boston. I leave my
nephew in charge of the house, together wilh another man to
protect him ; and they together wifl, I have no doubt, do well
with the house."
The reader acquainted with the circumstances attending
my departure, and preceding it, through a long period, wiU
scarcely believe it possible, nevertheless, it is a fact, that my
absence on this occasion was, a year or two after, made a sub
ject of grave reproach from my "munificent patron!" Besides
considering it a great liberty on my part, to leave without his
previous consent, (some men, by the by, however intent they
might have been upon making money by coffee and sugar spec
ulations, and upon saving money by my services, would have
deemed it incompatible with decent feeling, — to say nothing
of generosity, — not to urge me, under such circumstances, to
make the best arrangements I could, and repair forthwith to the
North,) he reproached me with his liberality in aflowing my com
pensation to continue during my absence ; (although the provi
sion I had made for the conduct of the business, was at my cost,
and at my accountability ;) and also for the length of that absence,
although it had been prolonged at his special request (b)
(b) Towards the close of December, having become extremely uneasy at the
cessation of my nephew's letters, I purposed to embark immediately for Havana.
On the 24th of that month, I received a note from Mr. Tudor, asking my attention
to a matter of the concern at Boston, and concluding thus :
" I hope you will not think of embarking before my return, which will be by the
15th of January. [I was detained till the 3d of February.] There can be nothing
the matter about Lyon, or it would have been mentioned by S. S. & Co. in their
letter of the 4th inst."
One of his subsequent reproaches on the subject was, too, that I had left the
establishment in the keeping of " a child ;" and that his interests had greatly suffer
ed thereby. Even if this latter assertion had been true, every reader will judge for
himself how far it would have been compatible with proper feeling, to make of
such a fact, occurring under such circumstances, a ground of taunting reproach.
But neither he nor any other man can adduce the slightest reason for believing it
true. Incidents did occur, — originating in an attack of fever experienced by the
"child," — which render it impossible to assert positively that Mr. Tudor's inter
ests did not suffer to the amount of a single cent. But the facts of the case, and
the result of the matter, go to establish a very strong presumption that it was so.
And accordingly he had to confine himself to vague assertion in regard to injury
from the conduct of the business by this " child." His abiUty to speak less vague
ly and to enter into particulars, — among which a falling short of the amount of
sales, " 20 per cent." — was reserved for a subsequent period, in regard to an agent
of his own, employed by him, wrongfully to keep me out of the ice-house, until it
was forcibly restored to me by the tribunals of justice.

107

§ 7._— 1834. — My Return to Havana, Feb. 1834. — New Difficul
ties with my Partner. — Consequences of the heavy Advances
made by me. — His Instruction forthwith to reduce the Price of
Ice. — My Departure for Boston, in October, 1834. — Purpose of
my Visit. — This Ground of Difference between us is abandoned
by Mr. Tudor, and his old Pretension to reduce my Compensa
tion is substituted in its place. — New Discoveries made by him,
in regard to the Nature of my Rights and Obligations, and New
Positions assumed by him. — Alternative presented to me, to ac
quiesce in his old Pretension and new Positions, or submit to the
Confiscation of my Property.
I got back to Havana on the 17th of February, 1834, and had
been there but a short time before the old leaven in my partner
began again to manifest itself. One of the causes of its renewed
activity, goes to prove the wisdom of the old adage which pre
scribes " short accounts " between those who wish to remain
friends. Heavy Advances. It has been seen to what amount Mr. Tudor
was my debtor in 1831, after afl the reductions for which his
" just generosity " discovered grounds ; and it has been seen, too,
how particularly inconvenient to him had been what he termed
the withdrawal of my funds. So litfle efficacious, however, had
said withdrawal been, in restoring things to a balance, that on
the setflement, or liquidation, which took place between us at
Boston, just before my departure, he appeared my debtor to an
amount exceeding $9000. (c) Whflst my funds were in this pe
culiar state of withdrawal, an incident occun'ed, showing how
exceedingly trying to the lordly temper of my partner must have
been the bare idea of any other sort or mode of withdrawal. By
(c) A portion of the amount was made up of the two following items, copied
from a sketch of the account between us, transmitted by him August 12, 1834. From
the second item, it will be perceived, that in this instance, he adopted the improve
ment of casting up interest tri-annually, instead of annually, as had before been
practised. In other words, whilst money had been worth at Havana, from one and
aj half to two per cent, per month, my money was earning in his hands one
half per cent.; and this even, not credited to me until the expiration of three
years. " Amount of my obligation dated 22d March, 1831, .... $4463,34.
" Interest to 31st Dec. 1833,  ^ 743,16."
What money was worth at Boston during this period, — and particularly in the
winter of 1833-4, when " the Banks do n't discount now," — Boston business-men
can tell. It is to be noted, too, that this good six per cent, rule, or rate, was not
confined to that portion of my partner's debt to me consisting of money borrowed
by him prior to our liquidation of Feb. 1831. It was made to embrace the moneys
which I had raised in the ways that have been seen, and which I had advanced and
expended at Havana, at a time when the current rate of interest there, on the best
security, ranged from one and a half to two per cent, per month.

108
afl possessing any knowledge of Mr. Tudor, it wifl be recognised
as in perfect keeping with his "lofty" character, derived per
haps from the blood royal, which, if his claim to use the coat-
armor of the English house of Tudor be wefl founded, circulates
in his veins. Certain it is, that King Henry the Eighth himself
could scarcely have treated wilh more princely indifference any
vulgar matter of pounds, shillings and pence.
Some young relatives of mine having applied to me for as
sistance to purchase a little piece of land adjacent to their home
stead, I had promised they should have it On my informing
Mr. Tudor that I should want some money, and being asked
how much, I told him the sum, — " nine hundred dollars." " Why,
that's a good deal of money," replied he; "when will you want
it ? " It was not wanted immediately ; and on being so informed,
he gave me to understand that it should be forthcoming. When
the time mentioned by me had come round, the renewal of my
application drew from him the reply " the Banks don't discount
now." He seemed to think that this ought to be perfecfly satis
factory to me ; but I made bold to say, " Why, Mr. Tudor, what
have I got to do with the Banks ? "
The result of the matter was, however, that I had to content
myself with this piece of information, in lieu of my money,
and was placed under the necessity of failing to fulfil the pledge
I had given, or finding means to raise the sum, notwithstanding
that the Banks did not discount
The effect of this lesson upon me was, a determination to be
come less dependent upon Bank accommodations, by being in
future less lavish in my remittances to Mr. Tudor, and so man
aging our money concerns as to bring the account between us to
a balance. Thus was one of the causes of the fair weather, — ¦
comparatively speaking, — that had prevailed for some years,
made ultimately productive of the contrary effect. Thus arose a
cloud to cut me off from the sunshine of my patron's favor. It
may be remarked too, by the way, that his urgent need, — or at
any rate his most urgent need, — of my services having expired
with the completion of the new ice-house, he could now afford
to be generous.
Reduction of Price. Another cause of storm consisted in a
determination formed by my parlner suddenly to reduce the price
of ice to one third of that at which it had been selling for eight
years. This determination was based upon the idea, that the
consumption would at once increase to an extent more than
compensating for the reduction of price ; although it was contra
dicted by our experience of two previous reductions, first to two
thuds and then to one third of the former price, which establish-

109
ed the fact, that, after this supposed cause of increased profits
had been in operation for about eight years, the sales were actu
ally less in amount than they had before been, (d) However
true it may be, as a general rule, that the lowering of the price
of an article wifl augment its consumption, and that this aug-
(d) When he had last begun to agitate this subject, he had commenced, as has
been seen above, by asking my views. These had been given to him, in part as
follows :
" I cannot thinkit worth while to reduce the ice to three cents yet; and the great
reason why : we are not able." — " We know that since it has been reduced from a
real to a half-real, we never have received but about three fourths as much money,
in a season, as we did when it was at the real price. When the price was one and a
half real per lb., the price of ice-creams, of aU kinds of drink, [iced or noticed, they
were sold everywhere at the same price] was the same that it is now; and I have no
doubt they would keep them at the same point, ice being sold at three cents.
I think we had better wait some time, and recover the expense of the new house
before we reduce the price."
This was in 1832. The next year (the year when his calculations, and his cer
tainty, and his positiveness in regard to the consumption and the price of " coffees,"
were crowned with a result not very much calculated to command my faith in
his infallibility in applying the laws of political economy to special cases) I wrote:
" I hope you will not conclude to reduce the price this season, if ever."
I will here give a few extracts from Mr. Tudor's letters, having reference to the
operation of the reduction of the price to one real the lb., which reduction had
been forced upon us by an under-bid :
August, 1825. " Complain to Mr. D  of the reduction of the price, and ask
him whether it cannot be raised." [The gentleman here named was the most efficient
friend we had at Havana.]
Dec. 30, 1S25. " Our sales of Sep., Oct. and Nov., show a great falling off. In
future I expect the early sales will prove the best ; as the use of ice by the coffee
houses, for cold drinks, has increased, while I suppose the ice-cream customers have
diminished. I hope, if the affair of the contract is not complete, you will mention
the great falling off of sales in consequence of the reduction of price. Mention this
to Mr. D  , the Doctor, and Mr.  ."
April 8, 1826. [In a letter to Mr. Knight, transmitted open to me, of which the
duplicate has remained among my papers] " I am sorry to perceive in the last
yea'r's sales a falling off from those of the preceding year, of full eighteen per cent.
So that the reduction of price to a real the lb. operates heavily against me, notwith
standing the endeavors of Mr. Damon, by selling in the streets, to increase the de
mand, selling small quantities at half price, and large quantities at twenty-five per
cent, less than former years, has had a heavy effect upon net proceeds."
It will be recoUected [see ^ 2,] that this reduction, and this consequent heavy
effect upon net proceeds, was caused solely by the circumstance that Mr. Tudor had
no Privilege when he sold to me. It was rendered necessary in order to prevent
the Privilege from being granted to our competitors. Query : would a Court of
Law, or a Court of Equity, have compelled him to indemnify me for my share of
the heavy effect ?
The last reduction which had taken place, to a half-real the lb. was, according
to Mr Tudor, to perform wonders. On this point he had been no less positive in
1828, than he was now about the certain effect of further reduction :
Nov. 27, 1828. " The falling off this year of sales, to the close of October, if my
castings are right, amounts to $5,311 from last year, and more from the favorite
year of 1824," [when the price had been one third higher.] " A reduction of
price, lo a half-real, must be our remedy; and that, I trust, in the second year of its
trial, will produce as wonderful results as taking oS five sixths of the price in
Charleston has done."
Accordingly, the remedy was tried ; and its operation proved such, that Mr. Tu
dor wanted logo back to the old price! In every instance of a reduction, this absurd
and impracticable project was his remedy for the " heavy effect."

110
mentation wifl often be sufficient to increase the profit upon the
aggregate, — this rule has its limitations and exceptions. One of
these limitations is, that time is necessary to the production of
the effect ; and that this necessary time may, in any particular
case, be so long as to render a measure which would be wise on
the part of governments, that have to deal with generations of
men, absurd and suicidal on the part of individuals, who have to
measure their time by years if not by days. However this may
be, from my own personal and intimate knowledge of the habits
and character of the population of Havana, I was thoroughly
convinced, that the desired effect could not be produced by the
contemplated means, if at afl; and that the attempt could not fafl
to prove most disastrous to our interests. I had long given my
attention to the subject, and had used the opportunities afforded
by a residence on the spot to form a correct opinion of the matter.
That at which I had arrived was fully concurred in by every in
dividual whom I consulted on the subject, including genflemen
not inferior to Mr. Tudor in general intefligence, and his supe
riors in experience of commercial matters and in capacity to
form sound judgments, particularly in regard to questions de
pending, in a great measure, upon the peculiar habits and char
acter of the people amongst whom they lived, (e)
(e) Nothing could be more fallacious than to infer from the operation of any given
cause, (dependent for its effect upon domestic habits and customs) at New Orleans
or Charleston, that the same consequence would attend it at Havana. According
to the Spanish system of living, there is no such thing known as what is meant
among us by house-keeping. Nothing, absolutely nothing, is kept in the house. They
have a proverb, " Mas sale plaza cara que dispensa barata;" which means, "'tis
more economical to buy dear at retail, than tokeep a store of provisions purchased
cheap." The extent to which this is acted up to, is inconceivable to one brought
up with American or English habits of living. The neighboring grocery is the
dispensa or store-room of the families around. The materials for breakfast and
dinner, even to the very condiments to be used in cooking them, the pepper and
salt, are provided from day to day. So is the fuel. So is the bottle of wine for
the table. Upon such a system as this, the great purpose for which ice is required
by American house-keepers has no place. Its sole use is, for cooling drinks, and
making ices. At table, they are averse to cold drinks. 'They take them only as
refreshments, in the evening, or during the interval between breakfast and dinner.
And then, they are taken at the coffee-houses, or places of public resort; or they
are procured from thence ; the habits and customs are against their being prepared
at home.
Now, that the price at which ice was selling did not interfere at all with its gen
eral use for this purpose, was proved by the fact, that drinks of all kinds had, for a
long time, been selling at exactly the same price, whether iced or not iced. Every
one had his choice. And these were the circumstances under which I was "in
structed " by my partner, seriously to propose to the providers of these refresh
ments, to reduce their prices one half, in consideration of their obtaining ice at
half price I The very article which they were already willing to purchase and to
give to their customers without charge, was to be sold to them at half price; and,
in consideration of this, they were to lower the prices of their refreshments in
the same proportion ; whilst their sugar, their fruits, their labor, their Ughts,
their servants' wages, their rents, their licenses, &c. &c. &c., cost the same! And if
they should refuse to accede to this wise proposal, the refusal was to "put them
in the wrong'' in public opinion I

Ill
Although, at the time of consenting to become Mr. Tudor's
partner, I had agreed that he should have " the right of instruct
ing the mode in which the business shafl be conducted," I cer
tainly had not then contemplated that this right should extend to
the utter destruction of the value of the property, for a share in
which I was paying my money ; nor did I now believe that this
stipulation, fairly interpreted, bound me to acquiesce in anything
and everything which he should determine upon, under the idea,
or the pretext, that our interests would thereby be promoted. Be
sides, our interests, although blended for the time being, and in
deed for an indefinite time to come, were not absolutely identical ;
and so far as they might be otherwise, some regard was justly
due to mine. His views were always on a grand and magnifi
cent scale, and extended far into the future. Mine were con
tracted, and never embraced more than a few years ahead. He
might be disposed to sacrifice, partially or wholly, the present
value of the property, by a measure which promised at a remote
period to repay the sacrifice. But, did this render it obligatory
on me to agree to the sacrifice ? Was this obligation altogether
without limit, no matter what the extent of the proposed sacri
fice might be, and no matter how deep my conviction of its utter
folly ? Certainly not : there must, in the nature of things, have
been some limit to it It has been seen, that, in regard to one
point, and a very important point, I had, in 1829, had some
ground for considering Mr. Tudor, " beside himself." That
ground was, an oft reiterated and most peremptory " instruction"
regarding the course I was to pursue towards the authorities of
the country. Suppose similar ground should be afforded by some
" instruction " of his, bearing upon the value of our common
property : was I still bound to acquiesce ?
But, grant, for argument's sake, that this was the nature of my
position ; it may still be asked whether I was bound to carry
into effect, instantly and without expostulation, every " instruc
tion " he might write, however manifesfly destructive of our
joint interests ? Here again, certainly not So at least, I thought ;
and therefore,"instead of instantly carrying into effect his instruc
tion to reduce the price of ice, I ventured to offer, in opposition to
this measure, my own views, and those of gentlemen known to
him and relied upon by him in matters connected with the ice
house. This expostulation elicited a new series of explosions of
his self-sufficient, dictatorial and contumeHous temper. (/)
(/) Of this new series, the tone may be sufficiently judged of by the following
extracts from the last two letters written by me prior to my departure, in which I
took any notice of his reproaches ;
Sept. 1, 1834. " Your letters of the 9th and 19th July, -were received by the

112
My Departure for Boston. From this state of things, again
arose the necessity of my repairing to Boston, to settle difficulties
face to face. This had always proved the only course for bring
ing him to reason, which the process of letter-writing seemed
always to make him diverge from, more and more widely, at
every step. I formed the determination to repair to Boston, in
the design, should he persist in his scheme of reducing the price
of ice, again to propose to him to remove all difficulty by pur
chasing back my share at the original price ; a proposal which,
under such circumstances as would be presented by this irrecon
cilable difference, even so unreasonable a person as Mr. Tudor
could scarcely be expected to decline, particularly after having
Delta. In that of the 9th, you have a comparison of sales between New Orleans,
Charleston and Havana, for the first ten days of June. The difference is certainly
great." — " I am sorry that your business here is not so profitable as in New Orleans
and Charleston. You are aware that the house [on this subject, his last observa
tion was as follows : ' You have built a bad ice-house. I intend, — notwithstanding
your evident disinclination, — that you shall make it a good one.'] was built of the
materials that could be had at the time, and not of the materials that would have
been used if they could have been had. You say you have a feeling that you are
pepetually resisted in your wishes, &c. You maybe assured that whatever proposi
tion you may make to the inhabitants, re.'specting the price of ice, will not be kept
from them by me hereafter. As it respects the three questions towards the close
of the letter, I answer to the first, that I will advertise in the papers any butter,
apples, &c. that I may receive from you, and do my best to sell them when people
shall come to buy. To the 2d and 3d questions, 1 must say that I cannot promise
to make any farther or greater exertions to ' improve the house,' or ' to restore the
lost character of the Havana ice concern ; ' in fact, my health is such that I cannot
promise to do even so much as I have heretofore done." — " I have not, as I can
think of at present, any reason for not reducing the price of ice, that I have not
already given ; and as they do not appear to be satisfactory to you, I forbear re
peating them. My ill health, if nothing else, must soon give you an opportunity
of carrying your plan of reduction into operation, through some other person."
Sept. 11. " Your several letters of the 30th July, and 12th, 13th and 19th August,
came to hand yesterday, and I have noticed their contents." — " You are aware that
the form of settUng our accounts was adopted by yourself, in the winter of 1826-7,
when you lived in a chamber in the third story of Mrs. Lecain's house, where I
went to do the writing of them. Cold and warm drinks (iced or not iced) are sold
at the samcprice; that is, at a half-real the glass, whether it be brandy, rum, punch,
lemonade, or even water with panales. I am sorry you should suppose I was ma-
ncBuvering, or ' hocus pocus-ing,' with Mr. D. and Doctor Escovedo. You wrote to
D. yourself, and, I think, informed him of what you were going to do. He began
to tell me his opinion, and desired me to communicate it to you ; and then it was,
that I requested him to write to you about it and to consult the Doctor. If this is
' hocus pocus,' I think it is a kind that every one ought to practise. You say that
you do not mean to ' vex ' yourself Neither will I vex myself; particularly now,
in my present state of health. In your letter of August 13th, you use marine
phrases that lam unacquainted with; the wind appears to be unfavorable, and
the deck lumbered up ; if squalls should arise on a sudden the sailors might graze
their shins. It is for you to say how you will keep your accounts respecting the
price of ice at Boston ; [that is, the price which he charged for the ice furnished to
the Havana estabUshment.] I think you have changed your manner more than
once. a J
" You have given me the gross sales of particular days in New Orieans and
i^narleston, several times. Will you be so good as to give me the gross sales and
cxpensesyor one year, and the estimated value of the buildings f "

113
himself estimated the value of the property at double the origi
nal price. It has been seen that he had done this ; and, more
over, if he entertained no doubt as to the beneficial result of ihe
experiment which was opposed by me, because I was convinced
it would prove ruinous, he must consider the value of the
property as still further to be enhanced by coming under his ex
clusive control. My purposed offer, therefore, would present to
him the triple advantage, of making his property whole and entire,
by an accession obtained al less than half its value, as estimated
by himself; of freeing him from an obnoxious joar/we/-, who, ac
cording to his own endless reproaches, was always frustrating
the wisest plans ; and of enabling him lo employ, — as he had
repeatedly said he could do, — at one fourth of the compensation
received by me, a manager who would not be so presumptuous*
as to hesitate in carrying his instructions into effect
Such was the view which I took of the matter. But, as will
be seen, I soon had my eyes opened to my folly in supposing,
for a moment, that Mr. Tudor's course could, under any circum
stances, be governed by justice or reason, or so much even as
common sense with reference to his own interests, or by anything
except law; law, at least, as he understood it, and meaning
something altogether different from equity. His lawyer, perhaps,
had told him, — at any rale, he had taken up the notion, — that
I was completely in his power; and this power he was bent upon
exercising, to the full indulgence of his imperial nature.
Previously to leaving Havana, I placed the ice-house pro
visionally in the charge of Mr. Samuel Davenport, a person
known to Mr. Tudor as having once been connected with him
in the ice-business at Charleston ; if Mr. Tudor should be dis
satisfied with his being employed, he was to be replaced by one
of his own selection. To place Mr. Tudor's funds beyond all
risk, I instructed Mr. Davenport to pay them, at stated periods,
into the house of De Coninck, Spalding & Co., the successors of
that of Scull, Storey & Co., who had been selected as his agents
and attorneys at Havana, and who, in that capacity, had rendered
him troublesome and gratuitous services, (g)
(g) Even this little circumstance, — the arrangement made by me for the security
of his funds, (an arrangement, the necessiiy for which he afterward discovered to
his cost,) furnished the occasion for no less than two displays of Mr. Tudor's
nature. In the one, he went so far " beside himself" as to make the simple circumstance
of their having been requested by me to safe-keep his funds until his own pleasure
could be known, the ground of gross insult to the house — as respectable a one as
exists in any city in the world.
In the other, (by a letter in his usual style, under date March 21, 1835.) he up
braided me with a violation of orders in taking this step, and insisted that (what
he supposed to be) the loss of interest and their commission on a remittance made
15

114
At Boston, we began with our accounts, which were setfled
down to the time being, without any difficulty. This settlement
being effected, Mr. Tudor observed, " I want to make a new
baro-ain with you." He then proposed that I should return to
Havana, and take charge of the business at a fixed salary. This
I decflned acceding to, tefling Mr. Tudor that, if he thought he
could gel the business managed more to his interest or satisfaction
than it was by me, he had better buy my interest, by refunding
me what I had paid him, and then appoint whomsoever he
pleased. "How? buy your interest !" said Mr. Tudor; "/ did
not know you had any interest to sell." Not a little astounded at
this, I replied, "Perhaps not, sir; but I have always thought
that I owned one, and so I shall continue to think, until the con
trary is established otherwise than by your say so." I then frankly
informed him, that if he should attempt to maintain the ground
he had just assumed, I should defend, to the utmost, what I con
ceived my just rights ; and should his interests suffer in the con
test, he must not blame me. I did not pretend I had a right to
sell my share to any one except himself, unless it should be with
his consent ; but I did pretend to own one, which he could not
deprive me of, directly or indirectly.
Shortly after this conversation, Mr. Tudor addressed a letter
to a friend of mine in Boston, Col. Hobbs, referring to what he
called ray " threat," and desiring him to inform me, that if I
should attempt to interfere in any way with his (!) property at
Havana, he would retaliate upon my property in Boston. It
will be seen, in the sequel, with what reckless wantonness this
" threat" on his part was carried out ; to what lengths he carried
his abuse of legal process, designed for the security of those
who have just grounds of proceeding; and how seriously I was
thereby injured, by a man whose pecuniary condition makes it at
least doubtful whether aught but additional loss, in the shape of
law expenses, could result from seeking at his hands that re
dress which the law provides as a security against the malicious
abuse of its process.
Under date, February 9, 1835, he writes me as follows :
" When you suggested to me that you would sell to me your
fifth interest in the Havana ice-house and concern, I was very
to him, should be borne by me. I consented. But when the matter came to be
closely looked into, it turned out that his business had been so managed by them
as to leave a cjear saving of some $20 or $30, as compared with the result which
would have attended the fulfilment of those " orders," that had been " violated" by
me, in not myself making the remittance to him : which, considering that my
person happened to be at the time in Boston, was about as reasonably to be ex
pected as a good many other things which constituted the grounds of Mr. Tudor's
upbraidings. When this clear gain was ascertained, Mr. Tudor relented, and was
so generous as to be willing to " pocket the loss" in this shape.

115
much surprised, as I had all along considered (h) your said in
terest was essentially founded on your residence in Havana; and,
if I chose, as ice-house keeper, (i)
" 1 have been very much alarmed to think my ability to
comm,and your services, may be less than I had thought ; (j)
because, if you have an interest separate from this duty, which
you owe me, to be performed on your part, I have sold you an
interest which I never intended, and which you have never be
fore claimed.
" I consider you as my agent in the Havana ice-business. I
have always claimed all your services and denied you had a
right to engage in any other business.
" By your offer to sell, I consider you set up a claim to a fifth
which I never sold you."
Among various other things in this letter, he says, " It is
always needful you should be in Havana, looking after the in
terests of the concern. Being ice-house keeper is separate, if I
chonse ; and the rate to be aflowed you for this I may regulate."
Here it is seen, that, in the face of the express letter of his
own " Memorandum of Proposal," affording positive proof, that,
(h) "All along!" See above, a?Z aZo«g, beginning with his original "Memoran
dum of Proposal." See particularly §5, note (c).
Upon this point, note also the following incident, trivial in itself, but of immense
value as evidence in regard to what had all along been understood by both of us.
On the 7th November, 1828, I wrote to Mr. Tudor a letter, closing as follows :
"My object in going equally concerned with you at Matanzas was, to make
money ; that is, I thought Matanzas might be profitable ; and while I was here,
I should have about all my pioperty nearly under my immediate inspection.
But my views are somewhat changed : not that I think Matanzas will be unprofit
able, but that I may change my place of residence sooner than I was then aware of.
This, however, is not much more than conjecture at present; but not founded on
the supposition that I should take more or less of the Matanzas business."
This was not much in the tone of a man who "understood" himself to be de
pendent upon the will of Mr. Frederic Tudor in regard to the faculty of changing
his place of residence. And how is this responded to by him ? Here is his re
sponse, and my answer :
Dec. 31, 1828. " In one of your late letters, there is a suggestion that you intend
ed to leave Havana, and your present situation. If this is the case, let me be in
formed in season to provide another man."
Jan. 22, 1829. " As it respects the suggestion in one of my letters of Nov. last,
of changing my place of residence, I will now only say, that my views of contin
uing in this place are somewhat different from what they were some time ago :
but I shall not think of leaving, without giving you seasonable notice to procure
another man; unless it is on account of sickness, and it shall be considered immi
nent danger to wait for my successor."
(i) As to whether he had or ha.d not, in 1830-31, chosen that I should be ice-house
keeper, see §5, — his (inal move in the game he had been playing for more than a
year; and which ended with his extreme anxiety that the post should be held by
me, — in preference to any one of his " fifty"-and-one " excellent men, ready," —
finally getting the better of his "just generosity."
(j) In regard to what he had then "thought" of his right or " abiUty to com
mand" my services, see particularly his "just generosity" letter, of March 23, 1831.

116
even if I had parfly acquired my share by residing at Havana,
instead of paying for it wholly in money, as I had done, my
obligation lo reside at Havana would have extended only to two
years and a half; in the face of this poshive proof, Mr. Tudor
pretends to the right to require me to be "always in Havana."
Not only does he here, — forgetting all the documentary proof
of which I was in possession, beginning with his own original
"Memorandum of Proposal," — not only does he here affirm,
that the fifth interest, for which my money had been paid in
1824, (when he had n'l Privilege, in which to sell a share,) and
which had since been created by my own exertions, is " essen-
tiafly founded" on my residence in Havana, — but he affirms,
further, that I have no choice but to be ice-house keeper so long
as he may require it ! On the penalty of forfeiting my share, I
am bound, not only to continue forever to reside at Havana, but
to remain forever in the post of ice-house keeper, "if I (Fred
eric Tudor) choose!" And this asseveration is coupled with
the assertion of his right to fix the compensation of the ice-house
keeper at whatever point he may please! I
After this, no one will wonder at his proving so entirely for
getful of all that had passed between us as to say, that he had
" never intended" to sell me " an interest separate from this duty,"
meaning by " this duty," the double obligation to reside perpet
ually in Havana, and to hold the post of ice-house keeper so
long as he might choose! "Never intended!!" What an
accurate memory does that of Mr. Frederic Tudor here prove
itself to be ! Who, after comparing this solemn asseveration
with the tenor of his original " Memorandum of Proposal," (to
say nothing of subsequent documents,) can entertain a shadow
of doubt respecting the perfect and absolute accuracy of any
thing uttered by his lips, or written by his pen?
Such accuracy of remembrance would be truly incredible, but
for the explanation afforded by another passage of the letter.
It contains proof, that Mr. Tudor had been refreshing his memory.
In what way ? By referring to his " Memorandum of Proposal,"
and his subsequent writings? Not at afl; perhaps he had not
taken the trouble to retain a copy of that original document
At any rate, his devotion to law, — understanding always,
by law, something different from equity, — was too great to per
mit him to resort to any such vulgar process for refreshing the
memory. His was a leg-al one, far less troublesome, more expe
ditious, and more certain. He had, in order to know what it
meant, been submitting that bill of sale, drawn up by his own
hand, in 1824, to some lawyer, and this lawyer had told him that
this document left me completely at Ms mercy.

117
This is the way in which Mr. Tudor's memory had been re
freshed; and being so refreshed, il, of course, furnished him
readily with everything that he wished, and enabled him to
speak positively in regard to what he " had all along considered"
to be the nature of the relation in which we stood.
Is the proof of this legal operation called for? Here it is, in
this very letter. We have seen, in the foregoing extract, that he
begins by saying, " I have been very much alarmed to think my
ability to command your services may be less than I had
thought" Immediately after the part extracted above, he refers
to his bill of sale, of 1824, and goes into a long argument,
(founded entirely on the results of our business since the sale,
and on his own naked assertions,) lo prove that he could not
have sold me an interest on such very advantageous terms, ex
cept for the purpose of binding me to a perpetual residence at
Havana. His letter closes as follows :
" I have looked into my rights, to see if I have any. I find
them stronger, in black and white, than I thought; and it is
my intention, — since you complain of my generosity, and call
it hardness, — to give you justice and to have what is just from
you." The plain English of this is, that Mr. Tudor had got a law
yer to " look into " his bill of sale ; as the thing, " in black and
white," which was to decide what his relations towards me were.
And the result of this " look " had been, the discovery that his
rights were stronger than he thought — " I find them stronger than
I thought." In other words, the lawyer had told him that, by the
"black and white" of his bill of sale, I was completely in his
power; his "rights" (!) were found to be stronger than he had
thought. After this discovery, can any one wonder that he
should be able to recall distinctly what he " had all along con
sidered" to be the precise nature of our agreement? How then
could he do otherwise, than recollect perfectly well, every thing
respecting the nature of my "said interest," and of my obliga
tions, as agreed upon between us? And how could this, our
old agreement, possibly differ, in any respect, from the standard
w^hich had thus been ynst found ?
Mr. Tudor adds to his letter the foflowing postscript :
" I shall forlhwith engage another person lo go to Havana ;
but I shall not give him so favorable terms as 1 gave you ; the
fifth interest which you have forfeited, I shall retain for my own
benefit." This was on the ninth day of February. On the 12th March,
— that is to say, one month and three days after the foregoing
final decree, — he writes me another letter, from which I make
the following extracts :

118
" Sir, I have repeatedly and often asked you to go and look
after the business of the ice, and ice business [thus in the
original] at Havana. In your refusal to fulfil your duty, you
have vexed me in every way in your power, and injured the
business." — "I have no objection, upon your promise to follow
your instructions, to give you the place of keeper as long as
your health and inclinations shafl induce and enable you to re
tain it, at a hundred dollars the month. With respect to uniting
the fifth interest, and the ice-house keeper at ten per cent of the
gross sales, as one and indivisible, I shafl not do it." — " Your
refusal lo go to Havana without being ice-house keeper, amounts
to a refusal of fulfilling the condition which gives you a fifth in
terest." From this it appeared, that, owing to some cause or other,
Mr. Tudor had thought fit to reconsider his peremptory decree
of February 9th, and to revoke it. He had repeatedly told me,
that there were plenty of " excellent men," who would be glad
to engage in his service as ice-house keeper, for half of the com
pensation which he was so generous as to offer me. If he had
allowed ihirly-four days to pass over, — his interests suffering afl
the time, as he said, — wiihout carrying into effect his determi
nation "forthwith to engage another person," it could not, there
fore, be because no such " other person " was to be found. We
must consequently conclude, that either his " generosity " had
returned, lo resume its usual sway over his acts, or that some
misgivings had arisen in regard to the absolute accuracy of his
lawyer's discovery respecting the extent to which I was at his
mercy. Be this as it may, we here see that the immediate ground of
difficulty with him, /or the present, had become narrowed down
to his old pretension to reduce my compensation. To this, does
his letter substantially amount He has "no objection" to
"give" me the place of keeper, and to allow me to hold it so
long as I may be able and willing to do so, provided I will
acknowledge his right to reduce my compensation, — that com
pensation which, since his former attempt to reduce it, had been
secured to me anew, by our settlement of 1831, and the " inden
ture " written by him on that occasion. This, as we have seen,
had been entered into by him at a time when his position was
so critical as to justify, perhaps, a little diplomacy on his part ; a
time when he stood in utmost need of my services; when there
was no " new, and large, and permanent house," nor any ground
upon which to erect one, to enable his contract with the Cabildo
(obtained on my securityship, and by my instrumentality) to be
carried into effect; at a time when Mr. Tudor was dependent

119
upon me for making the Privflege of any value to him. This
was the time when, and the circumstances under which, his pre
tension to the right to reduce my compensation had been virtu
ally relinquished, in a covenant written with his own hand ; and
now, when afl had been accomplished by my exertions, when
the ground had been obtained and the house had been buflt,
(partly at my expense,) and the business stood upon a secure
and permanent and prosperous footing, — now, was the time for
his renewing this attempt, in the face of the assurance against its
renewal afforded by his own written agreement ! Now was the
time, too, for making sure of its success, by broaching his newly-
discovered theory in regard to what he had " afl along under
stood " to be the true meaning and intent of our partnership
agreement, — a theory which, in its "just generosity," magnani
mously gave me the option, either to retain the post of ice-house
keeper, under an acknowledgment of his right to fix the com
pensation at whatever point he might now and from time to
time see fit, or to "be always in Havana, [without any com
pensation] looking after the interests of the concern," as the only
alternative to having my fifth interest confiscated unto " my [Mr,
Tudor's] own benefit " ! !
Supposing me willing to retain the post on these terms, all
would be well /or the present. Indeed, for the present the only
"practical" difficulty, — that is to say, the only dollars and cents
difficulty, — between us, turned upon the old point, first stated in
1825, w^hether Mr. Tudor should cure me of all my viciousness
as ice-house keeper, by his " remedy " of swallowing one half of
my ten per cent. If I would consent to his doing so, then my
cure, /or the time being, would be accomplished, my fitness re
stored, and he would " give " me the post again. To be sure,
he annexes to this gracious offer the condition, that I shall
"promise to follow instructions;" but this, under existing cir
cumstances, was a vague generality, which could have been
introduced only to keep up the tone of master, and to save ap
pearances in regard to the difference which had last divided us,
and his course in reference to which had been the cause of my
visit to Boston. This, it will be recollected, was his " instruc
tion" immediately to reduce the price of ice, — a point upon
which his conviction had been so deliberate and mature, and
his determination so fixed, that my presumption in offering ob
jections to it, instead of carrying it instanfly into effect, had been
viewed as nothing short of high treason. And yet, since my
departure from Havana, the folly of this "fixed determination"
had become so apparent, even to himself, that the order had been

120
revoked, by instructions to the person then in charge of the ice
house, not to make any reduction, {k)
Thus, then, in place of the ground of difficulty which had
caused me to leave Havana, was now substituted a totally dif
ferent one, in the shape of a renewal of the old pretension to
reduce my compensation, backed by a new theory concerning
what he had " all along understood " !
§ 3.— 1835-6.— My Return to Havana, in March, 1835.— The
Person placed by me in charge of the Ice-House refuses to
allow me to resume it, and holds out as the Agent of Mr. Tu
dor. — My Visit to Boston in May, 1835. — il/r. Tudor's Refu
sal to listen to me. — Legal Proceedings inslituted by me. —
Decision of the Juez Avenidor in my favor. — Decision of the
Tribunal of Commerce in my favor. — Appeal taken by Mr.
Tudor to the Alzadas. — The Case remanded back to the Tri
bunal of Commerce. — Pending these Proceedings, Mr. Tudor
pockets my Money. — The Case carried by me into the Supreme
Court. — Possession of the Ice-House restored to me in Novem
ber, 1836, by Sentence of the Supreme Court.
I HAD lingered at Boston, in the hope that Mr. Tudor would
finally dismount his high horse and listen to the voice of reason
and justice. This hope proving vain, I determined to return to
Havana and see what effect this step might have in inducing
him to adopt a rational course.
On my arrival at Havana, at the end of March, 1835, I was
informed by Mr. Davenport that he would restore his charge to
me, provided I would accept it on the terms proposed by Mr.
Tudor, but not otherwise.
Finding myself thus circumvented, a justifiable way, perhaps,
of frustrating the unfair proceeding by which I was juggled out
of the actual possession (/) of the ice-house, would have been
(k) It may be added, that, although, as will presently be seen, I was kept out of
possession of the ice-house two years, by an agent under Mr. Tudor's exclusive
direction, yet he allowed this long period to pass without availing himself of the
opportunity to carry into effect tliis, his favorite and vitally important measure.
During all this time, its imperative and urgent necessity lay dormant ; and it was
not until after I had recovered possession, and he had again become intent on war
with me, that it again pressed upon his mind. See a previous note, (d.)
(I) Of the estimate put by Mr. Tudor upon the value of this advantage, an idea
is afforded by the following extract from his letter of Dec. 22, 1824, the period at
which, as we have seen, he was constantly ringing in my ears, " obey orders, if you
break owners," and this with reference to his " instructions," not only to trample
under foot his own solemn engagements towards the municipal authorities, enter
ed into at the time when be had obtained from them the favor of a Privilege, but
also to set at defiance the whole political power of the State ! How far this
estimate of the importance of possession entered into his calculations respecting the
possibility of my successfully asserting my right by a law-suit, supposing I should

121
to reinstate myself by a feigned acquiescence, and thus recover
the vantage ground which I had been manoeuvered out of. I
had gone to Boston /or the purpose of settling with Mr. Tudor
the diffi.culty arising from his " fijced determination " to reduce
the price of ice ; and disposed, if he should prove inflexible up
on this point, to remove the obstacle to the accompflshment of
what he deemed so essential to his interests, by sacrificing to him
my share of the property for one half of what he himself had val
ued it at This " fixed determination " ©f his, instead of being
persisted in, had been voluntarily reversed by him. But instead
of this being attended with the effect of restoring harmony be
tween us, he had substituted a totally different ground of difficid-
ty ; and this was now used as the pretext for availing himself
of my visit to Boston, in the way we see. Against a proceeding
so unfair, it would, perhaps, have been excusable to resort to
counter stratagem.
Averse, however, to all indirectness of proceeding ; and, at the
same time, exceedingly desirous to avoid, if possible, the expense
and trouble of a legal controversy, I determined to return to
Boston, and make a final effort to arrange the matter amicably.
I arrived there in May, and renewed to Mr. Tudor my proposal
that he should, if the terms of our subsisting agreement were
unsatisfactory to him, re-purchase the share he had sold me, by
refunding the money I had paid for it. The only answer I
could obtain from him was, " You have no interest in the ice-
business. I have taken my stand, and you may take yours."
I therefore yielded to the necessity of returning to Havana, to
seek such redress as might be afforded by the laws of the country
where the property was. (//)
have the temerity to venture into one; and how far his course at the present junc
ture was influenced by such calculations, I leave it to the reader to conjecture.
" Possession, as I have before written you, in a Spanish country, is more than nine
points in the law, and, although I have no title to the land on which the ice-house
is built, am an alien, and a heretic, according to their laws, it would take all the
power of the king of Spain to remove the ice-house, in a less time than six years,
if I was disposed to dispute the point with him. When a man has once possession
of anything, particularly of land, it is everything in a Spanish country."
The reader may judge how Uttle the imperial gentleman's slumbers can have
been disturbed at the thought of the " poor miserable carpenter's " rebelling
against the confiscation. Under any circumstances, Ais daring to go to law would
be a piece of folly, that could be measured only by comparing it with the audacity
of the bare conception; but, under e.xisting circumstances, it would only be
requisite to keep him at arm's length fhr four years ! ! by which time, the Privilege
would have expired; and then the case would present new difficulties and new
points to be discussed and argued.
(II) My choice of a foiiun has been found fault with by Mr. Tudor, and adduced
as evidence of ill-faith on my part. According to him, my suit ought to have been
instituted at Boston, because our " contract," as he calls it, is written in the Eng
lish language, and the courts there would have no difficulty in settling its true
import. 16

122
The first step which these required of me was, to seek to com
pose the difference amicably, by summoning Mr. Davenport, as
the representative of Mr. Tudor, before the Juez Avenidor, or
Magistrate of Mediation. The opinion formed by this magistrate
{Don Juan Montalvo) was, that the possession and arrangement
of the ice-house rightfully belonged to me ; and he advised Mr.
D. to restore it
Compflance being refused, the next step for me was, to insti
tute suit in the Tribunal of Commerce, — a body composed, not
of lawyers, but of eminent merchants, whose decisions, though
founded upon the code of commercial law, are governed.less by
mere technical points, than by the substantial merits of the cases
presented to them, and for this reason are looked upon with great
confidence. Here, a decision was given in my favor by Don
Joaquin Gomez, Don Joaquin Aizpurua and Don Francisco
Hornillos, — three names so favorably known in Havana, and
elsewhere, that I am proud to write them, in connection with that
of Don Juan Montalvo, as those of persons in whose judgments
my cause was just, and my claim lawful. By their sentence it
was decided, that the possession and management of the ice
house rightfully belonged to me. But, inasmuch as, in the
pleadings on behalf of Mr. Tudor, it had been afleged, (an alle
gation, to which his own written assurances shorfly after, as well
as long before, will be seen to give the lie,) that he had lost all
confidence in my honesty, the Court decided also, that, until Mr.
Tudor should have time to appear in person or by attorney, to
make good the grounds of his alleged distrust, Mr. Davenport
should, as his agent, be provisionally associated with me in the
management, so far as to see into my doings, (m)
But what was the nature of my claim? It was, j?rs(, that I was the true, and
just, and lawful owner of a certain share in a certain Privilege granted by the Gov
ernment of Havana, and in certain real property connected with it ; and secondly,
that I was entitled to the custody and management of said property, at a certain
compensation. Leaving out of view the question as it regards the Privilege, what
authority could any courts but those of Spain have, to decide upon that question
as it regards the property ?
But, even if the case had involved nothing but a question of mere contract, and
not of property, the position in which Mr. Tudor stood at Boston, in regard to mere
creditors, might, perhaps, h^ve been deemed, by a competent and cautious lawyer, a
sufficient reason for suing him, — even for a mere money debt, — at Havana in pre
ference to Boston.
This is a point which may be left to the business-men and the lawyers of Boston.
But, at any rate, my object was, not to recover money from Mr. Tudor, or to obtain
against him a. money-judgment, which might prove barren of money. It was to
recover possession of a specific piece of real property, of which I deemed myself to
be, according to law and equity, part owner, and the rightful manager.
(m) The extreme delicacy of this decision towards the interests of Mr. Tudor, is
made apparent by the article of the commercial code upon which it is based, and
which gave him this right to appoint a co-administrator, as it is termed, only aftei
he should have established, that I made an " improper use " of the power en-

123
This decision, so manifesfly fair and equitable, which opened
the door to Mr. Tudor, to come forward openly, and divest me,
in a just and legal way, — if he had just and legal grounds for
so doing, — of that which he had surreptitiously choused me out
of, and unjusfly and iUegally withheld, and which, meanwhile,
afforded him absolute securityagainst my defrauding him, — this
decision did not suit Mr. Tudor's purpose. This, — as is proved
by the course pursued by him so long as it lay in his power to
pursue it, — was not merely to keep the management of the prop
erty in his own hands, but, on the pretext that I had forfeited
my interest, actually to deprive me of my share of the profits !
Instead of the possession being restored to me, — as was so
manifestly required by law, and decreed too, by this decision, —
Mr. Davenport held out, and the case was carried by him into the
Alzadas, or First Court of Appeals. Here it was, — on a purely
technical ground, having no reference to the substantial justice
of the case, — remanded back to the Tribunal of Commerce, to
be commenced anew, [n)
trusted to me as managing partner, and that " manifest detriment " to the concern
resulted from my conduct.
This article provides, that when the signature of a firm, or the custody and man
agement of any property and business is, by the terms of the act of partnership,
expressly entrusted to one of the partners exclusively, he cannot, /or any cause what
ever, be deprived of it. But if he should make an improper use of the power confided
to him, and manifest detriment to the concern should result from his management,
the other partners may appoint a co-administrator, to intervene in the transac
tions ; or they may bring suit before the proper tribunal for the rescission of the
contract. ,
From the appUcation of this article to our case, it is seen that the document
appealed to by both parties, (Mr. Tudor's bill of sale,) was considered as expressly
giving to John W. Damon, exclusively, the custody and management of the property
and business at Havana, at the compensation therein fixed.
In regard to Mr Tudor's "right of instructing," and his allegations of disobedi
ence of orders, and other misconduct, and his averments of utter loss of confidence
in my honesty; these were all matters, the consideration of which was, in the
present case, absolutely precluded by the express letter of the law; it having
established the remedy which it deemed appropriate for such wrongs, to wit : first,
the appointment of a co-administrator ; and second, the rescission of the contract,
the decree for which, when obtained from the proper tribunal, would divest me
of the possession of any property which might appear not to be mine. But, mean
while, the express letter of the law forbade that I should, for any cause whatever, be
divested of the possession and management which I had held. Even by the action
of the tribunals, this could not be done ; and, a fortiori, not by the mere act of a
party, alleging himself to be aggrieved, and taking the law into his own hands.
Such was the view taken of the case ; and according to this view, Mr. Tudor
ought, in strictness, not to have been allowed to keep Mr. Davenport, or any other
agent of his, for an instant longer, in the ice-house ; nor to replace one there, until
he should prove, that the case had arisen for the appointment of a co-administrator,
by establishing his right so to act, upon the grounds defined by law. But in this
point, the Court, through considerations of refined equity, and through extreme
tenderness towards the interests of Mr. Tudor, thought fit to give them at once the
benefit of this security.
(«) From a letter written by Mr. Tudor, after the termination of this suit, and
from other circumstances, it is pretty plain that he was kept very much in the

124
Thus driven from piflar to post, whflst Mr. Tudor was quietly
enjoying the fruits of his stratagem, and pocketing money which
belonged to me, but which, once appropriated by him, I could
not, owing to his pecuflar situation, entertain much hope of
ever recovering by an action against him at Boston, except in
the shape of a barren judgment, — thus driven from jjillarto post,
I determined to adopt the shortest course for bringing the case
to a close, and carried it, by appeal, into the Audiencia, or Su
preme Court, then sitting at Principe.
dark respecting the progress of our litigation. Besides his own disposition to do
so, all those acting in his name, had very obvious and very substantial motives for
keeping up the game as long as they could, regardless of the ultimate consequences
to him, no less than to me. ]Mr. Davenport, for one, besides the motive presented
by his compensation as ice-house keeper, made use of the building as a cigar fac
tory, which, — under the facilities afforded by a large estabUshment free of rent,
not to mention others, — rapidly extended its scale of operations.
In the letter referred to, Mr. Tudor, reproaching me for having taken the case
into the Supreme Court, says, "the law case between us was justly decided once,
by a high and honorable Court, where there was no bias used except a plain e.xam-
ination of facts, and a decision accordingly."
Now, the fact of the matter was, that there was no "decision" whatever, but
nothing but delay, in this proceeding, whereby Mr. Tudor supposes that the case
"was justly decided once." In my reply, I tell him :
" You say, the law case between us was justly decided once, by a high and hon
orable Court; &c., &c.; and you also speak disrespectfully of the sentence pro
nounced by the Beal Audicmia. I believe you have been misinformed during the
whole progress of the suit. The first sentence given in my favor was in the Con-
sulado (or Commercial Court.") The Judg(?s were, Don Joaquin Gomez, Don
Francisco Hornillos and Don Joaquin Aizpurua, — all, I believe, natives of old
Spain. " Don Joaquin Gomez is probably the richest merchant in Havana. Messrs.
Plornillos and Aizpurua, were partners in commerce in this city, to a great extent
of business, until a few years since; thiy are now, I believe, planters. The law
yer who assisted them at that time, as their legal adviser, held his appointment
from the king. He is since dead. I am told that he was upwards of eighty years
old, and one of the first lawyers of the city. Davenport, at the time, asked for a
re-hearing, and the Court offered to consult their legal adviser, whether there
should be a le-bearing or not. Davenport challenged him ; and the Court offered
to consult another lawyer, who also was challenged. It then offered to consult
another, and he also was challenged. It then came to the fourth, when the law
allows no more challenging. This fourth has the title of Honorary Auditor of
War, and he refused them the re-hearing in that Court, and gave them the appeal
to the higher Court.
" The high and honorable Court " you make mention of, was composed of the
second and third Tcnicntcs Gobernadores, or legal advisers of the Governor, and the
legal adviser of the Intendant. Their decision was, to remand the case back to the
Consulado, and place it in the same state it was before the sentence from which
Davenport had appealed, without giving any reason why or wherefore it ought to
be thus remanded back. From this decision I appealed to the Supreme Court at
Principe ; and this Court saw fit to reverse the decision remanding the suit, and to
confirm the one from which Davenport had appealed."
"Mr. Bacon tells me, that you suppose I obtained the sentence at Principe by
bribery. If any hints of this kind have gone to you from Davenport, or anybody
here, nothing can be more calumnious and false. My going to Principe could have
had no other influence than to bring the case before the Court earlier than it would
otherwise have been ; for, through the whole course of the suit, ihe s:reat object of my
ojiponcnt^ ajipcurs to have been delay ; and this disposition was as manifest at Prin
cipe aa it had before been at Havana."

125
The sentence of the Audiencia, rendered on the 29th October,
1836, annufled the decree of the Alzadas; and, referring to Arti
cle 307,'of the Code of Commerce, and to the documents pro
duced by the parties, confirmed the decision of the Tribunal of
Commerce, establishing my right to the administration.
It confirmed it also, in regard to the provisional appointment
of Mr. Tudor's agent as co-administrator; deciding, that, if the
allegation of gi-ounds for such an appointment should be sub
stantiated in the Court below, it should continue until the expira
tion of the existing Privilege ; this being considered as the term
of the contract between Mr. Tudor and myself.
In pursuance of this sentence, (which still left him the right
to bring the proper action for obtaining the rescission of the part
nership, and thus lawfully depriving me of the management of
the property) I was, on the 26th November, 1836, reinstated in
the custody of the ice-house, of which I had been unlawfully
deprived for nearly two years, during which Mr. Tudor had
availed himself of the opportunity to pocket my money. His
agent was now compelled to surrender, and to content him
self with the office assigned him by the sentence, which gave
him the right to be an eye-witness of the sales, &c., and to keep
an account of them. Pie refused, however, to pay me anything
on account of my fifth share, or even to let me see the accounts
for any part of the period during which he had maintained this
wrongful possession. I then applied to Mr. Tudor for the ac
counts, but in vain ; and, perfectly obvious as was the legality,
no less than the justice, of such a demand, as a necessary con
sequence of the decision given in my favor, yet I should never
theless have been driven to further legal proceedings to enforce
it, had not events taken a turn which precluded the necessity.
For a long while, however, they were withheld ; so that, although,
when restored to the possession of the establishment, it was in
cumbent upon me to meet every just demand upon it, as well as
to see to the collection of anything due to it, I was kept without
the means of knowing aught respecting its position in either
respect. In order to preclude afl possible ground for the charge of sup
pressing any fact which could be deemed, by any one, as at all
material to the perfect fidelity of this narrative, I will close the
present division of the subject, with a letter received by me, from
Mr. Tudor, after my suit against him had been commenced.
It wfll be seen to contain a statement of " the principle ques
tion between us," which presents a considerably nearer " approach
to accuracy," (to borrow from him an expression used with refer
ence to the "difficulties" of justly stating his accounts) than is

126
common to things coming from his pen. Nevertheless, it is
quite far from being accurate, as the reader, — should his recol
lection need refreshing, — will see on turning to § 7.
It will be seen, too, that he here contemplates my proceedings
with all proper equanimity, and even with complacency, and
acknowledges that I do " right to appeal to " the laws, provided
they are in my favor. But it will be seen, that this equanimity
deserted him in the hour of trial ; and that, when this came, he
thought I had done very far from " right," in so wantonly "har
assing with law-suits " one who had ever proved a kind and
noble benefactor." That is to say, so long as he confided in his
doctrine that "possession, in a. Spanish country, is more than nine
points in the law," I was welcome to all the benefit I could
obtain by butting my head against the hard walls of the impreg
nable fortress ; but so soon as he found that Spanish law was
not quite so bad as he had fancied, then, my conduct had been
the most nefarious in treating him in such a way. [See the
next §.]
July 8, 1835. " I am very desirous of having you return to
your duty, and reinstate yourself (as I have offered you) in rights
of which your proceedings since January have deprived you, to
my great injury.
" I have repeatedly told you, and I now again write you, that I
consider it rather a loss to me to have the whole of the Havana
ice business, as I have at this time, than to have my interest of
four fifths protected and looked after as it would be if you fulfil
led your engagements.
" The day on which you agree to return to your duty to the con
cern, will be the day when your interest will attach again. I am
willing to begin it on the day when you come to a right course of
thinking and acting, agreeable to my original conveyance of the
fifth interest. Although all your interest is forfeited, for breach
of conditions, I am willing it shall revive upon your agreement
to fulfil the condition.
" You may gain some temporary advantages by interrupting
my business in Havana, but such a course can, in the end, do
you no good.
" The principal question between us is simply whether you
can be keeper, whether I wfll or not If the laws of any country
wifl show you to be right upon this point, you do right to appeal
to them; but my opinion is, the laws of no country wifl do so.
" I am sorry our long connection is to end by an unprofitable
law-suit. But if you attach me, I shall endeavor to defend my
self in the best way I can."

127

§9.— iVoi;. 1836, to July, 1837. — Deplorable Condition of the
Ice-House, and Imminent Risk of the Penalty of $4,000 '/or a
Failure of Supply. — Mr. Tudor's Treachery. — Arrival of his
new Agent, Mr. Bacon, ivith a Cargo of Ice.— His Demand and
Stratagem, and the Result. — Provisional Agreement with Ba
con. — He refuses to sign Receipts, for Money tendered to him for
Mr. Tudor. — All Differences between Mr. Tudor and myself
referred to Arbitration. — Delays interposed by Bacon. — His
Last Proposal. — His Death. — Mr. Tudor's Determination to
renew Litigation. — His Letter of January 11th, 1837. — My
Letter of December 11th, 1836. — i% Letter of February Uth,
1837. — My Subsequent Letters.
Condition of the Ice-House. On being reinstated in my
right, my first care was, to examine into the condition of the
concern ; and I found it such as abundanfly to justify the asser
tion made in Mr. Tudor's letter of March 12, 1835, that my sep
aration from, the management " injured the business." The ice
house had been converted into an extensive cigar factory and
store-house for cigars, carried on by Mr. Davenport, on his own
private account; and to some extent, if not chiefly, by means of
the resources which came into his hands as the receiver of the
money arising from the sales of ice. Besides being lumbered
up on all sides with cigar boxes, and with the tables and benches
of the workmen, so as actually not to leave room f(jr the daily
operations relating to the ice business, the establishment exhibit
ed throughout, every possible indication of neglect, mismanage
ment and dilapidation, so far as regarded the purpose for which
it had been erected, (o) and to which the permission for its erec
tion, had, as we have seen, been expressly restricted. The worst
of all these proofs of neglect was, that the stock of ice had been
allowed to get so low as to expose us to imminent risk of incur
ring the penalty of $ iOOO, provided in the contract for a failure
of supply.
Mr. Tudor's Treachery. I had been put in possession of
the ice-house, late in the afternoon of the 26lh November, 1336.
On the 29th of the same month, I wrote to Mr. Tudor, commu
nicating a copy of the sentence of the Court, and giving a de
tailed account of the condition of the estabflshment, including a
precise statement of the quantity of ice on hand. My letter
closes as follows :
(o) On the 6th of October following, Mr. Tudor acknowledged that my "sales-
appear to exceed Davenport's twenty per cent."

128
" I have commenced procuring shavings, (oo) to see if I can
preserve what little ice there is, until some more can be sent, so
as to prevent the fine from being levied for want of supply.
These are some of the most important things which come to my
mind at present to communicate to you for your government;
and as Mr. Davenport has currently circulated the word in this
place, that, if I should ever get charge of the ice-house again,
you would refuse to send any further supply of ice here, 1 enclose
this letter to Colonel Hobbs, requesting him to hand it to you
immediately on his receiving it, and to request of you an answer
whether you ever did communicate to Mr. D. such intention of
punishing the inhabitants of this place by not sending them any
more ice." (p)
The friend charged with the delivery of this letter was re
quested, should Mr. Tudor's answer confirm the report alluded
to by me, to make preparations for shipping me a cargo of ice.
On the 17lh December, I wrote, requesting this friend, un
less Mr. Tudor should already have told him, " in such posi
tive terms that it is impossible to mistake him," that " he is
about sending a supply of ice, and that immediately," to see him
forthwith and ascertain his determination in regard to the mat
ter, and should he not receive a positive assurance that a supply
was to be immediately despatched, then to take up the first
vessel and send me some ice with all possible despatch ; " for I
(oo) See a subsequent note, (d), to my letter of Dec. 17.
(p) The following is an e.xtract from a letter written by me to a friend in Boston,
under date February 19, 183G. The latter part relates to the subject now before
us. From the first part, it is seen, that, in the suit then pending between us, which
was terminated at the close of the year, by the decision of the Supreme Court, in
my favor, Mr. Tudor, — not satisfied with insisting that my fifth interest had been
forfeited, — attempted to make it appear that the sale of that fifth to me had been
void from the beginning ! And this, because his contract with the Government had
provided that it should not be transferable I What would a Boston Court, or a
Boston Jury, think of such pleading as this? Would they think that the cause
which was deemed to require a resort to it must necessarily be so essentially
strong, that its loss could be ascribed to bribery alone ? And, yet, many people in
Boston, and elsewhere, have been made to believe in this calumny against the
Supreme Court at Principe, and against me.
" To show you that there is a determination to rout me, if it can be accom
plished, Davenport has brought forward, in his alegato, Tudor's contract with the
Government, showing that Tudor cannot alienate or transfer it to another! Whether
this will have any influence with the Court, I cannot say. But, if anything, it
ought to show the Court that Tudor did, for a consideration, alienate a portion of
the contract ; and now, for his convenience, wants to take it back without restoring
the consideration he received. A man that will work such double-dealing ought
to be set in the pillory, to let people know who he is, and how to treat with him.
" Davenport has told one man, that he thought Tudor would not send ice if I
got the house again. But, said the man, there is a penalty if he does not keep the
supply good. Never mind, said Davenport, if Tudor takes such a thing into his
head he will carry it through. So it is possible Tudor may have intimated such
a thing to Davenport."

129
think the present supply wifl not last longer than the 1st of
February." Late in January, I received my friend's reply, under dati
December 20th, 1836, in which he says :
" I received your letter yesterday, enclosing one to Mr. Tudor,
with instructions to deliver it to him, which I prompfly per
formed. " To the question there proposed, he made no direct answer ;
but his remarks were to the point, that you had wrongfully got
possession of his property, and that he should be very simple to
place any more in the same situation. The report of Mr. Daven
port, he neither confirmed nor denied ; but from the whole tenor
of his conversation, I am clearly of opinion, that he wfll not
ship any more ice to you." — " When I left his room, he said he
would see me again." Mr. Tudor did see him again ; and here
commences a proceeding on his part, to which I invite particular
attention ; not simply on account of its own intrinsic importance,
but chiefly as evidence ; as evidence in regard to what Mr. Tu
dor, — whether because habitually under the dominion of blind
passion, or from this and other causes combined, I shall not un
dertake to pronounce, — is capable of; and, consequently, in re
gard to the degree of confidence which may be placed in the
rectitude of his course towards me, generafly. The course, I
mean, which he had thus far pursued, and that which he subse-
quenfly pursued, including his asseverations in regard to the
nature of that understanding and agreement, upon the strength
of which I had been induced to become his partner.
The reader is apprised of the critical position in which I
stood, at this juncture, in regard to the failure of a supply of ice,
the penalty for which was no less than $ 4,000 ; and this penal
ty secured by mortgage on my individual property. Immediately
on receiving the last mentioned letter, I replied to my fiiend,
saying : " If Mr. Tudor has persisted in not sending me some
ice, I hope that ere this you have a cargo on the way for me ; as
lam the one who stands responsible for the penal part of the con
tract." And, in a postscript to the duplicate of this letter, I say :
"If he (Tudor) refuses to answer you, or does not give you
anything satisfactory, I wish you to ship me some ice imme
diately, without regard to any remonstances from Mr. Tudor
whatever ; for if he does not send the ice, it is evident that he
intends to injure me on that score, also, if he can ; and you will
see the necessity of sending the ice. If you do send the ice,
and he should make opposition, his intentions will be so clear to
the Government, that I shall be able lo obtain justice speedfly.
17

130
If Mr. Tudor will go on smoothly, I have no disposition differ
ent from what I had in 1824."
But my friend had not taken any steps to save me from the
impending faflure and its consequences. And wdiy ? The rea
son wifl presenfly be seen. The reader wifl recollect, that my
order for a shipment of ice was contingent , it was to be exe
cuted only in the event of Mr. Tudor's faiflng to answer my en
quiry, " in such positive terms that it is impossible to mistake
him," and say " he is about sending a supply of ice, and that
immediately." Wefl, then, on the 21st December, 1836, — the
second day after the delivery of my letter, by Col. Hobbs, — Mr.
Tudor writes me a letter, beginning with these words :
" Col. Hobbs has brought me your letter, and asked me
whether I intend to ship more ice to Havana. My answer is,
that I so."
Such is Mr. Tudor's " answer " to my inquiry ; that inquiry
which, as he knew, was suggested, not merely by the desire
that our joint business should not suffer through a failure of
supply, but by the peculiar danger to which I was exposed, in
consequence of the penalty being secured by mortgage on my
property, (q)
This being what he expressly gives as his answer to my in
quiry, and these being the circumstances under which the in
quiry had been made, and the answer given, the question pre
sents itself: what is the precise meaning of the answer, in its
bearing upon these circumstances? Does it, or does it not,
convey to me the assurance, that I may make myself easy? that,
(5) When this mortgage was first mentioned, I omitted to state, that it was
deemed by Mr. Tudor's own lawyer, just and proper towards me, that he should
be bound to have it raised within six months after the time when it was given;
and a deed to that effect was drawn up by him, and executed by Mr. Tudor's attor
neys. But, to its being raised, it was requisite that a mortgage on other real estate
should be substituted in its place ; and where was Mr. Tudor to get real property
at Havana, upon which to give this new mortgage? or where was the owner of
such property, who, to oblige him, would subject it to such encumbrancef? The
difficulty was insurmountable; and the consequence was,_that my property re
mained mortgaged.
About two years prior to the period with which we are now occupied, thinking
that I might find myself under the necessity of selling this property, — in order to
find means for maintaining myself, as well as for the law expenses to which Mr.
Tudor's injustice subjected me, — I called upon him to fulfil his notarial obligation,
in regard to raising the mortgage. To this demand, he could not have the face to
raise any objection ; and he took one step towards meeting it. But here he stopped.
Indeed, it was impossible to go through with it, except by buying real property, or
by paying some one possessing such property the necessary inducement to subject
it to. mortgage ; and Mr. Tudor was not, it seems, the man to take any such step.
These were the circumstances under which Mr. Tudor had, for a space of six or
s«ven years, been enjoying the benefit, — in the proportion of /o«r fifths to my one
fifth, — of the mortgage, from which the most serious consequences were now im
pending over me.

131
so far as depends upon the writer, ice shafl be despatched to
Havana, (that is to say, to the Havana ice-house) in time to pre
vent, and/or the express purpose of preventing, that impending
failure to which the penalty is attached ? Is this the meaning
of the words, weighed and considered with reference to the
facts of the case, in regard to which they are uUered? If
this be their meaning, it remains to see whether this meaning be
altered or quaflfied by anything else contained in the letter. To
make sure, we must read the whole of it Here it is :
Dec. 21, 1836. " Col. liobbs has brought me your letter, and
asked me whether I intended to ship more ice to Havana. My
answer is, that I do.
" You write me, that you ' have been put in possession ' of my
ice-house, against my will, and in violation of our agreements,
often and again recognized and admitted by yourself (r)
" It appears, therefore, I have no remedy but to build a new
house, and to hold you liable, which I do, for all the costs, dam
ages, and expenses of all kinds, which your extraordinary con
duct towards me and the business, cau.ses.
" The law case between us was justly decided once, by a
high and honorable Court, where there was no bias used, except
a plain examination of facts, and a decision had accordingly.
" There is something in the very position in which you are
now placed, which shows the absurdity of the reversal of the
decision I have spoken of (s) You are placed, by force, in my
ice-house ; and, without power over your doings, \t) I am to ship
you ice, and you are to pocket the money, or do what you please
with it You do not inform me, you will remit it ; you do not
ask me, what are my instructions ; but you are ' put in posses
sion of the ice-house.' Whose ice-house ? is it mine, or whose
is it? (m)
" When I review the origin and long continuance of the con
nections and employ which there has been by me given, in your
case, and the opportunities which I have offered you, of reaping
a rich reward, I confess myself surprised at the return which
(r) Untrue.
(s) As has already been explained [See ^ 7] "the decision" here "spoken of"
was no decision at all; it was dead lee-way and nothing else; pure delay; delay,
during the whole length of which, so long as it should be in the power of my op
ponents to protract the game, law expenses would be growing; Mr. Davenport's
cigar factory would be fructifying and multiplying; the amount of sales would be
falling short, " twenty per cent. ; " Mr. Tudor would be compensating himself for
the deficit, by pocketing my fifth share of the profits, in addition to my ten per
cent, compensation; and Mr. John W. Damon might shift for himself
(t) .lust exactly the same power that he ever had ; no more, but no less.
(u) Very easily answered : Mr. Tudor's ice-house, — four fifths of it; and Mr,
Damon's ice-house, — one fifth of it

132
you have made me. Aflowing- that I was wrong in saying to
you, (after I had made you such flberal terms for years,) that I
should now reduce them to the reasonable rale of $ 100 a
month; allowing this to be bad policy, you cannot deny the
right which I always had to regulate the pay, as ice-house keep
er, at the same time that I offered that you might go and come
as you pleased.
" You are now willing to attempt to ruin and destroy my
business, — harass me with law suits, {v) I say, therefore, the
return which you make me, is one which you can consider no
otherwise, than one unworthy an honorable man.
" The temporary advantage which you gained at Principe, I
considered as of smafl moment; it only adds to the expenses
which attend all lawsuits. The suhs at law, in this business, I
consider as barely commenced ; and the total destruction of the
business, as far as respects profits, I have no doubt, wifl come
wilh 1837.
" I have neither inclination or intention to relax, in the smafl-
est degree, the entire assertion of my rights, and I warn you to
cease from further mischief and molestation.
" A return to a correct sense of the duty you owe yourself, in
your proceedings towards me, wifl be met by me with a proper
spirit The continuance of a hostile attitude is wasteful of all
former prosperity; and any real victory over me, and essential
harm done permanently to my business, in Havana, I cannot
make up my mind to believe, would afford you gratification. I
have now to conclude with offering you what I offered in Bos
ton : upon which terms I will bury the hatchet ; and you may
come home, and we will set off anew and endeavor to be
friends again ; which, doubtless, we shall be, if you can make
up your mind lo return to those innocent principles of integrity
which, I trust, still live in the mind of J. W. Damon.
" If those early principles and feelings have ceased to exist, as
far as respects me, why, then, accept the harsher and more vio-
(v) " Harass me with law suits ! " And this comes from the man who had re
fused to listen to me ; and from whom I could get, for my only reply, " Ihave taken
my stand, and you may take yours; " which " stand " had been, to affirm that I had
forfeited all right and interest whatever in the establishment, and to notify to me,
"the fifth interest which you have forfeited, I shall retain for my benefit." The
man who had taken this "stand;" who had maintained it vigorously to the very
letter ; and whose agent had made it his special study to do me every possible
injury, and to heap upon me every possible indignity, that can be done or offered
by acts, by deportment, or by language ; this is the man who, when the long strug
gle, which he had driven me to engage in, had resulted in restoring to me the pos
session of an establishment which I was managing for his interest, no less than my
own, reproaches me with harassing him with lawsuits, and with being "willing
to attempt to ruin and destroy my business ; " a business which could not be in
jured without injury to myself I

133
lent parts of my letter ; and put me to the proof: go on, and let
us use up in war, afl the gold and sflver which peace made and
would increase."
This is the whole body of the letter ; and then comes a long
postscript, as follows :
" Nota Bene : The weather has been of the same character
as the beginning of the winter of 1828, when the ice fafled al
most wholly. You recollect what a disastrous winter that was
to the business. It was the year when my chaise broke down,
in Charlestown, when you were riding with me : the cold com
menced early and then failed ahogether. The same, so far, has
been the case here, the present season. We had great snows in
October, and cold in November, so that in the early part of the
present month, the ice in shallow ponds had reached seven inches
in thickness ; it has since been growing thin, — has nearly left
Fresh Pond, and is not above two to three inches in shaflow
waters. The shipments made to Rio Janeiro and St. Jago have
cleared out afl the remains of the ice-houses about town ; and I
hold all there is, (w) which is in a distant ice-house, which I
purchased the contents of, say 1300 tons, at $ 2-75, intending it
for New Orleans, and being alarmed for the winter.
" I do not think we shall lose the winter, but I think no new
ice can be obtained for a month, (iv) I propose shipping, im
mediately, a smafl supply to Havana, as soon as I can prepare
materials for a temporary ice-house, not knowing the course you
may determine upon. In the meantime, if the ice is likely to
fail, protest ought to be made against the anomalous winter,
which prevents new ice from forming. If you determine upon
peace, you should forthwith take passage home ; putting in your
place any one you may prefer ; all will be done here which can
be done ; and if you come in amity, arrangements will be made,
so that the expenses contemplated, will be greatly reduced, and
the materials wifl be such as to be of use in repairs and improve
ments, if not used in the temporary house I have in mind."
(w) Therefore, by the by, you need not flatter yourself with any hope of being
relieved from your position, by shipments of ice from your friend, Col. H., or any
one else.
Was this long palaver, in the shape of a postscript, (called, in this instance,
" Nota Bene ") written in the design, that, without his seeming to have any such
intention, a strong sense of my utter dependence upon him might be gently insin
uated into my mind ? This is a matter for conjecture only. I leave it to the
reader to draw his own inference ; upon due consideration of the circumstances
under which this letter was written, and the nature of the stratagem which the
arrival of the "small supply" at Havana served to disclose, one thing is certain :
Mr. Tudor had no reason to believe, that the success of his stratagem would be, in
the slightest degree, endangered, by his letting me know that " all the ice-houses
about town" had been swept clean; that the ponds were so obstinate that they
would not freeze ; and that Mr. Tudor had monopoUzed " all there is," even in
"distant" ice-houses.

134
We now have the whole. Is there anything in it, to convey
the idea, that the forlhcoming supply of ice, when it should have
reached Havana, was not to be applied to the purpose of re
plenishing the exhausted stock of the Havana ice-house, and
saving my property from the consequences of a failure ? I think
not. Admitting, however, that this is the case, in what position
wifl Mr. Tudor then stand ? In that of availing himself of my
peculiar position regarding the mortgage, for the purpose of
doing me injury, or of extorting from me a surrender of my
rights. Rights which had been solemnly adjudged to me by
three distinct tribunals : first, by the Court of Rlediation, acting
altogether upon principles of right, and justice, and equity, un
trammeled by the rules and technicalities of law ; next, by the
Commercial Court, consisting of eminent merchants ; and last,
by the highest Court of Law.
This is the position in which Mr. Tudor would stand, even
admitting that the letter now before us, when fairly interpreted,
with reference to my inquiry and to the circumstances in which
we, at the moment, stood, did not warrant the expectation, on my
part, that the forlhcoming supply of ice was to be applied to the
purpose for which I so anxiously desired its arrival ; and this,
without any attempt on the part of Mr. Tudor, to take advantage
of ray position.
To my mind, however, it is perfectly clear, that it did warrant
such expectation on my part ; and that, fairly interpreted, it ad
mits not of being understood in any other way. The only parts
of the letter which can be viewed as giving rise to even so much
as a doubt on this point, are, the third paragraph, (wherein he
says, " It appears, therefore, I have no remedy but to build a
new house and to hold you liable, which I do, for all costs and
damages, and expenses of all kinds, which your extraordinary
conduct towards me and the business causes,") and the conclud
ing portion of the postscript, wheiein he mentions his intention
to send out " materials for a temporary ice-house," in the same
vessel with the ice.
But could this intention to build the " new house," mentioned
in the first of these passages, or even the "temporary ice-house,"
mentioned in the second, be considered as having reference to
this particular supply of ice ? Could it be understood as amount
ing to a notification that this particular supply was not to be
forthwith applied to the purpose for which I so anxiously desired
its arrival ; but was to be applied to the purpose of extorting
from me a surrender of the ice-house ? It could not be so un
derstood. In the first place, besides the express answer to my
inquiry, with which the letter opens, it contains passages imply-

135
ing that no other design was entertained by Mr. Tudor, with
regard to this particular " smafl supply," except that of sending
it to me ; and that his " temporary ice-house," even, was contem
plated only with reference to the next shipments, after this
" small supply." In describing the " something in the very posi
tion " wherein I had been placed by the decision of the Supreme
Court, " which shows the absurdity " of that decision, he enu
merates, among other consequences with which it was attended,
that " I am to ship you ice ; and you are to pocket the money ; or
do ivhat you please with it." Again, in the closing part of the
postscript, directly after telling me, " I propose shipping, imme
diately, a small supply," &c., he expresses great anxiety in regard
to the penalty, by saying, " meantime, if the ice is likely to fail,
protest ought to be made against the anomalous winter, which
prevents new ice from forming." But, even if his letter had
contained no passages of this sort, the facts of the case presented
a conclusive reason for believing, that this intention to build
another house could not have reference to the forthcoming " small
supply." The emergency was of the most pressing kind ; and
it was doubtful whether this supply could even arrive in time.
Had Mr. Tudor already secured a site for his temporary house,
even in this case, it would have been impossible to erect it in
time. But he had no such site ; and, with his and my expe
rience of the difficulty of this point alone, to say nothing of
others, the idea was utterly preposterous, that he could, for an
instant, have thought of the " temporary house," wilh reference
to the supply needed for saving the penalty. At the end of the
month of January, the stock, despite all possible exertions on
my part to economize, and to prevent it from melting away, had
become reduced to one and a half cords ! On the 4lh of Febru
ary, my painful suspense was piit an end to, by the arrival of
the brig Criterion, from Boston, bringing ice. She also brought
me several letters ; one from Col. Hobbs, enclosing one address
ed to him by Mr. Tudor ; and another from Mr. Tudor to my
self. The last wfll be noticed hereafter. The two former are as
foUows :
Jan. 7, 1837. " Friend Damon : Enclosed you have a letter,
which Mr. Tudor sent to me. I have thought proper to place
you in possession of it, that you may be informed of his views
and feelings towards you, on the subject of a difference which
has deprived you both of any income from the property, for two
years past I hope you will be able to come to some arrange
ment with Mr. Tudor's agent ; that, in the present agitated state
of the Government, you may be able to make something more
out of your Privflege. Yours truly, P. Hobbs."

136
Jan. 5, 1837. <' Dear Sir: The Brig Criterion is loaded with
ice for Havana, and will sail to-morrow or next day.
" I shall send out an agent to endeavor to make some out
lines of setflement with Mr. Damon, but without much expecta
tion of doing so.
'< If Mr. Damon shafl continue his course of plowing with the
heifer, I do not see how there can be any remedy for the diffi
culties between us. I am told he has a feeling of bitterness and
personal hatred towards me. Under such circumstances, I see
no chance of adjustment ; but, that I shafl have to be indebted
to him for the destruction of my business in Havana.
" How he can make up his mind to treat me in this way, I
can only account by believing he is blinded by hatred and dis
like. " I once thought I could depend on Mr. Damon, in all cases,
and acted towards him as I would towards a brother. If he can
show I have acted otherwise, in main things and important ques
tions, affecting his interest, I am totally blind as to my proceed
ing with him.
" At a time when I choose to exercise the control in my busi
ness, and to determine matters, as specially agreed for on the
subject of the ice-house keeper, he undertakes to get put in pos
session of my estate and to defy me. To this I am to submit ;
or he threatens all sorts of things. — His lawyer gives out, he
shall object to the renewal of the contract with the Govern
ment, &c. &c.
" Now, although I may not expect of Mr. Damon a return to
me of the liberal dealing by which I have made hirn from a poor
man, into a rich one; still, I think I have a right to expect that
he shall not use all his powers, to do me an injury of a high
character. " I mention to you a few of my views in general, on the sub
ject, in hopes you may advise him to come here, with the en
deavor of terminating our difficulties.
" As to making him any concessions because ' he has been
put in possession ' of my property in Havana, against all our
agreements ; in violation of all propriety and against my will ; I
shall not do it
" If he chooses to continue his desperate course, I shafl wai'
until he has done a great deal more than he has yet effected, be
fore I shall consent to be driven from the position I have taken.
" Any letters you may have for Havana, if you wifl send the—
to my office, they will be forwarded in the Criterion.
" I am your obedt. servt
" Frederic Tudok."

137
It is here seen, that Mr. Tudor's diplomacy is maintained to
the last ; my friend and agent at Boston, — who might otherwise
have taken steps, even at this late hour, for despatching ice to
me, — is informed that "the Brig Criterion is loaded with ice
for Havana, and wifl sail to-morrow or next day ; " and also, that
Mr. Tudor wifl " send out an agent to endeavor to make some
outflnes of a settlement with Mr. Damon." But is my friend
informed of the purpose to which this " ice for Havana " is to
be applied? Is he told, that, — through Mr. Frederic Tudor's
exceeding delicacy, and his extreme solicitude for the peculiar
position of Mr. Damon respecting the mortgage, — this ice is to
be used for the purpose of extorting a surrender of the ice-house ?
Is it intimated that this is the first of tl^e " ouflines of a setfle
ment? "
Before we proceed further, let us recur for a moment to Mr.
Tudor's letter of December, 21, 1836. — We have seen, that this
letter did not convey any intimation that any conditions were to
be attached to the landing of the forthcoming supply of ice, and
its application to the purpose of protecting me from the conse
quences of the penalty. But suppose, that the plain meaning
of the letter had been the reverse of what it is in this respect;
and that it had explicitly informed me, that the delivery of this
ice into the Havana ice-house, was what the writer had reference
to when he spoke of " materials for a temporary ice-house, not
knowing the course you may determine upon." Suppose, that,
— instead of leaving me to understand that it was the building
of a new house ior future operations, which was to depend upon
the course I might determine upon, — he had expressly said,
that the delivery of this particular supply of ice should be made
to depend upon my course. Make this supposition, and the
question arises : what does Mr. Tudor mean by " the course you
may determine upon ? " My course, in reference to ivhat ?
Why, my course in reference to the offer just made by Mr.
Tudor in this very letter. My course, in accepting or declining
that offer. And what is that offer ? "I have now to conclude
with offering you what I offered in Boston, upon which terms, I
will bury the hatchet." Farther on, he proposes that, in order
to come to a fufl and perfect understanding and reconciliation, I
should " come home, putting in your place any one you may
prefer." This, then, was what he must have had reference to
in speaking of my course. If I should accept this offer, then he
would forthwith " bury the hatchet; " all idea of further hostflity
or contention would be given up by him ; and the materials in
tended for the new house, should be applied to the repair and
improvement of the existing one.
18

138
Adimtting, therefore, — what I altogether deny, — that I was
to understand from Mr. Tudor's letter, that any condition what
ever was to be attached to the delivery of this supply of ice ; the
condition could be no other than the one just ascertained, to
wit : that I should hold the post of ice-house keeper at the com
pensation offered me in Boston ; and that, in the event oi my
accepting his invitation to repair thither, I should put in my
place, as ice-house keeper, a person of my oivn choice.
Arrival of Bacon. — And now, for the course pursued by IMr.
Tudor. The day of the arrival of the Criterion, I could obtain
no intelligence respecting her cargo, except that she brought ice;
and that the custom-house officer had understood, from what
had passed between the Captain and Supercargo on the subject,
that this ice had been sent ont, not for the ice-house, but "on
specuhrlion." This " Supercargo," when he saw fit to disclose his true char
acter, turned out to be Mr. Bacon, the new agent, whom Mr.
Tudor had charged wilh " the outflnes of a settlement " with me.
His first step was, to take up his quarters in the ice-house with
Mr. Davenport ; which lodgment being effected, he opened his
mission by summoning me forthwith to surrender at discretion
and evacuate the premises.
My reply to this summons was, that if he would pay my com
pensation for the whole period during ivhich I had been unlawful
ly deprived of the possession and management of the establish
ment; pay me my share of the profits ivhich had been pocketed
by Mr. Tudor ; refund the money which I had paid for my one
fifth share ; and pay me one fifth of the cost of the building in
ivliich we then stood ; (which, contrary to agreement, had been
built ill part at my expense,) Twould deliver possession of the
property; but on no other terms, (x)
(x) Even Mr. Tudor, difficult as he is to be " convinced against his will," could
not well have failed to be long since convinced, that the course pursued by me
could not possibly have been the result of calcidation ; and must have been caused
by a rooted conviction of right, and an inflexible determination not to have my
rights despotically wrested from me. So far as mere money was in question, all
that I had been required to submit to was, the reduction of my compensation from
ten to five per cent. The alternative presented to me had been, the loss of ail;
unless I should be able to establish what I deemed to be my rights, in a legal con
troversy, which my antagonist would be sure to spin out to the end of time if
possible ; and neither the cost nor the duration of which, any human being could
foretell. In deliberately electing this alternative, therefore, I had deliberately
staked my all, — whatever I was worth in the world, and the remnant of my life,
— against the legal chance of establishing my right to this yiue per cent. This
could not possibly have been the result of calculation; and Mr. Tudor must have
become perfectly aware of it, if,_ during the past two years, he had been capable of
a single lucid interval when thinking of me. And yet, we here see him despatch
ing to me such a missionary as Mr. Bacon, with a cargo of such demands as he
was freighted with !

139
His answer was, that I should not receive anything; that I ha»
forfeited JHY interest, and should never so much as see the
accounts for the period during which I had been out of possession.
His next step was to inform me, (I quote from a letter written
to my friend in Boston, on the 8th of 'the same month,) " that he
has positive orders from Mr. Tudor not to have the ice put into
this house unless I will let him appoint a man to sefl it."
Such was Mr. Tudor's mode of sending, " immediately, a smafl
supply)" to save my mortgaged property ! I " offered to pay the
freight and current expenses of this cargo, and then remit Mr.
Tudor's portion to him ; more than this, I cannot do without
giving up my rights." So I wrote to my friend; and those
rights, I was determined not to surrender, cost what it might. I
supposed that a proposal so equitable, as this would have
been, under any circumstances, and so liberal, considering those
in which we stood, — could scarcely fail to be accepted, if the
new minister plenipotentiary should have any discretionary
powers behind his " positive orders." At first, however, it seem
ed that he really was not clothed with any discretion ; for, some
days after my proposal had been made, I wrote, " I had thought
they might relent, and we come to terms ; but Bacon says that
nothing short of its being sold by a person over whom I have
no control, until Mr. Tudor shall be made acquainted with it,
will induce him to put it in here. If he does not put it in here,
he is to build a new house, and hold me responsible for dam
ages, &c."
After all, however, it turned out that there were some " secret
instructions" behind the " positive orders ; " for, finding me in
flexible, Mr. Bacon at length gave way; and, by so doing, gave
proof that his " positive orders " went no further than to require
him to pretend, to be positively instructed not to allow any use
to be made of the ice, unless I should surrender all that the sen
tence resulting from our two years' struggle had awarded me.
In regard to those "materials for a temporary house," which,
agreeably to Mr. Tudor's letter, were to accoiTipany the ice, his
diplomacy proved no less hollow. Whilst Mr. Bacon was at
tempting to intimidate me into a surrender, he asserted that he
had brought the materials for a new house. But I heard noth
ing of them afterwards ; nor, — so far as I could learn, — did
any such come, either then or subsequently. Unless, indeed, the
" temporary house " was to be built after some newly-invented
plan, and to consist altogether of shavings, of which material an
abundant collection accompanied the "small supply of ice"
brought by the Criterion. Under dale Febraary 11th, 1837, I
wrote to my friend :

140
" We have this day come to terms, so that the ice is to be
landed in this house, and I am to be the seller of it Bacon has
the privilege of appointing a man to stay in the house and see as
much as he likes of the sales, but has no hand or voice in mak
ing them ; he is to receive Tudor's part of the money every Sat
urday, and remit it or do what he tikes with it. It is also agreed
that we immediately come to an arrangement, appointing arbi
trators to setfle the differences between Mr. Tudor and myself.
This wifl probably lead to a dissolution, but first to an adjust
ment and settlement of accounts.
" If this cannot be done before more ice is wanted, I suppose
Mr. Tudor wifl send it ; if he does not, we shall be in the same
predicament we have been in for some days past ; only we may
not have a cargo in the harbor. If it should be the case that he
refuse to send ice for the house, I wish you would send it with
out delay."
Provisional Agreement with Bacon. The agreement above
referred to, was a written one, which will be found in the Ap
pendix, (C.) After stipulating, as is above stated, in regard to
other points, it runs thus : " I, Marcus D. Bacon, am to receive
the four fifths of the proceeds which appertain to said Tudor, in
order to remit them to him ; said payment to be made every
Saturday, and the accounts lo be open to me for examination
whenever I see fit. This agreement to be deemed a purely
provisional one ; and it being understood, that it is not to affect,
in any way, the sentence of the Audiencia, or anything deter
mined thereby."
From this result of Mr. Tudor's stratagem, it wifl be perceived
that the advantage gained by him, by availing himself of the pe
culiarity of my position as his surety, although it fell far short of
that which he had promised himself, was still considerable.
During the two years that I had been kept out of possession, he
had been quietly pocketing my money, whflst I was losing all
my time in dancing attendance upon courts, and incurring great
expense and trouble, besides being subjected to every petty legal
and illegal annoyance, and personal vexation, which his repre
sentative's ingenuity could contrive. But now, that the posses
sion had been restored to me, and Mr. Tudor's course had been
finally adjudged to have been utterly illegal, by the highest court
of appeal, — just as it had been by the first tribunal before
which the case had been brought, — now, when it had been ju-
diciafly decided, that the money so pocketed by Mr. Tudor had
been taken from me contrary to both equity and law ; now, when
I bad been restored to the position which would enable me right
fully to retain, from the present income of the establishment, the

141
money which I ought to have been receiving, in peace and quiet,
for two years past ; I was precluded from exercising this right, by
the concession extorted from me with the knife at my throat. The
expression is a strong one ; but it has suggested itself, and I wifl
hazard it ; leaving to the reader to judge whether its metaphori
cal use is not fully justified by the nature of the course pursued
towards me. Pointing to the circumstances under which that
course was planned and adopted, I will leave it to him to say,
also, whether the picture might not with strictest justice be made
stronger stifl; and whether my case, at this juncture, might not
be likened to that of one who has the knife at his throat, at the
dead hour of the night, from the hand of a man whom he has
taken under his roof to save him from the icy tempest.
Although thus extorted, the agreement, once entered into, was
my act ; and the thought of swerving from it never crossed my
mind. In fulfilment of the obhgation contracted by me, the ac
counts were adjusted and stated every Saturday evening, and
tender made to Mr. Bacon of the four fifths of the proceeds
which appertain to said Tudor." With the money, I tendered
him a receipt This he refused to sign, objecting to its form,
and proposing one whereby the money would appear to have
been received by him, for Mr. Tudor, only on account, without en
tering into particulars. As this receipt was made the ground of
legal contention, and also the pretext for the calumny, that I
had availed myself of this device to retain the money in vio
lation of our agreement, I will here give it at length :
" As attorney of Mr. Frederic Tudor, under a general power
from him, I have received of Mr. John W. Damon, manager of
the ice-house of this city, the sum of  , which appertains to
my constituent as his four fifths of the proceeds of sales from
the  day of  to the present date, .both inclusive ;
which payment he makes to me according to the agreement en
tered into on the 11th day of February, of the present year, now
in our hands respectively."
This is the receipt, word for word. The reader can now
judge whether its terms are not in perfect and literal accordance
with the agreement referred to ; or whether, at the time of pre
senting it, I could anticipate a refusal to receive the money,
grounded upon objections to its tenor. Two objections only
were specified ; and these were both of so perfectly frivolous a
character as to aflbrd just ground for suspecting that some trap,
some further piece of diplomacy, lay at the bottom of Mr. B.'s
desire lo substitute a less definite form of receipt. One of the
two obnoxious features, pointed out by him, consisted in my
being styled " manager of the ice-house." But was I not so, in

142
fact ? And had I not been adjudged to be rightfully so, in law,
by that sentence which had been referred to in our agreement,
for the express purpose of stipulating that its force should not be
in any way affected thereby ? And, supposing the use of this
designation not to be warranted by the tenor of our agreement ;
what effect could possibly result from its application to me, when
connected, — as it here is, — with an express reference to that
agreement, as the thing whereby the true meaning and force of
the entire receipt were to be determined? The other objection, —
upon which most stress was laid, — was, that it recognized me
as part owner of the estabflshment ; which, Bacon said, he de
nied me to be. But the receipt contains no mention of such
ownership ; and if this was to be considered as implied in the
words, "which appertains to ray constituent as his four fifths of
the proceeds of sales," then, our written agreement, which had
been signed by Bacon, contained the same implication ; these
words having been copied therefrom.
If ever a writing of any kind was drawn up in perfect good
faith, this was the case here. And yet, it was made the pretext
for adding a new calumny to the old, soddened mass, which re
quired something fresh by way of leaven to its staleness, and
for new litigation from the peace-loving gentleman who had just
written to reproach me with " harassing with law suits," one
who had always " acted towards me as a brother." It is true,
that his letter was an incoherent rhapsody of threats as well as
peace, a salmagundi of daggers and olive twigs ; but, one part
of it did reproach me with law-suit harassment And yet, the
ink of this missive has barely had time to dry, when his new
agent, armed with a " General Power of Attorney," and acting
under "positive orders," makes my receipt the pretext for sum
moning me before the Consulado, on the charge of ill-faith in the
breach of my engagement to pay him the money !
The turn which this new case took was, a submission of the
matter to arbitration. The referees were, on ihe part of Mr.
Bacon, Mr. John Morland, of the house of Luis Martinez & Co.,
and on ray part, Don Alejandro Morales, the head of the house
of Alejandro Morales & Co., particularly well known abroad
through its foreign partners, Rlr. Francis Plorn, of Hamburg, and
Mr. Tolme, the British Consul. Mr. Morland proposed that they
should decide that I must pay the money forthwith, and then in
stitute suit. This extraordinary proposal, to compel me lo pay
money and leave me to institute suit to compel the payee to give
me a receipt, was viewed in its proper light by the other arbitra
tor. Finding tiiey could not agree, they appointed {y) Don
(y) Since the above was written, I have been reminded that the appointment

143
Joaquin Gomez as umpire. He decided in favor of the form of
receipt proposed by me, (which by the way, had been approved
by Tudor's own lawyer.) But, notwithstanding this decision, to
which he had solemnly bound himself to conform. Bacon per
sisted in refusing to sign ; and this position was maintained by
him untfl his death, from yeflow fever, in the month of July fol
lowing: the money having been punctually tendered to him
every Saturday, untfl he became fll, and I deemed it proper not
to annoy him.
Differences referred to Arbitration. Agreeably to the
stipulation to that effect, in our provisional agreement, Mr. Bacon,
after divers delays on his part, agreed to the terms of an Arbi-
ti-ation Covenant, which w^as executed by us in Court, on the
11th of Aprfl, 1837. With a saving on my part, of the sentence
of the Audiencia, adjudging me the possession of the property
and its management ; and with a protest on the part of Bacon,
that I was not to be considered in the light of Mr. Tudor's part
ner, inasmuch as the bfll of sale of January 29, 1824, did not
estabflsh that relation between us ; [z) the Arbitrators were em-
was made by the Court ; the arbitrators not having been able to agree upon this
point neither. Delay, contention and confusion were still the word.
(z) To comprehend the virtue of this pertinacious denial of a fact, which was
not only clear and undeniable in itself, but had been, over and over again, expressly
admitted in Mr. Tudor's letters, &c., itis necessary to advert to the bearing it has up
on the sentence of the Supreme Court. Although it had been clearly and positively
agreed, between Bacon and myself, that this sentence should remain undisturbed;
and although this, — being made by me a sine qua non, — constituted the very basis
of every other part of our agreement ; yet, the attempts were incessant, on the part
of j\Ir. Tudor's representatives, to get round it, " by hook or by crook," and virtually
to set it aside.
We here see a specimen of them. Although the sentence is saved by me in this
arbitration accord, (as it has previously been in the provisional agreement, with
out any qualification from B.) yet here he contrives to slip in (among his reasons
for entering into the accord) a denial, that the bill of sale, — which was to go with
the other documents before the arbitrators, — had established the relation of part
ner between Mr. Tudor and myself
And what was this motive for this pertinacious ill faith ? Why, the object in
view was, that the arbitrators might, if possible, be perplexed by a quibble which
had nothing to do with the substantial merits of the case, and the ground for which,
was afforded by a mere question of /onra. Once admit that I was a partner, and
there was an end to the matter ; not even so much was left as " a loop to hang a
doubt upon ; " for the law wa» express, that I could not, — in any way, nor upon
any ground whatever, — be deprived of the management, except by a rescission
of the partnership, effected in the mode which it prescribed. The only chance,
then, was, by denying that I was a partner ; and this denial was made to rest upon
the form given by Mr. Tudor to the document written by him for the purpose of
establishing the partnership between us. It was contended, that this did not
correspond with those presoribed by law, and that certain formalities had been
omitted. And thus did Mr. Tudor attempt to punish, for said Mr. Tudor's own benefit,
the ¦' poor miserable carpenter " of Boston, for the confidence reposed by him in
said Mr. Tudor I Thus did this educated gentleman attempt to avail himself of

144
powered to settle every point of difference between us, to the
extent even of determining whether the connection between Mr.
Tudor and myself should cease, and upon what terms. Mr.
Bacon named as his Arbitrator and Alternate, Don Francis
Goyri, and Don Juan de AUes ; and I named Don Alejandro
Morales and Don Joaquin de la Puente. In case of difference,
they were to appoint an umpire ; (and if they could not agree
upon one, he was to be appointed by the Court) They were
allowed, from the time when the documents should be laid be
fore them, the term of sixty days to come to a decision ; and the
umpire, the term of twenty days.
My hope of a prompt setflement, and the manner in which
my just expectation, in this respect, was disappointed, are suffi
ciently explained by a few extracts from my letters of that period.
It has already been seen, that on the 11th of February, the
very day on which our Provisional Agreement was entered into,
I had wrhten to my Boston correspondent : " It is also agreed,
that we immediately come to an arrangement, appointing arbi
trators to settle the differences between Mr. Tudor and myself.
This wfll probably lead to a dissolution, but first to an adjust
ment and settlement of accounts. If this cannot be done before
more ice is wanted, I suppose Mr. Tudor will send it," &c.
From this, it is seen, that I then flattered myself with the
prospect of a very early termination of the whole subject Mr.
Bacon, however, proved less expeditious than I had hoped, and
two months passed over, before he could be brought to agree upon
the terms of the reference. This preflminary being finafly setfled
on the 11th of April, another month passed over, when, on the
10th of May, the Arbitrator and Alternate named by Bacon, made
known their refusal to act He then named Mr. John Morland,
who accepted.
On the 21st of May, the letter which I regularly wrote to Mr.
Tudor every ten days, transmitting a copy of the Journal, and
giving him all details respecting the establishment, closed as
follows :
" Bacon says our affairs ivill soon be settled, when I shall have
nothing more to do with the business ; therefore I will not trouble
you any more with complaints [respecting the conduct of his
two representatives, Davenport and Bacon, in annoying me in
every way they could think of, even to the extent of presenting
every possible hinderance to the progress of the ordinary and
his own act; in having, — through ignorance or design, — omitted certain formali
ties prescribed by Spanish law, to persons who wish to eAahVish partnerships !
For letters of Mr. Tudor, wherein he had, in terms, recognized me as his "part
ner," See Appendix (E.)

145
daily operations of the establishment] either for repairs of the
house or my own convenience. I have put up with them for
two years past I wfll bear with them a week or two longer."
In my letter to Mr. Tudor, of July 1, I say :
"I wrote you in May, that I should make no more complaints
against Bacon, because he said our affairs would soon be setfled.
How soon they wfll be setfled, I will not venture to predict ; but
in the manner they are going on, I should think not immediately ;
for since the arbitrators have been named, a great deal of time
has been spent ; and now, that Bacon has got his third arbitra
tor, (Morland) he- is putting in escritos asking for conferences,
when I expected the arbitrators would have proceeded to busi
ness at once. That is not the case. It is current throughout the
city, that when Bacon gets through with this settlement, he is to
throw open the ice-trade to any one who may incline to take
hold of it How far this giving out of such intentions may be
to your interest, I shall not pretend to conjecture."
My letter of July 11th closes with :
" Of the arbitration, I presume you are fufly informed by Mr.
Bacon ; for myself, I cannot see as it has progressed any since
my last."
Bacon's Last Proposal. In a letter to my Boston friend, under
date July 12, after giving him an account of some of Bacon's
doings, I say,
" Previous to this start for the money, Bacon told me he would
settle our dispute in a peaceable manner, provided I would con
sent to pay, as an indemnity for expenses, &c. &c., made by
Tudor, the sum of six thousand dollars, and give up all preten
sion to any right in the profits of the house, from the time I left
here to go to the north, (October, 1834) until I took possession, in
November last, (1836). He would then consent that the business
should go on as it was going on before any difficulties happened
between us. This proposition I rejected at once."
This proposal, be it noted, comes some months after the exe
cution of a solemn and conclusive accord and covenant, in open
court, submitting all differences to arbitrators, fully empowered
to effect a complete, perfect and final settlement between Mr.
Tudor and myself. They were limited to the term of sixty days
after the documents should be presented to them ; but, instead of
aflowing these documents to be laid before them, so that they
might proceed to business, Mr. Bacon was constanfly finding
some pretext for dilatory proceedings. And meanwhile, I am
entertained with propositions, oi which the above is a sample, to
dispense with the arbitration.
Note, too, what this proposal amounts to ; I am to be restor-
19

146
ed (a) to the position which I had ever maintained to be my right
ful one, provided I would pay Mr. Tudor $6000, and release
him from the obligation to account for that money of mine which
he had been pocketing for two years ! Had I been in the mood
to put myself to the trouble, I might perhaps have found out, that
in this instance also, Mr. Bacon had in reserve some " secret in
structions," to the effect, that Mr. Tudor would be generous
enough to waive the $6000 demand and content himself with
the second branch of this proviso.
This was about the last of Mr. B.'s communications to me ;
for he died of the black vomit on the 26th July, 1837, leaving the
arbitration in the state of abeyance in which it had been kept
since the 11th of February, when we had mutually engaged to
settle all differences in this way.
Mr. Tudor's Determination to renew Litigation. It has
been stated, that, besides the letter from Col. Hobbs, enclosing
one to him from Mr. Tudor, the Criterion brought me a letter
from Mr. Tudor directly. It is as follows : {b)
Jan. 11, 1837. " Mr. John W. Damon : Since my last, I have
received your favor of the 17th uito., which affords me some re
lief in regard to the danger of a failure of the supply before the
Criterion can get out there.
" I think the tone and spirit of your letter are better, — my hope
is, that you may at length become reasonable. I do not wish
for any advantages over you, nor for anything beyond a liberal
justice, which the offer I made you held out
" For your acts in Havana, I do not feel inexorable ; you only
have to pay all the damage, and that wifl be all settled. The
fifth interest, you have lost, by denying the conditions of the bill
of sale. I wfll restore it when you return to gratitude and to the
complete fulfilment of the conditions.
" You ask me if Mr. Davenport is authorized to begin new
law suits. He is expressly instructed to do so. Mr. Bacon comes
on the same errand ; and with ample powers to attack you, in all
possible just and lawful ways, until he shall have obtained for
me possession, entire possession, of my property.
(a) Or rather, having been restored to it by the Juridical power of the State, I am
to be left in peace and to enjoy an exemption from further harassment, provided
I will purchase it on these terms, and thus pay Mr. Tudor $15,000 or $20,000, for
his condescension in acquiescing in the final decision of the highest tribunal of
the country ! I say the final decision, because he had allowed the time to expire,
during which he might have taken an appeal to Madrid.
(b) Mr. Tudor's letters to me were generally sent in duplicate, and sometimes in
tripUcate. Of this one, however, but a single copy came ; and as that copy has
become attached to some of the records, I am under the necessity here, of giving,
instead of the original English, a re-translation from a Spanish version of it, where
of I happen to have a copy.

147
" Lawsuits have no end, with those who have courage and a
fixed determination to carry them on. Your suits, thus far, have
been with Mr. Davenport; and now they have begun with me.
I have no remedy, but to demand justice, and to go on demand
ing until I obtain it.
" Meanwhfle, I have but tittle doubt but a company wifl be
formed, of people of this place, to engage in the business when
file Privilege expires ; ivhich ivill ruin all." (c)
This, be it borne in mind, is the letter accompanying the " small
supply of ice," and accompanying Mr. Bacon and his "positive
orders." Let the tenor of this letter, and the terms which Mr. B.
was charged to offer, be compared with the tenor of Mr. Tudor's
last preceding letter, of the 21st December, and the proposal
therein contained. Put upon this proposal, the construction least
favorable to me, (a construction which has been shown to be in
admissible) and yet see the difference ! And had anything in
tervened, to account for this change ? Just the reverse ; the only
occurrence mentioned by Mr. Tudor is, the receipt of my letter
of December 17th, of which he here says, " I think the tone and
spirit of your letter are better, — my hope is, that you may at
length become reasonable."
But this letter of mine contained, perhaps, some indications
of contrition for the misconduct which he acknowledges his gra
cious disposition to pardon ? The reader shall judge for himself.
With the exception of some long details respecting the mea
surement of the stock of ice then on hand, concluding with
" consequently, with the same waste and consumption, we have
ice for near forty days more," the entire letter is as follows :
Dec. 17. " I met Mr. K  in the street yesterday, and he
told me (whether in jest or not, I cannot say) there was a com
pany forming to set up an opposition in the ice business. If this
be true, a failure of supply would be much against the present
establishment and gi-eatly in favor of the opposition.
" I wish very much to know from you whether Davenport is
now acting advisedly or discretionally ; for he appears deter
mined to continue the suit, or rather to prolong the contention,
(c) "Ruin all!" Most consistent of all consistent gentlemen I! Euin aU, will
it ? And by whom is this opinion expressed, — or rather,betraycd,in the earnestness
and warmth of the moment ? Why, by Mr. Frederic Tudor ; the same gentleman
who, at sundry times both before and after, on every occasion that offered, affected
to attach Uttle or no value to the Privilege ; the very identical gentleman whose
special envoy, Mr. Bacon, o. day or two after the receipt of this letter, (between
the 4th and the Sth of February,) whilst endeavoring to fulfil his " positive orders "
to terrify me, informed me that Mr. Tudor had it in contemplation to surrender our
Privilege and have it declared nuU, so that the trade should be thrown open ; and
also proposed either to buy my share " in the present house," or to sell me Mr. Tu
dor's share, but, in either case, " on condition that the trade be made free 1 " Profound
diplomatists ! !

148
although it has been decided by the Superior Court of the island.
Since I have had charge of the house, he has made two attempts
on the money-drawer, in order to take possession of it ; and I was
obliged to resist him with considerable spirit or he would have
taken it. He has tried to avafl himself of the funds of the house
with all his might, and has even made out an account and col
lected money (from the Lonja)forice sold by mc since I have had
charge of the house. The cigar-business is still carried on in
the ice-house, to the great detriment of the ice-business, although
I have protested to him against it This cigar-business has
caused several disputes between us ; for it occupies room wanted
for the conducting of the ice-business ; and his cigar folks keep
the doors open for their own pleasure, to look at vessels going
in and out of the harbor, when I have the hatches open, hoisting
" Some days since, Davenport made application to the Con
sulado to cafl a conference ; and to-day we met, in which^ D.'s
lawyer stated many things, but nothing was done definitively.
Davenport, however, stated that the shavings (d) which I have
been procuring and have put on the ice were altogether useless,
and if anything an injury, as the hatches had to be open to put
them into the vault You wifl recollect that the hatches are
double ; the upper one is large and heavy to handle, the lower
one is in pieces and easy to put ofl' and on, and was actually
put off and on at the reception of each and every basket of
shavings. " Davenport will not, as yet, let me see his account of sales and
disbursements for these two years past It is a fact that he has
not paid for the services of a negro from the 1st of April to the
10th of October, 1835, cd the rate of $20 per month. Ihave rea
son to think that this negro's service was charged to the house at
the time, (dd) I also have reason to think that if I had his account,
(d) See note (oo.)
(dd) This incident afforded in the sequel a very perfect specimen of Mr. Tudor's
notions of justice, in matters of business between man and man. The request
here made by me, in regard to Davenport's account of disbursements, for the period
during which my money had been pocketed by Mr. Tudor, was repeated several
times; but this gentleman saw fit not to bestow the slightest notice upon it. We
have seen that his " fixed determination," at this period, was, that I should " never
so much as see D.'s accounts , " and it was not until nine months afterwards, that
the determination became loosened, and the weather-cock veered about as was re
quired by the way the wind then set.
Meanwhile, a final adjustment and settlement of accounts had taken place be
tween them ; wherein D.'s charge for the wages which I had given notice to Tudor
that D. had not paid, was admitted.
The negro for whose services these wages were due, was a servant of mine, who
had been trained by me to the business of the ice-house, which he understood as
well as any one could, and who had been hired by me to Davenport, to assist in
the ice-business. He had been hired to D. as the ice-house keeper for the time being;

149
I could find many smafl things he has charged to the house, but
never paid."
or in other words, to the ice-liouse, and not to D. personally. The debt for his wages
was a debt from the ice-liouse; and its being due to me was no reason why it should
not be paid as well as any other debt of the establishment which was left to be
paid by me. It was paia ; and, besides charging it in my account rendered to Mr.
Tudor, 1 expressly advised him of the fact, that it had not been paid by D
Well, ten months elapse after I had notified this fact to him, and had requested
to be enabled to ascertain from Mr. D.'s account of disbursements, what payments
he bad charged as having been made fox the ice-house ; and at the end of this inter
val, on the 4th November, 1S37, Mr. Tudor writes me the following letter ¦
" In your account rendered at the close of the year 1836, you make a charge as
follows: 'to cash paid Davenport's assistant from the 1st April, to the 10th Octo
ber, 1835, at S20 per month, «126, 5 1-2.'— In Mr. Davenport's accounts, rendered
during the time for which you make this charge, the pay of assistant at the ice-
hou.se is regulariy included; and he states to me that aU accounts between you and
him are finally closed. As the accounts now stand I have paid it twice. Will you
give me such explanarion and evidence, as shaU enable me to demand the amount
from Mr. D., which I certainly shall do, if he did not pay his assistant as charged in
his accounts ?
" Very possibly it may be an error in your account; and it should be observed,
the charge ought to be against him and not against the ice-house; as at the time, he
had direct cognizance of such matters, and not I. If Davenport is in error, I think
it should be your loss, and not mine ; you leased the assistant to him and looked to
him for pay."
Behold I then, Frederic Tudor, Esquire : painted by himself, " as large as Ufe and
twice as natural." "It should be j/OMr loss and not mine!" And the reason too:
"he, (my representative, Mr. Davenport) and not I, had direct cognizance of such
matters ! " " You looked to liim for pay ! I " And so I had, — looked to him, as Mr.
F. Tudor's representative, — but he would not pay me ; the game, at that time of
day, having been, to starve me out; and Mr. D. having been nothing loth to play his
hand in it to the best of his abiUty. And so, he looidd not pay, and left me the
choice either to wait " until the ides of March," (as they both flattered themselves)
or bring suit against the ice-house for S126 66%-100.
Such is Mr. Tudor's own impress of his own self! And note, too, how perfect
an impression itis, even to the minutest details ; for self, — his real own self, — is
to be seen everywhere. He says, ""I have paid it twice." Now, who, in truth, had
paid it twice? Was it "I?" Was it Mr. Tudor alone? No: it was Me ice-house.
So that, at best for Mr. Damon, he was the loser of one fifth of the sum. The al
lowance of this charge, on the settlement of Mr. Davenport's accounts, had been
just so much money of Damon's thrown away; lost, through Mr. Tudor's imperial
"fixed determination" to treat with contempt everything coming from Damon.
And yet, according to the dictates of Mr. Tudor's special " silent monitor within,"
Damon ought not to content himself with this loss of a fifth of the amount, already
thrown upon him by the act of Mr. Tudor ; but he ought, in addition to the fifth, to
lose the whole sum, by waiving his claim for it upon the ice-house, which had re
ceived the service ; and this, for the plain reason, that " at the time " it had not
been Mr. Tudor in person, but Mr. Tudor by his attorney and representative, (em
ployed by him wrongfully and unlawfully to keep J. W. Damon out of possession
of the establishment,) who had " direct cognizance of such matters ! "
It may be observed, that Mr. Davenport told the truth when he informed Mr.
Tudor, " that all accounts between you (Mr. Damon) and him (Mr. Davenport, per
sonally) are finally closed." Besides the ice-house assistant, above mentioned, Mr.
Davenport had hired of me, on his individual account, a clerk and three workmen,
whom he employed in his cigar-factory. True to the policy of the time, — which
was to deprive me, as far as possible, of all resources for carrying on my suit against
Mr. Tudor, — Mr. D., when these wages had run up to the sum of $323, refused
payment. I was, at the time, not only harassed, but straitened, and even more
averse than usual to engage in another law suit ; and I took every possible step to
avoid the necessity. But it was only a waste of time ; and the suit had to be brought

150
To the duplicate of this letter, was added the following Post
script :
" I wrote you, in my letter of the 29th uito., that the despatch-
tub was broken or rotten, so that the water run out on the floor,
&c. ; and that the hoisting-tubs wanted repairing. I have asked
Davenport to move his cigars, so that I might have room for a
bench to work upon to make these necessary repairs, and he re
fused. Our dispute became so warm, — and he cafled to his as
sistance his clerks and an old man by the name of Atkins, (who
lives with Davenport,) — that it was necessary to call upon the
Comisario to quiet the dispute. But the cause still exists : that
is, I am not able to set up the bench, nor to make the repairs,
unless I do it by main force, in which case something serious
may happen ; and this, I believe, is what Davenport has been
seeking for some time, so that he may commence a criminal ac
tion. In the dispute above mentioned, one of Davenport's clerks
dared me to strike him ; for, said he, I will thep prosecute for
assault and battery. This was a declaration on their part, of
that which I have suspected them of for some time past."
This is the entire letter, from which the reader will see, that
Mr. Tudor was no less fitful and gratuitous in his praises than in
other things. From his commendation of its " better tone and
spirit," and the hope which it had inspired, that I would " at
length become reasonable," any reader of his reply would take
for granted that I had made some important concession. Instead
of lhis, ray letter does not contain a single word upon the diffi
culties between us, and is limited to giving a specimen of the
conduct of his representative, and of the way in which he was
abusing the permission to reside in the house, and see into my
doings, provisionally granted to him by the Court, through deli
cacy for the interests of Mr. Tudor, and as a security against
his being defrauded by me, as he had alleged he feared to be.
Mr. Tudor's letter of January 11th, 1837, was the last he wrote
to me until the Sth of July, of the same year. During this in
terval I continued to write every ten days, (and sometimes be
tween whiles) as I had originafly engaged to do, giving him an
account of the sales, with every other detafl respecting the busi
ness and the condition of the estabflshment But my letters re
mained without reply or acknowledgment, or notice of any
kind, direct or indirect.
at last. The result is communicated in a letter to a friend, under date April 1, 1837 :
" To-day I finished my suit with Mr. Davenport, on account of the wages. The

paying an honest debt at first, of $323.61;^,

ses
pay is about $1200, in lieu of

151
In my tiri-monthly letter of February 11, parts of which have
already been quoted, I reply to the points presented by his two,
of December 21, and January 11 :
" In my letter of the 1st inst, I said that I had yours of the
21 December, and would write you upon it in a few days.
Almost immediately upon that, the Criterion arrived with yours
of the 1 1 January. Mr. Bacon commenced with demands upon
me, which I could not accede to. These, with the care of the
house, have prevented me from complying sooner.
" I am sorry you express yourself in the manner you do, in
your letter of 21 December ; for I do not conceive that I have
violated any of my agreements with you ; but to the contrary,
you seized upon the ice-house, and declared that I had no right
nor tide to any part of it, and that my presence in it was ' intru
sion.' Was such treatment kind or just ? "
With reference to his reproach, that my fortune was due
to his generosity, and that now I was " willing to attempt to
ruin and desti-oy my [his] business," I content myself with
saying :
" When I first left Boston for Martinique, [in his employ,] I
stood on the same footing with many of my contemporaries in
the carpenter's business ; some of whom have become wealthy,
some remain poor, and others have gone to their long home.
Had I remained in Boston, and practised the same industry and
economy that I have in the West Indies, I doubt not but I
should have been much better off than at present ; at any rate,
I should have been near to my aged parents, amidst my early
friends, and free from the attacks threatened me in law suits. My
diligence is as great, and my inclination as strong to render any
service for the benefit of the ice business now, as in 1824; but
there are those living in the house who oppose."
With respect to the course of his agents, and the threats of
fresh attacks, I say :
" I had thought Davenport was acting discretionally ; for at
one time I told him," &c., &c., &c. ; " and he said, he was respon
sible. But, from your letter of the 11th of January, by Mr. Ba
con, I perceive he acted by your order and instructions ; and that
B. comes in the same manner." — " If Mr. Bacon commences
any suit against me in your name, I shall defend myself as well
as I can : stifl having a regard to the interest of the concern, as
much as I can consistently with a proper defence."
In regard to the remaining point, I say :
" Mr. Hobbs wrote me by the Criterion, from whom I learn,
as well as from Mr. Bacon, that you suppose I hold personal
enmity and hatred towards you. This is far from being true :

152
I do not hold personal enmity against any one ; I have only con
tended for my own property, but I have been insufled most
gi-ossly by Davenport I have been called by him all the oppro
brious names the English language is capable of furnishing ; he
has, after I was in bed and asleep, opened the windows of the
part of the house where I slept, and left them open afl night. I
remonstrated against such conduct, but it had no effect ; he was
very careful to have the part of the house where he slept shut up
from the night air.
" Mr. Bacon has taken lodgings in the ice-house, and messes
with Davenport ; and in fact joins with him to prevent the oper
ations of the house going on as they ought ; for, without quar-
refling, I cannot do anything towards making the repairs ; even
the repairs of the hoisting-tubs he wifl not allow to be done here,
as he says it makes a noise and disturbs D., who is SQmewhat
indisposed. I insisted on having the repairs made ; and B., one
morning whilst I was out, took afl the tubs and the materials I
had provided, and put them out of the house, and called in a
Comisario to prevent my having them brought in again. Thus
you see how things go on here, by those who have no regard
for the interest of the establishment, and the half has not been
told ; yet, it appears, they are acting under your particular or
ders and instructions.
" I cannot think of leaving here while such things are going
on." This being in answer to his invitation to come to Boston, and
setfle all difficulties. If his agents conducted themselves in such
a manner, whilst I was myself on the spot, to maintain the pos
session which had been restored to me by the officers of the
Government, in pursuance of the decision of the highest Court
of Appeal, — how would they behave, if I should absent myself
from the country? What reason had I for supposing, that they
would not seize any opportunity, or avafl themselves of any
means, that might offer during my absence, or in consequence
of any casualty to me, to place me or my heirs in the same pre
dicament I had found myself in on my return from Boston, in
March, 1835? Let the reader judge.
In my letter to Mr. Tudor of April 11th, I inform him of the
final accord in court, settling the terms of the su'braission of all
our differences to arbitration, and naming the arbitrators ; as
Bacon and myself had covenanted to do, two months before.
I inform him also, that, in violation of this covenant. Bacon
had availed himself of the conference called for the above pur
pose, to attempt to make, in the name of the grantee, (Tudor,) a
relinquishment of the Privilege, (now owned by Tudor and my-

153
self jointly,) and to have the contract with the Government de
clared null : " Whether by your order or not, I cannot say ; but
Mr. B. urged very strongly in this conference, to have the con
tact with Ihe Government, for supplying the city with ice, an
nulled, and the trade in ice made free."
The pretext for availing themselves of this occasion to make
such a move was, that we could not agree upon the terms of a
submission to arbitration. The Court, however, would not re
cognize the right of Mr. Tudor alone to surrender the Privilege,
after having sold an interest therein. My consent was required ;
and that consent, I refused to give. Finding themselves baffled
in this, and their stock of definite pretexts for delay in entering
into the arbitration accord being exhausted, they made a virtue
of necessiiy, and this point was finally disposed of. Writing on
the same day to a friend in Boston, I tell him: "Whfle we were
in Court, Bacon urged hard to break up the contract with the
Government ; to which I would not consent, until we should
settle our affairs ; and then, I suppose, I shall have nothing to
do with it ; so they can do as they please."
In my letter of April 21, I say to Mr. Tudor:
" There have been two or three vessels from Boston, within a
few days, and one of them brings dates as late as the 3d inst;
but by neither of them have I any letters from you, nor have I
anything from you, later than the 11th January. I am ignorant
whether you have any ice on the way for me, or when you are
to send any; it will certainly be necessary to have some in all
next month, (as I have heretofore written to you,) to keep up the
supply. " I wrote you some months since, that repairs were wanting
on the house ; none of which have been done yet, and every
rain we have, deluges the house. The side next the sea, as I
have heretofore written you, is open for the rats to go in and out
when they will; and the house is so full of them, that they are
running across the floor at mid-day, and no doubt the sides of
the house, or stuffing, is bored fufl of their paths. Some repairs
ought to be done soon; but, under the present system of things,
it is impossible to do anything."
The openings in " the side next the sea," (as I had notified to
Mr. Tudor in my account of the condition of the estabflshment,
rendered imraedialely on resuming possession in the month of
November previous,) had been cut by Mr. Davenport There
was no point upon which iMr. Tudor was more solicitous and
imperative, than the necessity of keeping the establishment clear
of rats ; for every rat-hole afforded egress to cold air, to guard
20

154
against which, was the primary object (e) in the construction
and arrangement of the ice-house. Had he heard of a single
rat-hole whilst I was in charge, there would have been no end
to the amiable leUers from him, such as we have seen enough
specimens of. But now, that the house was bored full of them
in afl directions, I was not even allowed to take measures for
arresting the evil ! It would have been requisite, first, to insti
tute proceedings, and obtain a judgment for expelling Mr. Tu
dor's tivo representatives from the premises. No tribunal could
have hesitated an instant, to pronounce such conduct as theirs
could be proved to have been, daily and habitually, a gross
abuse and perversion, on the part of their principal no less than
themselves, of that qualification of the decision in my favor
which had been provisionally made through delicacy for Mr.
Tudor. But such a step, besides the trouble attending it, would,
had I taken il, have been ascribed to the desire to remove Mr.
Tudor's Arguses in order to rob him ; and, expecting an early
deliverance from the whole set, I continued to bear with them.
A week after, on the 27th April, the Niagara arrived from
Boston, with a cargo of ice. Not a line, however, did she bring
me from Mr. Tudor; nor was a word said to me on the subject
by Mr. Bacon. There was every indication of his being in ac
tive communication with his lawyer, until late in the evening of
the 29th, when he informed me that a cargo of ice had arrived,
which he wished me to receive, — this laconic communication (/)
(e) Of his numerous injunctions on this point, the following will suffice:
July 13,1831. "Recollect, the main point is tightness, — air-tightness, in the
walls. Without this, the non-conductor of heat is of small moment. The non-con
ductor saves at the spigot, and the crack, crevice or air-hole lets out at the bung."
(/) As 1 wrote, at the time, to my friend in Boston, " no condition of any kind
was proposed, nor in fact anything said more than for me to take the ice."
Their omission to propose on this occasion, a renewal of our February agree
ment, (which, so far as regarded the engagement on my part to pay over Mr. Tu
dor's four fiftiis, was expressly limited to the cargo then in port,) and the course
pursued by Mr. Bacon in regard to the arbitration, afford ground for the infer
ence, that the agreement had, in this respect, proved exceedingly unpalatable to
Mr. Tudor; and that he had instructed him not to recur to it. Another motive
for avoiding such recurrence was afforded by the implied recognition involved in
that document, of my right to the fifth part, the denial of which they had since
judged proper to renew and persist in. Such recognition, indeed, was Inseparable
from any agreement respecting Mr. Tudor's "/our fifths;" (a truth to which it
seemed, that their eyes had been opened only after the difficulty had arisen about
the form of receipt,) and they concluded, I suppose, on this ground also, that their
safest plan was to deliver the ice without any stipulation, so as to leave Mr. B.
free to demand the whole proceeds, as those of merchandize belonging to Mr.
Tudor, received by me for sale, subsequently to the February agreement.
They did not advert, perhaps, to the fact, that this expedient had two edges, and
cut both ways ; and that, if it left Mr. Bacon free to demaud the whole, it left me
free to retain such part of Mr. Tudor's portion as might be requisite to balance our
accounts. Such, indeed, was the nature of their position, that it would have re
quired wiser heads than theirs to avoid falling jnto traps of their own laying, or
to pursue in safety any line of conduct, except the straightforward way, which they
would not adopt.

155
being the whole fruit of the three days' consultation, during
which they had probably come to the conclusion that nothing
could be gained, either by commencing 'anew the February
game, or by attempting to play some new one, devised by the
fertile genius of my partner ; " instructions " for which had, per
haps, accompanied this supply of ice.
The day after this communication, I wrote to my Boston
friend, giving him an account of the occurrence, and saying:
" This cargo wfll probably carry us untfl we shall be able to get
through with the arbitration : or at any rate, it will carry us so
far, that it may now be considered unnecessary for you to keep
a cargo in waiting. It will be best, therefore, to dismiss the ice
you have in attendance, on the receipt of this, unless you shall
be convinced from Mr. Tudor's conduct in Boston, that he is
not going to send any more here."
On the 27th July, I wrote to Mr. Tudor, apprizing him of the
decease of Mr. Bacon the day previous. After stating in detail
the position in which the matter stood, as it regarded Mr. Tu
dor's four fifths of the proceeds, under the provisional agreement
of February, which (having been presented in Court by Mr.
Bacon, and made a judicial record of) precluded me from trans
mitting them to Mr. Tudor until he should have taken steps to
set that document aside, — I conclude by saying: " The amount
is rising $  ; which sum, together with any other which
may come into my hands, I must hold for your further dispo
sition."§ 10. — July to Dec. 1837. — Mr. Tudor's Determination "to
Drop Law as he would a Hot Iron." — His Letter of July 8,
1837. — My Replies August 23, 25, and 28, and September 1. —
His Letters of September 22, and October 6. — My Reply,
October 21. — His Letter of October 12. — My Reply Nov
ember 11. — His Letter of October 26. — My Reply December
3. — His Letters of Nov. 15 and 18, pressing for further Re
mittances. — Circumstances under which this Demand is made.
— My Reply Dec. 21. — His Letter of Dec. l. — His New
Declaration of War, Dec. 16. — Falsity of the Pretext on ivhich
he puts it. — Artifice used by him to give it Plausibility. — Mis-
stalements Pi.especting his own Letter of Oct. 6. — Suit insti
tuted by him at Boston. — His Letter of Dec. 18. — Peremptory
Order to reduce the Price of Ice. — Circumstances under ivhich
it is given. — My Pteply January 6. — Review of the year 1827.
Mr. Tudor's Letter of July 8. — On the 22d August, 1827,
the barque Miranda, which had sailed from Boston on the 10th

156
July, arrived at Havana, bringing me a letter from Mr. Tudor,
under date July 8, which, omitting some long details having no
relation to the dtfficuhies between us, is as follows :
" Sir : I have never employed (g) Mr. Davenport or JMr. Bacon
to engage in broils of a personal nature with you, and rny first
instructions (A) were, to drop law suits; leaving a bargain made
in this country, to be determined by coercive process here, (f)
could you no otherwise be made to understand 1 had rights.
V, " In May last, (j) in several letters, I gave po.-^itiveinslructions
to air. Bacon to pursue law no further, and rather to buy peace
by a sacrifice of part of my rights than to continue lo waste
everything in a war. I instructed him to drop law as he would
a hot iron. To propose to you to accord lo your right to be
keeper at ten per cent, while you were actually on duty, (/.') and
the right to the fifth while you performed the condition. The
condition performed has always constituted the right to the fifth.
I very distinctly told you, while in my office in Pearl St., upwards
of two years ago, I withheld the fifth for violation of the condi-
(g) "Never employed" them for this special purpose! Note the time when Mr.
Tudor first condescends so far as to say even thus much. That his imperial na
ture should stoop to bestow even this notice upon " personal broils," it was requi
site he should have bent his mind to peace ; or, in other words, determined upon
what the reade.- will see merits to be called his "peace-and-amity " stratagem.
(h) His "/csJ instructions ! " Compare this wilh his proclamation of war, war
to the knife, of Jan. 11, despatched in company with the " small supply " of ice ;
when the plan of campaign was, to terrify me into an instant surrender at discre
tion. (i) As an intimulion of the course subsequently pursued by him, these words,
particularly when connected with the rest of this letter and with those that im
mediately followed, will be seen to amount to nothing at all. But as cviilmre, that
that course was, at this very time, meditated, and laid down in his law chart, to be
pursued or not, according as the wind might set, they will be seen to amount to a
good deal.
(j) Comparing this date with that of Mr. Bacon's last proposal, (about the end
of June,) it would seem that it had been made in pursuance of the "positive in
structions" here mentioned. But Mr. Tudor here says nothing of that indemnity
of "six thousand dollars," to defray the cost of the war " Ifc," which Mr. B. had
demanded of me. Nor is there any mention here of the withdrawal of my claim
to my ten per cent, compensation for the period during which 1 had been unlaw
fully dispossessed. Had these demands of Mr. Bacon, as the condition upon which
I was to be left in undisturbed possession of the management of the business,
arisen merely from excess of zeal on his part? or had they been prescribed to him
in some " secret instructions " accompanying those here avowed by Mr. Tudor?
(k) Note well the precise nature of this proposal. It is, to "accord to " my "right
to be keeper at ten per cent. ;" that right which he had denied ; and his denial of
which, associated with his pretension to require me to reside at Havana, had been
the basis of his whole proceeding, and of all the expense and mischief consequent
thereon. In my dealings with Mr. Tudor, I too have had to make concessions for the
sake of peace; but they have always been concessions of money, not of principle.
I never offered to " accord to," — 1 never did " accord to," — any " right" which I
had denied. The language here used by Mr. Tudor, he was led to use by the nnlure
of the subject. Itis appropriate thereto; and it expresses well tiio dilfcience be
tween my position and that of the antagonist who has contrived to make people
believe that he is a sufferer from ill-faith on my part.

157
tion by which you held it, and that I was at any time ready to
return it to you, when you returned to your duties. You have
now apparenfly done this, and I hope have done so in good faith
and with good intentions. (/)
" I now propose a submission of the question between us, not
to law, and to arbitration, but to your own good sense ; with this
view I propose as follows :
" 1st. Law to be dropped ; each paying his own costs.
" 2d. The fifth interest to the termination of the contract with
the Government to be admitted on my part.
" To the end of accomptishing this setflement, I herewith en
close the accounts for the two years past Those for the present
year are not made up and cannot be at present and are not nec
essary. It wifl, however, be remembered, in addition to the
$2500 agreed to be sent here to cover disbursements, from the
first proceeds of sales in Havana, is to be added $600, — a bill
drawn on me, by Mr. Bacon, for freight of the Criterion's cargo.
" My instructions to you now are : after you have paid your-
(l) Here is Mr. Tudor again, in proper person, and true to himself Here is the
child " of a larger growth," riding for the first time in a carriage, and telling us that
the trees are moving past him.
" You have now apparently done this ! " Now ! ! In what particular did my atti
tude towards Mr. Tudor, at this moment, differ from, in what particular was it not
identically the same with, what it had ever been ? Had it not ever, on every occa
sion, and under all circumstances, been exactly, identically, what it "now" was ?
Was it not now exactly, identically, the same that it had been at the beginning of
1834 ? — When, rather than submit to have my right arbitrarily wrested from me, I
had staked my all against the five per cent. ; upon the issue of a lawsuit : an issue
which at best is ever a doubtful one ; and in which he had flattered himself with
the certainty of victory, after he should have spun it out long enough to ruin me
in health as well as in purse. Was it not now identically the same as in 1835?
When, — to say nothing of the attempt, explained in a former note, to avail himself
of the defective form of his " bill of sale," as an act of partnership under Spanish
law, — his contract with the Government was produced in court, to prove that it
was not transferable ; and to deduce from this prohibition of a transfer, that his sale
of a fifth interest to me had been void from the beginning, — a double fraud practised
by himself, against the Government and against me !
In what particular did my attitude " now " differ from what it had been in Nov
ember, 1836, on being reinstated in my right ? Or, in January, 1837 ? — When, avail
ing himself of that mortgage-cave beneath my citadel, be so cunningly charged
and so valorously sprung upon me, the mine which he fancied was to blow me sky
high, and cast me forth once more, scorched and broken Umbed, to flounder among
the quicksands of litigation.
In no particular whatever, had my attitude changed. The change was all in
Mr. Tudor. His thunder and lightning had proved no better than that of barn-
theatricals ; his mine had exploded to no other purpose than to strip him bare and
to open my eyes and those of others ; and his whole stock of stratagems was ex
hausted. This is the change which had " now " taken place ; and which, true to
his nature this child " of a larger growth," — one whom inordinate selfishness and
ungovernable passion, combined, would not allow ever to reach the years of dis
cretion,  comes at length to the conclusion to make an avowal of, by saying to
me ; " You have now apparently returned to your duties ; and, I hope, have done
so in good faith and with good intentions ! "

158
self as by the enclosed accounts, if correct, wifl appear your due,
to remit me in specie either gold or silver :
" 1st For the disbursements of the present year with the
freight of the Criterion, $3100.
" 2d. Then remit my four fifths proceeds sales which may be
in your hands at ihe time you receive this letter.
" 3d. To remit as often as once a month the monthly balance
due to me. In all cases giving me notice of any intended ship
ment of specie, that I may insure. All bills are to be doubted
for the present, and specie alone shipped ; as this is received at
the ice-house, the same money may be remitted to me.
" Concluding remarks.
" As the price and extra value of money in this country has
subsided, and six per cent the regular discount of paper on time,
I wish you to understand, if you have an inclination to detain
the money now due me, and which shafl become due me from
time to time, you can do so by allowing me the Havana interest,
which I understand to be twelve per cent per annum." (m)
My Replies. — This letter, wrhten some weeks before Mr. Ba
con's death, afforded confirmation of a report from Boston, that
Mr. Tudor had finally concluded to withdraw his ministers of
war and annihilation, and to enter upon a rational course. It
was responded to by me in four letters, under dates August 23,
25 and 30th, and September 1, as follows :
August 23. " Sir, Your letter of 8th July last, was received
last evening ; and as the Cristobal Colon is about getting under
way for New York, I have only time to say, that I think your
letter supersedes the agreement deposited in the Consulado, by
Mr. Bacon, and if so, I wtill make you remittances, from time to
time, in some good vessels bound to Boston, as soon as I can
obtain dollars or gold; (Ihave some gold on hand,) for you
must be aware that the order you gave in your letter ( ' send the
same money received at the ice-house ') would subject you to a
heavy loss, as the greater part of the money received is in pista-
reens. It is hardly once a month that I receive a doubloon, and
but once in awhile a Mexican dollar. Almost the whole is in pis-
tareens, with some small gold. A running policy, for some good
(m) Here is a practical commentary upon the text, "Ihave lost all confidencein his
honesty ; " which had been produced in his name, as a reason for his being permit
ted to keep me out of the possession and management of the ice-house, — which sol
emn asseveration, though it failed of its designed effect, had been attended with that
of subjecting one to all the consequences of having such indwellers as Mr. Daven
port and Mr. Bacon had proved to be ; and among them, to those " broils of a per
sonal nature," in regard to which, after six months reflection, their imperial master
had come to the conclusion that he might, without derogating from the dignity
proper to his lofty nature, deign to say, " I have never employed Mr. D. and Mr. B.
to engage in," &c. I

159
vessel or vessels, will be the best for you, as it will cover the
money, and it is possible there may not be an opportunity for
advising you in time by some other vessel."
I immediately consulted my lawyer in regard to the sufficiency
of Mr. Tudor's letter to enable me to remit his money to him
without subjecting myself to some new demand "in law," — as
contra-distinguished from equity, — founded upon the agreement
with Bacon. This lawyer, — Don Jose Agustin Govantes, whose
bias is always in favor of equity, as contra-distinguished from the
shictness of legal technicalities, and who is indebted perhaps
to this bias as much as lo any other circumstance for the celeb
rity he enjoys for skill in his profession no less than for probity, —
decided at once in favor of its sufficiency ; and, upon the strength
of his opinion, I wrote to Mr. Tudor my second letter :
August 25. " Sir : I am informed by my lawyer that your
letter of the 8th July last, wishing to drop all process in law, and
that I remit you the amount of disbursements of the present
year, together with your four fifths proceeds of sales, &c., super
sedes any agreement made with Mr. Bacon respecting any
disposition of the amount of proceeds of sales here; I have
therefore made all diligence to change the small gold I had on
hand into ounces, and ship you by the Brig Trenton, four
thousand and one dollars, as per Invoice and bill of lading here
enclosed. " I will answer your letter of the 8lh July in a few days, and
I can see no reason why our affairs may not be amicably ad
justed. " Postscript For the better and quicker adjusting our affairs,
I beg that you would remit me the particulars of Mr. Davenport's
accounts." Having thus disposed of the most urgent point, my third letter
was: /
August 30. " Sir : By your favor of the 8th July, received
the 22d inst, I observe the prudent reflections you make to en
tirely conclude all law suits and differences which have unhappily
existed between us. Certainly and with all confidence, I tell
you, that neither Mr. Davenport nor Mr. Bacon have governed
themselves by the orders or instructions which you say you had
communicated to them ; for, far from manifesting a desire to
conclude the suits, they have done nothing but to promote them,
exciting daily and repeated questions and refusing all the means
of peace for concluding the differences, which I proposed to
them. But I now see that all is going to be concluded in har
mony ; and from this time forward I agree as you proposed, in
that, the suits are concluded, each one paying his own costs, that

160
is, the judicial costs, by the rule of adjusting costs which the
court may have established in processes ; (n) and now that you
acknowledge my right to the fifth, and the ten per cent, on the
gross sales of the ice-house, there exists no motive of difference
between us, and we wifl continue in our quiet relations, as we
were until the moment peace was unhappily disturbed between
us. " As it is not just the house should be charged with extraordi
nary expenses which Davenport may have made, I will thank
you to remit me the minutes of the expenses charged in the ac
count which you have enclosed to me. At present I will only
advert to Davenport's salary from the time I arrived here, in
March, 1835, to the time I took charge of the house, by order of
the court, the 26th November, 1836, none of which can be
charged to me. The bad debts at Matanzas, must have accrued
through carelessness of Mr. Davenport, for permitting the account
to run to such an amount. I was partially made acquainted with
the loss at Matanzas by Mr. Bacon, when he forbid my giving
any credit there ; but having inquired the character and responsi
bility of the two customers from Matanzas, and found by report
they were good, I concluded to continue the credit, brft never in
tended to let it amount to a large sum. Nevertheless, one of
them had taken, from the latter part of June to the early part of
this month, rising $400, as you see per Journal, from 10th to
20th ; but immediately on application, it was paid ; and there is
litfle due from Matanzas now. I requested Mr. Bacon to give
me the names of the persons and the amount of their accounts,
to see if I could collect them ; but he positively refused to do it,
saying that it was an affair I had nothing to do with, nor should
I have. I could do no more ; but should you think it worth
while to send me an account of what there is pending in Ma
tanzas, with afl the particulars, I wfll do all I can to collect it
" For your offer to let me have money at 12 per cent per an
num, I thank you ; but, as I have no need at present of paying
interest at any rates, I decline your kind offer."
My fourth letter related to the accounts transmitted to me. It
is as follows :
(n) It is to be noted, that this is no concession on my part In reply to the per
emptory summons with which Mr. Bacon had opened his mission in February, I
had said nothing about costs. This point had been settled by the decision of the
Supreme Court, which had been given " Sin especial condenacion de castas; " that is
to say, leaving to each party the costs he had incurred. Such being the decision,
1 felt no disposition to go behind it and agitate the question of costs : although I
knew, and every one knew who had any knowledge of the subject, that equity im-
posedupon Mr Tudor, the obUgation to pay, not merely all the e.xpenses which
his injustice had driven me to incur, but a heavy indemnity besides.

161
September 1. « Since my letter of 28th uito., I have looked
over the accounts you remitted me ; and without the minutes
which I have already requested, I cannot tefl exacfly how the
balance ought to stand ; but I am incflned to think it ought to
be considerably more in my favor than you have made it. I
perceive I am not credited in your account remitted, my ten per
cent, on the gross sales, which ought to have been done. I see
also there are two charges, of $1078.06 each, in the year 1836 ;
the first charge is said to have been for ' Discharging and storing
ditto,' the second says 'ice-house disbursements.' I suppose
one of these charges to have been through mistake. Mr. Daven
port's salary, and the bad debts at Matanzas, have been mentioned
before. By a statement of accounts made out to-day, as near as
I could from the one you sent me, I make it that there was a bal
ance due me to the close of yesterday, of some hundred doflars;
but to get at it justly, it wifl be necessary to have Davenport's
minutes, as I have before requested, and in the mean time I shafl
make you another remittance by some good vessel.
Mr. Tudor's Letters of Sep. 22 and Oct. 6. — After the
lapse of nearly two months, I received, on the 20th and 21st of
October, two letters from Mj. Tudor, under dates the 22d Sep
tember and the 6th October.
In the first, he acknowdedges the receipt of one of the remit
tances sent him ; gives some further directions in regard to the
choice between bifls and specie ; and says, in regard to the ac
counts so long withheld from me :
" I shall send by this opportunity, the sales and disbursements
as rendered by Davenport"
The second does not touch upon our difficulties at all, nor
upon our affairs, except so fai- as to say :
" I shall write further on ice matters shortly. Your sales ap
pear to exceed Davenport's twenty per cent (o)
The letter is written for the purpose of stating the necessity,
which had unexpectedly come upon him, to pay off a heavy
"mortgage," (!) and of asking my assistance in raising a loan
for him to the extent of his " next year's probable returns " from
the ice-house, founded upon a pledge of the income of the es
tablishment My Reply. — To both, I replied immediately, on the 21st Oct
In regard to the loan, I say,
" I will see what can be done in carrying your wishes into
(o) To which difference of twenty per cent, is to be added, the loss arising from
sundry bad debts, (resulting from carelessness in allowing them to run up without
collecting,) erroneous charges, &c. &c.
21

162
effect, and let you know as soon as I can ascertain what can be
done." Relying upon the restoration of peace between us, and hav
ing allowed the vigflance proper to a state of w^ar to go to sleep,
I did not advert to the bearing of this proposed withdrawal, by
anticipation, of Mr. Tudor's share of the income during the
ensuing year; that is to say, /or the remainder of our Privilege.
I, therefore, took ihe steps promised. But I found that what I
supposed must be the case, was so, even to a greater extent than
I had imagined. The credit of the ice-house was down. And
how could it be otherwise ? After all the litigation of which it
had been the subject for nearly three years ; to say nothing of the
"Peace-officer" scandal, arising from the conduct of the repre
sentatives, whom, — upon the strength of the permission provis
ionally granted by the Court, (" until he should have time to
substantiate his allegation of distrust,") to keep one man there,
to see that I did not cheat him, — he had kept there for months
and months, after being informed of their daily proceedings and
habitual deportment
Respecting the accounts transmitted by Mr. Tudor, I say :
Oct. 21. " The particulars of Mr. Davenport's account, as
sent me, are not such as I wanted: I wanted a copy of his ac
count, to see for what the money was paid ; as I have written
you heretofore, that I supposed he had charged money that
never had been paid, so I see by the account you remitted, that
an assistant had been paid from April to October, 1835, when
in fact, that assistant had not been paid from the 1st of April,
to the 10th of October, both inclusive, and I paid it myself in
December last. I have good reason to think there are many
charges that ought not to be : — I see there is a charge in Oct.,
1835, of $ 25.4rs., said to be for a fine. On the 26th Oct, 1S35,
there was a complaint made against a dog belonging to the ice
house, having bitten a boy that came after ice, when Davenport
said the dog did not belong to the ice-house, but to me, and,
therefore, he nor the ice-house ought to pay anything ; but it
having been proved on the spot, that Davenport had been in the
habit of setting the dog on the negroes when they came after ice,
and were making a noise by talking and whisfling, &c., and that
the dog was remarkable for his quietness and docility, the Com
missary divided the costs of curing the boy between Davenport
and myself, which was for me to pay $34, and then a fine of
$ 10, as owner of the dog, with an injunction, that I move it
away immediately. Davenport most Hkely paid his $ 34 also ;
but I think he has charged the ice-house with $25^ of them.
Davenport was also fined, in May or June of the same year,

163
$100, for buflding a shed in the street to put ice-chaff in, with
out permission from the Government This I do not see in any
of the charges ; yet, I cannot think he has taken it to himself
without saying something about it."
Mr. Tudor's Letter of Oct. 12. — Six days after despatch
ing the foregoing request, that I should raise for him, by antici
pation, the probable amount of income on his share, for the un
expired term of the Privilege, he writes, as follows :
Oct. 12. " Since my last, I have received your favor of 28th
of August, which has been backward in reaching me.
" I somewhat fear, from the complexion of it, you are not dis
posed to bury the hatchet.
" You take exception to allowing the salary of Mr. Davenport,
d,uring the time you were in contest with him, — perhaps a year
and a half. I can admit of no exception of this, or any other
kind. " In the common sense and understanding of mankind, when
the great and main difficulty between two parties is adjusted, it
is incident and a necessary consequence of such adjustment,
that all minor points give way. I did not propose to admit as
a right, that you should be ice-house keeper, whether I would or
no. I admitted it, as expressed in my letter, in order to buy my
peace, {p)
(p) There was no necessity of any such admission, or of any other admission,
"in order to buy my (Mr. Tudor's) peace." My position had, from November 26,
1836, again become a purely defensive one. The possession and management of
the ice-house had been compulsorily taken from Mr. Tudor's representative and
restored to me, under a decision of the highest tribunal of the country, pronounc
ing it to be rightfully mine. From that moment, Mr. Tudor had become the as
sailant : I had not taken a single step against him, nor given out threat or indi
cation of any. In fine, there was no such step for me to take after the decision in
my favor; and, if there had been, both the necessity for it and the right to take it,
would have been precluded by the provisional agreement, and the arbitration
accord made in pursuance thereof.
Such having been our respective positions, it is in the highest degree preposter
ous in him, to say that he has done anyone thing or another "in order to buy
peace." Peace or war was so completely in his own hands, that it could come
from him alone : Peace was a thing to be given by him, not to be obtained. If,
therefore, his object in making his July move had been to obtain anything, that
thing must necessarily have been something else than " peace." Query — was it the
remittance of his funds 1 — Which his knowledge of me afforded the certainty, that
I would not withhold a moment after he should have written anything that could
be interpreted into a positive assurance, that he had reUnquished his war projects
and meant to adopt a fair course towards me.
I had, (so far as the Criterion's cargo was concerned,) engaged to pay those
funds to his agent. Bacon. But, the very covenant in which I had so engaged, had
been so widely departed from by B., — particularly in preventing the progress of
the arbitration, — that grounds were by no means wanting for a perfectly honest, as
weU as lawful, refusal on my part to pay anything to Mr. Tudor, until all obstacles
on his part, to the efficacy of the arbitration accord, should be removed ; after which,
sixty days, — or at furthest, ninety, — must have brought all matters between us
to au end; and among these the questions, whether I was not to have my ten per

164
" If you go behind my proposition and take new exceptions,
I am constiained to understand you do not accept of my pro
position. " I wait your further advices to decide whether we have ad
justed or not."
My Reply. — To this I replied as foflows :
November 11. " I am sorry my letter of 28th August, should
have given you any fears respecting my disposition to bury the
hatchet. I took it up when there was no other recourse. I am
disposed to bury it when there is no farther motive for keeping
it disinten-ed. " I did not, nor do I now, think I ought to pay any part of
Davenport's salary, from March, 1835, to November, 1836. He
was, during that time, forcibly keeping me from my just and
lawful occupation ; or rather you were, through him ; but in or
der to buy peace, (as you have expressed in your letter,) I will
consent that Davenport's salary be charged as a disbursement of
the ice-house ; but never relinquish my ten per cent, nor fifth in
terest in the concern, while I have a property in it These have
been adjusted. These were the causes for which I instituted the
suit These were kept continually in view ; and it was against
these, that you, through Davenport, strove with me. It was on
account of these that I have received such ill treatment from
Messrs. Davenport and Bacon. The latter went so far as to say,
he regretted the laws of the country did not allow people to go
out and settle their disputes in their own way.
" I have no idea or inclination of occulting myself behind
your proposition, nor of taking new exceptions; the exceptions
which I make are those taken from the first, and they appear to
me just"
Mr. Tudor's Letter of Oct. 26. — At the end of Novem
ber, T received from him two letters, under date Oct 26, and Nov.
4. The latter has been already given, in a note to my letter of
Dec. 17, 1836. The former, — with the exception of long de
tafls respecting his Calcutta and New Orleans business, and
concerning improved methods of preserving ice, which he in
tended to patent, — is as follows:
Oct. 26. " I have your sales to close of September. You
have not thought to give me' the run of water, which I wish oc
casionally, (q)
cent, for the period of my wrongful dispossession, and whether I was to pay any
part of the salary enjoyed by Davenport for dispossessing me.
But, so soon as what seemed to be a genuine olive branch was proffered by Mr.
Tudor, I did not hesitate to believe him sincere, and to disarm myself by sending
him his money.
iq) At first, as had been notified to Mr. Tudor, it had been out of my power to

165
<' With respect to the accounts, I have, for the last six years,
confided them to Mr. R. C. Cabot, but have lately made some
changes in my assistants. On examination of the late accounts
rendered you by Mr. Cabot, many material errors have been dis
covered, and it is needful to go over them all again, (r)
" Am I to understand you Mr. Bacon never made you the
proposition in substance, which I made you afterwards, by a
letter directed to yourself?
" I think the best way for us to smooth down all the wrinkles
and rough places, which appear to me to have been unnecessarily
puckered up by intermediate agents, — is for you to come home
in a spirit of amity and peace. Here let us adjust all matters, and
see what arrangements can be made for the future as well as the
present. " I should think if you left about Christmas time for New
York or Rhode Island, or before, you could come on our coast
before the severe weather sets in, and return in February with
a stout cargo of ice.
" An important point to be adjusted relates to the funds after
they come into your hands. You do not appear to be aware
of the importance of placing money at once where it can be
earning interest ; amongst mercantile men this point is satisfac-
give him the rum of water, (from the melting of the ice,) because his representative.
Air. Davenport, saw fit to refuse, (without any conceivable motive except the desire
to thwart and annoy me,) to deliver the necessary key. This refusal was persisted
in for some time ; and, when at length I had succeeded in gaining admission to the
part of the establishment where alone the run of water could be ascertained, I
found that the water did not run at all; owing, as I conjectured, to the use of a bed
of tan, upon which, according to one of Mr. Tudor's improved methods, the ice
was laid.
In my reply to this part of his letter, I say : " For the run of water, I will refer
you to mine of the 21st June last; we have not yet got down to the bottom," &c.
&c. " In my letters of December and January last, I wrote you about the water
and tan ; but I have no recollection of your having made any reply. I would like
to have your opinion about the tan, and see what can be done," &:c. &c.
(r) It is to be noted, that this is in reply to the remarks upon the accounts he had
transmitted to me, contained in my letters, and particularly in that of Sept. 1, wherein,
— besides insisting upon the necessity of my being furnished with the details of
the disbursements charged by Davenport, and pointing out that Ais own (Mr.
Tudor's) account, founded upon D.'s, contained two charges of $ 1078-06 each, the
one for " discharging and storing ice," the other for " ice-house disbursements," —
I say, " I perceive I am not credited in your account with my ten per cent, on the
gross sales, which ought to have been done."
Notwithstanding this explicit notice upon this precise point, besides the general
bearing of my call for Davenport's disbursements in detail, Mr. Tudor, in a subse
quent new declaration of war, under date December 16, grounds it chiefly upon
the assertion that this is a new demand on my part ! Referring to my letter of
November 11th, he says : " You now claim the ten per cent, when you were not
doing the duty." The truth is, — as Mr. Tudor had been informed by his agent
Bacon,  if he had informed him of any truth, — that my right to it had been inva
riably asserted, and my positive determination not to relinquish it, had been inva
riably declared'. Of this, Mr. Tudor was fully aware, when he wrote his letter of
July 8.

166
torfly adjusted by keeping an interest account Mr. Touro al
lows me interest from the day he receives the money in New-
Orleans from the keepers, and charges from the day of remit
tance. This is just and satisfactory; instead of losing by it, the
contrary is the case ; because it often happens that he may have
an over supply of his own money, which he has no present
means of getting interest for, and he over-remits, which throws
the balance of interest in his favor at the end of the year; or, it
may be convenient to have the funds awhfle ; against which I
have no objection, provided they are on interest To have
money lying dead in a strong box and irregularly remitted, con
fuses all calculations and spoils all regularity and content.
" I have written you about not making objections and putting
in new claims. (5) Having conceded the main points, (t) I can
ts) " New claims! " See the foregoing note.
(t) What " main points ? " If I was not to understand his July letter as a revo
cation of his January proclamation of perpetual war and endless attacks ; if I was
not to understand it as any engagement to desist from all further molestation, and
leave me in quiet possession of the rights adjudged to me (and secured to me) by the
decision of the Supreme Court; what "main points," what points of any kind,
could he be considered as having, in any sense of the word, " conceded ? "
To be sure, his instruction to his representative had been, (at least, so far as he
tells us what it had been,) " to propose to accord to your right to be keeper at
ten per cent, while you were actually on duly." How, under the circumstances, was
I to understand this qualification otherwise than as having reference to the future^
The only thing in Mr. Tudor's power, (as we have seen he had been convinced,
sorely against his will,) with respect to the "right" which he here proposes to
" accord to," had, since the 26th Nov. 1836, been, to choose between leaving me in
quiet possession of it and harassing me in the way that has been seen. The only
thing which it lay in his power to deprive me of, was peace; and peace was the
only thing which it lay in his power to grantor "concede." The past was gone;
he had done his best and his worst ; and the result had been, first, a decision affirm
ing my right, (of course, for the past no less than the future,) and its restoration to
me, by the juridical power of the State ; and next, the maintenance of that right by
my own firm hand, strengthened by the consciousness of right, against all his
threats, and wiles and stratagems. Such being my position, and his, how could
his proposal be considered otherwise than as substantially a proffer of peace, and
nothing but peace, upon the one condition, that, upon dropping law, " each should
pay his own costs'? " What else than peace had he to give % What else to offer,
except the assurance that I should no longer be harassed ; that the right and the
possession which, by a final and conclusive judgment, had been secured to me, I
should be left in the quiet enjoyment ofi How could the qualification attached to his
acknowledgment of that right be considered as otherwise than prospective, and as
prospective only'i How could the words be considered as having any other mean
ing than this; — in acknowledging your right to be ice-house keeper and to the ten
per cent., I mean to be strict and rigid with you ; it shall hold good only for such
time as you shall be actually on duty ; you are not (as heretofore, during occasional
absences) to enjoy the right of employing a substitute on your own account, and
meanwhile receive the ten per cent. ; the instant you cease, at any time, to be actu
ally on duty, your compensation shall cease?
This was the only light in which the nature of my position and that of Mr. Tudor
permitted the matter to be viewed. To suppose that this qualification was in
tended to have a retro-active operation, was forbidden by the very nature of the
case. If it be objected, that it is expressed by a verb in the past tense : (" while
you were actually on duty,") the answer is, that this form of speech is in daily and

167
not go any further. Upon reflection you wfll perceive that more
than I have conceded cannot with any justice be expected.
" After the expiration of the present contract in Havana, if I
do not make some arrangements with you, I propose to throw
the business open to free competition, reducing the price to three
cents, — preferring, however, a renewal of the contract, and adding
the reduction of price. A new house must be buflt in the neigh
borhood of the Machina.
habitual use with reference to future events, and when its sense is identical with
that of " should be." Moreover, unless it be taken in this sense, it actually has the
effect of restricting absolutely to the time past that acknowledgment of my right
which he proposes to make ; and this makes the proposal absolutely nonsensical ;
for there was no period whatever to which it could have reference. Referring to
time past, there was not a single day during which I had been " actually on duty,"
with respect to which my ten per cent, constituted the ground of claim on my part,
or of denial on his.
Mr. Tudor's words, then, are, in meaning, identical with the following : " to pro
pose to accord to your right to be keeper at ten per cent, while you should be actu
ally on duty." And there is this difference between the acknowledgment here made,
and the quaUfication attached to it : that, while the latter is purely prospective,
the former is essentially retro-active as well as prospective ; for, unless the reverse
be expressly stipulated, it necessarily attaches to the period during which I had
been unlawfully deforced. But even if this were not the necessary consequence
of such acknowledgment of my right, there is one thing absolutely self-evident ;
the acknowledgment here made does not contain anything to exclude such claim on
my part. In its terms, it relates altogether to the future. The circumstances in
which it was made were such as to put the past, — except for the purpose of retri
bution from him, — altogether beyond his power ; and so likewise was the present,
so far as regarded all consequences of the decision in my favor; among which con
sequences was my undeniable right to the ten per cent., from the period during
which I had been deforced.
Certainly, then, my acceptance of it, as the basis of a final concord between us,
— even if it had not been, as we have seen that it incidentally chanced to be,
coupled with a simultaneous demand to be credited with this ten per cent. — could
not admit of being interpreted into a surrend,er of this right. And yet, (as will
hereafter be seen in Mr. Tudor's letter of Dec.) when he had again resolved upon
war, he grounds this new resolve upon a charge of breach of faith, resting entirely
upon this preposterous interpretation! Referring to his own words, " while you
were actually on duty ; " and to mine in reply, " I now see that all is going to be con
cluded in harmony, and from this time forward I agree as you propose ;" he assumes
that my insisting upon the ten per cent, for the period during which I had been
unlawfully dispossessed by him, is a breach of the agreement so expressed by me !
He refers, too, to my assertion of this right as having been first made on the 11th
of Nov. Even if this had been true, and if the very words quoted by him, " from
this time /orjoard," had not expressly restricted my agreement to "drop law "to
the future, saving all past results of law ; even then, the fact would have been of
no moment whatever. What if this demand had not been made by me until the
date named by him f The delay could, at most, have been considered as circum
stantial evidence, (and this of the very sUgbtest kind,) that the demand was really
hat he asserted it to be, — "a new objection." But, in truth, there had been no
such delay ; the date of the letter from which he quotes, is August 28 ; and, on the
1st September, — so soon as I had had time to examine his accounts, and to dis
cover that I bad not been credited with the ten percent, for the period in question,
— I wrote to him that his accounts must be corrected in this particular.
His attempt to falsify the date of my demand, in order to give a semblance of
plausibility to his charge of ill faith, serves no other purpose, therefore, but to be
tray his consciousness of the necessity of misrepresentation, and to multiply the
evidences of his own animus in this and other respects.

168
" When these plans are carried into effect, I expect my Havana
business may rise to its original position, of being the first, in
stead of its being, as it now is, the lowest of afl my regular es
tablishments. " I have been prevented from carrying into effect there, (u) the
low-price plan, which has been so perfecfly successful in every
other place, and exactly as I had calculated.
" My hope and expectation is, that you wifl be disposed to pre
serve your connection with me in this business. I think it for
the interest of both that it should be so. The fallings out which
you have had with Mr. Davenport have reached me only at
second hand ; and aflhough much has been said by various per
sons against you, / give you my word I have never considered
my interest and property otherwise than safe in your hands.
" My willingness to confide in you, in spite of the trouble
which you have caused me, must show you that in the main, great
point of integrity, I do not and never have doubted you.
" As you promised me you would never have a law suit with
me, I had supposed you never would; but the difference between
having it with me or with Mr. Davenport is a distinction without
a difference, (v)
" In conclusion, I think we can do nothing by correspondence,
in the way of setflements of any kind ; and that your presence
here will be absolutely necessary, to effect the object desired by
both ; therefore I say, choose your own time and come."
My Reply. — My reply is a very long one, consisting chiefly
of details respecting my transactions with Davenport, affording
the explanation that had been requested of me. The rest is in
reply to the points presented by his letter :
Dec. 3. " As it respects the accounts, I think there can be no
(u) If he really believed he had an unquestionable, exclusive right to decide upon
this point " there," (at Havana) and if he felt so perfectly sure as to the result, why
had he not availed himself of the opportunity offered by the long period of two
years, during which the establishment had been under his absolute control ?
(v) When and where had I drawn any such distinction ? Has it not been seen that,
in speaking to himof my law suit with Davenport, 1 always spoke of D. as his agent?
Had I not always spoken of himself as the actor, and D. as the mere instrument?
When and where had any such promise ever been given by me ? It is an absurdity,
on its face. A promise " never to have a law suit!" Would it not amount to an
absolute surrender of a man's rights? Is there a court of justice in the world that
would hesitate an instant in pronouncing any such promise an absolute nullity ?
But, waiving this objection, suppose such a promise to be binding in law, to be not
void but only voidable, Uke other contracts ; and suppose that I had entered into a
bond to that effect, — where is the tribunal of law, or the court of conscience, that,
under view of the facts of my case, would hesitate to pronounce that they had re
leased me from the obligation, and that my having entered into it only served to
render the conduct of Mr. Tudor the more inexcusable? Where is the man that
could view that conduct, under such circumstances, in any other Ught than that
of an attempt to take advantage of one who had allowed his hands to be tied ?

169
difficulty when you shall have corrected the material errors which
you say you have discovered in them."
In regard to proposals from Bacon, I give him a good many
details, and among them the facts, that he never would make
me one in writing, nor in presence of any third person ; and
that the reason assigned by him for insisting upon the stipu
lation empowering him to appoint an inspector to see to the sales
of ice had been, that "you (Mr. Tudor) had no confidence in me."
I inform him that the last proposal from Bacon, so far as my
memory served, had been, to buy me out, upon the condition that
I should waive my claim to all participation in the profits during
the time that Davenport had had the management
With regard to his new proposal, I say :
" In respect to the funds after they come into my hands, I do
not see as I can do otherwise than remit, from time to time, the
portion which may belong to you. If I were in business, where
I could employ them from day to day, I should have no objection
to keeping an interest account If I were in business, as Daven
port was, with cigars, while he had the handling of the money, I
should think it a great favor to have the use of it in that way."
And I state some facts in regard to D.'s capital, and the enlarge
ment of his business whflst he had the handling of the ice-house
income. Mr. Tudor's pressing invitation to come to Boston is replied
to by saying :
" Nothing would please me more than a trip to the north, but
I must defer it for the present ; for I fear the consequences of a
winter voyage in my present state of health ; besides I have some
httie affairs which require my care."
And in reply to the concluding part of his letter, I say :
" I thank you for the expression of confidence. It is a positive
contradiction of repeated assertions oi Messrs. Davenport and
Bacon." Mr. Tudor's Letters of Nov. 15 and 18. — Mr. Tudor's next
letters were under date Nov. 15 and 18. In the first, he presses
for further remittances, and urges anew that I should repair to
Boston. Nov. 15. " The balance now due me must be about eight
thousand dollars, and it is very important to me to have this sum
with the least possible delay. I have urgent calls for money,
and the amount due from you will help me much. I must request
you to remit at once and largely.
" I hope my letter of Oct. 26, wifl have reached you, as it was
duplicated, as it was important, and showed you, in a strong
manner, the absolute necessity that exists for your coming here,
22

170
for a correct and satisfactory adjustment of accounts, and to make
arrangements for the future."
These passages, as moves in the game which Mr. Tudor was
then playing, (and which was soon to be further developed,) are
entitled to especial attention. Let the circumstances under which
he presses for remittances, " at once and largely," be noted.
In July, he transmits his accounts. Immediately on receiving
them, I reply by pointing out one heavy charge, as being to all
appearance erroneous, and one omission (my ten per cent, dur
ing Davenport's term) as certainly erroneous ; and I insist upon
the necessity of my having Davenport's accounts in detail. Mr.
Tudor's answer to this, on the 26th Oct., is : " on an examination
of the late accounts rendered you by Mr. Cabot [they had been
rendered by himself, signed with his own hand] many material
errors have been discovered, and it is needful to go over them
all again."
" Many material errors," says Mr. Tudor. And yet, mark !
how perfectly vague and indeterminate. No specific notice
of the errors pointed out by me. And especially, nothing whereby
I could know positively, whether he did or did not acknowledge
the omission ofmy-tenper cent, to be one of the "many material
errors." From such a reply to such a letter as mine, the fair pre
sumption, (as would be decided by any court of equity or even
of law,) was, that the acknowledgment in question was in
tended. Slill, this was matter of inference only ; notwilhstand-
ing the strength of which, Mr. Tudor might hereafter, (as it wifl
be seen that he did), choose to consider my claim to this ten per
cent, as " a new objection " on my part
Such, then, was the slate of the case when this demand for
remittances, instant and large, was made. There lay the can
celed accounts, and nothing had come in their stead, to enable
me to know how much would really be due to Mr. Tudor, after
the "many material errors" should have been corrected.
In the concluding paragraph of the above quotation from his
letter, he refers to his previous letter, as showing, " in a strcmg
manner, the absolute necessiiy " for my repairing to Boston. On
recurring to the letter, it will be seen that it does not contain any
such demonstration ; the strong show consisted entirely of strong
assertion, intermixed with no small quantity of palaver, or what
is, now-a-days, called humbug, which I thought it advisable not
to burthen these pages and bore the reader wilh. Nor did any
such necessity exist Even supposing my presence in Boston to
be indispensable to the making of those " arrangements for the
future," with the grand perspective of which Mr. Tudor had
deigned to amuse me ; it was by no means indispensable that

171
those arrangements should be welded on to the " adjustment of
accounts." The former regarded the " future " solely ; the latter
had nolhing lo do with it, and related solely to the past. For
the latter, the one and only "absolute necessity" was, that Mr.
Tudor should really do what he had made a show of doing in
July ; and the hollowness of which show, (on its being detected,)
he had made a sort of apology for, by throwing the blame on
" Mr. R. C. Cabot." He had but to send me a new and revised
edition of those very same accounts, — his own and Davenport's,
— the "material errors" all corrected, and the thing was done.
I should then know the exact amount due to Mr. Tudor ; and if
my readiness to remit it was not proved forthwith, it would be
my fault Meanwhfle, if I should " err on the safe side," Mr.
Tudor could blame no one but " Mr. R. C. Cabot," or himself.
My experience of late years had not been altogether of a nature
to obfllerate the lesson I had had in 1834, respecting the conse
quences of a dependence upon bank accommodations; and I
did not see the necessity of putting myself again to the same
school. Mr. Tudor's letter of Nov. 18, is, — with reference to my ten
percent claim, — still more entitled to attention. With the ex
ception of some detafls having no relation to our setflement, it
is as follows :
Nov. 18. " I had this moment the pleasure to receive your
letter of Oct 21, covering sales," &c.
" The general tone and complexion of your letter is very satis
factory to me, and convinces me more than anything heretofore,
that we shall be able to heal amicably our differences.
" With respect to what you say about Davenport, I cannot
particularly reply, but only say, in general terms, that I do not
and did not approve of his accounts ; but he was in a state of
extreme depression, arising from recent losses and poor health. I
resisted, for a long time, settflng his account; but he troubled me
by such frequent visits and sorrowful lamentations, that I finafly
setfled with him, deducting from the balance which he claimed,
$600 or $700, besides a suggestion of large amount which he
thought he was enlifled to, for extra services.
" With regard to your own accounts I have heretofore said
that I think the only way in which they can be settled {w) is for
(w) "The on/y way in which " accounts can be settled between two men, the
one at Boston, the other at Havana, is, for the latter to go to Boston ! Merchants
may smile ; but Mr. Frederic Tudor is a very extraordinary person, and he must
not be judged of, by the rules applied to the concerns of the profane vulgar. From
him, this was no novelty ; it was not the first time, nor the second, that he had
pronounced it to be impossible that our accounts should be adjusted without my
going to Boston. This impossibility occurred at a very early period in our part-

172
you to come here, when we wifl settle up all old affairs and start
afresh. ..
" I renew to you my wishes expressed in my last, respecung
remittances. The vessel being just spreading her canvas, I
must hasten to a conclusion." j f tv, ?
Here again, total sflence in regard to my demand ot the ten
per cent for the period to which the accounts "rendered by Mr.
Cabot" had reference. Here again, so far as this sflence goes,
very good ground for the inference, that the omission of a credit
for that ten per cent, {which had been particularly pointed out by
me, as an error in the account,) was one of the " many material er
rors " acknowledged in Mr. Tudor's reply, and ascribed to Mr. R.
C. Cabot But silence is not the only thing we have here. We
see, how "very satisfactory" my letter of Oct 21 had proved,
and how far it had gone to convince him, " that we shafl be able
to heal amicably our differences." Now, on turning back to this
letter, it wifl be seen, that the only thing contained in it relating
at all to " our differences " is, the notification to Mr. Tudor, that
the form in which he had seen fit to transmit Mr. Davenport's
accounts was altogether Mw-satisfactory to me. Connected with
this piece of information, is a reference to what I had " hereto
fore " v^Titten on the subject Now, on turning back to these,
my " heretofore " letters, the very first we come to, is that of
Sept. 1, wherein I tefl Mr. Tudor twice, that " without the min-
utes, [Davenport's,] which I have already requested, I cannot teU
exacfly how the balance ought to stand ; " and wherein also, I
specially demand the credit for my ten per cent
My Reply. — The two last-mentioned letters from Mr. Tu
dor, being received together, were both answered in mine of
Dec. 21 ; from which the following extract, in reply to his in
struction to " remit at once and largely," wifl suffice :
Dec. 21. "I also observe what you say about remittances.
I cannot conceive how you make such a balance due you, un
less you have thrown out entirely the preceding accounts ; {x)
nership. I thought, (and thought correctly, as the event proved,) that I was free
of debt; or that I owed him, at most, a very trifling amount. Under this heUef, I
had engaged to a friend in Boston, to unite some of my funds with his, in an in
vestment he had proposed. Lo I and behold I Mr. Tudor's account comes forward,
showing that I owed him $5,000 ! ! And I could, for a considerable time, obtain
no other answer from him on the subject, than that I must come to Boston.
The details of this business afford a good sample of my position as Mr. Tudor's
partner, with regard lo accounts. They will be found in the Appendix, ( G.)
(x) That is to say, the accounts which had been transmitted by him in July;
but which proving /afe, had been withheld ever since, in order that they might
" all be gone over again." Mercantile men cannot fail to render the proper tribute
of admiration to this improvement in the art of book-keeping, for the benefit of
those who " have urgent calls for money," and consequently wish for remittances,
" at once, and largely."

173
and if so; there was, on the first of this month, about $ 10,000
due. But I cannot see why these old accounts should be laid
aside ; there is nothing more easy than their setflement, ivhen they
shall be made out corrected."
Mr. Tudor's Letter of Dec 1. — Mr. Tudor's next letter,
under date December 1, encloses a triplicate of that afl impor
tant one of Oct. 26, which had, so satisfactorfly to his mind,
demonstrated the " absolute necessity " of my repairing to Bos
ton, leaving Havana " about Christmas time, or before, so as to
come on our coast before the severe weather sets in." {y)
The letter contains nothing requiring notice here, except the
Postscript, which is as follows :
Dec. 1. " Perfectly convinced, as I am, that there is no real
disagreement between us, I am the more induced to urge you
(as done in my late letters) to come home at once, as being the
only way every point can be amicably and satisfactorfly ad
justed." New Declaration of War, Dec. 16. — Mr. Tudor's next
letter, under date Dec. 16, ("about Christmas time or before,") is
his new Declaration of War, as follows :
" Sir: I have at hand {z) your favor of 11th ultimo. By that
you take additional exceptions to an adjustment to those of your
letter of 28th August, {a) You now claim the ten per cent,
(y) And arrive here just in time to fall snugly into the law-trap, which I have
been contriving for you. The reader will presently see what this addition means.
(-) When had it come to hand ? It is marked in my letter book as having been
sent by a vessel to Baltimore. The postmark, then, by showing at what time it
had reached Boston, would enable us to judge whether this reply to it, for truly
speaking, this pretended reply, the pretext for which is falsely taken from it,) had
been delayed. If such delay did occur, what was the motive ? Was it, that, in
case of my having yielded to his ujgent invitation to repair to Boston, this new
war missive might not reach Havana until after " about Christmas time or before ? "
Was the letter delayed in order to make sure that it should not reach Havana until,
as Mr. Tudor knew, I should either have embarked for Boston, or have decided not
to undertake the winter voyage ? Let this query be borne in mind.
(a) How does Mr. Tudor get at this " letter of 28th August ? " By passing over
that of September 1, the last of my four letters, in reply to his of July 8; of which
four, that of August 28, was one. His particular reference to this one, therefore,
serves no other purpose, than to prove the more particularly his own consciousness,
at the very moment he brings the charge used by him as the pretext for his new
move, of its utter untruth. Had he contented himself with merely asserting, that
my claim was a new one, and an " additional exception " to the adjustment pro
posed by him, the assertion, although untrue, would not have been to so flagrant a
degree, intentionally so. Highly improbable, as such a piece of oversight or for
getfulness would have been, particularly under such circumstances as those Where
in we stood, still, it was within the bounds of possibility, that he should have
overlooked or forgotten the tenor and import of my letters prior to that of Novem
ber 11th. But when, in order to make out his case far war, he undertakes to sub
stantiate his charge of ill faith and double dealing, by a reference to my letter of
August 28, (to get at which he has to " go behind," — as he terms it, when speak
ing of my course, — that of Sept. 1,) the only effect is, to deprive himself of the
benefit of even this exculpatory possibility, and to prove his assertion to be, not
merely false, but designedly and deliberately so.

174
when you were not doing the duty. In my letter of 8th July, I
expressly said, ' I would accord your right to be keeper at ten
per cent while you were actually on duty.'
" In your letter you say, ' I now see afl is going to be conclud
ed in harmony, and from this time forward, I agree as you pro
pose,' &c. (b)
" In your letter of lllh November, you say, ' I wfll consent that
Davenport's salary be charged ; but never relinquish my ten per
cent' &c., meaning the ten per cent during the sales which Mr.
Davenport had the charge of making under my instructions.
" It is rather to be regretted there was ever any attempt made
at adjustment To claim the payment for services not rendered,
is something new, in your list of claims and wrongs. It goes
expressly to deny my right to displace you, as ice-house keep
er, (c)
(b) Note here, that even the letter referred to by him does not admit of being
applied to his purpose, except by stopping short at the words, " as you propose,"
and supplying the place of what follows by a convenient "&c." On referring to
my letter, it will be seen that the very sentence, here so dexterously clipped by
him, establishes clearly the sense in which his proposal was understood and ac
cepted by me. Immediately after the above words, and without so much as a
comma to separate them, my letter runs, " in that, the suits are concluded, each one
paying his own costs, by the rule of adjusting costs, which the court may have
established in processes; and, now, that you acknowledge my right to the fifth and
ten per cent, on the gross sales of the ice-house, there exists no motive of difference
between us "
Does not this explain the sense in which I understood his acknowledgment of my
right? Had he never been informed by his representative. Bacon, that I specially
insisted, as a sine qua non, upon my ten per cent, during the period of my unlawful
deforcement? And even if he had never been so informed, would not my mean
ing have been made clear, beyond doubt, by my speaking of his acknowledgment
as putting an end to all " motive of difference between us ? "
(c) This denial, it must be confessed, — particularly after the decision of the
Supreme Court, — was a thing unheard of before ! Consequently, if there was
any such tendency in my claim, as the one here pointed out, it also must have been
"something new."
But, to be serious : if he meant here, that the claim was " new,'' as coming from
me, the assertion has been already sufllciently replied to. If he meant that it was
a novelty, considered with reference to the usages and the notions of justice prev
alent among men, or the rules maintained by Courts of Law, the assertion re
quires no reply; for every one knows it to be as destitute of truth as it has, in its
other sense, been proved to be. Why were the " services not rendered ? " Because
I had been unlawfully deforced from rendering them. Because, instead of being
aUowed to do so, in peace, and quiet, I had been driven, (though, from his language
after the result, it appears that Mr. Tudor had not infmc/cti to drive me: believing
that I would not have the heart to venture upon so perilous an undertaking !) — be
cause I bad been driven to establish my right to render them by a law suit, which,
even after I had astonished him by my temerity, in risking myself upon the ocean
of litigation, he had flattered himself with the idea of worrying and wearing me
away in, until the " chapter of accidents " should favor him so far, as to rid him
of so troublesome a person, or hope should die away in my bosom through failure
of the means to pursue my rights.
This was the reason why the services had not "been rendered." And where is
the Court of Equity or of Law, in the world, or where is the just and honest
man, by whom it could fail to be at once decided, that services " jioi rendered " for
such a cause, did but make the title to compensation the stronger ?

175
" Afl agreements of adjustment being now at an end, I shafl
proceed to transfer the suit from Cuba to this country.
In regard to the pretence set up by Mr. Tudor in this letter, that this claim was
an additional exception," first advanced in my letter of Nov. 11th, it has not only
been disproved, but the course pursued by him, from July to December, with re
spect to this very point, has been seen to have afforded very soUd grounds for the
belief, on my part, that the claim was understood and admitted by him, and that I
was not to consider it as being included in those " exceptions of this, or any other
kind," which, in his letter of Oct. 12, he informed me he could not admit.
Referring to what is contained on this subject, in the notes to his letter of Oct
26, I will here point to another of these grounds, contained in his peace-offering
letter, of July 8. b . f s
Besides the implied recognition of this claim, involved in his acknowledgment
of my " right to be keeper at ten per cent.," the last mentioned letter contains a
passage, which, taken in connection with the accounts that accompanied it, and
with his subsequent course respecting my correction of those accounts, constitut
ed a very strong reason, for my believing that this claim was among the things
expressly intended by him, to be acknowledged. The passage is as follows :
" The fifth interest, to the termination of the contract with the Government, to
be admitted on my part."
What does thii mean 1 Is this admission prospective merely, or does it go back,
and embrace the period during which I had been unlawfully dispossessed ?
It IS evident, that, whether we take for the rule whereby this question is to be
solved, the equity of the case, or the law, (as pronounced by all the tribunals that
had given a decision in the case,) or Mr. Tudor's dictum, it stands upon the same
ground, identically, with the same question in regard to the acknowledgment of my
right to the ten per cent. Whatever may be the solution in regard to the one, that
same solution, if true, must be true with regard to the other.
By the law, I had been recognized as the managing partner of the ice-house, and
my deprivation of the possession and management, by the act of Mr. Tudor, had
been pronounced absolutely unlawful. By this decision, my right to the compen
sation as manager, and my right to a share of the profits as partner, were so
blended, as to render it impossible to separate them for the time past. In regard to
the future alone, could this be done ; and then, only by the act of the law, except
my free consent was obtained.
If we take for our rule Mr. Tudor's dictum, we see a similar connection. He
had deprived me of the post of keeper and the compensation attached to it, be
cause he possessed the right to do so. He had declared my fifth interest to be
forfeited, and had appropriated it to himself, because he possessed the right to do
so. Both rights were claimed in virtue of one and the same contract. It is true,
that the one was claimed absolutely, and the other, only as contingent upon my
refusal to acquiesce in the exercise of the former. But this ground of distinction
had become obliterated, the moment he had declared that, the case of forfeiture
having arisen, the forfeiture had been incurred, and the confiscation had been
made. Fiom that instant, his contingent right had become no less absolute than
the one which was so originally; and his right to deprive me of my interest and
of the profits thereon, was of exactly the same character as his right to deprive
me of the post of keeper, and the compensation attached thereto. All right on my
part to either, was gone.
Such is the result of the application of Mr. Tudor's dictum to the question.
'When, therefore, by his letter of July 8, he made known to me, that he had come
to the conclusion to acknowledge my right to the compensation, and to admit my fifth
interest, what ground had 1 for supposing that the same rule was not to be appUed
to both? What reason existed for supposing, that if the admission was to be re
trospective, the acknowledgment of right was not equally so? If the one extended
back to the time when Davenport's unlawful possession began, what reason was
there for supposing that the same extension was not to be given to the other '
When, therefore, upon examining the accounts transmitted with this letter, I
discovered that credit had been given me for my fifth share of the proceeds, but

176
" In the meantime, my contract with the Cabildo not admit
ting that I should not continue to ship the ice, I shafl make the
necessary shipments, and allow you as ice-house keeper, twelve
hundred dollars per annum, and leaving it to the Courts to de
termine whether you have or have not, by your injurious pro
ceedings, forfeited your conditional interest in the contract
not for the ten per cent. ; and when, in answer to my letter particularizing this
omission, as one in regard to which the account required correction, I received
Mr. Tudor's reply, acknowledging " many material errors," and ascribing them to
his book keeper; (a person who, though accurate as a mere accountant, might be sup
posed to have misunderstood Mr. Tudor's views and intentions respecting the
principles on which our account was to be stated,) — under all these circumstances,
what reason had I for not supposing that the omission so pointed out by me, was
one of those bookkeeper's "material errors," for the purpose of correcting which
the accounts would have to be " all gone over again ? "
It is true that Mr. Tudor, in the letter now under examination, (Dec. 16,) points
to the quaUfication, " while you were actually on duty," attached to the acknowledgment
of right contained in his letter of July 8. The import of these words has already
(see notes to his letter of Oct. 26) been under examination, and the qualification
has been seen to be essentially inapplicable to the past, and entirely prospective.
But waiving this, and confining ourselves strictly to the mere comparison of the
two ; if Mr. Tudor could point to this qualification, in proof that he did not intend
his acknoivledgment to be retrospective, why could he not point to the quaUfication
attached to his admission, in proof that his intention had been the same with re
gard to <Aat likewise? With regard to the letter, he says: "and the right to the
fifth! tvhile you performed the condition." And he goes on, too, laying great stress up
on the point, that my right to a fifth of the proceeds was a purely precarious one,
"always" depending upon the performance of the condition; and then affirms, that
the condition had not been performed during the past two years ; although I had
"mow apparently " returned to this duty, and hence his willingness lo return it.
As evidence of any such intention on his part, as that of restricting to the time
future, the operation of his acknoivledgynent or of his admission, the qualification
attached to tlie latter, is therefore, decidedly the stronger.
When, at the termination of his six months fit of cajolery, he found himself
once more ripe for war, he might have taken this ground in regard to the latter,
with a somewhat better face than he could in regard to the former. In the posi
tion wherein his own letters, (when viewed in connection with mine,) placed him,
had he, in December, thought proper to take the ground, that his intention had
never been to allow me the fifth share of the proceeds,/or the time I was " not fulfil
ling the condition; " and that the credit for such fifth in " the account rendered by
Mr. Cabot," had been one of the " many material errors," committed through said
book keeper's misconception of his (Mr. Tudor's) principles of adjustment; had this
ground been taken by him, his July letter would actually have furnished him with
a better pretext for it, than the one drawn from the same armory, resorted to by
him in justification of the position which he did assume. And if, in regard to the
ten per cent, he could say, " to claim the payment for services not rendered, is
something new in your list of claims and wrongs;" could he not with equal
truth, justice, and wit, apply the same taunt to the former, and say, " to claim, in
regard to an interest which you had forfeited absolutely, and which my magna
nimity has restored to you, the profits during the very period when you were en
gaged in harassing your benefactor with cruel law suits, proves you to be deeply
read in the code of gratitude no less than of law."
Of the two taunts, the latter would have been the better in the point of plausi
bility : for, whilst the former, consisting as it does of a mere denial of an uni
versally recognized rule of law and justice, is absurd upon its very face, the
former is made up, in a great measure, of untruths which are not so obvious, and
to which Mr. Tudor has contrived to give circulation, wherever his word is relied
upon.

177
" My insti"uctions to you are :
"1. Forlhwith to remit, in good bflls, endorsed by a good
house in Havana, eight thousand doflars.
"2. To remit, at ihe end of each month, the whole of the re
ceipts of the ice-house; deducting the current expenses, and your
salary, pro rata, of twelve hundred per annum.
" 3. You are at liberty to refuse the $1200, of course ; but, if
you do so, you must put in a good and capable man to perform
the duties, render me accounts, and deposite the money where it
wifl be accessible to me. [Moderate requirement! Mr. Tudor
must have supposed that ' excellent men,' were no less abund
ant at Havana, than at Boston. See Appendix, (E).]
"4. If these remittances are not made, but the money detained
from me, the interest at twelve per cent, you have to allow.
" The high rate of interest, it is necessary for me to charge,
because I have negotiated a loan, on perfect security, for $ 30 m.;
for which I have to give ten per cent per annum. My money,
therefore, in Havana, without security, is worth to me at this time,
twelve per cent
" In no case whatever, if you refuse to remit my moneys, can
I take less than the rate I mention and be just to myself; but I
do not wish them kept even at this rate ; my want of money at
this time being particularly urgent
" Postscript Respecting the interest for moneys you may de
tain against my instructions, you will observe, I offered you
eight per cent, wilh the premium on bills, for the loan 1 lately
wished you to negotiate. This premium was about four per
cent, which would make up the amount of twelve per cent,
which I offered myself.
" I propose to demand here, monthly, the amount of the sales
as they occur, unless remittances are made according to instruc
tions above."
Referring to the remarks contained in the notes, I wifl point
out one additional particular in which this letter affords evidence
of the writer's character, and respecting the reliance which is to
be placed in the correctness of his statements.
The general purpose for which this letter was concocted, is
seen to be, to lay the ground work for the pretensions he meant
to advance in the law suit, then still in embryo, but upon the
point of springing forth, Minerva-tike, from the brain to which
he had, in Feb. 1835, been indebted for his accuracy of recollec
tion in regard to what he had " all along understood," to be the
exact nature of our respective rights. Collateral to lhis purpose,
is that of intitnidating me into making an immediate remittance
of the sum demanded, and of afl future moneys arising from the
23

178
ice-house sales ; he, afl the while, holding back the accounts from
which alone I could know what was due to him ; which accounts
he had once pretended to send, and, upon the detection of their
eiTors, had promised to transmit a new edition of.
Among the particular purposes embraced in the general scheme,
one is seen to be, to estabflsh a gi-ound on which (pretty weU
assured that his intimidation-attempt would prove a faflure) he
might hereafter claim to be aflowed an interest of twelve per
cent, upon the moneys so demanded. Seeing that the rate of
interest aUowed by law at Havana, even upon a debt proved, is
only six per cent, this attempt to set the law aside, by the virtue
of a mere notification from Mr. Frederic Tudor, is sufficiently
ridiculous, and in good keeping with the rest of his doings. That
he was not altogether insensible of its weakness, is shown by his
labored attempt to justify the higher rate, by an argument found
ed upon the peculiarity of his position, at the moment, as a bor
rower. By way of bolstering up this argument, he recurs to the
subject in a postscript, and produces another, resting upon the
assertion that he had himself lately offered me twelve per cent
Now, this assertion is altogether untrue ; and its untruth is
rendered the more particular, and special, and pointed, by the
manner in which he tells it, by way of making it good. He says,
" I offered you eight per cent, with the premium on bifls, for the
loan I lately wished you to negotiate. This premium was about
four per cent, which would make up the amount of twelve per
cent" The proposal here referred to is the one contained in his letter
of Oct. 6, already spoken of in the proper place. It had not
been an offer to me, but a " request of you to assist me in this
matter by making a negotiation for me ; " which negotiation was
to be founded upon a pledge of the ice-house income. But the
important point now is, at what rate of interest did he then pro
pose to obtain this loan ? The answer shall be given in his own
words : " I have therefore to request of you to undertake to as
sist me in this matter by making a negotiation for me, to effect
on reasonable terms my wishes while bills on this country are to
be had at a discount. Out of this discount I expect to be able to
pay afl the premium which the lender would require, and to pay
about at the rate of eight per cent, per annum on the sum wanted."
In other words, although the rate at which the money may be
borrowed for me shafl be twelve per cent, yet, as I (Mr. Frederic
Tudor) shafl gain about /owr per cent in the purchase of bifls, I
shafl in truth only " pay about at the rate of eight per cent per
annum." Behold ! again, tiien, Frederic Tudor, Esquire, painted by him-

179
self. Here is a new specimen of the accuracy of his statements,
and of the exactness with which he can tefl us what he has " afl
along understood." And this, whether the subject in regard to
which his memory and understanding are taxed, be one that
carries him back three months merely, or eleven years. What
ever the time may be, 'tis afl the same to him ; he is always
ready, always sure, and always exact. Let it be supposed that
this negotiation had taken place, and that I had chanced to lose
his letter of Oct 6. Let it be supposed that I had obtained the
loan for him at twelve per cent, and had paid this interest, and
charged it in my account And suppose, that at the end of one,
two, or more years we had come to a setflement Under this state of
the case, can it be supposed further, that if the circumstances had
been such as to require it, Mr. Tudor could have been otherwise
than perfectly sure, that he had not authorized me to borrow this
money on his account, but had only proposed to borrow it of me ?
Can it be supposed that he would not have been absolutely cer
tain that he had expressly stipulated that I should not charge him
with more than eight per cent, and that he had taken the trouble
to explain to me, at the time, how I could gain for myself four
per cent upon the exchange, so as to complete the twelve per
cent usually paid at Havana ? Can it be supposed by any one,
that he would not have been positive upon the point, that he had
" all along understood " this to be the nature of the transaction ?
Besides its value in this respect, Mr. Tudor's postscript de
serves attention in another point of view. It here leaks out, that
the money which he requested me to assist him in borrowing
from some one else, he secretly intended and expected that I
would step forward and advance to him out of my own pocket
At least, he tells us that he made the offer to me ; and this is a
point upon which he was more likely to recollect the naked truth
itself, in regard to what he reafly intended, than the particular
wrapper for it which he had happened at the moment to take up
and to use. This naked truth serves to throw an additional ray
of light upon the nature of the game, in which Mr. Tudor's July
letter was his first move, and his December letter the last
Two days after writing it, to wit: on the 18th December, 1837,
he instituted a suit against me, founded upon the averment
(which, if I mistake not, has to be sworn to) that I had received,
and refused to remit, money of his to the amount of twenty thou
sand dollars, (d) And upon the strength of this, he obtained an
(d) Just one month before, (see preceding letter of Nov. 15,) he had written, " the
balance now due me must be about eight thousand dollars." This was his own esti
mate. And this even could be arrived at only by throwing " out entirely the pre
ceding accounts." See preceding reply of Dec. 21, and also note, (x.)

180
attachment upon my property at Boston to the extent of $25,000 ;
an attachment which [through a further act of diplomacy of his,
as wfll hereafter be seen] subsists lo lhis day, and has done me
serious injury; for which, possibly, I may one day be indemni
fied. ^ ^.
Mr. Tudor's Letter op Dec 18.— On the same day, his
-memorable "fixed determination," respecting the price of ice,
awoke from its three years' sleep ; and, as will be seen from ihe
foflowing extracts, displayed an energy proportionate to so long
a steeping in the invigorating element:
"I now give you positive and unconditional orders, immedi
ately upon the receipt of this letter, to reduce the price of ice to,"
&c. &c. " I require that you obey these orders to the letter. If
you do not, I shafl seek my remedy. I wfll not allow you to
evade the execution of these orders upon any pretence whatever.
I demand of you entire and unconditional obedience." He
winds up by saying he is " not wflling to have my interest suffer
and the public be abused, hy the exorbitant price whicn has loo
long been demanded for ice at Havana, in consequence of your
refusal to obey my orders."
It does not occur to him here, to inform us what he had " all
along considered" to be the cause of this iniquitous extortion,
during the recent period of about two years and tv;o months,
when the establishment had been in the possession of one most
ready " to obey orders;" a possession which, we have seen, be
gan through no other cause than the difference then dividing us
upon this very point! Why had he not seized the golden op
portunity for giving these orders, during the period when his
agent had, in pursuance of orders, informed me that my presence
in the establishment was an " intrusion," and that it was Mr.
Frederic Tudor's sovereign will and pleasure, that I " must no
longer harbor there?" His conscience had, it seems, at length,
roused up, to reproach him with the consequences of her own
sleepy-headedness. I say his conscience, because it is to this
alone that the determination could be ascribed. It could but
proceed solely and purely from his regard for thai innocent " pub
lic," which had been so long " abused." To be sure, he says
that one of his motives is, that his own "interest" may no longer
suffer. But this is nolhing but an artifice of his humility, to
cover up, as far as possible, the noble generosity towards the
public which his conscience had kindled up, to warm her
numbed limbs by.
When it is considered that our Privilege had but one year
more to run, and that nothing but dead loss could ensue f'rom
the reduction, unless the demand should instanfly become about

181
treble what it had grown up to be in the course of about thirty
years' vegetation ; when it is considered, that to yield the same
net profit even, something like three pounds of ice would have
to be called for where one had been called for before ; and that
this change must take place instantly, — who can befleve, for a
moment, that Mr. Tudor was actuated by a calculation of " in
terest? " Perhaps, however, I ought to say of our interest; for?
although it is evident that our interest must have suffered, and
consequenfly mine, yet, wilh regard to his own share of the suf
fering, he might possibly have had ulterior views, affording a
promise of remuneration after our Privilege should have ex
pired. Be this as it may, one thing is certain ; that, so far as
the proposed reduction was to bear upon me, it was, on his part,
a most disinterested sacrifice to the dear " public." With respect
to the short remnant of our Privilege, he was aware that the
almost certain effect of the reduction would be to reduce even
the gross amount of sales about one half; and with respect to
the future, he flattered himself that the year 1838 would see the
end of Mr. J. W. Damon's interest in " the Havana ice-house ;"
a new contract must then be made, and this Mr. Tudor would
take care to secure for the " rightful proprietor," himself; after
which, Mr. D. should be welcome to dispose of his share of the
building to any one who would give him a cent for it This was
the calculation.
On becoming apprised of this new move of Mr. Tudor, I
wrote to the friend upon whom the attachment had been served,
saying: " Your favor of the 19th uito. is before me. I must say that
I did hardly think Mr. Tudor would have broken out again in
such manner as he has ; but slill, there is no telling what one
will do, particularly one so choleric as he. I know not how he is
going to act, nor in fact what it is he claims; therefore we know
not how to answer. It is, I should think, impossible for him to
make a suit in Boston, on account of the administration of the
ice-house, because that has been decided in my favor here."
My Reply. — On the subsequent day, I replied to Mr. Tudor
as follows :
Jan. 6, 1838. " Sir : Your letters of the 16th and 18th 'of
December, uito. are received, and unhappily I see thai you have
come out against me again ; that you are not only desirous of
law suits, but, according to a letter from Mr. Hobbs of the 19th,
you had already commenced by suing me for $20,000, and trus
teeing him for $25,000. I am ignorant of what may be the
cause, and your object, of this judicial presentation ; but be they
what they may, you may rest assured that it does not intimidate

182
me, for my proceedings have been just and conformable to the
rights which I have, as an associate in the ice establishment.
" Some time since, you ought to have replied to me respecting
the accounts, either approving or making your objections to, or
observations upon them ; for without this requisite, we shafl not
be able to ascertain our respective balances. In the same man
ner, it is necessary to setfle the account of Mr. Davenport ; cred
iting the ten per cent, commission which belongs to me as
per our contract
" It is not my wish to have disputes and law suits ; let us then
act in good faith, and all our dififerences will be adjusted on the
principles of justice.
" You are well aware that, by sentence of the tribunals of this
Island, in the unjust suit carried on against me by Mr. Daven
port in your name, it has been decided that the administration of
the ice-house belongs to me ; and, although as a partner, you can
instruct me in the mode in which it is to be conducted, neverthe
less, you have no right to injure or lessen my interest through
resentment or revenge. I, therefore, consider the reduction you
propose in the price of ice, to be highly prejudicial, because it
will result to the benefit of the ice-cream makers only ; private
families will not consume any greater quantities than they do
now, as the reduction "wifl not be an object to them to increase
the consumption.
" So sensible are you of these facts, that on a former occasion
you desisted from the same project, being convinced of these
truths. " Let us then come to a settlement of our accounts, that there
be no longer any differences between us ; for, I repeat it, I do not
wish to have disputes and law suits, but at the same time I will
not consent to be injured."
To this reply, I will here add what I wrote to him three months
after :
" The part of the profits belonging to you is in my trunk ; and
the reason I have not remitted it is, your refusal to make out, and
settle accounts of three years standing. When this is done, and
you shafl have raised the interdict on my property and person, I
shafl have no objection to remitting your part of the profits; but
untfl then, I shall."
Review of the Year 1837. — Thus closed the year 1837. It
divides itself, as we have seen, into two periods. The one com
menced with quite an ingenious attempt, by avaiflng himself of
my critical position, as his security, to surprise and temfy me
into a surrender of the right just adjudged to me by the Supreme
Court The beginning and progress of the second, is marked

183
by a no less gkflful manoeuvre for drawing me out of my citadel,
and inveigling me to a banquet of " peace and amity " for the
present, and enlarged prosperity for the future, at Boston.
In regard to the latter, we have seen, that, so late as the begin
ning of December, Mr. Tudor kept on writing to urge me to re
pair to Boston ; "perfectly convinced, as I am, that there is no
real disagreement between us." We have seen, too, that when,
on the 16th of that month, he considered the moment as come
for firing his new mine, he had to resort to untruth, — and did
resort to untruth, not in one shape solely, but in several distinct
forms, — in order to reconcile these reiterated perfect convictions
of his with what seemed the most plausible pretext he could lay
hold of for declaring " afl agreements of adjustment at an end ;
and commencing his ingenious preparations for my reception at
the banquet to which I had been so entreated, by suing out the
'writ above mentioned.
It remains only to remark, that when this deed was done, he
knew perfecfly well, that, before any notification of it could reach
Havana, I should either have decided not to visit Boston that
winter, or should have already left " about Christmas time or be
fore," so as to " come on our coast before the severe weather
sets in."
In the former case, further delay on his part could serve no
purpose. The latter, however, is what he wished and hoped for ;
we must either believe that he had taken the trouble to write his
reiterated urgings, and particularly his long triplicate demonstra
tion, " in a strong manner," of the " absolute necessity " of my
coming, without the least expectation of their having any effect ;
or we must believe that he expected my arrival. At any rate,
he had used all the diplomacy in his power to insure this event
Suppose me, then, — having landed at " New York or Rhode
Island," as Mr. Tudor had suggested, — stepping out of the rafl
road car at Boston, " in a spirit of amity and peace," repeating
to myself, out of his last letter " there is no real difference be
tween us;" and, out of the long triplicate demonstration, "Here
let us adjust all matters, and see what arrangements can be made
for the future as well as the present" Here then, I am once
more on the old spot; I wonder which of my old friends I shafl
first catch sight oi. I feel a tap on the shoulder, " Mr. Damon, I
befleve, sir ? " That 's my name. " A writ, sir : You will have
the kindness to accompany me to the sheriff's office, and then
send for some friend to bafl you in the sum of $25,000." But,
it turns out that Mr. Tudor has made a mistake ; his book keep
ers make so " many material errors ! " On looking further into
the matter, and particularly on taking into consideration the injury

184
to his interest resulting from my disobedience of his orders to
reduce the price of ice, and other gross misconduct, he has dis
covered that, debts and damages taken together, fifty thousand
doflars is a very small estimate. And so, $50,000 is ihe annount
now claimed, and for which Mr. J. W. Damon must find bail
But, bail such as this, Mr. D. cannot find. His early friends be
long to the " inferior class ;" and even supposing some of them
tolerably well oft', it would, taking the average, require at least
a hundred " poor miserable carpenters "to justify for $50,000.
Moreover, be they rich or poor, it does not accord with Mr. D.'s
notions of justice, that their benevolence towards him should be
abused so far as to expose them to ruin, and their wives and
children to want, through " the chances of the law." And so, he
remains in prison; the "wretch," — as he had been called by
Mr. Tudor's representative at Havana, — has got his deserts at
last He is snut:ly encaged.
Mr. Tudor forthwith despatches a new agent to Havana,
armed wilh a new " Poder Generalisimo," and with documentary
proof that J. W. Damon is in jail and " can't get out," upon the
strength of which, as the ice-house necessarily requires some re
sponsible person to manage it, said " Apoderado Generalisimo,"
contrives soon to get possession. And thus does Mr. Tudor's
July device turn out to be more effective than the January one ;
the "spirit of peace and amity" contrivance, a decided improve
ment upon the mortgage and " temporary ice-house " ma
chinery.

185

§ 11. — 1838. — Last Year of the Privilege obtained in 1830. —
I apply for a Renewal of the Privilege, and inform Mr. Tudor
of it. — Measure adopted by me to secure to him and to myself
our Respective Shares therein, on the same Terms on which we
had originally become connected. — He makes no Reply to my
repeated Inquiry, whether he consents to become a Party to
the New Privilege. — My Application is granted by the Au
thorities ; but the business of closing the Contract with them is
kept in suspense by me, wailing for Mr. Tudor's Answer. —
An Answer finally extorted from him. — Its Character. —
Power of Attorney from him, and Letter accompanying it.
Insufficiency of the former, and Treacherous Nature of both. —
This Answer leaves me no Option, but to close the Contract in
my own name. — Mr. Tudor informed of this, and that I am
still willing to admit him. — He despatches Mr. Fenno to Ha
vana, as liis Attorney. — Nature of the Power under which
Fenno is sent to act. — Proof embodied therein, of Mr. Tu
dor's Non-acceptance of my Offer, and of his Treacherous De
signs. — Settlement of Accounts with Fenno. — Fenno returns
to Boston. — Confiict between our Statements respecting what
had passed between us on the Subject of the New Contract. —
Circumstantial Evidence in support of the Truth of my State
ment. — More of Mr. Tudor's Treachery. — New Attachment
on my Property at Boston. — Bills drawn by him. — My Offer
to Purchase his Share of the Building erected in 1831 - 3. —
Demolition of the Building ordered by the Captain General.
Absurd Calumny on the Subject. — Suit instituted by Mr. Tu
dor at Havana.
We now enter upon the last year of my association with Mr.
Tudor : one in which, when least expected, my deliverance from
thraldom came to pass ; and this, through the unaided operation
of those very same qualities in my partner which had rendered
it so hard a one.
Except that I was now free, — certainly, a most material dif
ference, — from the endless petty annoyances of those two rep
resentatives of his, whom he had " never employed to engage in
brofls of a personal nature with " me, my situation was very
much the same at the commencement of l838, that it had been
at the beginning of 1837. The reader need not be told that so
far as depended on the good will of my partner, nothing was
wanting to the resemblance. I continued to transmit the usual
tri-monthly statements of sales, &c. ; but he saw fit to make no
acknowledgment of my communications.
24

186
Supply of Ice. — This was the subject on which it lay most
in his power to harass me. His course in regard to it may be
judged of from the following extracts :
Jan. 23, 1838. [To a friend in Boston.] " From the enclosed
copy of my reply to Mr. Tudor, you perceive that I do not im
mediately and unconditionally obey his letters of the 16th and
18ih December. In fact I shafl not obey them in any of then:
requirements ; nor shall I make any more remittances so long as
he continues to hold on, as he has lately expressed himself.
" Although he has said he should continue to ship ice, it may
be that he wifl not; and if he should refuse to ship, I want Mr.
 to be ready to ship, or to procure some one else to do so, in
March or April. It is likely Mr. Tudor will ship before then,
if at afl."
Feb. 11. [To Mr. Tudor.] " Although there have been sev
eral arrivals from Boston, within these few days, I have no let
ters from you of later date than the 18th December last. I fear
they may have been lost Our supply on hand wifl probably
carry us into April ; it may carry us wefl into that month ; it wifl
depend much on the sales. I have been anxiously waiting for
the accounts for the time Davenport was in the ice-house, and
also your account of disbursements for the past year. I hope
they will soon be here, likewise letters giving account of the
probable time you shall begin to ship ice here."
Feb. 21. " It is now over two months since I have any dates
from you. I hope soon to hear that you were about shipping
some ice for this place, as we shall probably be in want of it by
the last of March or the first of April. I also hope you may
soon send your revised accounts, as it is very necessary that
they should be settled, and to settle them, they must first be
made out and presented."
Feb. 22. [To a friend in Boston.] " It is possible we may
have enough ice to the latter part of April ; but if the sales con
tinue to increase as they have thus far during this month, I think
it wifl not last any longer than the first, and I hardly know what
to do about ordering some on my own account, until it is cer
tain that Mr. Tudor wfll not send any ; and to wait for this, it
wifl, perhaps, be too late for me to go into the market to buy.
There is no other way but to speak to some of the ice dealers
and take their ice, if Tudor does not send any, at the best price
you can get it; and this, I hope Mr. H. has done. If it got here
by the middle of May, I think it would be in time to prevent the
penalty. I want every care taken, and exertion made, to have
ice here by the time above mentioned, if Mr. Tudor should not
ship ; and if there should not have been any ice shipped by him,

187
by the latter part of March, I want some one to go to Mr. Tu
dor and ask him if he has shipped, or intends to ship any ice
here, and that you be governed by his answers at that time, and
one more which you must get from him about the first of Aprfl.
If about the first of Aprfl he should say that he would not ship,
or if he should give you an evasive answer, you can wait a few
days and see whether he makes any move ; and by the middle of
April, you can begin to look for a vessel, and have her safl about
the first of May. I would not wish to interfere in this shipping
of ice, if Mr. Tudor is going to do it himself ; but, if he is not
going to ship ice nor remit the accounts, but institute suits
against me and my friends, I have no other recourse but to act
as I have above directed, and I think I shall be justified in it"
March 1. [To Mr. Tudor.] " My late advices respecting the
quantity of ice on hand, and the probable time it would last, I
think wifl turn out correct."
" On the next page is an account made out, with a division of
the profits. I regret exceedingly that you have not seen fit to
revise your account for the time Davenport was in the ice-house,
so that we may be able to bring the accounts for that time to
a close ; also the amount of disbursements in Boston for the past
year." March 12. " I have no dates from you later than the 18th
December last, although vessels have arrived from Boston with
dates to the 25th ult As I have 'written you frequently, and have
received no answers, I fear that my letters may have been lost,
and I send this under cover to Mr. H., requesting him to hand
it to you. In my letters to you, I have given statements of the
time the ice would probably last, and I thought you would have
advised me when you intended to ship some more, and have
remitted the unsettled accounts. My estimates of the time the
ice would probably last, have been to the last of March, or the
first of April, and that it would be very necessary that we have
some about that time, or we shall be liable to the fine."
March 12. [To a friend in Boston.] " When you present
the enclosed to Mr. Tudor, (if he has not already sent ice here,)
I wish you to ask him, if he is going to send any ice here, and
if he is going to do anything towards remitting his revised ac
counts. If he should not have done anything towards shipping
ice by the middle, or at least by the last of April, I wish you to
ship me some, let it cost almost what it may ; and if you begin,
I want you to ship something like eight or nine hundred tons,
so that there be a sufficiency for the season. Mr. Tudor may
think hard of this, but I think those best acquainted with the
affair, will say I have no other means of protecting myself;

188
whenever Mr. Tudor wfll act in an open and just manner, I
have no disposition to act otherwise than as we commenced in
1824." March 21. [To Mr. Tudor.] " I am stfll without any letters
from you since the 18th December; although there have been
several vessels from Boston, and some quite late in February."
" I hope soon to have answers to several of my unanswered let
ters ; likewise, to have your revised accounts, and information
when some ice would be shipped."
April 1. "By the above, you see the sales of March, this
year, have not increased much on March of last year ; therefore,
there is more ice on hand than I expected there would be, some
time ago, when I was making my estimate. On the third page,
there is an account made out of the sales and disbursements,
together with a balance struck, and a division of the profits.
" The part of the profits belonging to you is in my trunk, and
the reason I have not remitted it is, your refusal to make out
and settle accounts of three years standing. When this is done,
and you shafl have raised the interdict on my property and per
son, I shall have no objections to remitting your part of the
profits; but untfl then, I shall."
April 10. " Yesterday I received a letter from Mr. J. Fenno,
informing me that the ship Canton Packet, was taken up on the
19th March, for a cargo of ice for this place, which I was glad
to hear, as we shafl soon want some."
Thus ended my suspense and anxiety on this subject.
Renewal of Privilege. — This was the subject, Mr. Tudor's
course in reference to which, proved the cause of my final de
liverance from all connection with him. It is one to which I
bespeak particular attention. Considered in itself, it affords, un
less I greatly mistake, sufficient grounds for a judgment regard
ing the respective merits of my course, and that of ray partner.
And yet, the reader who has favored me with his patience thus
far, wifl be ready, I think, to testify that it is impossible for any
one to do justice to my partner or myself, in regard to this final
transaction, without that previous knowledge of our respective
characters and positions, which is afforded by the facts that have
passed under review, beginning with his " Memorandum of Pro
posal" in 1823. Above afl, is it indispensable, that he should
be acquainted with the course pursued by Mr. Tudor through
out the year 1830, when the last renewal of the Privilege had
been obtained by me. With this caution to the reader, I wifl
no\y produce the few remaining links of that chain of facts,
which I have thought it due to myself to lay before the public,
as my reply to the misrepresentations of my soi-disant palron
and benefactor.

189
Feb. 21, 1838. [To Mr. Tudor.] "I had an intimation some
time since, that there might possibly be an application for a con
tract for supplying this city with ice after the present one ex
pired ; and, to be in advance of any one in this business, I pre
sented a memorial asking the prorogation of the present contract
I am told that Mr. Davenport immediately made a stir, and I
hear M  's name is connected with him in it It is said
that D. in this stir, styled himself ' the ancient administrator of
the ice establishment^ &c. ; (antiguo administrador, &c.,) and I
am also told that the future contract, so far as the Cabildo is
concerned, is secured for ten years, on the same conditions as
the present one is, and it now only waits the approbation of the
Intendant respecting the tonnage duty."
" P. S. By the words ' same conditions,' &c., it is understood
that the contract is for a medio the pound; the penalty $4,000,
in case of a deficiency of ice for twenty days in succession ; and,
that it is taken jointly in your and my name, four fifths and one
fifth." Feb. 22. [To a friend in Boston.] " You see the new con-
bract is to be for Mr. Tudor and myself; but there is a clause to
be inserted in it, that if Mr. Tudor does not accept of it, then it
wfll belong to me without any further proceeding. It may be he
wifl say as he did when I obtained the present contract (e) If
so, it wifl be mine, if I am alive and have my heaflh."
(e) See the events of 1830, and particularly towards the close.
The following extract from my memorial to the Cabildo, will show exactly the
footing on which I had placed the subject. The application for the Privilege was
made by me, and in my own name solely. I had no authority from Mr. Tudor to
act in his name, and the reader need not be told, that, — in regard to him, of all
men,  such a step was not to be ventured upon, without the most express and
unquestionable authorization. Nevertheless, he was made secure by the following
clause : , j. ,<¦ i
" In the understanding, that I, the undersigned, take the contract for myselt and
for Mr. Frederic Tudor, of the City of Boston, (the contractor and my partner in
the contract which expires this year,) on the following terms : I am to have, be
sides the administration on the same terms as before, one fifth part in partnership
with said Tudor, who is to possess the other four fifths ; or we will come to such
agreement on the subject, as may best suit us ; and in the unexpected event, that
Tudor should not accept either of these alternatives, then and in that case, the
undersigned to have the contract to himself alone," „ , , . , ^
This if I mistake not, wiU be viewed as precluding aU doubt in regard to my
intentions towards Mr. Tudor; and as fully justifying the assurance in that respect,
given bv one of the members of the Ca'oildo to the lawyer, (the one employed on
the part of Mr Tudor in our suit of 1S35-6,) whom Mr. Davenport had endeav
ored to enUst in the opposition got up by him, to my application for the Privilege
Mr Davenport, — under the pretence, if I mistake not, of being actuated by zeal
for Mr Tudor's interests, — got up the opposition just mentioned, and urged the
lawver formeriy employed by Mr. Tudor, to second his efforts But, on receiving
the assurance above referred to, this lawyer was satisfied; and, — owing no doubt,
to his refusal to have anything more to do with Mr. Davenport s machinations, —
the opposition was desisted from.

190

March 12. [To Mr. Tudor.] " I wrote you on the 21st uito.,
that, so far as the Cabildo was concerned, I had got the present
contract prorogued for ten years; and that it waited the consent
of the Intendant, for the reUnquishment of the tonnage duty.
This has not yet been done, but I have hopes it wifl be before
long." March 31. [To a friend in Boston.] " As it respects the suit
in Boston, I know nothing about it Mr. H., on the 9th, knew
nothing ; and I think it will remain as it is, for a trap, so that
if I should ever arrive in Boston, the trap would be sprung
upon me ; and that was probably the intention when the de
mand was made, thinking that I would arrive without any
knowledge of what he had been doing, until the summons
should be presented, and perhaps, an order for prison, or secu
rity in the sum of 20, 30, or 40,000 dollars. In such a state, I
should have been rather badly off; and so I shall be, if Tudor
can keep the suit hung up over me as long as he pleases.
" The Intendant has granted a suspension of tonnage duty on
ice vessels for five years, from 31st December, 1838. This I
shall communicate to Mr. Tudor, probably, to-morrow."
Apiil 1. [To Mr. Tudor.] " I have just received informa
tion, that the Intendant has agreed to suspend the tonnage duty
on ice vessels, for the space of five years, commencing the 1st
January, 1839."
April 21. " I observe what you say in your letter of 24th
March, about current expenses, &c. I have seen no account of
current expenses in Boston or Havana, excepting those made
out by me, and forwarded to you from time to time, for more
than three years past. I have asked accounts of you frequent
ly, but as yet, have not received any. I am well aware of the
existence of an indenture made the 28th March, 1831, and I
have always considered it valid. In one of your letters of last
year, you said, ' in addition to the $ 2500 agreed to be sent here,
to cover disbursements, from the first proceeds in Havana, is to
be added, $ 600,' &c. The impression on my mind is, that
there was an understanding, if not committed to writing, that
$ 2,000 were to be remitted in afl May or June, for disburse-
This incident, viewed apart from all the facts with which it ivas connected, will be
seen to be of a nature to afford ground for a plausible charge of ill-faith against
me. And, accordingly, it has been used for the purpose. I have been represented
as having circumvented Mr. Tudor, by means of a solemn assurance, that I was
seeking to obtain the contract for him. At this calumnious misrepresentation,
the reader will feel no surprise; but what will surprise him is, the fact that the
incident which has afforded the prete.xt for the calumny, has been made the ground
of a judicial decision, recognizing Mr. Tudor as the four fifths owner of the con
tract [See Appendix (A)] entered into by the authorities with myself alone!

191
ments in Boston ; and it appears to me, that remittances have
been made in that manner untfl last year, when it could not be,
on account of the paper made in the Consulado, by Mr. Bacon.
These $ 2000, in all May or June, were considered as money
sent on to be used for disbursements, while the account was
making out. As soon as I get through with the Canton Packet,
I wfll make a remittance for disbursements ; and I am sorry
that you wifl not make out accounts, so that we may come to a
setflement." May 9. " Enclosed you have an account made out, of sales
and disbursements for the past month, together with the second
of exchange on Messrs. A. & R., for disbursements in Boston
for this year ; and, as I wrote you in my last, covering the first
of exchange, as soon as you wifl make out the accounts, we wfll
settle them, I have requested you many times, that you would
send me the items of Davenport's accounts of sales and dis
bursements, for the time he was in the ice-house, but receive
no answer. I would wish to know whether you have received
those letters or not ; if you have not, I will send you duplicates ;
if you have received them, I cannot conceive the motive you
have for not sending them to me. It certainly is nothing more
than right that I should have them. If you had sent them at
the time I first requested them of you, our accounts would long
since have been settled.
" YoM never have said anything in answer to my letters on the
renewal of the contract with the Government. I would like to
have your opinion on that subject, of approbation, or disappro
bation; and, for fear that my letters to you have strayed away, I
send this under cover, and beg that you would give your reply
immediately to that person, so that he may convey your opinion to
me. The opinion above mentioned, is intended and understood to
be, whether you accept of this new contract or not ; and your
reply is expected to be definitive."
May 9. [To a friend in Boston.] " I have written to Mr. Tudor
several times about the new contract ; that is, I told him I had ap
pUed for a renewal ; and then told him I had obtained it, with
the exemption of tonnage for five years. I now write to him to
tefl me positively, whether he accepts it or not ; and I inclose the
letter to you open, so that you may read it, and then seal it, and
eflher hand it to him yourself, or get some trusty friend to do so.
I want to force an answer from him, either accepting of the new
contract, or refusing it Although I think I should have been jus
tified in obtaining the contract for myself alone, yet I could not
but offer ajjart to him, notwithstanding his conduct toivards me."
May 12. " Yesterday a Spaniard by the name of  put

192
into my hands, two papers, said to be the copies of a writ served
against my property in the County of Suffolk, and against you
as trustee ; together with the sheriff's return, saying he had at
tached afl my real estate in said County, and afl credits, &c. in
your hands, and on account of my not being an inhabitant or resi
dent of said County, the Court issued its order or rule, author
izing Tudor to notify me by sending authenticated copies of said
writ and rule to appear before said Court to answer to said writ,
&c. Now, to-day a cargo of ice arrived, and a letter from Mr.
Tudor, saying he had taken up another vessel for ice for this
place ; so I shafl be very busy on ice for some days to come, and
shall not be able to do anything towards sending on my defence.
But if nothing happens to me, I wifl attend toil as soon as lean,
and, in the mean time, I wish you would employ some good, en
ergetic lawyer to attend the Court, and (if the case should be
brought forward when the Spaniard makes his return of having
notified me) to have the suit put off for another term ; and also
for the said lawyer to get all the information he can, and write
me what is wanted, and what I must do; that is, whether I must
send on old setfled accounts, or any letters of Tudor's, or what ;
for I declare I owe Tudor no such sum as he has declared in
said writ I may owe him something; but there is no tefling
how much, until he renders his account for the time Davenport
was in the ice-house, (and I despoiled of my property.) These
accounts, I have requested of Tudor, time after time ; and
he makes no reply since he said he had found material errors in
them, and it would be necessary for him to go all over with them
again. When Tudor makes out his honest and just account, I
shafl be ready to settle with hirn ; and if it should be found that
I owe him one dollar, or twenty thousand, he shall not wait one
day for his pay ; more than this, I cannot say ; less, I have no
disposition to say. But, to remit money to Tudor, and let my
funds get into his hands, as I did from about 1827, up to 1834,
I shall not. I remitted him, a few days since, $3000, to defray
the expenses of shipping ice here this season ; and I shall remit
him no more until he sends in his just account."
June 21. [To Mr. Tudor.] " There are vessels from Boston
as late as the 24th May, yet I have nothing from you in answer
to my various inquiries respecting the new contract."
July 1. " I have been waiting anxiously for you to remit the
accounts for the time Davenport was in the ice-house ; so that
we might setfle them ; and then, the subsequent ones. / have
written you a number of times, respecting the renetving of the
contract with the Government for the supply of ice. On this
neflher, have you written me a word, and I am at loss to conjee-

193
ture the reason why you have not; but if I do not hear from you
soon on this subject of the new contract, it will be understood and
taken for granted, that you do not accept of the contract lately
made with Government."
July 11. " Your letter of 1st uito., acknowledging receipt of a
bfll, on Messrs. A. & R. of $3000, is received ; but you make no
ANSWER to any part of the letter covering that bill."
At length Mr. Tudor saw fit to break his long silence in the
foUowmg letter, received by me on the 19th July, from the open
ing words of which, it seemed that the plan which I had adopted
of propounding my final interrogatory, in regard to the new
contract, through a third person, had not been entirely without
effect. June 22, 1838. " Col. Hobbs has furnished me with your
esteemed favor of 9th uito. ; many others, with sales, are at hand
regularly. Y^ou have not said anything respecting the new con-
tiact which makes it objectionable, and I now inclose you Pow
er of Attorney lo execute it, requesting copy of the contract on
sealed paper and also of the bond.
" As you had objected in advance to the principle on which
alone I could make out the accounts, also hold out unbounded
additional exceptions to be taken, I have heretofore considered
it not necessary to forward them ; but as not sending them is your
only ground of possible complaint against rae, and as it may be
your intention not to continue in endless contests, — that you are
wifling to concede as well as to be conceded to for peace, — as
agreed in your letter of Aug. 28th, 1837 ; — in this hope I send
the accounts, in conformity with my letter of July 8th of the
same year.
" I send them so made up as to give you the ten per cent on
gross sales v/hile you have been on duty, as ice-house keeper,
and one fifth interest; but if they are not promptly settled, (/)
my sending them in this form must not be construed into an ad
mission of a right belonging to you, lo charge the ten per cent
or the one fifth interest I make this reservation to avoid future
misconstruction of my motive in making the accounts in this
form. I make in this settlement large concessions, [g)
(f) The events of the past year, — to look no further back, — had been sufficient,
one might have supposed, to convince him that I was not to be terrified into the ac
ceptance of accounts, full of " material errors."
(g) It will not escape attention that here, — in the very letter inclosing his Power
of Attorney, — is an emphatic reiteiation of his old_denial of " a right belonging to "
me, not only in regard to the ten per cent, but in regard also to my "fifth interest."
In stating his accounts in such a way as to "give " me the ten per cent, and one
fifth interest, he makes " large concessions," for the sake of a prompt settlement of
these particular accounts. But he protests against these concessions being " con
strued into an admission of a right belonging to " me.
25

194
" Having but faint expectations (from the general tone of your
late letters) that an adjustment can be effected, I am making my
arrangements to come with my family, to reside the next winter in
Havana. I shafl then, at my leisure, place my business on a
proper footing. I have been too long absent from Havana." (h)
The Power of Attorney accompanying this letter was as
follows :
" Know afl men, &c., that I, Frederic Tudor, &c,, do hereby
ordain, constitute and appoint John W. Damon, of Havana, in
the Island of Cuba, to be my true and lawful attorney, for me,
and in my name, place and stead, to sign, seal, execute and deliv
er, in due legal form, a certain contract, made by the said Damon
with the Cabildo and other authoiities of the city of Havana
aforesaid, for supplying the said city with ice for ten years ; and
also I do hereby further authorize and empower the said Damon,
in my name, place and stead, to make, sign, seal, execute and de-
flver, to the content of the Cabildo and other authorities aforesaid,
a sufficient bond for the faithful performance, on my part, of the
stipulations and agreements in said contract set forth, on my part
to be done and performed ; hereby giving and granting to my
said attorney full power in the premises, to do afl lawful acts.
After all that the reader has seen of Mr. Tudor, he will learn without much sur
prise, that this letter was concocted by Mr. Tudor's legal adviser and conveyancer
and junior partner, .Tames W. Fenno, Esq.; and it was concocted with an express
view to the contesting of the very right here protested against ! For this, I have
at least the word of Mr. Fenno. Although the fact itself affords not any ground
for surprise, on the part of any one acquainted with Mr. Tudor's previous mode of
proceeding towards me, on numberless occasions, yet the circumstance of its being
made known to me by Mr. Fenno, does, I am aware, seem rather strange. The
reader knows, however, that diplomatists are not always as discreet as they should
be ; and that the desire of giving themselves consequence in the eyes of others not
unfrequently gets the better of prudential reserve. For the fact that this piece of
information was derived by me from Mr. F , I can give to the reader nothing better
than my word, unless Mr. Tudor and Mr. Fenno should see fit to be examined un
der oath in regard to the secret history of the letter. That the particulars relating
to it which I give as derived from the latter gentleman, are, if an invention of mine,
at least not a neiv one, is proved by the following extract from a letter to a friend in
Boston. Speaking of the proceedings instituted at that place, by Mr. Tudor, as
calculated to drag me again over the same old weary way that I had been compeUed
to travel in my two years suit at Havana, I say :
Jime 7, 1839. " This is just what Tudor wants. It is what Fenno [in his last
conversation, wherein his discourse partook of the warlike] said they inlcndedupon,
when they wrote me the letter of the 22d June, 1838, accompanying the power
which Tudor sent me, to make the contract in his name. You will see, on turning
to that letter, that it is a cunningly written one. It was (as Fenno said) written
by him; and although the first of it came in Tudor's hand, the dupUcate came in
Fenno's, signed by Tudor."
(A) The reader knows that I had long been of the very same opinion ; particu
larly during the seven long years throughout which it had been his pleasure to leave
me to contend, single handed, with the numberiess and endless difficulties into which
1 had been entrapped by his "just generosity," in seUing me a share of his "any
Privilege. •'

195
matters and things which may be necessary for the purpose of
making and effectuafly concluding the contiact aforesaid, and of
giving the bond aforesaid." ^
On perusing this document a doubt arose in my mind wheth
er it could answer the purpose. My determination had been,
that the footing on which I should stand with respect to my part
ner, under the new Privilege, should be such as to preclude all
room or pretext for quibbles in regard to its precise nature. My
measure of experience was now full in regard to the natural con
sequences of being in any way dependent for my peace and
quiet upon any discovery which he, or any learned counsel of his,
might at any time make respecting what he had " cdl along con
sidered " to be the terms and conditions of our^ — association. I
was about to say partnership ; but the reader is aware that in our
law suit, and even subsequently to its final decision in my favor,
Mr. Tudor had maintained that I never had been his partner. (?')
Such being my determination, it struck me, on perusing Mr.
Tudor's Power of Attorney, that it would have been far more
consistent with ray object, and with the character of the contem
plated contract, as made known to him, and certainly quite as
easy to him, to have constituted me his attorney for the execu
tion of said contract in our joint names, instead of the single
name of Mr. Frederic Tudor.
Another suspicious feature in the document, and which sug
gested, if it did not warrant, the idea that it was designed as a
trap, was, the " sufficient bond for the faithful performance, on
my part, of the stipulations and agreements in said contract set
forth on my part to be done and performed." Now, independ
ently of this studied " my part," Mr. Tudor was perfecfly aware
that it was not a " bond " that was requisite, but a mortgage, — a
mortgage on real estate, free from afl incumbrance, to the value
of the penafly ($4,000) and one half more. Knowing this, as
Mr. Tudor did, how could he, if he had executed this power in
good faith, and really intending that it should enable me to con
clude the contract in our joint names, have so slurred over this
vitafly important part of the business ? In his letter, too, — no
(i) See preceding § 8. — It is to be observed that the ground then taken by him
was, not that I had ceased to be his partner, in consequence of having forfeited (as
he had previously undertaken to pronounce) my share of the property, but that I
never had been his partner. Once admit, that, by the transaction between us, m Jan
uary, 1834, I had become his partner, and his cause was gone; the letter of the
law was too express and plain for a word to be said in support of his pretension to
deprive me of the management. He must either retire from the contest or assert
that he never had considered me, that I never had been, his "partner." This asser
tion he made ! i , • i *
For the express acknowledgments in the face of which it was made, see his let
ters of August, 1830, in Appendix, (E.)

196
mention of it No specific mention, indeed, of anything. A few
vague words, — " You have not said anything respecting the new
contract which makes it objectionable," — and that was afl!
Was this the manner in which to transact business of such im
portance, particularly after afl the difficulties in which -^^e had
been involved in consequence of the doubtful meaning, or
pretended doubtful meaning, of formal documents drawn up
by his hand?
I showed the Power to some friends, and it struck them in the
same light However, I determined lo be governed by the opin
ion and advice of my lawyer, — that same Don Jose Augustin
Govantes, already mentioned as standing at the head of his pro
fession, for probity no less than ability, and for his attachment to
equity and substantial justice, as contra-distinguished from the
technicalities of law. I took it to him. He read it, and then said,
" a very good Power — for Mr. Tudor. Everything that you do
for him, within the limits of the authority it conveys, will be very
wefl done. But you must take care that anything you do for
him and in his name, is not associated wilh anything done for
yourself and in your name ; for this will be good for nothing."
He then stated to me more at length, that, according to Spanish
law, and he supposed the law of every country, an attorney must
confine himself strictly to the letter of the Power under which
he acted ; that if he stepped beyond this, it was at his peril, for
his constituent was not bound, and he became individually re
sponsible to him and to all persons affected by his acts. That,
in the present instance, if under this Power I executed the con
tract in our joint names, and Mr. Tudor should hereafter see fit
to deny my right to do so, a bare inspection of his Power would
suffice to substantiate the denial, and to preclude all controversy
upon the subject; none of their tribunals would hesitate to de
cide that the contract was good and valid so far as it regarded
hhn, and good for nothing so far as regarded me, except so far
as I had made myself liable by my own act In a word, that the
contract would be his, and his exclusively ; and that if I set up
a claim to be associated wtith him, as joint owner thereof, by pur
chase, I should be thrown back upon my old proofs — the sale of
1824, &c. ; and this, under afl the disadvantages arising from this
new act of my own, which would probably be fatal.
This opinion decided me, and Mr. Tudor's letter was immedi
ately replied to :
July 21, 1838. " Your letter of the 22d uito., with accounts,
was received the 19th inst I had hoped that you would have
remitted rae a copy of Davenport's account of disburseraents and
sales for the time he was in the ice-house ; I can certainly see

197
no just reason why I should not have it, item for item. I could
then inform you of the errors in it, (if there be any,) and point
them out to you, that you could have them corrected. I could
have done it here, if you had remitted it to me when I first
asked it of you. The accounts you have now remitted me, I
cannot accept. I have compared these with those you remitted
last year ; and, so far as I can see, (without a copy of Davenport's
account,) they are still more erroneous than those of last year.
The interest account you have remitted me, is altogether a new
thing, {j) and I cannot agree to it If you have any funds here,
they are at your disposal as soon as we can come to a settlement
and ascertain how much they are ; and this we can soon do, if
you wifl remit Davenport's accounts, as I have often requested,
for I have no use for your money at present, and therefore can
not think of paying interest on that which I do not use. My
commissions for the time Davenport was in the ice-house, to
gether with my one fifth interest in the ice establishment, I can
not give up, notwithstanding the threat you make in the third
paragraph of your letter of the 22d uito. I do not consider you
are making concessions; to the contrary, I think you are in
creasing your pretensions ; but I do think that I made concession
when I said, /or J9eace, I would consent that Davenport's wages
might be made a general charge to the ice-house. I am of the
same opinion now, that I was when you wrote me on the 1st of
December last ; and I should have gone to the north at that
time only for the reasons mentioned in my letter of the 3d of
December. " I would really be glad for you to come here the coming
winter, and I wish you had come here instead of sending Mr.
Bacon ; our affairs, I think, would have been long since settled.
" As, notwithstanding what I have -written you, at several
times, respecting the new contract I have made with the Cabil
do, you have not accepted the offer which I made of your being
a partner in it, which I believe, and the literal tenor of the
Power of Attorney you sent me proves it ; I therefore proceed
definitively to execute the escritura (deed) in my own name ; {k)
and this notwithstanding, when you come to Havana (as you
tell me you shall next winter) we can then make such contracts
and stipulations as may to us appear just, for to terminate our
differences." (;¦ ) See his letter of December 16, 1837. — In pursuance of the law therein en
acted by him, he had kept an interest account at the rate of twelve per cent. In
the settlement which took place a few months subsequently, between his agent and
myself, this law was nullified, together with the rest of his code.
(k) This was done on the 23d of August.

198
In -writing to a friend some days after, I send him a copy of
Mr. Tudor's letter, and remark upon it :
" You see what he says about my ten per cent, and one fifth
interest It seems as if he thinks the world was made for him
alone ; but I think that others have some rights as wefl as he."
Nevertheless, it was still my intention, should he, on his an
nounced visit to Havana, appear disposed to return to the ways
of good faith, to admit hira to a participation in the contract, on
the footing first proposed to him. To say nothing of the many
other reasons against keeping the business any longer in sus
pense, self preservation had required that I should close it, as
the only way to secure myself against his wiles and strata
gems. But these being secured against, I had no desire to ex
clude him. The idea was still repugnant to me ; but this re
pugnancy, he himself compelled me to overcome, by pursuing a
course which confirmed, in the strongest manner, the very worst
construction that could be put upon the mode in which he had
framed his reply to my inquiry, when finally extorted from hirn.
The preceding letter was answered by the following :
Sept. 12. " I am in receipt of your favors of the 11th and 21st
July, and I shall take time to consider my answer, which I shall
make with the aid and advice of some of my most confiding
and particular friends."
Oct. 6. " As I wrote you on the 12th uito., I have consulted
with my friends, Robert H. Gardiner, and William Savage, on
the subject of differences between us, in regard to our accounts;
and in accordance wilh their advice, I am induced to make one
more attempt at amicable settlement For this purpose, to avoid
the pos.sibility of feeling entering into the negotiation were I
personally to undertake the business, I have engaged the ser
vices of J. W. Fenno, Esq., who, I suppose, can look coolly and
impartially [1) into the business, to proceed to Havana, and en
deavor to accommodate our troubles.
" I shall give him fufl power to adjust all outstanding accounts,
as he may think proper; and give him one positive instruction,
which is, that his stay in Havana shafl not exceed ten days at
farthest" It wifl not escape observation, how guardedly sflent he is on
the subject of the contract. Not only is he sflent on this subject,
but he is particularly careful to exclude all possible implication
of a reference to it, by particularizing the subject of his consul
tation and his letter, as the "differences between us in regard to
our accounts." And again, " to adjust afl outstanding accounts."
(I) "Impartially!" Most reasonable supposition.

199
Now, if in truth, — as has been since contended, — Mr. Tu
dor's letter and Power of Attorney had not been designed as a
trap ; had he acted on that occasion in good faith ; had that
document been transmitted to me in the bona fide intention, that
it should enable me to conclude the business of the contract, by
placing it upon the footing indicated by my first letter on the
subject, — that is to say, securing to him the share of four fifths,
and securing to me, beyond the possibflity of future contro
versy, my share of one fifth; — had this been the state of the
case, what course would he have adopted on receipt of my re
ply ? Suppose, even that his Power of Attorney had been un
exceptionable, and my lawyer's objections to it had been alto
gether futile ; still, what is the Course that would naturally be
adopted in such a case, by any man conscious of having acted
in good faith, and entertaining a sincere disposition, that the
bu.siness should be placed upon the footing proposed by me ?
Could any such man have hesitated an instant in setting me
right as to his intentions, and as to the character of the document
transmitted to me ? Would he have lost a moment in inform
ing me that the belief which I had expressed, as to his not hav
ing accepted my offer, was an erroneous belief ; and that I was
altogether mistaken in supposing that proof of such intention on
his part, was afforded by " the literal tenor of the Power of At
torney," he had sent me ? And, whether the document was or
was not justly liable to any exceptions, would he not have trans
mitted one so framed as to preclude all doubt or question in re
gard to the intention that the business of the contract should be
placed upon such a footing, as to secure absolutely to him, and
to me, our respective shares therein ?
At first, Mr. Tudor intended to come to Havana, and this
might be a sufficient reason for postponing all further steps in
regard to our affairs, until he should meet me face to face. But,
so soon as he gave up this design, and determined to despatch
a representative, what conceivable motive — consistent with the
supposition of good faith on his part — could he have for de
laying to correct my asserted belief, if erroneous? Does not his
course, down to the 6th of October, already afford a sufficient
corroboration of the grounds of that belief? If not, let us see
what comes next.
On the 14th of November, Mr. James W. Fenno arrived at
Havana, (m) bearing the following letter from Mr. Tudor:
(m) He had previously addressed to me the foUowing:
Oct. 9 1S:J8. " At the request of F. Tudor, Esq., and also in consequence of the
soUcitations of WilUam Savage, and Robert H. Gardiner, Esqs., I have consented
to make a voyage to Havana, for the purpose of endeavoring to arrange the points

200
Nov. 1. " This wifl be handed you by Mr. Fenno, who has
fufl power to setfle all matters in dispute between us, and aU
business past, present, and to come.
" I also authorize Mr. Fenno, to give you a release of the suit
now pending against you here, in case a setflement of accounts
is made." Mr. Fenno produced also his Power of Attorney, wherein,
among other clauses, stood the following :
" Also, I authorize and empower the said Fenno, to negotiate
with any person or persons whomsoever, or with any bodies poli
tic, or bodies corporate, having authority to contract for supply
ing the City of Havana with ice, and for me, and in my name,
to contract with such persons, or with such bodies politic, or
bodies corporate, for the purpose of supplying the said City of
Havana with ice, for any term of time which said Fenno may
deem proper. And, I further authorize and empower the said
Fenno, if he shafl see fit so to do, to join John W. Damon with
me in the said contract, so that the said Damon shall be pro
prietor of one fifth part of the said contract, and entifled to one
fifth part of the benefits thereof. And, I further authorize and
empower the said Fenno, for me, and in my name, or in my
name jointly with the said Damon, to sign, seal, execute, ac
knowledge, and deliver any and all bond or bonds, for any penal
sum which may be thought proper to secure the performance of
such contract."
Here, then, was the proof, under Mr. Tudor's hand and
seal, of the virtue attached by himself to the document which
he had transmitted to me in June ! And here, likewise, was the
proof, that Mr. Tudor understood the difference between em
powering an attorney to do an act "for me, and in my name,"
and empowering him to do the same act "in my name jointly
vnth the said Damon." Here was the proof, in regard to what
he had "all along" been inwardly intent upon; even at the
moment when he had despatched to me his power to execute
in controversy, between Mr. Tudor and yourself I shall probably sail from here
about the 1st Nov., next; and I wish to give you this early notice of my coming,
that you may consider, before my arrival, on the means of arranging your difficul
ties, and, because my engagements here render it absolutely indispensable, that my
stay in Havana should be very short.
"My mission is entirely of a peaceful character. I refrain from entering at pres
ent on the discussion of the dispiited topics, preferring to leave them to conversa
tion in Havana. But I do most earnestly request, that you will prepare yourself
to meet me, with a desire to settle all differences in a just and amicable way. In
cases of disputed accounts, you vs'eU know, that settlements are not easily effected,
unless the parties come together with liberal feelings, and a desire to make peace.
I shall come with these feelings, and this desire, and, if you will see me in the
same spirit, I shall hope, before I leave Havana, to arrange every matter in dispute,
so that the business may once more be started with mutual advantage."

201
the contract " for me and in my name," leaving it to me, if I
should see fit so to do, to catch myself in the snare, by execut
ing that contract " in my name jointly with the said Damon."
Mr. Tudor, it now appeared, was to obtain, if possible, the
contract for himself alone, to the utter exclusion of J. W. Da
mon. But should he fail in this, then his attorney was empow
ered, " if he shafl see fit so to do, to join J. W. Damon wilh me
in the said contract." In other words, should Mr. Fenno ascer
tain to his satisfaction, that all the " influence " and machinations,
which Mr. Tudor had brought to bear upon the subject, were
without effect, then, and in that case, Mr. Fenno might, in Mr.
Tudor's name, give his consent to that arrangement which Mr.
Tudor had feigned to agree to in June preceding!
Mr. Tudor was here, — without being much aware of it, per
haps, — playing with double-edged tools; and, as is not unu
sual on such occasions, he cut his own fingers. Not only did
he conclusively prove, to the satisfaction of my mind, that he had
been acting towards me in ill-faith, and that his June movement
had been a mere trick, but he eft'ectually debarred himself from
ever asserting, — excepting in the face of conclusive proof to
the contrary, — that he had given the consent on which depended
his right to participate in the contract entered into by me. Had
he given that consent, it must, the instant it was given, have
become irrevocable, for it would have had the effect of consum
mating a contract, to which we were parties, — a contract binding
me to recognize and treat him as owner of four fifths of the
Privilege, and binding him to recognize and treat me as owner
of the remaining part Had he given his consent, I must have
become irrevocably bound by it ; and if so, he could not but be
bound in the same degree. This is too plain for arguraent
And, how is the idea, that he ever had entered into any such
obligation, to be reconciled with the fact now before us ? I mean
the fact of his having, — on the 29th of October, 1838, the date
of his Power to Fenno, — left it optional with his attorney, to
join me with him in the contract, or not, according as he should
see fit ?
It is true, that I had considered his consent as denied ; and,
in consequence of so doing, I had judged fit to close the con
tract in my own name; the only way in which, — without clear
and indubitable authority from him, to do otherwise, — it was
possible for me to close it But, by my letter, advising him of
my having closed it, the door was still left open to him ; afl he
had to do, was, to inform me that I had been mistaken in regard
to his intention, and transmfl a Power, which would enable me
to make his acceptance effectual. Moreover, had his consent
26

202
been in truth given, my act in closing the contract in my own
name, could not have the effect of destroying or weaJcening the
right, which I had myself secured to him on the condition of his
consent If that consent had in truth been given by the June
letter, and the Power accompanying it, then the condflion on his
part, had been fulfilled; and from that moment, we had both
been mutually bound, — he to me, and I to him. If his Power
had, in truth, been a sufficient one for me to act under, and close
the contract with the Cabildo in our joint names, then, all he had
to do, was to assume this position, and make it good ; for then,
my own previous act, — ¦ my recorded memorial, — made it irre
vocably binding upon me.
Instead of adopting this course, he adopts that of endeavoring
to have my contract annufled, and to obtain one for himself, to
my exclusion ; and should he fail in this, then it is left at the
discretion of his attorney, to become a party to a contract with
the Cabfldo, in which I should be admitted for a share. Of
course, he could not consider himself already bound to me, in
the way in which he must have been bound, had his consent
been given. And even supposing that his consent had, in truth
been given in June, here was an act, under his hand and seal.
bearing date October 29th, which amounted to a revocation of
that consent Under whatever aspect the question be consider
ed, it is, therefore, perfectly manifest, that he had not bound him
self to rae; and consequenfly, that I could not be bound to him,
Agreeably to the terms of my memorial to the Cabfldo, — which
constituted the only conceivable title he could have to a share
in the contract, — his right to participate in the Privilege, depend
ed upon his accepitance of the share thereby secured to him.
That acceptance was not given. First, it was withheld; the
offer from me remained for months without reply or notice of
any sort; and when, at length, a reply was extorted from him, it
was of a nature to make it impossible for me to consider it as
an acceptance. And finafly, it was refused, by an act, — the
Power to Fenno, — under his hand and seal, now recorded in
Havana. On perusing this refusal, attended as it was by every possible
indication of ill-faflh which the nature of the case admitted of,
my intention in regard to Mr. Tudor became changed. Down
to that moment, my determination had been, should he pursue
a tolerably fair course, to admit him to a participation in the
contract, on the terms set forth in my memorial. I now resolved,
that, as he had persisted in his sinister mode of refusing to bind
himself to them, it should no longer be at his option to do so.
As I, — so far as it lay in Mr. Tudor's power to render me so, —

203
was to be dependent for any share in the ice business, upon what
Mr. James W. Fenno might "see fit" to do, I determined that,
— so far as it lay in my power, — Mr. Tudor should be depend
ent for any share which he should have in my contract, upon
my sense of,— not his deserts, for then, he would have had
none whatever, bvit, — what was due to my own feeflngs, and
my own ideas of liberaUty in the position wherein we were now
respectively placed, as the resufl of a fifteen years' association.
What steps Mr. Tudor had been taking previously lo the
arrival of Mr. Fenno, to get my contract with the Cabildo set
aside, I, of course, cannot tefl. I am equally incompetent, to say
what steps were taken on the subject, by the latter. He had
not been long at Havana, however, before he ascertained, to his
satisfaction, — so far, as one may be allowed to judge from cir
cumstantial evidence, — that this was a point not so easfly car
ried as Mr. Tudor had flattered himself. Accordingly, — the
contingency having occurred, in which he was to " see fit so to
do," — Mr. Fenno did " see fit" to propose to me, to concur in
the contemplated measure, so that a new contract might be ex
ecuted in the name of Mr. Tudor ! I need scarcely say, that I
decUned avaiflng myself of this condescension. Had no other
reason existed to forbid, my lawyer, perhaps, might have sug
gested, that, inasmuch as my contract must be surrendered and
annufled, before Mr. Tudor's proposal could be entertained by
the Cabildo ; and, supposing it accepted, and all possible dili
gence used, a month or more must elapse, before the formalities
and public notices prescribed by law could be complied with,
and the subject be ripe for the final execution of the new con
tract, — it might possibly, so happen, that when it should come
to the execution of the new contract, Mr. Fenno might " see
fit," not "to join J. W. Damon with" Mr. Frederic Tudor "in
said contract." This possibility did not even necessarily imply
ill-faith on the part of Mr. Fenno, for his constituent might have
become dissatisfied with him, and have revoked his power, to
" see fit so to do." That it did imply ill-faith somewhere, was
pretty clear ; but, whether greater ill-faith than the reader has
already seen specimens of, — and he is presently to see another,
— the reader may be left to judge.
This proposal from Mr. Fenno, gave rise to a letter from him,
which I will now produce. It wfll be seen to involve a ques
tion between my veracity, or my accuracy of recollection, and
the veracity or the accuracy of recollection of Mr. Fenno. To
compensate for any disadvantage, which the word of " a poor
miserable carpenter " may, perhaps, labor under, when weighed
against the word of a genfleman of education, honored with the

204
confidence of Mr. Tudor, I may be aflowed to point to the fact,
(perhaps, lost sight of by him,) that his proposal, agreeably to
my version of it, corresponds with the letter of the Power of
Attorney, under which he had acted. So far as we possess any
indication of the course prescribed to Fenno, and so far as the
course prescribed to him may be considered as affording a pre-
sumption as to the course pursued by him, the presumption
clearly is, that the course actually pursued by him (after making
up his mind to "see fit" to admit me into the business) was,
to endeavor to put the subject on the basis of a new contract,
wherein Mr. Tudor should be the principal, and Mr. Damon
should be joined therein ; and not to endeavor lo have Mr. Tu
dor admitted into the existing contract of J. W. Damon. A
glance at the Power suffices to show, that if Mr. Fenno did not
make such endeavor, he was guilty of a gross departure from
the obvious intention of his constituent " Boston, Jan. 1, 1839.
" Mr. John W. Damon,
" Dear Sir: I have just arrived here, after a tedious journey,
and Mr. Tudor has shown me your letter of Dec. 1, last, in
which you state ' Mr. Fenno wished me to make a memorial to
the Cabildo, and ask that body to annul the contract I had made
wilh it, and I told him I should not do any such thing, and he
has finally gone without doing anything about it' As you have,
in the above quotalion from your letter, (no doubt unintention
ally,) mis-stated our conversation, I improve this opportunity to
set that matter right. I asked you to make a memorial to the
Cabildo, requesting them so to alter the contract as to place four
fifths in Mr- Tudor's name and one fifth in your own ; to which
you replied that you should not do it ' until the accounts were
setfled.' in) After the settlement of the accounts I again adverted
(n) Agreeably to this passage in Mr. F.'s version of the matter, I used subter
fuge and deception, in order to obtain a settlement of accounts. Upon this point, I
will leave it to the reader to judge of the relative probability of our respective
statements. Besides the ground for a judgment afforded by the manner in which
this part of Mr. F.'s version connects itself with the averment which he sets out
with in regard to the nature of bis proposal to me, the reader is in possession of
others. Among these may be mentioned the knowledge which, by this time, he
must have acquired of my character, and of the extent to which it involves a
proneness to subterfuge. Another is, the possible motive which I could, on this
occasion, have for resorting to such means for such an end.
It is true that I was, and had long been, very desirous that the accounts between
Mr. Tudor and myself should be settled. It was, on every account, extremely un
pleasant to me that they should remain unsettled ; and one of the many reasons was,
tnat I did not Uke, — either on Mr. Tudor's account or my own, — that his money,
which by this time bad swelled to a considerable amount, should be lying in my
hands, at my risk and responsibility, and dead to him; for, as I made no use of
It, — a rule which I had never deviated from, — I was determined never to allow

205
to the subject of the contract, when, after more solicitation than
I thought would be necessary to get your views, you claimed
one half of the contract, (o) and that Mr. Tudor should cede to
you three tenths of the ice-house ; to this I thought I should act
properly to reply, as I did, that Mr. Tudor would not agree to it.
Having now said afl I intended in regard to this matter, I add a
few words on my own account.
" Contraiy to my incUnalion, and in the hope that, by making
concessions in matters of account, and explaining to you in a
fufl manner that Mr. Tudor had no intention of trenching in any
manner upon what even you considered the extent of your
rights, (p) I should be able to set afl things right, and that peace
him one cent of interest upon it. But, although I was really anxious for a settle-
rnent of accounts, this, for the reason just stated, was not a matter of absolutely
vital importance to me. My position now was the reverse of what it had been on
former occasions of the same nature; and particularly in 1826, [See Appendix
(G.)] when Mr. Tudor considered it indispensable to a settlement of accounts,
that I should be corporally present in Boston. On these occasions he was
on the safe side; my money was in his hands. On the present occasion, this
advantage was mine, and although I was nowise disposed to imitate him in the use
of it, it was inseparable from its nature that it should operate in the way of allay
ing my anxiety for a settlement, so far at least as to prevent its rising to fever
heat. On the other hand, — considering that the adjusting and settUng of all matters
of accounts stood at the head of the list of functions to be discharged by him ;.
and that the receipt of a pretty handsome sum of money awaited its discharge, —
it is obvious that the position of Mr. Fenno at Havana, was not of a nature to
create an absolute necessity foj a resort on my part to seductive baits, in order tO'
allure him into entering upon the business of a settlement of accounts. In addi
tion to these considerations, it may be remarked, that his position at Boston, on
his return from Havana, may possibly have been of a nature somewhat to excite
his imagination in regard to the incidents of his mission. Mr. Tudor may have
proved, — not a very rare phenomenon, — somewhat annoyed and irritated at the
result; and in his sympathy with this state of irritation, Mr. Fenno may have fan
cied that this result had been arrived at by the process best calculated to excuse
him in the eyes of his employer. To render him this service the chief effort his
fancy had to make was, to transpose the words " until we have settled our ac
counts," and give them the connection in which he places them, instead of that
belonging to them as uttered by me.
(o) "Claimed one half of the contract!" Here, unless I greatly mistake, the
reader will experience but little difficulty in arriving at a satisfactory state of mind
respecting the relative probability of the two conflicting versions. Mine, I flatter
myself, will be seen at a glance to harmonize perfectly with the exact state of the
case at that moment ; whilst the conflict between it and that of Mr. F., at this par
ticular point, will be seen to be, although a very material one, yet also one that
might very naturally have occurred, without any other cause on bis part to pro
duce it than a degree of vagueness of apprehension and recollection, which is wit
nessed every day.
(p) No intention of trenching in any manner upon what even you considered the
extent of your rights!" And this was aU explained to me "in a full manner."
Let the reader only suppose himself to have been the pupil of Mr. James W. Fenno
in this branch of science; and then try to imagine how far Mr F.'s lectures on the
subject could have enlightened his ignorance in regard to my patron's "intention,"
and every other branch'of his "just generosity." ^
" No intention ! " Let it be borne in mind that this is said to me, — that it is uttered
to my face; and that the person who utters itis Mr. Tudor's man of business,
writing under his eye. Let this be adverted to, and then some idea may be formed

206
and harmony might be once more restored between you and
him. (g) With this view I met you. I made concessions in
the account which I believe Mr. Tudor never would have made ;
and ttied by afl the means in my power to induce good feeling
on your part towards Mr. Tudor, and had it not been for an in
crease of interest in the business which was demanded by you,
and which I did not anticipate, I think . everything would have
been adjusted, and peace once more restored. But now, from the
proposition which Col. Hobbs has made to Mr. Tudor, it seems
that afl my exertions have availed nothing, and that you are de
termined to war with Mr. Tudor until you ruin his business in
Havana, or fafl in the attempt From the whole course of my
conduct and conversation in Havana you will know that I cannot
but feel deep regret at the course you see fit to adopt, and I can
not forbear to express the hope that you wifl, upon further consid
eration, come back to the acceptance of those terms in regard to
the business which you have heretofore enjoyed."
In reply to this letter, the following was immediately -written
by me. Upon full reflection, however, it seemed decidedly ad
visable that I should not allow myself to be drawn into a cor
respondence, from which I could gain nothing but the trouble
attending it ; and therefore my letter was not sent. It appeared
quite possible, that an attempt, on the part of " a poor miserable
carpenter," lo chop logic with a gentleman of Mr. F.'s qualifica
tions, might result in furnishing him with specious grounds for
the quirks and quibbles of the law ; and notwithstanding the as
surance I had from Mr. Tudor, of Mr. Fenno's strict impartiality
between us, it seemed the part of prudence not to put this virtue
in him, to any unnecessary trial. But although not sent then,
my reply shall now be given, because it gives a true account, —
as I flatter myself that the reader will see there is not much room
to doubt, — of what had passed between us.
of the assurances, or assurance, on the part of Mr. Tudor, in regard to a sub
ject which the public heretofore have had no means of judging of except from thcct
"gentleman's word."
(q) If the reader, on arriving at the end of this sentence, knows what it means,
't is more than I can pretend to. If he thinks it worth while to turn back, and take
a fresh start with " contrary to my inclination," he will, if I mistake not, find him
self as much puzzled as I was on first perusing this letter, to know what thing was
contrary to the inclination of the writer.
Query ; Is this the way that gentlemen of education write, when intrusted with
the management of a business that admits of an honest, open, straight forward
course ; and of honest, open, straight forward talk 1 So far as " a poor miserable
carpenter " may be allowed to have an opinion on such handiwork, this letter of
Mr. F., from beginning to end, affords no bad idea of the cause in which he was
engaged.

207 " Havana, Feb. 8, 1839.
" Mr. Jaaies W. Fenno.
" Sir: Your letter of 1st uito. per Jacob Perkins came to hand
this day and I have noted its contents.
" I have no recollection of such conversation passing between
you and me as this, which I take from your letter above men
tioned. ' I asked you to make a memorial to the Cabfldo request-
them so to alter the contract as to place four fifths in Mr. Tudor's
name and one fifth in your own ; ' but I have a perfect recoflec-
tion of being seated, one warm Sunday, by the door which looks
out to the sea, when you came in from the street and sat near me
and commenced conversation as follows :
" Fenno. ' I was told in Boston, and I have been told since I
arrived here, that the contract you have made with the Govern
ment can be annulled.'
" Answer. ' Ah ! well, perhaps it may.'
" Fenno. ' Yes, by presenting a petition, or memorial, as it is
cafled here, to the Cabfldo ; and they wfll annul it'
" Answer. ' Who is to present this petition or memorial.'
" Fenno. ' Oh, you must do that ; and then I wifl present for
one.' "Answer. ' I shall do no such thing ; and I wish you would
say no more about the contract untfl we have setfled our ac
counts.' " You left me immediately, and I have no recollection of any
conversation respecting the contract until the evening of the last
night you stopped with me, when you commenced again by
saying that I had been very close and dark respecting the con
tract, during the settlement of accounts, but as I had promised to
give you my views of it after we had come to a settlement of
accounts, you wished for them ; and I told you that my idea was,
that I should send to Boston to treat with Mr. Tudor, and offer
him one half of the contract, in consideration of three tenths of
the ice-house, and then we should be equally concerned; to
which you replied that ' Mr. Tudor would do no such thing un
til after he had tried his strength.'
" If you have made me greater concessions in matters of ac
count than Mr. Tudor would, I have made greater concessions
to you than I should have made to Mr. Tudor ; so I believe we
are not far from being square on this last point."
From these letters it is seen what determination I had come
to in regard to the terms on which I might be associated wflh
Mr. Tudor, after the expiration of the existing Privflege. That
determination was, not, — as Mr. Fenno represents it, — to de-

208
mand " an increase of interest in the bnsiness," but, to offer to
Mr. Tudor one half of my contract wflh the Cabfldo, — that con
tract which, by the laws of Spain, was mine, and which, so far
as LAW can be relied upon to secure anything to any person, was
secured to me beyond the possibflity of doubt or question. The
Privilege which had been obtained by me in 1830, for Mr. Tudor
and myself jointly, — and which, through my confidence in his
good faith, had been put in his name solely, — was now about
to expire ; and with it would necessarily expire the association
entered into by us in 1824 ; for that association, whatever
might be the construction put upon its terms, could not but cease
so soon as he might from any cavise, cease to have it in his
power to continue to irnport and vend ice at Havana ; and the
exclusive Privilege having been granted to another, — it mattered
not whether the grant was to me or to a third party, — his abfli-
ty to import or to vend ice at Havana would necessarily termin
ate with the year 1838.
In this state of facts, connecting with it the course recently
pursued by Mr. Tudor, I had come to the determination never
again to be associated wilh him, except on terms of absolute equal
ity, which should secure me from the wanton oppression, the
gross injustice, and the shocking ill faith, under which I had
been suffering for fifteen years. I should have preferred infi
nitely not to be associated with him at all ; but this feeling,
strong as it was, and strong as the reader knows the grounds for
it to have been, was effectually countervailed by that which
prompted me not to prove vindictive and overbearing, in the use
of the advantage over him which he had forced me to acquire,
but on the contrary, to overlook all his misconduct and to act to
wards him with all the liberality consistent with the most moder
ate regard for my own rights and well being.
As to " the business, " — in the only sense in which I could
have anything to ask of Mr. Tudor, or to receive from him, — I
cared nothing about it ; not a single straw. I mean the part of
the business which had been heretofore managed by him, and
which consisted in providing the ice and shipping it to Havana.
He had " afl along " endeavored to impress me with the belief
that in his management of this branch of the matter lay the
secret of all prosperity ; that it was by far the most difficult part
of our business ; one, before the difficulties of which all those
with which I had to contend were trivial and insignificant But,
whatever might have been the efficacy of his genius in the ice
field, it had been expended in vain in the endeavor to inculcate
his theory as to its paramount importance. I had a stubborn
Yankee notion, that he was not the only man in all New Eng-

209
land capable of providing and shipping ice ; but that, on the
contrary, there might be others by whom it could be suppUed on
terms at least as good as those charged by him against the Ha
vana establishment ; and this, even wflhout reckoning that item
[See Appendix (D)] which in one of his letters (r) he called
«my own charge of $500." At any rate, I was so perfectly con
tent to incur the risk of ruin on this score, that I cared not one
straw about having the advantage of Mr. Tudor's " business," in
the only sense in which my offer to him could be considered as
a demand " for an increase of interest " therein.
The offer which I proposed lo make to Mr. Tudor, is seen to
have been to give him one half of my contract in exchange for
three tenths of the house. In terms, this would have been to sell
to him a share in the contract Viewing the whole subject un
der the light of equity, it would, however, have been a free gift
from me ; for, to say nothing of afl the other facts connected with
the building of that house, the reader is aware ihat the one fifth
of it now owned by me (although this ownership even had been
denied, and stifl was denied by iMr. Tudor) had been erected at
my cost ; whereas, agreeably to Mr. Tudor's solemn pledge, at the
time when he had induced me to become his parlner, the house
was to be buflt at his cost solely. Now, the amount of my
money which had been sunk in the house, contrary to his en-
(r) In his letter of Jan. 14, 1829, he had said :
" The accounts for the year are picking up. The charges against Havana have
now got up to $2432, without my own charge of $500. I say the accounts are
'picking up,' which expression is descriptive of the difficulties attending an ap
proach to accuracy, in a business attended with such a variety of active operations,
to procure ice at all. There were operations at Fresh Pond, through the ice and
through the mud. Large masses of ice collected in. nooks of the pond, were after
wards brought to the ice-house, in a canal boat. Ice was collected in the same
way, but without a boat, at West Cambridge pond," &c. &c. &c.
On the subject of his accounts, see Appendix (D.) What the "mud," and the
" nooks," and the "in a boat," and " without a boat," could have to do with " an
approach to accuracy" in accounts, was past my comprehension at that day, and re
mains so to the present. In the ignorance proper to " a poor miserable carpenter,"
I have always, since I got the little learning my parents could afford to give me,
supposed that matters of account, depended, not upon the properties of mud and
nooks, and canal boats, but upon those of numbers ; and that, to ensure, — I don't
say " an approach to accuracy," but — absolute accuracy in an account, nothing
was requisite but the application of the rules of arithmetic.
Had Mr. Tudor been intent upon making against the Havana establishment, a
fair charge of the exact cost of the ice supplied to it, it strikes me that the mud, &c.
&c. could not have presented any very great " difliculties." So many cords or tons
laid in, at such cost for the whole; of the supply so laid in, such a part sold, such
a part shipped to New Orleans, such a part to Calcutta, &c. &c., and such a part to
Havana; and at the end of the year, so much remaining on hand. Distribute the
aggregate cost accordingly, and charge against each establishment, the part of said
aggregate cost corresponding to the quantity of ice shipped to it. Then add the
expenses of shipping said quantity, and the thing is done. The operation strikes
me as an exceedingly transparent one, all the " mud " in Fresh Pond to the con
trary notwithstanding.
27

210
gagement, would, together with interest to the time being, have
considerably exceeded three tenths of the whole cost of the
house. In this point of view, therefore, Mr. Tudor, by giving
me what I proposed to ask in exchange for one half of rny con
tract, would have done nothing more than restore to me, in part,
what was jusfly mine, and what no just man would ever have
withheld. This offer would have been made (.¦;) to Mr. Tudor, but for
the intimations respecting his views and designs, which I
gathered from the last remarks made by Mr. Fenno, a minister,
who could scarcely be otherwise than fully possessed of all st-ate
secrets. These occasioned a change in my determination, the
nature of which is seen from the following letters to Mr. Tudor,
and to a friend in Boston — Col. Hobbs.
Dec. 1, ISotf. " During the lime Mr. Fenno was here, we
setfled afl our accounts, up to the 31st October, inclusive ; and
he has taken the balance, and given me a receipt Mr. Fenno
wtished me to make a memorial to the Cabfldo, and ask that
body lo annul the contract I had made with it I told him, I
should not do any such thing; and he has finally gone without
doing anything about it; it is true, we had some talk on the
subject of the new contract; but our views not coinciding, there
was nothing done. I propose sending to Boston, in a few days,
my special Power, to treat with you respecting the Havana ice
house. Following, is the account made up for November." {t)
Dec. 4, 183S. "I have this day revoked afl my previous pow
ers conferred on you, and have at the sarae time, conferred on
you my special power, to negotiate, and treat with, and purchase
(s) On the 26th Nov., I wrote my fiiend in Boston, by the Elizabeth, which sailed
on the morning of the 28th:
" I shall write you again in a few days, and send my propositions to Mr. Tudor,
with instructions to you, how to treat with him. I propose now to let Mr. Tudor
have half the contract, if he will let me have three tenths more of the ice-house,
when we shall be equally concerned. Khe does not accept this, I shall keep the
whole." (t) It will be recollected, [See § 6,] that the conditions upon which the Govern
ment had permitted the erection of the house, rendered it impossible that it should
be used for any other purpose, than an ice-house. Of course, it could not be used
for this purpose by any one, except the holder of the exclusive Privilege to import
and vend ice, to wit: myself And it was not to be supposed, that the authorities
would allow it to stand there unoccupied, until it should rot down. It was per
fectly obvious to every one, that, for various cogent reasons, this would not be per
mitted ; and that, unless used by me, an order for its demolition would immediate
ly issue.
This obvious view of the subject, was the ground on which I said, " the house
will unaviodably be pulled down." That ground was not, as has been intimated,
with reference to the order for its demolition, which subsequently issued, whilst
the house was still in my occupancy, that I counted upon the efficacy of my in
trigues, to procure an order for its demolition. How this order came to issue, will
be seen in the proper place.

211
of Mr. Frederic Tudor, his four fifths interest in the Havana ice
house, at cost, — that is to say, $13,600. As I have obtained from.
the city authorities, the exclusive Privflege for the importation
of ice into this city, for the term of ten years, counting from the
first of January, 1839, I am disposed to make Mr. Tudor this
offer, to prevent any hard thoughts on his part towards me ; for
he is well aware of the conditions under which this present
house was built, and should he not be disposed to accept this
offer, the house wfll unavoidably be pulled down, (i/) I want
his answer immediately ; for, in case he does not accept of my
offer, I shall occupy the lot of land which has been oft'ered me
for building an ice-house, under very favorable circuinstances,
and it wifl cost, probably, not more than one half of what I offer
Mr. Tudor, for fl has three sides of the wafls built already."
I again wrote to the same friend, as follows :
Dec. 5, 1838. " I wrote you on the 26th uito., that I was dis
posed to offer to Mr. Tudor one half of the new contract, in con
sideration of which, he would cede to me three tenths of the
ice-house, which would then leave us equally interested. But
on reflection, I have concluded not to make that offer; for I had
some talk with Mr. Fenno, the last night he stopped with rae,
and I told him, I had an idea of making such an oft'er, when he
(u) This is the letter referred to in Mr. Fenno's, of Jan. 1, 1839. The confiict
between our respective statements regarding the proposal he had made to me, has
already been remarked upon. I will here add, that the reader being now acquaint
ed with the exact state of the case, at the moment when I wrote the above letter, he
can see, that it is difficult to imagine any possible motive I could have to misrep
resent the nature of the proposal made to me by Mr. Fenno. I could gain nothing
by so doing. Nor, had my determination rested upon the nature of his proposal.
Had it been exactly as it was afterwards represented by him, it is perfectly evi
dent that I should have refused to accede to it; for, my change of determination
had already taken place, and I was already firmly resolved never again to be con
nected with Mr. Tudor, except on terms of absolute equality.
On the other hand, it is pretty clear, from the tone of Mr Fenno's letter to me,
that his constituent and partner, (for he had been admitted to a partnership in Mr.
Tudor's affairs,) bad been annoyed at his having made to me the proposal men
tioned in my letter. To be sure, that was the very proposal which the Power un
der which he had acted, had plainly required him to make, and his constituent
was absurdly self-contradictory, to find fault with his having "obeyed orders."
But when was his constituent otherwise 1 On what single occasion, in the course
of his life? In this state of the matter, his junior partner had a very substantial
motive for averting his patron's wrath; and the readiest, if not the only mode, of
doing so was, not to point to his instructions in self-vindication, but to remember
what had passed between us, in the way best adapted to show that he had not
been guilty of what Mr. Tudor now saw fit to look upon as a bungling diplomacy.
In a word, Mr. Fenno's letter renders it perfectly obvious, that his senior partner
was dissatisfied, at his having made the proposal stated by me. And in this state
of things they both lost sight of the recorded proof, under Mr. Tudor's hand and
seal, that said proposal was the very one which his attorney had been instructed
to make.
This little circumstance I had not, — as my letters of the time show, — myself,
adverted to. It is but very recently that my attention has been called to it.

212
said Mr. Tudor would never consent to it, wiihout first trying
his strength. Now, if he is first going to try his strength, and
when he finds he cannot have the whole, is going to come in
for half, I think it is not fair. Therefore, if he intends to 'go
the whole hog,' I will try the old sow and her Utter ; for it is
very evident to me, — and I believe it is to you, since you have
seen his letters, and the late Powers to me and to Mr. Fenno, —
that his intention is, lo squeeze me out if he can ; but, if he can
not get me out entirely, he will cry ' quits,' and let me have one
fifth. Now, this is what I do not like. If Tudor had not (in
his June letter) again denied my right to the fifth interest, and
my ten per cent compensation, I should not have dreamed of
closing the contract in my own name. It was purely in self-
defence that I acted. Even now, by Fenno's conversation, they
contemplate contesting my one fifth interest, and the right of my
charging the ten per cent, for my services."
My letter closes by providing for the contingency that Mr,
Tudor should see fit to offer to come into the contract on the
terms which I had mentioned to Mr. Fenno my intention of
proposing lo him through Col. Hobbs, and which Mr. Fenno's
remark had prevented rae proposing. In that contingency, I
authorize ray friend to admit Mr. Tudor on those terms, should
it appear to him proper so to do. " Of this, I leave it lo you to
judge. But let the offer come from Mr. Tudor; and then let the
business be so arranged, that there be no chance for disputes
hereafter, if possible ; but I fear there can be no such thing."
Dec. 6. " There is a vessel bound for Boston, to-morrow, and
I cannot let the opportunity pass, without dropping a few lines
to request you to make all diligence with Mr. Tudor respecting
the purchase, and let rae know as soon as you can. If Mr.
Tudor should be morose, and not give direct and definite an
swers, you must go forward and raake arrangements for the
shipping of ice to this place, the same as if you had never had
anything to do with him ; also have ice stored for summer car
goes ; for the new house (if I have to bufld one) wfll not be
large enough, this season, to hold a year's supply. I shafl want
some lo arrive aboul the first of April, and then another supply
some time in May, or first of June. Of this I wifl write in time ;
only be provided with a sufficient quantity, so that it can be sent
when wanted. I fear Mr. Tudor will think this rather a hard
operation, but he has no one to blame but himself; for you
know, that when I was in Boston last, I expostulated with him ;
\\hen he said I had no interest in the ice business ; and that he
had taken his stand, and I might take mine. I told Mr. Tudor,
that I could not give up the idea of my having an interest in

213
the ice business, for I had paid him $6,000 for it ; and that I
should not give it up without making a struggle, and if in this
struggle his interests should suffer, he must never lay any blame
to me. I believe my conduct to Mr. Tudor has been open, free
and in nowise unjust When he commenced the attack on me
in 1835, I told him I would sefl, and then he could do as he
liked. He would not buy ; for, said he ' you have nothing to sell.'
During all this warfare, he has tried to cast me out ; and even in
his Power of 20th Oct. last, to Mr. Fenno, he continued his in
tention of casting me out, for he thought of making a contract
with the Government, and then, if Fenno thought fit (or saw fit)
so to do, he was to admit me for one fifth interest"
Dec. 21. [To Mr. Tudor.] « In my letter of the first inst, I
told you what Mr. Fenno wished me to do in regard to the new
contract and my answer to him. I also wrote you that I should
send my special Power to treat with you respecting the Havana
ice-house. This I have done ; and I suppose by this time the
proposals have been made you for the purchase of your four
fifths of the house. As the contract made wilh the Government
of Havana, in 1830, expires on the 31st inst, and whatever
quantity of ice there may be on hand at that time, four fifths of
it belong to you, it is right and just that you should receive an
equivalent for it ; and I have thought that the most direct, as wefl
as the quickest way to ascertain how much it should be is, to
measure the ice on hand on the 31st inst and ascertain, as near
as possible, by comparing wilh former years, how long it wifl
last, and then make an average of the sales, for two, three, or
four years past, for the value of the ice on hand at the time of
measurement, four fifths of which I propose to pay you, after de
ducting the current expenses, commissions, &c. If this should
be agreed upon by you, you will please inform Mr. Hobbs of it,
who is requested to give me immediate notice, and upon which I
will forward you the amount"
Jan. 3, 1839. " The above is a copy of the .lournal for the last
eleven days of December, 1838, together with the sums of the
two preceding copies forwarded. I wifl raake up the accounts
for the last month, in a day or two, and add November to it, when
I will remit your part of the proceeds since the seUleraent with
Mr. Fenno. As I wrote you on the 21st uito. respecting the
measuring of the ice which might be on hand on the 31st, the
contract made with the Government in 1830 expiring on that
day, &c., I did, on the 31st of December uito., call in Mr. The
odore Phinney and Mr. Levi Fletcher, together with the Com
issario of this Barrio; the two former, for examining and meas
uring the ice, the latter to certify the doings of the former. After

214
examining and measuring, they made the quantity on hand to
be 5203 cubic feel," &c. &c. &c. " My opinion is that the dif
ference in quantity between this year and last, would be about
equal for this year to hold out to the 1st of Aprfl next ; making
the present supply equal to three months, which supply, I wifl
purchase at the average sales for the corresponding time of the
last two years."
Whilst I was thus preparing to remit his money to him, the
foflowing letter from him was on its way to me :
Dec. 22, 1838. " I have this day drawn on you at five days
sight, in favor of Messrs. DeConinck & Spalding, three bifls; first,
for what you admit is due me of the sales of Nov., and what I
suppose (say the second bill) falls due me for the sales to the
close of the year. The third bill is for $1500, being the amount
estimated to be due for the balance of the ice shipped the past
season. " I have requested Messrs. DeConinck & Spalding not to have
the bills protested if you have remitted me since the 1st inst ;
but if not, lo proceed regularly if they are not accepted and paid
according to their tenor.
"I earnesfly request you not to have these bills dishonored;
and in the course you adopt in this matter, I shall see whether
there is any latent hope of ever being on good terms wflh you
again, or whether there is to be nothing for the future but endless
hostility. " P. S. I wish you, if convenient, to pay the bills on presenta
tion, (v) The first is for $937.2 ; the second, for $750 ; the third,
$1500." (t>) Not only does he draw " at five days sight," but he wishes that I pay the bills
" on presentation." Why such desperate haste? I leave it to the reader to guess,
after being informed that Mr. Tudor had just adopted the course of instituting a
new suit against me, (and a new attachment on my property,) claiming damages to
the amount of one hundred thousand dollars. It is on the very heel of this amica
ble proceeding that he despatches his bills, and does " earnestly request you not to
have these bills dishonored ; and in the course you adopt in this matter, I shall
see whether there is any latent hope, of ever being on^good terms with you again."
Query : could Mr. Tudor think it possible that his bills could be accepted and
paid, unless this should be done before I got wind of his new step for getting "on
good terms?" Any one who can believe it possible that such expectation could
be entertained by him, can also believe it /iossi6/e that his reason for drawing at short
sight and making this whining appeal (sounding so much like a true note of dis
tress) to my good feelings, was something else than the hope of surprising me be
fore intelligence of his " war to the knife " movement should reach me.
This is one point in this good-faith transaction. And now for another:
It will be recollected, that, in my letter of April 1st, 1838, I had given him to
understand that the money of his, then " in my trunk," or which might come there,
should remain there until he should " have raised the interdict on my property and
person ; " in other words, discontinue his Boston suit and attachment.
Accordingly, when he despatched Mr. Fenno to Havana, he did not forget to in
form me that Mr. Fenno was authorized " to give you a release of the suit now
pending against you here, in case a settlement of accounts is made."

215
What reception I gave to these bifls will be seen from the first
of the following extracts from letters to my friend in Boston :
Jan. 7. " The above is a copy of a letter from Mr. Tudor,
advising that he had drawn three bifls on rae to the amount of
$3187 .2rs. These bflls I have protested, stating in the protest
that it is for just motives that support me in it. These just mo
tives are, first, that Tudor has no such sum due him from here ;
and secondly, that your letter informs me that Tudor has re-com
menced a suit against me for $100,000, and laid another attach
ment on my property in Summer street Now, I think I am
perfecfly justified in protesting these bills, and in refusing to
make any more remittances, of that which I may have on hand,
or may come into my hands hereafter, so long as he continues to
molest me with attachments."
" He could have no idea that I should be made acquainted
with the new attachment until I had accepted his bills ; and your
notice of it came just in time to save me.
" I expect, in a few days, to have letters giving an account of
your negotiation wilh Mr. Tudor for the purchase of his part of
the house. As he is going on, I think you will see the impro
priety of coming lo any arrangement [w) with him, for a contin
uance of our co-partnership. It is impossible for him to come to
any just arrangement."
Jan. 12. " I was aware of Fenno's being a partner with Tu
dor. Fenno told it me himself, and said he should have the
transacting of all the business hereafter, and there would be no
doubt of our agreeing harmoniously, and much more of such
kind of soft soap. But when he found I would not petition the
Cabildo to annul my Contract, so that he might apply for it, he
changed his tone, and said that Mr. Tudor -vi'ould commence a
suit against me, and it would go before an honest and impartial
jury in Boston, and it would be likely they would call on him
for declarations, and much more of a similar kind. These I
Well, the settlement was made; and in consequence thereof, Mr. Fenno pocket
ed for Mr. Tudor, (his own commission included, whatever this may have been,)
nearly twenty-one thousand dollars. He simultaneously executed a notarial deed,
(without which, the money must still have remained in my trunk,) giving me the
"release of the suit now pending against you here."
Of course, Mr. Tudor's "good faith," — to say nothing of the force of law, —
would not allow him to do otherwise than proceed at Boston to withdraw his suit
and raise the attachment. This was most scrupulously done by him. In the very
same breath,  without so much as taking a turn in the Clerk's office, so far as I
am informed,  he instituted a new suit, for five times the amount of the former,
and attached my property again I , . , .
So much, then, did I gain by letting his 820,824 pass from my trunk into his
pocket! If this be " good faith " in law, then must law indeed be, — as Mr. Tudor
had long ago informed me it was, — " a very different thing from equity."
(w) See the close of my letter of Dec. 5.

216
took as menaces, and let them pass by without any reply. He
went into a long history, to tell me that Mr. Tudor had once be
fore been usurped of his Privilege, but he drove the usurper
away and recovered his rights. To this I made no reply neither;
but I could have told Mr. Fenno something about thai usurpation,
as he cafled it, which he knew nothing of. I befleve I know as
much about that affair as Mr. Tudor himself; and if I was wflh
you two or three hours, I could give you an idea of it Here,
I wifl only say that Mr. Tudor had no more rights then, than he
has now."
The mode in which ray offer to purchase his part of the ice
house at cost, (though the building was now between seven and
eight years old,) was treated by Mr. Tudor, wifl be seen from the
foUowing extracts from a letter of Col. Hobbs. His rejection of
my offer was a very fortunate circumstance for me ; for, — as
wifl be seen presently, — had he accepted it, the amount paid him
would have been a clear loss to me.
Jan. 4, 1839. " The foflowing is a copy of my note to him to
day: " ' Frederic Tudor, Esq. : I am constrained to say, unless my
proposition be accepted before three o'clock to-day, I shall con
sider it as withdrawn, and notify my principal of that fact'
" Mr. Tudor says that he is wifling to guarantee {x) to you
the management of the business, as originally understood under
the contract, waiving all claim to interfere with your ten per cent."
— " Mr. Tudor denies ever having had an intention of taking
away from you your one fifth. Mr. Fenno showed me some lelters
which he calculates to make use of in this case, to prove that you
secretly applied to the Government of Havana for a contract in
your own name, after you were re-instated under the decision at
Principe. It may be necessary to rebut this with evidence.
" It is now past three o'clock, and I have no communication
from Mr. Tudor. Therefore the business of purchasing the ice
house is at an end."
I will now give some extracts from my letters in reply to this,
and to others which followed :
Feb. 9. " I have done no wrong to Mr. Tudor, but he has
done an in-eparable one to me ; and now he tells you he is ' wil
ling to guarantee to (me) the management of the business, as
originally under.stood under the contract, waiving all claim to in
terfere with (my) ten per cent. I know the way he understands
the ' constitution,' is, to ' instruct' me out, whenever he pleases."
(x) He -was iiow wilUng to " guarantee " that which he had been constantly in
tent upon finding some pretext for depriving me of, ever since the right to it had
been acquired by my acceptance of his reiterated proposal !

217
Mr. Tudor's denial that he ever had any intention of taking
away my fifth, amounts to nolhing ; for his acts to take it away
speak louder than words in denying his intentions so to do.
Where is Tudor's letter to you in March, 1835, saying that I
had forfeited my interest in the ice-house, &c. &c. ? where are
the numerous declarations of his agent Davenport, to the same
effect ? where is Tudor's letter to me, of Dec. 10, 1830 ? Are
these not actions which speak as loud and as clear as his present
professions ?
" When Mr. Fenno shows you any more ' letters,' which he
calculates to use in this case [at Boston] to prove that I secretly
applied to ihe Government for the contract in my own name, tell
him that it is false, a right down falsehood. To prove the falsity
of his ' letters,' I send you newspapers, in which my proposal was
published, the Government calling upon any one to better the
proposition. You will perceive Fenno's tone to me, by the in
closed copy of his letter of 1st January. He has denied ihe part
which I wrote to Mr. Tudor the 1st of Dec, and has inserted
what he says is a fact, but I say his insertion is false. I think
you ought to give but litfle faith to anything Fenno or Tudor
says ; if they do not give absolute falsehoods, they garble the
truth so that one can hardly tell whether it be truth or falsehood.
I believe Fenno's object in writing to me was to get me to put
something on paper, that they would, if convenient, take advantage
of; I therefore make him no reply. I think I can see in Fenno's
letter, that there is something out of the way between him and
Mr. Tudor ; and that the letter is intended to draw out something
from me, on which he may be able to build himself up again.
" Mr. Tudor's intentions not to take away my fifih, and Mr.
Fenno's ' cannot forbear to express the hope,' &c., appear to me
to chime in, as if they had become fearful ihat ' strength ' might
be wanting to accomplish their desires, and they had therefore
come to persuasions and protestations of intentions. This does
not look like a valorous man going to batfle, having a good cause
to defend.
" By your letter of the 2d Jan., I see the ground Mr. Tudor
was going to take, so as to consume time. He was wrong in
saying I would not ])roceed to business untfl Mr. Fenno had
procured papers, and was put to very useless expense. («/) We
(v) " I called on Mr. Tudor and informed him of the proposal I was empowered
to make He said he would not treat unless it was in a very formal way ; that you
had put Mr. Fenno to very useless expense to procure papers before you would
proceed to business with him. It was now necessary that he should adopt the
same course towards you, and he should require of me a certified copy of my
Power, and a proposition in writing." .„,... .v „ •„
This is valuable as a specimen of the minor fabncations, — the mall coin, —
^8

218
proceeded to business immediately on his arrival; and nothing
was said about expense or papers until the accounts were made
and ready for signing, and then, it was only to legalize his Power,
so that he could give a receipt and bind his principal lo stop the
law suit then pending in Boston. But notwithstanding those
precautions, it seems they have evaded, at least for the present,
afl of them."
Feb. 12. [To another friend.] " Whatever Tudor and Fenno
may say respecting their intentions about not taking my property
away from rae, they will do it if they can ; and any assertions
of theirs to the contrary, ought not to be credited for one moment
My friends here are of opinion that I have done even too much
towards a comproraise with Mr. Tudor, and that the better way
now, is to break with him entirely, and lake no notice or care of
him. This was the opinion of Mr.  yesterday." [The
gentleman here named was one of those to whom Mr. Tudor
was most indebted at Havana, and on the efficacy of whose
continued exertions in his favor he had most relied, during the
long crisis which immediately followed his sale to me of a share
in his "any Privilege."]
April 27. " Respecting the evidence you wrote me about, I
am advised by ray lawyer to take out a copy of all the memori
als which I addressed to the Government, together with the acts
of the Government upon them; which I think ought to be
enough to satisfy any one that what I have done has been done
according to the laws and customs of the country. But if there
should be further proof wanted, I shall send you the names of
all the Regidores (answering to your Aldermen,) who were im
mediately concerned in the making of the contract, together with
flie Procurador Sindico General, whose duty it is to look after
the interests of the inhabitants and defend their rights. The.se
were immediately concerned, (like a committee of your Alder
men,) and their report made to the Board, lo be adopted, or mod
ified or rejected. So, if there had been any 'fraud,' it would
have been with all of them, more than a dozen in number." >
which Tudor has deemed it not unworthy his lofty character to employ himself
in stamping and giving circulation to, respecting the "poor miserable carpenter."
The truth of the matter was, that, to spare him " expense," — certainly not for
my own gratification, — Mr. Fenno, from the moment of his arrival at Havana, had
been invited to be, and had been my guest. The only expense to which he was
put, was that of having his Power translated and notarially recorded; and Mr.
Tudor was perfectly aware that without this formality, the Power was as worth
less, and all acts under it as invalid, as if it had been a piece of old newspaper.
This was the case at Havana. As for his little "Ut for tat," at Boston, — where
such formalities are but Uttle known ; and where, if it had been otherwise, they
were not demanded by the nature of the case at that point, — it harmonized well
with the "grand climacteric " to which this "child of a larger growth," was ap
proaching.

219
May 24. " I now send," &c. &c. " The accusation of Tudor,
that 1 fraudulently obtained the contract to supply this place with
ice, is as false as the other pretexts he has made use of before
now, to despoil me of my rights, and resist the fulfilment of the
contract we had entered into, forcing me into law suits which he
has lost by the decision of the Courts here.
" It was impossible that I should have obtained this contract
fraudulently ; as, according to the laws, the City Council cannot
make contracts unless the proposals are made public by announc
ing them in the papers of the city, as you wifl recollect was
done in those of the 28th, 29lh, and oOth of January, last year,
which I remitted. In those papers I remitted you, all persons
were invited or cafled upon who might wish to belter the propo
sals which I had made ; and although time was allowed, that
they might do it, no one presented himself ; on which account
the contract was ratified with me. You will be more fully in
structed by the exact and legal copy of the process remitted you,
through which the contract was made, and is more than suffi
cient proof of the legality of my contract and which you can
make use of in your Courts to show them, I think, that they have
nothing to do in this aff'air.
" Mr. Tudor has not proceeded with me, with the same frank
ness and faithfulness I have wilh him. You will see in lhis pro
cess I told the City Council, that if Tudor wished, and agreed
with me on the conditions of the contract, we would be partners.
I feel sure he would not have done this with me. I not only did
this, but immediately gave him notice, as you will see by the
copies of the letters I have sent you, and invited him to enter in
to the proposals. But that which he did was, lo remit me a
Power, that I should accept the new contract for him; and ac
companying it by a letter in which he denied me the right of
charging the ten per cent, or the fifth interest, which, by a writ
ten agreement, has belonged to me ever since the first contract."
Nevertheless, Mr. Tudor found means to keep his Boston suit
.for $100,000 pending over me ; and to deprive me, so long as it
should be in his power to keep matters in this stale, of all con
trol over my property there ; a sale of a portion of which had, in
consequence of his attachment, been interfered with, in such a
way as to expose me to serious loss and trouble from the bona,
fide purchasers, who had come upon me with a claim for dam
ages. In this state of things I was determined, — as I had informed
my correspondent, — that no property of his in my hands should
pass out of them until he should have ceased so to harass me.
In one respect, however, — as has already been intimated, — I

220
have reason to be thankful for the course he saw fit to pursue ;
for, had he desisted from his persecutions and accepted my offer
of $13,600, it would have been to me a clear loss of so much
money. The reason wfll appear from the following order of the
Captain General :
" Captain Generalcy of the Ever Faithful Island of Cuba,
Havana, Oct 21, 1839.
" The chief Alguazil of this Captain Generalcy, wifl notify to
the ice-contractor, that he proceed to demolish ihe ice-house, sit
uated between the houses adjacent to the Cathedral Church, up
on the wall in the vicinity of the Boquete ; this being in confor
mity with the deed executed on the 5lh August, 1831 — Which
order issues at the request of the Commandant of Engineers, who
is about to proceed immediately to the repairing of said wall.
Espeleta."
This was followed by another, under date October 25 :
" In view of the representation made by Mr. John W. Damon,
expressing his compliance with the order requiring him lo pro
ceed immediately to the demolition of the ice-house, and praying
time lo build another deposite, I have judged fit to grant him
until the 1st of April of next year; by which day, the house
must have been demolished and Ihe ground cleared away.
Which will be notified to him by the chief Alq'uazil of this
Captain Generalcy. Espeleta."
This order left me, of course, no option but to build immedi
ately on the lot mentioned in my letter of Dec. 4, 1838, as
having been offered me; and then pulldown the building, for
Mr. Tudor's share in which I had offered hira nearly $14,000.
His mode of treating that offer had therefore saved me from a
heavy loss.
The intimation has got abroad, — whether originating with
Mr. Tudor, he can best say, — that this order of the Captain
General was procured by me ! Not to mention other proofs
which raight be adduced to show the absurdity of this slander,
I will state one fact v.'hich is conclusive upon the subject The.
reader is aware [see § 6] how the ice-house stood with reference
to the wafl of the city. That wafl, — buifl of hewn stone, and
rising from beneath the surface of the water of the Bay, to an
average height of some thirty feet or more, — had become much
undermined by the action of the waves; and the work of re
pairing it, mentioned in the order of the Captain General, con
sisted in taking it down andrebuflding it upon a new foundation.
The repair was a general one, and had begun at the other ex
tremity of the city, nearly a mile from where the ice-house stood.
Such is the nature of the Utfle job, — involving the immense

221
labor and expense of coffer-dams, &c. &c., in a turbulent sea, —
which, according to the stupid slander referred to, was got up
through my intrigues with the authorities ! And all for the pur
pose of benefiting myself at the expense of Mr. Frederic
Tudor!! A fair specimen this, of the accuracy of the information ob
tained from some sources in regard to Havana affairs.
The demolition of the building, of course took place; and
thus terminated that community of property between Mr. Tudor
and myself which survived, for sometime, the expiration of the
partnership, (or partnership no-partnership,) wilh the history of
which, from the raoraent of its conception down to that of its
death, the reader is now sufficiently acquainted. It only remains
to add, that besides his Boston suit for $100,000 damages, Mr.
Tudor saw fit to institute the one at Havana, mentioned at the
beginning of this exposition, wherein he claimed to be the own
er of four fifths of the contract entered into by me with the
Cabildo !
The mode in which, and the principles upon which, this suit
has been prosecuted by him, may perhaps form the subject of a
supplemental narrative, wherein other distinguished personages
besides Mr. Tudor, will be seen to figure.

APPENDIX.

APPENDIX.

(A.)
Contract between J. W. Damon and the Authorities of the City
of Havana.
( Translation.)
In the ever most faithful City of Havana, on the 23d of
August, 1838, before me, the undersigned Notary and witnesses,
appeared Mr. John W. Damon, a resident and trader in this
place, known to me, and said that he has agreed with the most
excellent Ayuntamiento, with the approbation of the raost excel
lent Lord its President, the Governor and Captain General,
to close and execute the Contract for supplying the City with
ice, (the existing Contract being to expire on the 31st Dec. of the
present year,) the preflrainaries to said Contract having been
proceeded in according to law, by the publication of the propo
sals, and the due participation to His Exceflency the Intendant
and Superintendent General of the Royal Hacienda, which
Contract is in the terms following, to wit:
First. The said Damon binds himself to supply the market
of this place with ice, for the term of ten years, to be counted
from the 1st day of January, 1839, and to end on the 1st day of
January, 1849.
Second. The ice shafl be sold to the public at one half real
the pound ; and no higher price shall be demanded under any
pretext whatever, during the term of his contract
Third. As a security for a constant supply of ice, he binds
himself, in case of a failure of supply, through any default of
his or of his agents, for twenty consecutive days, to pay the penal
ty of $4000, which payment shall be made to the most excellent
Ayuntamiento. And for the punctual fulfilment of this condi
tion adequate security shall be given.
29

226
Fourth. In conformity with what has been agreed upon, said
Damon shall have and enjoy the exclusive privilege of supplying
ice, and no other person shall be allowed to introduce or to vend
said article during the period for which this contract is made.
[Here follow other numerous detafls; after which the instru
ment closes as follows.]
And being present Don Jose Patricio de Sizgado and Don
Carlos Jose Pedroso, Regidores commissioned by the most ex
cellent Ayuntamiento, and Don Romualdo de Zamora, Syndic
Procurador General, known to me, ihey accepted, in behalf of
those whom they represent, this Deed and the Mortgage therein
embodied. In testimony whereof the said Regidores and Syn
dic, together wilh the Contractor, hereunto set their names, &c.
&c. (B.)
[ Copy.]
Memorandum of Proposal to Mr. J. W. Damon.
I wfll sell one tenth of the ice-house and rights appurtenant,
for three thousand dollars, payable in one, two, and three years,,
with interest. The sale to be made the 1st of Jan. next, say
when you are in Boston. Or I will contract to sell you the
same share for one dollar at the end of the term proposed below;.
together with another tenth for three thousand dollars, if you are
willing to return here, conducting the business as at present, and
remain here two years and a half, that is to say, three summers.
You will then have one fifth of the concern for three thousand
doflars paid.
It is understood, when a parlner in the concern, you are to
undertake to look after the business, and when it shall be neces
sary, lo come here : although you would perhaps do this for
your own interest, it is necessary to me that it should be
agreed for.
If the business should be equal in gross to 16, 17, or $18,000
per annum, you wifl make a profit by buying, next January, for
$3,000, ralher than have it sold to you for one dollar, in the 3d
year. After you have accomplished the time which I am desirous
you should remain here, your are, in your occasional visits, to be
allowed, say two dollars a day during your absence from Bos
ton on the business.
At the termination of the present year you will be better able
to know what the business wifl, in all probabflity, amount to>

227
and I make the proposition to you absolutely, and give you the
offer ol accepting it until the first of January next
Observations.
It is my wish to keep you here in good pay for some time,
and not asking you to run risks, but making you the one dollar
offer, and the further right of purchase at the termination of the
three summers for three thousand dollars, to complete your fifih
mterest, although it may be worth more. If it is worth less, you
are not bound to take it
By a steady conduct of the business, wflh a uniformity of
«^PP'y) you wifl know what the business ought to be, and" the
agent who may be subsequently appointed be checked by the
records of five years which wfll be known to be correct
The Increase of the Business.
I have not changed my opinion respecting street sales ; and I
should, if there had not been so much to do, have urged it more
particularly. I hope you wifl make another and determined
effort to get it going on when there is some leisure. I think the
sales may be doubled by this thing.
I have put the net income at $10,000, allowing $6,000 for
expenses, but if one cargo can be made to answer, they wifl be
reduced very nearly one half.
I do not think any increase is to be expected, unless it is to be
effected by street sales ; with a warm season it wifl be better,
and with a cold one worse, than last year.
Concluding Observations.
I cannot be expected to sefl at a rate less than what the prop
erty itself will produce in three years.
It is no object to me lo sell, unless all the personal 'attention
which may be necessary here, shall be given by the purchaser,
with an allowance, as above stated, for his expenses.
To be relieved from personal attention to the business, partic
ularly here, is very desirable to me. If this country should
remain as it is, and nolhing occurs to interrupt the business, you
have a pretty fair prospect of owning a property 3^ years from
now, which will net you $2,000 or more annually, and in
the progress to this, if disastrous events interfere, you will have
made and secured a very good pay for your trouble, let the busi
ness be interrupted at what period it may.
The present house is guaranteed to stand against being re
moved by the authorities of the place, for three years, and the

228
new house to be buifl at the expense of my four fifths. Your
fifih, instead of paying, is to be made up by your attention to
the erection ; and the concern charged with the two dollars, un
less you are here selling ice, as at present
Should you return home in Dec. with a view of coming out
here again, I ara willing to be charged two doubloons, if you
come by way of Baltimore or Philadelphia, rather than by the
way of Cape Cod in that stormy season. Frederick Tudor.
Havana, May 5th, 1823.
Sometime after the 1st of January, 1824, 1 having in my hand
this paper, distincfly offered to J. W. Damon to accept the prop
osition contained in it, and which he distinctly refused: which
refusal ended it F. T.
(B. B.)
Bill of Sale from Tudor to Damon.
In consideration of Six thousand dollars, paid to me by John
W. Damon, by his note of hand and money, I do hereby sefl to
hira one-fifth part of the ice house and its appurtenances, to
gether with the like proportion in any Privilege from the gov
ernment of Havana, where the ice house is situated, this interest
commencing on the first of January, eighteen hundred and
twenty-four. This sale does not extend to heirs or assigns ; but
in case of any misfortune whereby said J. W. Damon cannot ren
der any aid to the concern, then any money paid by him, for the
said fifth, may be refunded to his representative by F. Tudor,
the grantor, or his heirs; but not in case J. W. Damon should
remain in good health. The right of instructing the mode in
which the business shall be conducted is reserved entire in said
F. Tudor.
Said fifth is not to be charged any expense for cost and freight
of ice now in Havana, but bears its proportion of the commis
sions of $300, to be paid Mr. George Knight.
Refrigerators, jars, &c. to be sold on account solely of F.
Tudor. Mr. Damon goes to Havana, and is to charge the concern ten
per centum for his services and remittances and other necessary
care of the business ; the same as last year.
Frederic Tudor,
Boston, January 29, 1824. J. W. Damon.

229

(C.)
Reneival of the Privilege. — Extracts from my Letters to Mr.
Tudor. ( They convey a faint idea of the ' course which this
business took, and of the trouble and anxiety it occasioned me.)
Aug. 14, 1824. " I think it would be well for you to come out
here as soon as you can make it convenient. I have already
informed you that the original charier could not be found ; if it
had been, there would have been a memorial presented long
ago, which might have prevented the presenj: difficulty. If you
have it in your possession it would be well to bring il."
Sept. 2. " Mr. A. says he does not know whether there is
some intrigue or not ; nevertheless, Mr. D. has been asked for
his influence in favor of somebody, and gave an unfavorable
answer, says Mr. A. I understand Mr. F. is to be here next
month. I think it of the utmost importance that you should be
here as soon you can make it convenient."
Sept. 12. " I also learned of Mr. A. that a Spaniard (he said
he did not know who) had made a proposition to the Cabildo, to
supply the Havana with ice, at a real a pound, and that Mr. D.
had made the same proposal, (if I understood him right,) if
they would renew the charter."
Sept. 16. " I this day cafled again and presented him with
your letter, and requested his influence wilh the inhabitants of
this city, in your favor, respecting the ice Privilege. He said he
was willing to do all he could for your interest, that there was
no doubt the Cabildo would be willing to give you the pre
ference, and that Mr. D. would be able to accomplish the busi
ness. I'liope to see you here in all next month ; for I think it
of the utmost importance for the ice business, that you shoidd be
here." Sept. 21. " Yesterday, by accident, I met with J  A  ,
(he is the man who said he was trying for a Privilege, about 18
months past,) who told me he had a memorial before the Cabil
do for a Privilege. It is certainly for your interest that you
should come here as soon as you can make it convenient."
Oct. 2. " I have heard nothing from the Cabildo, or your
competitor, since my last."
Oct. 4. " If this finds you in Boston, it is of the utmost im
portance that you should come herein all possible speed; for I
have just seen Mr. D. who told me that the men who have pe
titioned the Cabildo, for the Privflege of bringing ice into the
Havana, have offered to supply the city at one real the pound,

230
and have a number of places about the city where the public
may be supplied. They do not ask for any land, but wfll erect
their house at a convenient place on their own land, and then
separate it to the places for the convenience of the public.
" It is now one o'clock, and the vessel is to sail this afternoon ;
do not neglect to come as soon as possible."
Oct. 12. " I wish that the causes of my fears were not of a
greater magnitude than you conceive them to be ; and if I have
disclosed a cowardly heart, you wifl impute it to my simplicity
or ignorance."Oct. 16. " I this morning called on the Doctor, to see if there
was anything done.in the Cabildo respecting the ice business,
who told me there was not ; there were six or eight men appoint
ed to consult and report on it, and it was likely in five or six days
he should be able to give something certain.
" M. told Mr. S. that there were some Spaniards determined
to take the ice business from you ; th-at it was contrary to the
laws of the country for a non-resident to carry on any business
in it, &c., and there was no doubt they would carry their
point." Oct. 18. " I have heard nothing of A. and his confederates,
since my last"
Oct. 26. "Yesterday I called on the Doctor, to know if any
thing had been done in the Cabildo respecting the Privilege.
The Doctor said everything was perfecfly secure ; for the Cabil
do had given you the preference instead of A., yet there were
some negocialions to be made with the  , which were to be
made or commenced that evening."
Nov. 3. " I was much disappointed when I found there
were no letters from you ; but I consoled myself with the idea,
that the reason you did not write, was, that you were about to
embark for this place."
Nov. 8. " Saturday I called for Mr. E.'s information about
the changing of the market; he said he did not think it would
be done soon, but when it was set in motion he would give us
notice, and recommended me lo D. for particular information, as
he was in the Cabildo the day before.
" When I saw Mr. D. he said, the affair of the privilege is not
yet concluded, and it is uncertain how it will turn ; therefore it
is best to patch up the house and say but litfle until the Privi
lege affair is settled."
Nov. 14. "I have not seen Messrs. E. or D. since my last;
but, by accident, I met with Mr. A., who said Mr. D. had a deal
of trouble about the ice privflege, that he had been accused of
being the contractor, &c.

231
" It is quite current about the city, that there is an opposition ;
and to-day I was told, by an ice-cream-maker, that he had been
told by one of the regidores, that, on the first of January, ice
was to be sold at a lower rale. One offered it at $3 the arobe,
and the other at 20 reals the arobe."
Nov. 19. " Mr. D. said the Privilege was now clear ; that at
the last silling of the Cabildo, it passed a vote that the prefer
ence should be given to you, and on the next (that is to-day) it
was to act on the length of time, price of ice, &c."
Nov. 21. " You have been told that the Doctor said he could
do nolhing, for want of the original charter. You have also been
asked some questions respecting the original charier, or a copy
of the same, but never have mentioned it in any of your letters ;
these are unpleasant things."
Nov. 26. " I then asked him how far he had progressed with
the ice Privilege. He said it was clear, but not yet concluded.
It was the same as I wrote you on the 19th and 21st inst"
" You exhort me to boldness, a suitable degree of which may
be called virtue ; but I hope you -will never be able to charge me
with temerity."
Nov. 27. " Mr. D. says, he does not think we shall be able to
get a dispensation of tonnage duty, only on those vessels loaded
entirely with ice." " Mr. D. says, it is a matter of doubt whether
we recover the exacted tonnage duty, as they were vessels that
arrived after the charter expired, and brought other articles."
Dec. 1. " I fear the papers wifl not be brought to a close be
fore January."
Dec. 9.. " The ice Privilege, in my opinion, is secure, and
will be placed on the same footing as before ; vessels bringing
nothing but ice will be cleared of tonnage duly, and no others."
Dec. 11. " Mr. F. came here this morning and said, he had
made inquiries and finds everything in a good way. Mr. F.
said, he had made inquiries respecting the tonnage duty, and
found that it was impossible for vessels bringing ice and other
articles lo be cleared of the tonnage duty."
1825. Jan. 28. " This morning I informed Mr. D. that the
supply of ice had failed ; he said that it was well that the con
tract was not concluded, for that would oblige us to have ice here
all the season."
March 3. " Yesterday I called on Doctor  , to inquire
after the contract ; he said, that nothing had been done for some
time, on account of the Commissioners being in the country, but
you raight be sure everything was secure."
March 9. " There has nothing taken place respecting the
tonnage or contract, since my letter of 27th. uito. continued to
3d inst."

232
March 17. " Every time I saw Mr. D. in January, he said,
he was looking for information of the old charter, to aid him in
drawing up the new contract"
March 19. " Mr. D. arrived in town yesterday afternoon. I
shall endeavor to see him as soon as convenient"
April 1. " I have seen Mr. D. since my last, who says noth
ing more is done about the Privilege. Mr. K. says, Mr. D. is
examining the papers you sent here."
April 7. " There has nothing been done for the Privflege, or
about the house, since mine of the 1st inst."
April 20. " There has nothing been done about the new
Privilege. I saw Mr. K. two days since, and he said Mr. D.
was in the country, but he was in hopes to have everything
settled before he left this for the U. S. which would be some
time in June."
April 25. " I am as ignorant of any further progress of the
Privilege, than of what you have been informed, as the man in
the moon ; not that I have not made inquiries, but that I believe
there has been no further disclosure made, however far it may
have been discussed by the Commissioners. I would wish, for
your own convenience, that you might be saved the fatigue of
a voyage here ; but for my own satisfaction, I should be very
happy to have you come."
April 27. " I have just returned from Doctor  , by way of
the Custom House. The Doctor tells me the sarae thing as
heretofore; that is, that everything is secure; but there is one
escritura wanted to finish the business. The reason it has not
been done, he says, is, that Mr. D. has been in the country, and
now is ill Matanzas."
May 11. "I saw Mr. D. to-day, who said nolhing further has
been done about the Privilege. They are now examining the
Custom House records to ascertain the tonnage duty."
June 10. " I was to see Doctor  three days since, who
told me the sarae as usual, that the Privilege was concedido, but
the Commissioners had not completed the contract."
June 21. " Mr. D. had some talk wilh the Doctor about
former papers, the Intendant, &c. I told Mr. D. that it had been
urged upon me very hard [by Mr. Tudor] to have the conti-act
finished ; when he made the answer, that it probably might be
done in two or three weeks."
July 1. " A few days since," [here some details about a doc-
unient wanted] "it is possible something may be done about the
Privilege soon."
July 6. " I saw Mr. D. this morning, when he showed me
the paper he had drawn up for the contract. The contract, I

233
think, contains seven articles, which I am not able to repeat,
having only looked it over whfle he read it It gives you the
exclusive privflege of supplying Havana and its suburbs with
ice, at a real per lb. for the term of six years from the 1st of
January, 1825."
July 20. " I asked Mr.  if there had been anything done
about the contract; he said no; the Intendant had refused to
admit any vessels with ice without paying the tonnage, "and that
he was about to levy a duty on ice. He said there was a memo
rial before the governor aboul it ; that all the documents were to
be collected and sent on to you. What wifl be the result of afl
this it is difficult to ascertain."
Aug. 24. " Mr. D. said he had had an interview with the In
tendant, and that he had promised to desist from the contribu
tion on ice, but it was not yet given officially."
Sept. 21. " About ten days since, Doctor  told me that
the affairs or things of the ice house estanandantes ; that is, are
going on."
Oct. 3. " This morning I presented the  your enclosed
letter. After reading it, he said he would inform himself of the
Sindico, how far the business had progressed, &c. and said he
would let me know in two or three days : for which I must
call at his house, and in case of his absence his major domo
would inform me. The  asked rae what D. had to do
with it, &c. I told hira that Mr. D. was appointed by the Ca
bildo to draw the contract, which had been done ; but not yet
accepted by the Cabildo. I told hira the Intendant had pro
posed to lay a contribution on the importation of ice ; which,
under present circumstances, would be ruinous."
Oct. 6. " This morning cafled on the  , when he said,
he had not been able to do any thing." — " I fear there is not
much to be expected from ihat quarter."
Oct. 17. " This morning I called on the  to know the
result of his inquiries at the Sindico's office, when he said, that
Mr. D. had not yet returned from the country, perhaps in a few
days he might, &c.
" It is possible the  may do something in our favor, but
this second delay strengthens my former doubts."
Nov. 15. " I have not been to see the  since I wrote
vou. I met Mr. D. about the time the Criterion arrived, when
he said the contract was hung up, or to that effect."
Nov. 30. " I have been to see the  since my letter of the
15th inst who said, he had spoken to one of the regidores ;
but, for want of information respecting the contract, (this is
pretty evident that he has not inquired of the Sindico,) that is,
30

234
how far it had proceeded, and what were the obstacles in the
wav, he could do no more; he v,'isht'd," &c. (kc.
Dec. 10. " Mr. D. said that the Fiscal had told him that if
it could be made evidt-nt that the importation of ice would not
bear the imposition of duties, he would consent lo have the con
tract passed."
1826. Feb. 21. "Last evenino- I returned from Matanzas,
which I have examined all over, and to give you a better idea of
the place, or rather to explain my own mor^ clearly, I have
sketched out a part of the city and its harbor. The city of IVfa-
lanzas stands," &c. &c. I am ralher donbtl'ul whether the first
year or two wifl be profitable, but it is likely it may become so
after a while. Many people appeared very anxious to have an
ice house established there; and Mr. M. said he had no doubt
but the authorities would grant everything that had been grant
ed in Havana, and anyihing more was very doubtful. 1 am
now to see what and how much has been done here, and then
make an attempt at Matanzas again; but I would like lo have
your o|)inion farther.
March 20. " I have had no time to inquire after the con
tract, for 1 have been so unwell since the discharge of the
Noble that 1 could do hardly anything."
Murtdt 25. " The Doctor said the contract remained as it
was some time since ; that is, with the Intendancy."
And thus did the matter go on, week after week, month after
month, and year after year.

(D.)
Mr. Tudor's first Pretext for Confiscating one half of my stipu-
lal.id. Compensation. — ''Impioper Letters." — His Munifi
cence illusl rated. — He " endfavors to be particularly mod-
era/e," and levies upon my one fifth Share a Ta.c of no more
than % 100 per annum. — Service of Kef ping and Remilting
his Money thrown upon me, and jierjbrmed gratis. — Loss of a
Rpmil/anre of $400 charged lo my account. — Cabbage Com
missions charged, and Dog's-Meat Charges disallowed.
I must here request the reader to turn to Mr. Tudor's
" :\lemorandnii-i of Proposal," and also to his Bill of Sale, and
peruse thetn with special reference to the two fi)ilowing ques
tions :
First. After becoming Mr. Tudor's partner, could I anticipate

235
that the gains of the joint concern were, before a division of them
between us, to be reduced by any charge on his part, in the
shape of compensatidn for the attention given by him to our
joint business ? After what had passed beiween us, had he any
right whatever, in law or in justice, to seize upon and appropri
ate to himself, under the name of a commission for his services
to the concern, any portion of the proceeds of our business?
Second. Had he, in law or in justice, any claim upon rae, as
ice-house keeper, for any services essentially differing in kind,
or e-ven in degree, from those rendered by me in thai capacity
previously to becoining his parlner?
With regard to the first of these questions, it is seen, that in
neither of ihe two documents is to be found a word, directly or
indirecfly intimating that Mr. Tudor was to receive any cotn-
pensation for continuing to give lo the business in which he had
sold me a fifth inierest the same agency which he had given
when the whole belonged to himself. In his proposal, Mr. Tu
dor had said, " At the termination of the present year you will
be better able to know what the business will in all probability
amount lo." How was this to inffuence me in my decision?
How, but as one of the elements for ascertaining what the busi
ness w^as worth? And how was this to be ascertained, but by
striking the balance between the expenditures and the receipts?
This balance showed what the property and business yielded ;
and when the owner of that property and business invitetl anoth
er to purchase a share therein, the invitation (in the absence of
all intimation to ihe contrary) could not but be understood as
being made with reference to the result oi the business, in regard
to profit or income ; said result to be arrived at in the same way,
for ihe future, that it had heretofore been arrived at. If, in keep
ing his account with the Havana establishment, Mr. Tudor had
been in the practice of distinguishing between the use of the
capital invested therein and his own agency in making that cap
ital productive, and, in consequence of such distinction of mak
ing against the establishment, under the latter head, a certain
charge as compensation for his services, his right to continue
this practice, in staling the accounts of the establishment, after
selling a share in it to any one duly notified thereof, would have
been inctmtestible. But is it not equally plain, that after such
sale, unless this were attended wilh a stipulation or explanation
to that effect, he could have no right lo introduce this practice ? (a)
(a) Besides this annual tax, under the name of "commissions," levied upon my
share of the concern, there was, so far as 1 know to the contrary, auothei aunual

236
We wfll now pass to the second question : the one relating to
the nature and extent of the services which he had a right to
require of me. On this point, Mr. Tudor's Proposal says, " con
ducting the business as at present;" which words determine no
less the nature of ihe services which he proposed to me to render
in consideration of the ten per cent and other advantages therein
held out, than the amount of that compensation. His Bill of Scde
says, " Mr. Damon is to charge the concern ten per cent for his
services and remittances and other necessary care of the busi
ness ; the same as last year. Here, also, it is "the same as last
year." The only difference between this definition and that con
tained in the previous document, is the one expressed by the
words " and remittances ; " and a most important difference it
proved lo be, not only to my " higher cares, trouble and anxiety,"
but to my pocket, as well as that of Mr. Tudor.
tax, — to say nothing of occasional assessments, — levied upon it, in the shape of
profits on the business of supplying the Havana establishment with ice.
So far as I know aught of the principles of justice and fair dealing, the only
course, on the part of Jlr. Tudor, at all compatible with them, was to charge those
supplies of ice a/ cos*. Some men, standing towards others in the relation in which
my purchase of a share in his estabUshment placed him towards me, would have
felt a single cent of profit on those supplies burn in their pockets like a lump of
frozen mercury. It is true that the obligation to furnish ice at cost was not ex
pressly contracted by him; but if ever there existed any such thing as an implied
obligation, surely there was one here.
When he was sole owner of the establishment, — at that time when he proposed
to me to become part owner of it, — there would have been absurdity in the idea
of his charging the ice furnished to it, at anything more than the bare and exact cost
What was the thing which he had sold to me, and which I had purchased ¦? Why,
a share in the establishment, as then conducted. Agreeably to his proposal, I was
to become the owner of one fifth thereof; and the income on my share was to be
one filth of that same income, the whole of which would continue to be his if I
should not accept his proposal. The sale being made, the income, — except so far
as might be stipulated to the contrary, — was not to be subject, previously to its
being divided between us, to any other deductions or charges than it had been sub
ject to at the time the sale was proposed.
That Mr. Tudor's " commission " tax was not the only one levied upon the share
he had sold me, I do not positively affirm ; for I have not the materials at hand to
substantiate such an assertion. But I do say, that I positively believe that he was
very far from governing himself by the principle of supplying our establishment
with ice at cost; and I do affirm that his course afforded more than one ground for
my belief In July, 1829, 1 wrote him as follows :
" 1 have your account of e.xpenses for this year, made out by Mr. Wyeth; and I
there observe that you continue your $ 500 commission, although there is an extra
charge for clerk hire. I also perceive, that the cargo of the Fiancis is brought into
the account. I hope there will be a sum equal, to balance it, from the insurers."
This, I give as a sample. To mention but one of the more general grounds upon
-ivhirh my belief arose: Mr. Tudor proposed, on more than one occasion, that I (!)
should name (of course reserving to himself the right to agree or not) the price per
ton at which the ice shipped to our establishment should be charged.
If my helieldoes him injustice, he possesses the materials for demonstrating this,
by proving that he made no profit on the suppUes to our establishment. If he can
.prove this, — or even that the aggregate cost, and nothing beyond the cost, of supply
ing the ice furnished to his different establishments, was charged to them and di
vided between them according to the quantities shipped to each, — I shaU cheer-
lully acknowledge that I am now laboring under an erroneous imcression.

237
Whflst intrusted with the Ice House as his agent, I had at
first had no other trouble or responsibility, connected wilh the
income of the establishment, than that of receiving the proceeds
of sales, and paying them over daily to the commercial house
by which his funds were remitted to him and the usual com
mission was charged ; which customary commission at Havana
was, in case of guarantee of the bflls remitted, 2^ per. cent ;
and without guarantee, 1| per cent (b)
Thus stood the matter, at the time his Proposal was made, in
May, 1823 ; which proposal was but a written " memorandum"
of' — to use his own words a year after — " the wish which I
pressed upon you in March and April." Down to this time, the
services, of which he was so anxious to secure the continuance,
at an increased compensation beyond the 10 per cent, had in
volved no further care or responsibility, regarding his funds, than
that above stated. A short time after, however, just previous to
his departure from Havana on his return to Boston, he expressed
the wish that, instead of paying over his money, as previously
practised, I would retain it in my own care and remit lo him
monthly. In an unguarded moment, I assented, (c) This,
(b) It will be seen that be held me strictly to the guarantee. Even after an un
doubted bill had been accepted, he would still keep himself safe behind the formula
— " which, when duly paid, shall be passed to your credit."
(c) It was a hasty and inconsiderate acquiescence on my part, which, under the
circumstances in which we then stood, could not be ascribed to any other motive
than a friendly and Uberal desire to gratify and to serve him. Although it was a
great saving to him, it was on my part (to say nothing of the personal risk attend
ing it) a purely gratuitous assumption of most serious trouble and anxiety; for,
no addition to the compensation I had been receiving whilst free from this care,
was offered, and none was asked ; and, seeing that Mr. Tudor's wish that I should
consent to continue in the post was already as urgent as it could well be, I could
not, in giving my assent to this modification of the " as at present," referred to in
his previous proposal, have been influenced by any such motive as a supposition
that my assent might be necessary to secure such a disposition on his part.
The service, then, was a purely gratuitous one, valuable to him, and, to my
self, onerous in the extreme, and even dangerous, as he himself subsequently
proved that he was conscious of its being. And yet, mark the sequel! It proved
the cause of reproaches and gratuitous insults from him, without number; nor
was this all, for my pocket was made to suffer. Towards the close of 1825, — -when
the amount which I had thus been remitting to Mr. Tudor, since the formation
of our partnership, was about $30,000, — I had the mishap to purchase for him a
biU for JE400, which turned out to be worthless. I had bought this particular bill
in preference to others, solely because he had enjoined it upon me not to buy bills
always of the same persons. I had good reason to believe the bill trustworthy,
or I should not have bought it ; but it turned out to be good for nothing. The
commissions which I had saved him exceeded the amount, many times told.
Nevertheless, so soon as be had reason to suppose the money was in jeopardy, he
wrote to me saying : " I know not how I can credit you with such a draft, when
neither drawee nor drawer are anywhere to be found. In my opinion it will be lost.
I shall leave it with you to determine whether you think I ought to lose by your
taking a bill which all sober-minded people would say was bad before it left
Havana." This is a aamplf of the "liberality" with which the "poor miserable carpenter'"

238
however, was the only modification of the " as at present," pro
posed in May, 1823, which entered into our subsequent agree
ment of January, 1824. And yet, we have seen what vast addi
tions to ray duties, as determined by this standard, had been
imposed upon me, by the force of circuinstances, — circumstances
which 1 could not have forseen, but which Mr. Tudor could not
but have foreseen, (in their general character at least,) and which
he was bound in good faith to apprise me of.
Such was the slate of the case, in reference to the two
points, presented by the above questions. And now for those
" improper letters," the reference lo which by Mr. Tudor has pro
duced this Appendix.
In a letter from hira, under date Dec. 1, 1824, occurs the fol
lowing paragraph :
" I shall, when I get your accounts lo the close of this month,
make up the accounts for the year. I have been in doubt what
I should charge the concern as my commissions. The Charles
ton and Savannah Ice Houses are charged $200 a cargo, or rath
er a year. I think $500 will be about right for Havana ; so that
you will pay $100."
To this, 1 replied, under date Dec. 27, as follows :
" I received your No. 33, after sunset, when I had completed
a hard day's work of digging, setting posts, &c. ; and nothing
could have induced me to write this evenino- but your mention
of .$500 commissions, — a thing never stipulated for, or even
thought of by me before now. In consequence of which 1 now
inform you that I shall charge the concern $3 per day for my
labor daring the addilion, [an addition to the Ice House -
which I was then cnnslructing, in pursuance of his " instruc
tions."] 1 shall expect a commission on all the remittances made
to you. Your charge of commissions amounts to upwards of
25 per cent, on the amount of your bill, -^.vhich, in iTiy opinion, is
high. You would not allow me anv commission on the sale of
cabbages and apples, but have yourself charged near 30 per
cent, on ibe pi-irchase." [The articles herein referred to, used to
accompany the cargoes of ice. Mr. Tudor had proposed, that, in
consideration of their perishable nature, they should be exempt
from my 10 per cent cornmission, and 1 had consented.]
Such was the " improper letter" relerred to by Mr. Tudor! On
receipt of it, he had stood aghast at my ineffable audacity, and
was afterwards to be reproached, as what he owed his fortune to I In my reply,
after stating the reasons which had determined me to purchase the bill, {and also
another, which he supposed to be bad, but which proved good,) 1 say, " I leave
it altogether with you, whether I shall be credited with them or not.'' There-
suit was, that the loss of the entire amount was thrown upon me ! !

239
had entertained serious " thoughts of discharging you as Ice
House Keeper, or reducing your pay one-half" He deigned,
nevertheless, lo enler into a justification of his commissions, as
follo\-\-s :
" The charge of a commission for transacting the business of a
concern is universally done, in all the ice-houses in which I
am concerned, and in all business that I ever heard of I might
as well ask you to sell the ice gratis in Havana, in consequence
of your owning a fifth, as you should expect 1 ara to do the busi
ness of the concern here and in Havana for nothing because I
own four fifths."
The reader cannot fail to be struck with the exact parallelism
of the two cases; and how perfectly this argument meets my ob
jection, that nothing of ihe sort had been stipulated for, nor inti
mated, when he had urged and induced me to consent to become
his parlner. He goes on :
" With respect to the awounl of the commission, $500, I an
swer, that 1 endeavored to be particularly moderate; and I may
add that I should willingly give $1500 to any person who would
and could take my place. I would, out of my own pocket, give
even $1500 to be relieved from the excessive care, trouble and
anxiety of the Havana concern. But there is no person who
could lake my place, or who can, were I to give that or more."
And so, because Mr. Frederic Tudor would have willingly
given $1500 to any one "who would and could" reWeve him
from "the excessive care, trouble and anxiety" which he found
it to his account to rernain subject to, as owner of four fifths of
the Havana concern ; because of this willingness in regard to
his own anxieties and his own pocket, he was " particularly
moderate " in taking no more than $100 a year out of my pock
et, in the shape of a contribution to indemnify hira for his " ex
cessive care,'' &c., levied upon the fifth part of the concern, which
he had sold me without the remotest hint that it was sold and
purchased subject to any such tax! Again, coming to the sub
ject of ihe cabbages, he says :
" You talk improperly about my refusing a commission to you
on apples, &c., and chiarging myself thirty per cent. The
subject is not worth reraai-king upon, for its amount; and
I only speak of it merely to say in answer, that I raake no charge
on these things whatever of commissions. In the conduct of the
business here, were there no care or concern but about shipping
ice, apples and cabbages, a very small commission would suffice;
but in the higher cares of this ctmccrn, in attending to everything
necessary, a very large commission is in fact earned, but which
I have not charged, and should, as I said before, be wflflng to

240
pay, could I find a substitute. You may rest assured I shafl not
reduce that charge."
Here we have it again. This twenty-five and thirty per cent
is not lo be considered in the light of a vulgar " commission." It
is no such thing; it is a sort of tertium quid, resulting from the
operation of Mr. Tudor's " particularly moderate " and generous
disposition, — a mediura beiween the "very small commission,"
which "would suffice" if it were only a vulgar shipment of
cabbages, &c., and the " very large commission, in fact earned,"
by Mr. Tudor's attention to the " higher cares." And this logic,
I had to rest satisfied wilh ; this " black mail" levy, I had lo put
up with, as the alternative to going to law about $100 ! And
let it be noted, that this notable illustration of the " they may take
who have the power" principle, comes from a man who had not
only sold a share in his business without any intimation that it
was to be subjected to any such tax, but who, (to use his own
expression after the sale,) had effected that sale through a reluct
ant yielding on my part to " the wish which I pressed upon you;"
and who afterwards acknowledged the truth, that he had ralher
be the owner of four fifths of the concern under my management,
than of the whole under the management of another, — an ac
knowledgment, too, which was made without reference to his
relief from that load of cares and troubles and anxiety which he
had contrived to throw from his own shoulders upon mine ; for
it was made at a time when, thanks to ray exertions, all " anx
iety " was at an end, and the business stood upon a perfectly se
cure footing in every respect, and it was with reference solely to
my ordinary services, that the estimate was made, (d)
With regard to the charge for the work of my hands as carpenter
and laborer, which I notified to him my intention to make, in con
sequence of the charge so unexpectedly presented by him, no one
apprized of all the circumstances of my position, will question
that it was one that I had a perfect right to make, even without
the provocation but for which it would not have been made.
And yet, his reply contains a denial of ray right to charge for
this labor, or for any other possible service, which, after it should
have been rendered, Mr. Tudor might see fit to say was but part
of ray duty, express or implied."
" Respecting your charging anything for any labor, or for re-
(d) In a hostile letter under date July 8, 1835, (written to serve as a sort of ground
work for a claim for heavy damages,) after calling upon me to return to my "duty,"
in devoting myself to the care of the establishment, he says ;
" I have repeatedly told you, and I now again write you, that I consider it rather
a loss to me to have the whole of the Havana ice-business, as I have at this time,
than to have my interest of four fifths protected and looked after, as it would be if
you fulfilled your engagements."

241
mittances, or anything which, by contract, it is the express or im
plied duty of the ice-house keeper to perform, you cannot."
Such was Ihe result of the objections which, in the reckless
ness of my disloyal temerfly, I dared to make to the accounts of
my flege. Nor were the objections altogether on my side. My
own accounts were transmitted at the same period, and Mr. Tu
dor found the occasion most favorable for retaliation. If I had
found "cabbage" commissions (or cabbaging commissions, if the
reader pleases) in his account, my own was open to the objection
that it contained a "dog-meat" charge. Even so! I had kept a
dog to guard the premises, and the cost of his maintenance had
been charged among the expenditures of the establishment, as
had also that of the food of a man hired in its service. On this
subject Mr. Tudor says:
" I now come to your account, which I suppose will prove
correct in the castings, and everything except the charge for nine
months board of a hired man, and the board of a dog. Both of
these are utterly disallowed."
This was written on the 8lh of Feb. 1825, — just two months
and eight days after the foflowing had flowed from the same
pen :
"I have some fear that handling specie at the ice-house may
sometimes be discovered by the bad gente (people) in the neigh
borhood. Nothing can be more dangerous than a knowledge of
this kind amongst this class of people ; your personal safety
would be endangered.
" I have often told you not to apjoear unprotected; be rather al
ways on your guard. In my last, I recommended particularly
tlmt you have a good DOG. A Spanish ladron (robber) never
makes an attack upon one who is looking out, and who is always
ready for defence."
From this, it is seen that Mr. Tudor was no less solicitous
about ray personal safety from robbers, in Dec. 1825, than he had
been in May, 1823, about the safety of the sarae precious person
from shipwreck the ensuing winter. In the one case, in order
to determine rae not to attempt the passage round Cape Cod " at
that stormy season," he offered to pay two ounces towards ray
travelling expenses by a safer route ; that is, provided always that
I should be travelling to Boston in the intention of continuing
my connection with Mr. Tudor's interests, and of returning to
Havana in compUance with his earnest wish. In the other case,
he is "particularly" desirous, I should "have a good dog," so
that I might have a chance for my life, even although robbers
should be tempted to assail it by that " specie " which Mr. Tudor
was requiring me to keep hoarded in a very exposed and danger-
31

242
ous position, in order that he might be gainer of the amount of
that commission which he used lo pay for safe keeping and re
mittance to the mercantile establishment where it used to be de
posited every afternoon.
Wefl then I It turns out, that this "good dog," -v\'hich Mr.
Tudor, whilst trembling for the fate of his " specie," was so
tremblingly alive to the importance of my procuring, — this good
dog had already been procured, and had perhaps been the means
of saving ray Ufe many a night, and with it, Mr. Tudor's specie.
And, inasmuch as he was not a chameleon, he had not lived upon
air, but had had dog's meat to eat And the cost of this rneatis
one of the two things in my account, which Mr. Tudor " utterly
disaflowed," by way of offset to my "impertinence" in finding
fault with his snip — I beg pardon, I mean — cabbage commis
sion. This' disallowance of the two charges in my account was
afterwards revoked. But the $100 a year, out of my pocket,
ctmtinued to be taken. If I was not satisfied, why, " the Courts
are open;" — this being the standing reply to all impertinent objec
tions from rae to cabbage commissions, or any other petty spoli
ations of which the above may be taken as samples.
(E.)
1829 — 30.
The post of Ice-House Keeper relinquished by me, April 17,1830.
— Resumed temporarily, August 27. — Again relinquished,
December 21. — Game played by Mr. Tudor in regard to this
matter, and kept up for about a twelvemonth. — Our Corres
pondence renewed by him. — His Love for Strict Discipline ex-
emplifi.ed.. — My Notification to him regarding Payment of Cer
tain Notes of his, held by me. — Novel Illustration of the Legal
Doctrine of " Set-off."
Late in December, 1829, I received from Mr. Tudor, un
der date Nov. 26, a letter replete wflh insult, announcing his
fixed determination to subject the ice-house keeper lo certain
new rules and regulations, and to reduce my compensation one
half; and desiring that, if I did not see fit to retain the post upon
those terms, I would place it in charge of some one else.
Although I was far from believing that he possessed, either in
law or in equity, any right to make any such reduction, I was
so heartfly sick of my connection with him as to experience any
thing but regret at the occasion for relinquishing the post which
everything had conspired to render hateful. In my reply, besides

243
giving various explanations called for by his unfounded charges
and unjust pretensions, I say :
Dec. 29, 1829. " Your No. 33, of the 26lh ult, is received. I
have read it, and pondered on it ; and if you had appointed or
named a successor, I would gladly have left the ice-house with
out any reply, as you have mentioned in your letter. But, as I
have heretofore told you that I could not think of taking the
responsibflity of appointing my successor, and you have seen fit
not to do it, I feel myself obliged to make some reply." — " Afl
the protestations I have made against the accusation of employ
ing your money for my own use, appear lo have no other effect
than to call forth more and stronger accusations. I make no
more protestations ; but I would be glad, if any one has given
you information to that effect, that you would inform me who it
was." — " You have, within a few months, accused me, in effect,
of telling you untruths ; but never before was it mentioned. I
wish you may get an ice-house keeper who will spend as much
of his time in the ice-house, and put his hand lo the work as I
have done." — " Restitution I have none to niake ; for I have
taken naught from you; but if you think I have not earned my
wages, or that I have made too much money, I will refer you to
my letter of the 14th March, 1825. I want nothing but that
which belongs to me. If you had informed me, three or four
months ago, that you intended to reduce my pay on the 1st of
January, 1830, I should have given you seasonable notice to
procure another ice-house keeper in season. To this reduction
of pay I do not assent."
Here, then, was an opportunity for Mr. Tudor. All he had
to do was, to send out an ice-house keeper, or even to name
some person in Havana whom I might place in charge without
being responsible for his conduct, and should this ever prove
bad, subjecting myself to future accusations and perhaps " ac
tions for damages" upon this ground.
On the 6th of Feb. 1830, acknowledging the receipt of his letter
of Jan. 9, I say : " I am happy to learn that your brother may
be expected here every day; who, I hope, will have power over
the affairs of the ice-house, as well as those with the Government."
Feb. 21. " Yesterday afternoon your brother arrived, by whom
I have received your No. 3. I have had but Uttle talk with him,
but by your lelteV I see ihat he has full power to act in all cases,
and I hope to have some conversation wflh him on the points of
disagreement If he shall call on me as interpreter between
him and Don Nicolas Escovedo, or any other persons, T assure
you that I wfll do as well as I can, although you have been
pleased lo cafl me 'disloyal ;' but I hope he may have been in
structed to take some one else."

244
But it turned out that Mr. Henry Tudor had not been provided
with either instructions or power "lo act in all cases." (a) He
called upon me for assistance in all matters, but could do noth
ing towards releasing me from my position by appointing a suc
cessor. Early in March, I received Mr. Tudor's letter No. 4, contain
ing, among other matter, the following :
Feb. 22. " I shafl make no change in [the] allowance to you
as ice-house keeper per my No. 33, of 26ih Nov. last You wifl
observe that by the reduction of the 10 per cent to 5 per cent
on the gross sales, you increase the general dividend. ¦ — Thus, if
this reduction had taken place last year, there would have been
added to the profits about $945, of which you have a fifth.
When your commission is $1000, at the 5 per cent, you make by
the reduction $200 more. To this, the 5 per cent, (for the pres
ent) on the Matanzas business, for care, receiving and remitting,
will add another $100. In all $1300, which is something more
than double what the business can be well done for.
" I have an excellent raan ready, and could have fifty, to lake
your place, at half the amount of the 5 per cent, and one who I
hope will not so soon forget his duty. I am desirous of having
you leave my concerns ; and you are to write to me your deter
mination on ihe Matanzas aff'air, and also respecting your accept
ance of the reduction. In order that no time be lost in useless
writing, your answer will be definitive on both subjects. My mind
is made up. It will doubfless be better and more satisfactory to
you to leave the employ. It must be painful to you to be con
tinually reminded of duty neglected. It is, I assure you, unsat
isfactory to rae to have a man in my employ who knows better
than I do how my business should be conducted."
" I shall allow you five per cent on the sale of crucibles. It
is an excellent sale.
(a) Mr. Tudor's No. 3 began as follows :
" My brother comes out to Havana with full power to act for me in all cases
whatever, and he will converse with you on the subject of the inconvenient derange
ment which is caused to me by inattention to the regularity and uniformity in re-
rnitiing. In fact, if you cannot get over this great deficiency of yours, itis not pos
sible to allow you, on any terms, to have the charge of nay concern in Havana."
But, so far from bis coming prepared "to act for me in all cases whatever," he
had not come at all prepared to act with reference to the very point here specified,
to wit : the quesuon whether I should, or should not, continue to hold the post of
ice-house keeper.
With regard to the " great deficiency," here spoken of by Mr. Tudor, he had
just been replied to, for the hundredth time : " To make remittances at the close of
each month, I believe to be as impracticable now, as I did when I wrote you on
the 3d of last September. I found it so on the 1st of January last, or I should not
have scut an order on Mr. H. for the balance of accounts of last year.

245
" Wrhe a prompt and decided answ-er to this letter." (b)
This medley of coaxing and bullying is what I received,
instead of the successor whom I had a right lo expect The
reader will not fail duly to admire the ingenuity of the argu
ment, in which Mr. Tudor deemed it worth his while to expend
his peculiar mixture of logic and arithmetic, to coax me into
the belief, that by accepting five instead of ten per cent (and
this upon the gross amount of sales,) as the compensation for
my services, I should, as owner of one-fifth of the net pro
ceeds, " make by the reduction." This farrago was repUed to,
as follows :
March 13. " Your No. 4, 22d of February, together wflh a
letter to your brother, were received last Monday, when I carried
(b) This is the main body and conclusion of the letter. The beginning is as
follows :
" I have your accounts, to the close of the year. They will be examined.
Your c'narge for a hired man, — exceeding a dollar a day through the year, — is
quite high, considering that it was never agreed to allow you a servant ; occasional
assistance has always been admitted."
He is here seen to assert, that it had " never been agreed, ^x." Let us go back to
the year 1824, the first year of our partnership. The reader need not be told of
the multifarious calls upon my time. at that period, and ever since ; and that these,
generally, were of a nature to require me to be running about town, and often to
lose much time, seeking or awaiting an opportunity to converse with people, on
subjects which Mr. Tudor ought to have been there to attend to himself An
assistant in the ice house was, therefore, absolutely indispensable ; it was a phy
sical impossibility that the business should get along wiihout one. Most men,
indeed, situated as Mr. Tudor was with regard to me, would have felt it incum
bent upon them, in common honesty and decency, to give roe a carte blanche on
the subject, and to enjoin it upon me to employ, not one, but a number. This, how
ever, never suggested itself to the patron, who has made people believe that I am in
debted to his liberality and generosity for my fortune. I was left to my own resources.
An assistant was employed by me, and his wages charged in my account. It was
this man's victuals, which, together with the dog's meat, had constituted the two
items in my account '' utterly disallowed" by Mr. Tudor, in February, 1825. [See
Appendix (D).] On that occasion I had replied to Mr. Tudor : " I do not see
why the dog's board is not a legitimate charge, and the man's also ; the one is
employed to work, and the other as a guard, not only of my person, but the ice
house and that which belongs to it." " The man I have with me, is the Greek you
saw here some twenty months since," &c.
Through the expansibility of my patron's generosity, the disallowance was
revoked, the employment of the man was approved, and his victuals allowed.
Subsequently, towards the close of 1S25, this assistant asked to have his wages
raised, and I wrote on the subject to Mr. Tudor, who replied as follows: "Re
specting the Greek, who wishes to have his wages to be increased, I leave that to
your discretion. "You [know] that white men do not obtain so high wages as
colored, because they are plenty and of less value. If you think it expedient to
¦ increase the pay of Antonio, I shall not object."
The necessity for my having an assistant continuing, I continued to employ one
from that time to the date of Mr. Tudor's present letter. And yet we here see
him, when intent upon finding grounds for "restitution" demands, putting down in
black and white, that it had "never been agreed to allow" me an assistant I or
" servant," as he finds it convenient to call him ; by way, perhaps, of conveying
the idea, that I had been making, against the concern, a charge for the wages of a
body-servant.

246
the one for your brother to him. After reading your letter to
me, I showed it to him, who was sick in bed, and wished I
would wait a day or two, that he might get up from his sick
ness before I should write. To-day is the first of his going
abroad, and I have asked him if he had power to come to a close
wilh me, as ice-house keeper, when he said no ; his mission was
merely to attend to the subject of a new ice-house, &c. This
puts me under the disagreeable necessity of informing you again,
that I cannot accept of the reduced commission on any account,
more particularly as I am not wanted ; and I would have been
glad if you had sent my successor.
" "The Matanzas affair, I beg leave to put off until I see you
in Boston, which will be, God permitting, in a short time after
my successor arrives."
Another month elapsed, and still no successor ! I then wrote
as follows :
April 11, 1830. Yours of the 13th uito. was received per
Nile, on the 2d instant, and I have shown it to your brother,
and told him that I could not think of stopping here [at the ice
house] any longer ; who said he would read over your letters
again, and see what his inslructions directed him to do, but he
has not given me any answer yet."
April 19, 1830. " A man has been procured to take charge of
the ice-house, and he entered on his duty the 17lh instant."
From this lime, I ceased to correspond with Mr. Tudor. I ex
pected, indeed, to leave Havana immediately, and to settle with
him, face to face, at Boston, all that remained to be settled between
us. At the earnest request of Mr. Henry Tudor, I consented to
continue to reside at the establishment, during the few days (as
I thought) that I had to remain, and to give my attention lo all
the matters with which he had been charged, as his brother's
representative. In a week, or less, — after placing provisionafly
in the post of ice-house keeper the person (a Mr. Limbough)
whom I had procured for him, until the individual mentioried
by his brother should have arrived, — he departed on his return
to Boston ; and my own departure being delayed from time to
time, I advised him, by frequent lelters, of the progress of the
matters to which he had requested ray attention.
On the 22d April, I wrote lo a friend at Boston :
" I believe the difference between Mr. Tudor and myself is
now coming to a close; and if so, there is no Ukelihood of any
ever occurring again, as I now have no charge here, [at the ice
house] only by request of Mr. Tudor's brother, lo look after and
advise the man here, so long as I remain. I expect to leave
this for New Orleans, soon ; from which place I shafl take pas-

247
sage up the river, as far as Ohio or Indiana, and then travel along
to the eastward, slowly."
On the 24th Aprfl, I wrote to the gentleman at Matanzas,
who gave an eye to our business there : " Mr. Henry Tudor
has transferred the agency of the ice business, to the house of
Messrs. Scufl, Storey & Co., and placed a man to take charge of
the selling of ice, and then returned to Boston, for which place I
expect to set out in ten or twelve days."
On the 26th of May, I -wrote to Mr. Henry Tudor : " On
account of my agreeing to settle the accounts of the ice-house,
I was detained here until I lost the opportunity of going to New
Orleans, as I expected ; and now, I fear that by the next oppor-
'unity for New Orleans, it will be too late for me take the course
through the western country ; so it is likely I shall remain here
the best part of the coming month, and then lake passage direct
to Boston."
The engagement here referred to, " to settle the accounts,"
had been entered into by me, at the desire of Mr. Henry Tudor,
and to oblige hira. An incident, connected with it, occasioned
the renewal of my correspondence with my partner. It will be
seen that, in the performance of my promise, I had advanced
money out of my own pocket, which was to be repaid from the
receipts of the ice-house ; that the re-payment of a portion of
this money was refused by Mr. Limbough, the ice-house
keeper, on the ground that he had not received instructions from
Mr. F. Tudor lo pay it; and that this refusal was applauded by
that genfleman, through his fondness for good discipline. On
the 15th June, Mr Tudor writes me a letter, in part (the rest of
it being on the subject of the new contract we were then seeking
to obtain) as follows :
"Ihave received several letters from you ;(c) and have not
-written, in expectation you had left Havana. I perceive by your
account current of 22d uito., this is not the case.
" I thought, upon reflection, you would not leave Havana at this
crisis of affairs. The Brig Mars, for our concern in Matanzas,
sailed some time since, and I hope may have arrived well.
When you reflect upon the Matanzas affair, you will come
right upon that question also, and matters will go along smoothly.
" I enclose you copy of a letter to Limbough, who appears to
be a really excellent man."
(c) The letters referred to, had been received long before. They had all been
written before I had retired from the post of ice-house keeper. Mr. Tudor seems
to have thought it best to appear not to have become aware of the fact, that I had
dropped all correspondence with him. He writes as if nothing of the sort had hap
pened ; and yet he must have been avi'are of it, for at least two of my letters to
his brother had been received.

248
The letter to Limbough was as follows :
"I have received your letter on, the subject of your refusal to
pay Mr. Damon more money than you were instructed to do.
This was correct; although I have every confidence in Mr. Da
mon, and he has considerable interest in the ice business for
Havana and Matanzas, still, he knows loo wefl how very satis
factory it is lo have an agent obey orders, not to be pleased (as
my partner) with you, when you have obeyed your instructions
even against him." (d)
In my reply, after giving the details respecting the new con
tract, in continuation of those contained in the lelters from time
to time addressed to his brother, I say :
July 31. " Your reflection hit ihe right place; it was the
'crisis of affairs' that has, and stifl keeps me here. I will be
stifl more honest, to declare to you, (although it may ruin the
already broken confidence you have in rae,) that had the entire
destruction of one or even two years' sales depended on my stay
here this season, I hardly think I could have been prevafled up
on to stop. You may be assured that on litis contract, now pend
ing, rests the Privilege of iyitroducing ice into this city for many
years to come."
" Mr. Scull tells me that his house has written you about in
structions, and has recommended your appointing a general
agent, SfC. ; for he could not think of taking any mure upon him
self, than he had promised your brother ; and if I mistake not,
my name was there mentioned, but in what manner I do not
recollect. I really wish you would appoint somebody to attend to
the affairs here, for I am very anxious to see you in Boston."
"There are two things in which I ask your favor: "First,
that you will not accuse rae of raeddling with the duties of the
ice-house keeper, for anything I have written in this letter ; for,
had I not subraitled to the request of your brother, — at the time
very much against my inclination, — to remain in the ice-house so
long as I should remain in this city, I should have known nolh
ing, and ignorance would have kept me silent Setond, that
you wifl appoint ihe general agent recommended by Mr. Scull,
very soon; so that I may be released from my present disagree
able state. These I shall receive of you as favors, and as such,
will ever appreciate them. I wait your immediate ansiver after
receiving this, if not anticipated in your letters to Messrs. Scufl,
Storey & Co."
Concerning the Limbough letter, which had been used by Mr.
Tudor, as a pretext for renewing our correspendence, I say:
(d) Here, under date June 15, 1830, is an acknowledgment of my being, at that
time, Mr. Tudor's "partner." The reader will please bear this in mind.

249
" I have to thank you for the copy of your letter to Mr. Lim
bough, and particularly for that part where you make mention
of the confidence you stiU appear to retain in me. I know not
what Mr. L. wrote you about giving rae more money than his
instructions w^ould aflow. If my recollection serves me right,
he was ordered by your brother, to repay me what I might have
to pay out, over and above the balance then due the ice-house
from me ; and I can hardly see why a mistake of raine to bring
in a specific sum should debar me from it If such is the case,
it is very dangerous, indeed, to raake mistakes or omissions."
After slating that I had not seen fit to quarrel with Mr. L. for
refusing this repayment, " although he says he remembers per
fectly well, seeing me give a sura of money to your brother the
day previous to his sailing," (which was the item refused,) I tell
him that he could not but think that his own course afiforded
just cause of complaint; -"when I had arranged matters in and
about the establishment, as well as time would admit, previous
to your brother's deparlLire, and then consented to take upon
myself, at the request of your brother, certain debts due from
the establishment, lo be repaid from the funds accruing to the
establishment, — to be refused the repayment of a certain part,
because it whs omitted in the first account exhibited ; and
then for you to send me a copy of a letter to the person who
refused me justice, lauding him for it, ' although I have confi
dence in Mr. D.,' — this puis rae in raind of a common saying
when I was a carpenter's apprentice-boy, 'fed with roast beef,
and then beaten with the spit' " [It is to be observed, too, that
with all these compliraents to Mr. Daraon, and to Mr. Lim
bough, for his rigid adherence to the rules of good discipline, no
order came to rectify the injustice committed through that rigid
ity, by repaying the money which I had advanced !]
Wilh respect to the " Matanzas affair,'' I say, in a letter writ
ten a few days after : " whether my mind wfll ever be correct on
the subject of Matanzas or not, it is impossible for me to say.
That it will never be in unison with yours, as expressed in letters
on that subject, is my sincere opinion at present."
My reply, from which the foregoing extracts are taken, was
closed in August, upwards of five months after the dale of Mr.
Tudor's letter of the 22d February, wherein, after stating, " I
HAVE an excellent man ready, and could have fifty, to take your
place, at half the amount of tho five per cent," he had wound
up with " write a prompt and decided answer to this letter." I
had conformed literally to this "instruction." On turning to my
reply of March 13, the reader will see that it was as decided a
one as could well be written ; and that, although delayed some
32

250
days, by the illness and the request of his own representative, it
was also prompt. Upwards of four months had elapsed since
it had been received by Mr. Tudor ; and yet his " exceUent man
ready" had not yet appeared above the Havana horizon; nor
did he ever show his face. Let the reader ponder upon the
course of events at this period; and then decide, whether he
does or does not believe that Mr. Tudor told the truth, when he
asserted, " I have an excellent man ready;" whether the conduct
of this gentleman, from beginning to end of the episode we are
now engaged in, does or does not deserve to be called a game;
and whether it is or is not in perfect keeping wilh the other parts
of the poem.
If neither the " exceflent man," nor anyone of the "fifty"
others, made his appearance, lelters came as thick as black
berries. The ice once broken by the compliment of enclosing
me a copy of his letter to Limbough, Mr. Tudor seemed deter
mined not to let the opening freeze up again. Whflst awaiting
his concession of the last " favor " 1 had asked of him, I had
lelters in abundance to reply to, although not of the sort which
I desired, or which the gentleman desired, who, at the urgent
request of his brother Henry, had consented to attend to his
business at Havana. What we both wanted, and expected by
every vessel, (besides the appearance of his "excellent man
ready,'' or of some other excellent man, who might not have
been "ready" in February, but had got ready since,) was, cer
tain deterrainations and dispositions on the part of Mr. Tudor
respecting the Privilege and Contract then pending, and at a
very critical point. Instead of this, there came letters to me,
freighted with arguments upon the subject, which I had, (as I
had a right to believe,) cut short and laid to rest, by my " prompt
and decided answer " of March 13. From my reply to one of
these missives, I will give some extracts :
Aug. 16, 1830. " You say you know not why my letters have
been directed to your brother, and that you never had written
me that, on my leaving the ice-house, I would be incompetent
to giving ihe directions, SfC. It was understood before your
brother left this place, that I should remain here ten or fifteen
days longer; and he requested me to have a representation
made to the Cabfldo, and that I should look after it as long as I
should remain here, and give account of, its progress, &c. To
this, I at first objected, having reference to the second postscript of
your No. 33, for 1829, dated Nov. 29, wherein you say I should
be aflowed to come to the ice-house ^ only as a visitor ; ' (e) that
(c) He had said, that in the event of my declining to remain in the post on the
terms proposed, " the new ice-house keeper will be subject to no control on your
part, and you will be allowed to come to the ice-house only as a visitor."

251
you had trusted me one year too long; that my disloyalty be
gan, (tec, &c. But when he said he requested it on his own au
thority, I consented, and told him I should make my communi
cations to him.
" Your brother, I recollect, urged the importance of my looking
after the business, saying that my interest was at stake. This, I
acknowledged; but your positive refusal to my being anything
more than a visitor overruled my interest Nevertheless, after I
had begun with the representation lo the Cabildo, I saw that the
contract was likely to be lost, if I should not continue to follow
it up. My determination has been, ever since I left charge of
the house, and now is, not to meddle with the duties or rights of
the ice-house keeper; when he has a.sked advice, I have invari
ably given it ; but when not asked, I do not give any.
" It is my opinion, that you want a person here to take charge
of your affairs, in whom you should have greater confidence
than you have had in any one who has had charge, at least for
these eleven years past. If you do not, you wfll always be in
hot water. You may give him some general instructions ; but
they should not be too minute, nor too strictly to be observed.
" You say you had no other course than the one you adopted,
because I would not explain the reasons of not remitting, &c. (/)
I gave you at the time all the reasons I had, and you as often
said they were not satisfactory. When you accused me of ap
propriating your money to my own use, I declared to the con
trary ; and then I was called a liar, and disloyal, and you said
that you should be indebted to me for the loss of your l-'rivilege,
&c. When your fears of my using your money for myself were
swept away by a remittance of ali, you slill persisted in your
proposal of your new rules and the reduction of ray salary; nor
did you clear me from the accusations of a — I say thief, for I
know of no other term to give it — and a liar. I did not see fit
to keep the house under those rules and those accusations.
" You have said, in the postscript to your letter, that whenever
I shall incline to accept the proposal made through your brother,
I can do it, and lake charge again if 1 like it I do not know
what proposal this is, as I have had no news from him since he
left here. I recollect he advised me to accept of your proposal
in your No. 33, and that I told hira I could not."
At length, after long waiting, I received Mr. Tudor's reply to
my letter of July 31 and August 4, which had concluded with
requesting as a favor which I would " ever appreciate," the im-
(f ) It is to be noted that 't every instance of an effort on his part to reduce my
compensation, his determination to do so was put upon the ground of some imput
ed misconduct in me.

252
mediate appointment of "the general agent recommended by
Mr. Scull, so that I may be released from my present disagreea
ble state." Instead of a compliance with my entreaty, there comes
another argument, or rather a repetition of the old threadbare
apologetic assertions, prefaced by a new asseveration of " confi
dence;" all uttered, too, in the same old tone of master.
August 26th, 1830. " I have received your letter of 30th ufl.,
with addition on 4th inst
" I have never withdrawn my confidence from you. I have
asked explanations, which you declined to give. When you
wished to do wrong in the case of the Matanzas concern, I
thought it time to take a stand against such a course, which
never can be considered otherwise than as I have placed it
" I reduced your pay, as I had a right to do. As my partner,
and interested in the Havana and the Matanzas concerns, you
are a different person from being keeper of the house and seller
of the ice. As interested, and owner of part of the property, I
had no control. How could I control, or take away, or lessen
your property ? But as agent for the concern and sefler of the
ice, &c., I had, and have, complete control.
" Five per cent, on gross sales, is enough and rich pay for the
services ; and rnore especially so, as you gained yourself one out
of the five per cent, saved.
" As to Mr. Limbough, I know very little about him ; and if
he has conducted improperly towards you, I should think him
very unwise; because it has always been in your power to dis
place him, al your pleasure. I had no expectation you would
refuse the ultimatum which I sent out to my brother. It was
reasonable and just I think it remains.
" As I have before repeatedly written, you can resume your
situation ; but never on any other terms than those proposed in
letters per Nile.
" I contemplate shipping a full cargo from hence or Kennebec ;
but the time when, will depend on circumstances and further
advices. " All my letters to you contain no such words or suggestions
as you suppose and say they contain ; I have carefully examined
them. It would have been not difficult, to have established the
good habit of remitting the 1st of every month, sent accounts and
done as I wished. You would not What other remedy bad I
than the one I adopted ?
" The Matanzas concern requires looking to, and Ihe imposi
tions of the government and people resisted in Ihat place."
One thing to be noted in this letter, (wflh reference to his sub
sequent course,) is, the acknowledgment of the fact that I was

253
his "partner ; " and, as " owner of part of the property," exempt
from all control.
Another thing is, that here, as on every other occasion, Mr. T.
shows that he had confounded two entirely distinct things, to
^yit : his right to instruct me, as ice-house keeper, and his
right to deprive me of the post, either directly or indirecfly, by
lowering my compensation. Here, as everywhere else, he be
trays this confusion of ideas : because I was subject, as ice-house
Keeper, to his " control," in one sense, therefore I was subject
to it with regard to deprivation of office. This is evidenfly his
train of thought Indeed, by his language and his acts, through
out, on this subject, he betrays a consciousness that he did not
possess the latter right absolutely ; for the pretension was always
advanced as a consequence of his right to instruct, and of my al
leged disregard thereof. I would not, he said, conform to his in
structions ; therefore, " what other remedy " had he ? The Irulh of
the matter is, that this afleged disobedience was A\ pretext ; and
only served to raake it obvious that he was conscious that he did
not possess the right If the child ask for liquorice and sugar
candy, as the "remedy " for a cold, when he has no cold, this
pretence of a cold only serves to prove, that, besides a longing
for sugar candy and liquorice, there is in him a consciousness
that he has no right to them, except as a " remedy." Just so in
regard to my 5 per cent, pearl, and the disease in Mr. T.'s ice
house keeper ; the only " remedy " for which was, that said
pearl should be gulped down by Mr. T., after the fashion of the
African doctors, who cure their patients by kindly swallowing
the " remedy."
Another thing to be noted is, the reproduction of Mr. T.'s pe
culiar mixture of logic and arithmetic; which, if he have not
taken out a patent for it, only serves to prove the unbounded-
ness of his " generosity" to the public, no less than to his ice
house keepers. He had announced his determination, that if I
remained ice house keeper, I must do so subject to new rules,
and at half the stipulated salary. He had instructed me to " write
a prompt and decided answer," " in order that no time may be
lost" in despatching the " exceflent man " whom he had "re'ady"
to take my place, at one half of the half generously offered me.
My answer, prompt and decided, and repeated over and over,
had been, that his new rules did not suit me, that I would con
sent to no reduction of my compensation, and I wished to be
relieved as soon as possible. And now, at Ihe end of August,
instead of sending his " excellent man," he sends me : " Five per
cent, on gross sales is enough and rich pay for the service ; and

254
more especially so, as you gained yourself one out of the five per
cent saved." {g)
Another thing to he particularly noticed, (with reference to his
subsequent course,) is, speaking of Limbough, " Jil has always
been in your power to displace him cd pleasure." Under a\\
the circumstances of L.'s appointraent, this was an absurdity.
The appointment had been made by Mr. Henry Tudor, in con
sequence of ray refusal to continue in the post, at a lime when I
expected to leave Havana immediately ; and I possessed no
shadow of authority to remove the incumbent, or lo interfere
wilh him in any way. And yet, see what Mr. Frederic here
says! In the course of a few months, we shall see from the
same hand a totally gratuitous and insulting denial that I had
possessed any authority to displace Mr. L. ! !
A short extract from my reply will suffice :
" You say you have asked explanations, which I have declined
to give. I have read your letters from No. 23, 1829, to No. 6, 1830,
and likewise all my answers to them, and can see nothing that I
could have said more in explanation, and you as often said it
was not satisfactory. I know of nothing more I could have
done. You say that your lelters contain no such words or sug
gestions as 1 suppose and say they contain ; for you have care
fuUy exarnined them. I will refer you to your No. 33, of 1829,
6th charge, (for a liar) the latter part of which says ' it arnounted
to tefling rae what was untrue;' to the 3d charge, (for what I
have called in one letter, iliief,) 'eraploying the money of the Ha
vana Ice House, — both last year and the present, — in loans, or
buying notes at excessive interest ; which interest you put in your
own pocket, and which I require to be accounted for as part of
(g) In the then state of the case, to send me any arguments on the subject, would
have been deemed, by any other man than Mr. Tudor, indecent. But this argu
ment was inherently absurd, and essentiallv preposterous. In the first place, it
lost sight of the distinction between gross sales and net profits. There are few, if
any, in the mercantile world, who would not gladly unite in a contribution that
would make Mr. T. forget all disasters from coffee speculations, could he but make
good, that one per cent, on gross sales and one per cent, on net profits, is one and
the same thing. In the next place, the rule by which he here works would estab
lish the fact, that, of the 5 per cent, which he proposed to cut me down to, he
would pay but four ; and so, it would be a reduction from 10 to 4 per cent. And,
although his rule was absurd, yet it was strictly true, that, so far as my 10 per cent.
could be considered as coming out of his pocket, it had really been but 8 per cent.
ever since I had become his partner. He has since declared, that he considered
four-fifths of the concern of greater value to him, under my management, than the
whole under that of another. Although, therefore, the 8 of my 10 per cent, on the
gross sales, which was contributed by Mr. T.'s four-fifth share, still amounted to 10
per cent, upon that share ; still, considered as a payment by Mr. T. for service re
ceived by Mr. T., the amount was but eight-tenths of that previously paid by hira
for a less amount of service ; for such the former had been, if he considered it more
advantageous to his interests to be owner of four-fifths than of the whole.

255
the revenue of the ice concern, without consenting to the loans
if slill at risk.' "
At the close of August, I consented, at the request of Mr. Tu
dor's attorney at Havana, provisionally to resume charge of the
ice-house, untfl Mr. Tudor should be able to send out a keeper.
If there was one point upon which, more than any other, Mr. Tu
dor was particular in his injunctions, it was, the importance of
not disclosing the amount of sales of the establishment, lest it
should give rise to exaggerated estimates of the value of the
business and to subsequent rivalry and hostility. On reference
to his letter of Aprfl 28, 1824, it will be seen Ihat he there lays
down : " But the best privilege and the greatest security will be
an exact attention that no whispering shall go abroad, that the
ice business is very good. That this may not be the case, never
forget the verbal instructions which I have given you to be fol
lowed. Do not buy your bifls all of one house," &c. &c.
Such was the vital importance attached by Mr. Tudor to secre
cy. If important at any time, it was peculiarly so at the present,
when we were about to obtain that exclusive Privilege whicli had
been the object of our untiring endeavors (or rather of my endeav
ors, and of /its desire and anxiety, with all the el celeras) for seven
years. At this critical juncture, it came to my knowledge that the
ice-house keeper was, through loquacity, violating Mr. Tudor's
aU-important injunction. I lost no lime in advising him of the
fact, which was immediately made known also to the house re
cently selected by his brother to attend to his interests. Some
days after, I advised Mr. Tudor of the result.
Sept. 2, 1830. " By this you wfll learn that I have charge
of the Havana ice-house. When I saw Mr. Storey again, he
said that he had no power to place any one in charge of the ice
house but myself, that having been given him in one of your late
letters. I told Mr. S. that I thought it very improper to have
the amount of sales made known, and as none could be placed in
charge but me, I would do it, under, as I thought, the present
critical affairs of the establishment, until you could be made
aware of it As it respects the charge I have of the sales of
ice, I consider myself under the direction of Messrs. Scull, Storey
4" Co., to whom I shall pay over the money from time to time."
This letter was replied to as follows :
Oct. 5, 1830. " I have received your letter of Sept. 2. It
was pleasing to me again to see your hand-writing reporting
sales, ^c. as in old times ; but your letter was not accompanied
with any observations on the subject of the Matanzas concern.
Until this is adjusted there can be no return to a just position.
I shall not concede to you anything more than 5 per cent on

256
the gross sales, and am entirely indifferent whether you retain
ilie position of^ keeper of the ice-house or not I am willing
you should, as I have confidence in your correctness in the
main. But I must confess to you, Mr. Damon, the Matanzas
affair has hurt you wilh me very much, very much. It is not
well what you have endeavored to do in that affair." (A)
(h) I have quoted the passage entire, to preclude all pretext for the charge of
garbling Mr. Tudor's letters by suppressing the expressions of dissatisfaction
coupled by him with those of a contrary character. This renders it necessary that
I should say a word regarding the " Matanzas affair," my conduct in which is here
referred to as so very reprehensible. To explain it in such a way as to enable the
reader to judge fully and conclusively of the respective merits of my course and
that of Mr. Tudor, and whether mine afforded cause for its hurting me in the esti
mation of any just man, it would be requisite to enter into details that would sen
sibly swell the mass of matter belonging to the subject of the Havana ice-house.
This subject is, in ilself, far too extensive to permit the introduction of others hav
ing no proper connection with it. I must therefore content myself with giving a
naked outline of the case, and stating that our Matanzas disagreement arose out
of an experiment, determined upon by Mr. Tudor, to establish an ice-house at
that place. The reader will see in the sequel, that, several years after the date of
the above letter, Mr. Tudor's emphatic protestations of entire and never-interrupted
confidence in my integrity, commenced in 1824, were reiterated. Consequently
the severe "hurt" which I had on the present occasion received, in his good opin
ion, must have proved quite a medicable wound, no less transient than severe.
Towards the close of 1830, the Matanzas experiment liaving thus far, — after
-some twelve or fifteen months trial, — proved a losing one, Mr. Tudor insisted that
I was concerned in it as owner of two-fifths; whereas I considered that I had no
share in it whatever. This was the disagreement. In regard to the nature of
the grounds for it, a sufficient idea is afforded by the following particulars :
Mr. Tudor, when the establishment at Matanzas was first determined upon by
him, had proposed that it should be a joint concern of ours. I had assented, and
expressed my willingness to take an interest of one-half. To this equality he de
murred, and he expressed his willingness to admit me to so near an approximation
as two-fifths. Thus the matter stood for some time ; when, in 1S28, it was re
sumed in the way shown by the foUowing extracts from my letters :
Aug. 29, 1828. " If you wish that I should go one-half with you at Matanzas, as
has been heretofore talked of, I am willing; but 1 would not wish to go anything
less than one-half Please to let me know your mind, on the receipt of this."
Oct. 21, 1S2S. " I observe what you say in your No. 19. I have heard nothing
from Matanzas since I sent a legalized copy," &c. &c. "I recollect perfectly well
that you opposed my being half concerned in the Matanzas business, on the
ground, if I recollect right, that you would lose the commanding part ; but I have
710 recollection of its being agreed to either way. I am not disposed at present to dis
agree respecting Matanzas, even should you refuse to let me participate any in it;
neither shall this loosen my exertions to obtain the Privilege there. But I will
write more fuUy on this hereafter."
Nov. 7, 1828. " In your No. 19, you say you had proposed my taking double the
interest in the Matanzas concern than I have in Havana, and that you could not
consent to any other proportion, &c., that you are giving up an important cus
tomer of Havana.
'¦You would be giving up an important customer of Havana, if no one else
would ever take hold of Matanzas," &c. &c. "My object in going equally con
cerned with you at Matanzas, was, to make money ; that is, I thought Matanzas
might be profitable, and while I was here, I should have about all my property
nearly, under my immediate inspection. But my vievi's are somewhat changed :
not that I think Matanzas will be unprofitable, but that I may change my place of
residence sooner than I was aware of."
This, it is to be borne in mind, was written before the Matanzas establishment

257
I have quoted this to show in what way the news of the dis
placement of Mr. Limbough was received. Wilh regard to the
rest of the letter, — the remarks about my retention of the post,
and the Matanzas affair, — I leave it to the reader to advert to
the state of the case between us at the time it was written, and
then to say whether fl was, or was not, afl a piece of " inexcusa
ble impertinence," as Mr. Tudor once said of a remark of mine
upon an item in one of his accounts. Under the circumstances
in which this letter was written, could it have been written by
any boy twelve years of age, imbued wilh a becoming sense of
what was due to himself even ?
But what will the reader think when he reads the foflowing :
Nov. 22, 1830. " I hereby forbid you to proceed in the erec
tion of an ice-house for my account in Havana. And it would
be with very great satisfaction I should hear, as 'you have
stepped in to prevent a fatal consequence,' that you would step
out of my ice-house in the Plaza San Francisco.
" And as you have turned out, without authority, a very ex
ceflent man, that you would replace the said man and prepare
yourself to answer to me for violations of the most plain con
tracts." This is the entire letter. Suppose the " very excellent man"
[It may be well lo say that I always bore explicit testimony to
his honesty, so far as I had means of judging] had been turned
was commenced, or any expense incurred there ; and my meaning, unless I greatly
mistake, is very clear and indubitable. When I said, " I am not disposed at present
to rfisogrcc respecting Matanzas," I meant, nonhat I consented to be interested in the
new establishment on any other footing than that of equality , hut that Iwas not dis
posed, should he persist in his refusal to admit me on that footing, to make this a
ground of disagreement or contention. On the contrary, my views having chang
ed, I was perfectly willing, and even glad, »io( to be interested in it.
Betwen four and five months after, to wit ; in March, 1839, the pains I had for a
long time been taking, were crowned with success, and I obtained the Privilege
for Mr. Tudor, for two years. I made repeated journeys to Matanzas, and pre
pared every thing for the reception of ice, the first cargo of which arrived in June.
On the 27th July, Mr. Tudor wrote as follows :
" The particular detail of instructions for Matanzas need not at present be gone
into. I should prefer, if that should be profitable, to have you receive the avails;
as your interest is two fifths in that undertaking, it may be better that you should
do every thing relating to it."
It is here seen, that Mr. Tudor, notwithstanding what had passed between us on
the subject, undprtakes to agree for me that my " interest is two fifths in that under
taking." In other words, I was to be a partner, whether I would or no; and for
such precise share as it pleased him to allot me. He was immediately replied to
as follows :
Sept. 3, 1829. " I would wish to decline receiving the avails from Matanzas, if
that concern should be profitable; and as you have refused, all along, my being
equally concerned with you in it, I now inform you that I decline having any part
in it."
Such was the nature of the case. The use to which it was ultimately put by
Mr. Tudor, in 1831, is seen in ^5.
33

258
out by me, — would this assertion of Mr. Tudor, that he had been
turned out " wiihout authority," have been true, or have had the
semblance of a shadow of truth, after I had received his letter
of August 26, saying : " As to Mr. Limbough, I know very lit
tle about him ; and if he has conducted improperly towards
you, I should think hira unwise ; because it has always been in
your power to displace hira at your pleasure ?"
Most consistent of all gentlemen, and most accurate withal !
But Mr. L. had not been turned out by me. And this Mr. Tu
dor positively knew. He had been turned out by his attorneys
at Havana ; and I had consented temporarily to take the place,
solely because Mr. Tudor had seen fit, not only not to send out
any one of his fifty-one excellent men, but to restrict the pow
er of appointment, recently given by him to his said attorneys,
to my individual self. Most consistent, most accurate, most just,
most liberal, most generous of all living gentlemen! Paragon of
partners and of "patrons" ! where shall we find your match ?
Thus much of the circumstances relating to my retirement
from the post of ice-house keeper, and thus much of the game
played by Mr. Tudor, in respect thereto. But the reader will
naturally inquire, ivhat was the cause of this new outbreak ?
In reply to this question I will state a few facts, respecting
Mr. Tudor's pecuniary position at the time, and leave it to the
reader to judge, whether, taken in connection wilh what he
has seen of ray partner's character, they afford a suflicient ex
planation of the motives, by which he was in this instance im
pelled. It is seen, that he here forbids me " to proceed in the erection
of an ice-house." Now, the course that our affairs had recently
taken at Havana, was such as to leave us no option whatever in
this respect ; and he had become apprised of my intention to
commence operations, the instant a site should be obtained.
But why should this put him beside himself? Because his
pecuniary position was such, as to render the bare idea of the
expense of the new building, absolute " distraction." The funds
yielded by the Havana establishment he wanted, and most sorely
wanted, for other purposes.
This I state as a fact, because here is the proof of it, in another
fact, (or, strictly speaking, a string of facts,) which' only served
to aggravate the inconvenience to hira of the impending neces
sity of applying to the erection of a new house, funds which
had been prospectively appropriated, in his mind, to other ob
jects. Mr. Tudor was my debtor, for raoney lent and advanced ;
and this, in the not insignificant sum of about six thousand dot-

259
lars. (i) Subsequenfly to writing his letter of October 5, — ac
knowledging mine of September 2, in reference to which he
was graciously pleased to say : " It was pleasing to me again to
see your handwriting, reporting sales, &c., as in old tiraes," — he
had received another letter from me, under date of September
18th-26th, containing, among other matters, the following :
" If my recoflection serves me right, it was understood, when
you gave me your notes, that I was to give you notice of a
month or two, before I called for their payment ; I now give
you notice that I shall want them paid in December next,
and I have written to Mr. Hobbs to have them ready for that
time." The directions to my friend, here referred to, were as follows :
" I wish you would, on receipt of this, demand the payment
of them and interest Mr. Tudor wrote me, a litfle less than a
year ago, that he would keep that raoney another year, if I did
not want it, at five per cent I wrote him that I did not want it,
and that he could act his pleasure as to paying or keeping it,
but that I thought it worth more than five per cent Some three
or four months afterwards, he wrote me that he understood, from
the tenor of my letter, that I wished him to keep the money at
five per cent, to which he acceded. To this last I made no
reply, thinking I should be in Boston soon after. Should he
stick at five per cent, for this year, you will let it go at that, but
recover six per cent, for the previous time."
So far, my string of facts goes to show, if anything, that Mr.
Tudor was rather flush of money, than otherwise. Had this
not been the nature of his position the year previous, he could
scarcely then have made it an act of friendly condescension and
Uberality to accommodate me, by retaining for another year, at
five per cent, money which he had borrowed at six. And if
this had been the state of the case the year previous, what reason
is there for supposing that it had now become reversed? That
reason consists in another fact, which I will now state, premis
ing, however, that I do not by any means adduce it, as conclu
sive proof that Mr. Tudor's position, in 1830, was the reverse of
what it had in truth been a year before ; but simply as proof that
it now was the reverse of what it might be supposed to have
been a year previous, judging from his then apparent unwifling-
ness to pay so high an interest as .six per cent After afl, the
truth of the matter might be, that this unwillingness had been
(i) By the settlement (or rather the liquidation) which took place between us,
shortly after, the exact amount then due, and acknowledged by him, was
$6,255 71.

260
but affected, — a mere stratagem, corresponding with other
pieces of Mr. Tudor's diplomacy. Whether it was so or not, I
leave it to those acquainted with the state of his affairs at that
period, (fall of 1829,) to pronounce. My remaining fact is, that
Mr. Tudor, although notified as we see he was, and although
the demand was made upon him, was not able to pay me my
money. And this inabflity existed, not only at that particular
time, but for a very considerable time afterwards. When I say
not able, I do not mean that it was an absolute impossibility to
him, (for I do not know that this was the case,) but merely, that
it was far more convenient to him not to pay. So far was this
the case, that when, in the month of March foflowing, we made
a final adjustment, (on the supposition that I was not to resume
the post of ice-house keeper,) instead of paying me my $6,255,
which I had repaired to Boston in the expectation of receiving,
he gave rae an order for the amount on his agents at Havana,
to be paid from the income of the establishment, as this should
accrue. The reader is now in possession of the facts, from which I
proposed he should judge for himself, as to the probable cause
of Mr. Tudor's November outbreak. The reader may also con
jecture for himself, whether those terrible words, " prepare your
self to answer to me, for violation of the most plain contracts,"
are indicative of a design, on the part of the writer, to meet my
demand for my $6,255, by a claim for damages " for violations
of the most plain contracts," by way of what the lawyers call a
" set-off." Immediately on the receipt of Mr. Tudor's letter, I made ar
rangements for again retiring from the ice-house, and replacing
it in the charge of Mr. Limbough ; which being done, I departed
for Boston.
(F.)
[Referred to in § 4, near the end.]
Extracts from my Letters, showing the extraordinary Non-com
mittal Game played by Mr. Frederic Tudor, in regard to the
closing of the Contract for the Renewal of the Privilege ;
which Game terminated with his Letter of December 10, 1830,
announcing that all connection between us had ceased, and
that he did " not accept the New Contract."
The reader is aware, that the mission of Mr. Henry Tudor to
Havana had resulted in his inducing me to take anew the steps

261
for obtaining a renewal of the Privflege ; and then departing for
Boston, after obtaining from Messrs. Scufl, Storey & Co., the
promise to attend to his brother's business, and fiom me the
promise to follow it up, during the short time I expected to
remain at Havana.
The fine of conduct which Mr. Frederic Tudor saw fit to
pursue, under these circumstances, towards those genflemen and
myself, is sufficiently shown by the foflowing extracts from my
letters :
June 11, 1830. [To Mr. Henry Tudor.] " Wflh my last, of
the 27th uflo., I forwarded one of the Diario's, containing the ad
vertisement of the Cabildo, setting forth the new propositions,
and calling on any one that might wish to contract at a farther
reduced price, to send in their propositions to the Secretary, &c.
Since then, I have made it a point to see some one in the office
every day or two, but could learn nolhing of a certainty until
last Saturday, when the Escribiente sent for me, and said he
was not knowing to any one having made any proposition,
and although the fifteen days would not be out until the Mon
day following, I had belter take the expediente, and have
another representation made, accompanied by the advertisements,
asking for a speedy conclusion of the contract, and hand it
into the office on Tuesday. I took the expediente, and went
and told Mr. Scull wdiat was done, and what was said was to be
done. " Mr. Scull said, he was very much surprised at not having
had by the Alfonso any letters of instructions from you or Mr.
Tudor, and he -would call in Mr. Storey, to see if he had any.
There was considerable consultation between them. Mr. Scull
said he had no power to make the contract and if he should
make it, it would be upon his own responsibility ; nevertheless,
have the representation made, and it may be the full powers and
instructions will arrive before it becomes necessary to sign the
contract. The representation was made, and handed in on
Tuesday ; and this afternoon I was in the office and saw that
the Cabfldo had ordered the Coraisario to make out the con
tract and send it to the Captain General for his approbation, and
for him to send to the Intendant for the relinquishment of the
duties." " If Mr. Scull had received his Power and instructions by the
Alfonso, I should probably have left here before now ; but as it
is, I shaU wait to see something about the contract, or at least
until he gets his power."
July 2. " In mine of June 11, I informed you that anolher
representation had been made, asking for a speedy conclusion of

262
the contract, and that the Cabildo had ordered the Comisario
to make it, &c. Since then I have frequently been to the Ca
bildo office, and nearly as often cafled on the Comisario, who
said he would attend to it ; and yesterday I was at his house
three times before I could find him, when he said he had made
a draft of the contract, and wished I would call this morning
early and read it over with him to see whether it would be ac
ceptable. When I went to the Commissary's house this morn
ing, I found he had made almost an e.x.act copy of the last con
tract, putting in even the names of the last securities. Mr. Scull
not having seen the last contract, and it being necessary that he
should see this, which the Commissary called a draft, I requested
permission to take it wilh rae. Mr. Scull says it will do, after
having made some little alterations ; but that he cannot think of
binding himself to it without first having received instructions
and Power of Attorney from Mr Tudor, and still expresses his
surprise that none has arrived, nor even a word from Mr.
Tudor." July 16. " In my letter of 2nd inst. I informed you that one
of the Comisarios had given me what he called a draft of a
contract, and that it was almost an exact copy of the last, and
that it had been shown to Mr. Scull, &c. When I returned to
the Comisario and told him that Mr. Scull said the contract
was well, with some few exceptions, and that his House would
be surety for the penal part of it, the Comisario said that was
all very well, but that itivas necessary for the farther security of
the penalty that there should be a mortgage given on real estate.
This not having been hinted at when I took the draft to Mr.
Scull, it was necessary to inform him of it, who said he would
not mortgage any of his property on any account whatever."
" The brig Commissary arrived on the afternoon of the 14th. ;
and yesterday Mr. Storey told me they had received your broth
er's Power of Attorney, with a letter, but no particular instruc
tions. I then waited until Mr. Scull came in, and asked him
(after having told him as above, what had been done in the Ca
bildo) what should be done ? He said he had no particular
instructions from your brother, and that he had said in his letter
that it appeared unnecessary to have any penalty affixed to the
contract until after the new house should be built, SfC. I believe
you are aware that the • Coraisarios said, before you left here,
that they could not do anything about the new house until it
should be determined with whom the new contract was made ;
that it was first suggested by Escovedo, and afterwards ordered
by you, to have the sum of four thousand dollars inserted in the
representation to be made as a forfeiture for the failure of the

263
supply of ice. It is now certain they will not close the contract
without a mortgage on real estate, and it is possible that some
thing wifl have to be done about the spot for a new house."
July 31. [To Mr. Frederic Tudor.] "The Comisario
said, that we could proceed to conclude the contract, if there
was any place fixed upon where to build the new house; and the
Intendant's oficio would come in in time. Having been posi
tively refused a situation on this square, by the Director of En
gineers, I requested the Comisario to hold an interview with
the Director, and ask him to point out a spot where we might
bufld, that he would not oppose. To this the Comisario con
sented, and after a few days, told me that the Director said there
was no place wflhin the line of fortifications that he could con
sent to."
" Mr. Scufl tefls me that his House have written to you about
instructions, and have recommended your appointing a general
agent, SfC. ; for he could not think of taking any more upon him
self than he had promised your brother."
Aug. 1 3. " Dr. Escovedo mentioned a hulk for the ice, or
the building of a house in some other place that may be con
venient for discharging, and to have a retail place in the city ; to
all of which I objected, either on account of the expense or the
loss of ice, when he said some such way must be adopted, for
there was no hope from the Director of Engineers." — " When
I was with Mr. D. yesterday, I mentioned the sfluation by the
fish market, when he said he thought it the most Ukely place to
be obtained."
Aug. 18. " Yesterday there was an arrival from New York,
and I called at Mr. Scull's house to see if he had received any
letters from you, when I found there were none. He told me he
had got his answer from the Governor, (about permission to
build,) saying that he could do nolhing wilh a representation to
hira, as he should be obliged to take counsel of the Director of
Engineers, and as the Director had opposed it so strenuously
heretofore, there was no hope of his favoring it now.
" If it were not for the lot for a new house, the contract might
as well be concluded to-morrow as next month, everything but
the lot being ready; the Intendant having sent in his oficio two
days ago, relinquishing the tonnage on ice vessels ; and the Ca
bildo having agreed to take a mortgage on my property as a
security for the penalty."
Aug. 26. " I saw Mr. B. this morning, and he told me he
had some talk with the Adjutant last evening, who said he
would give up his right to the piece of gi-ound near the fish
market for fifty doflars per month, or rather he would rent it to

264
any one to build upon for that sum monthly. Mr. B. thought
he might be bought out for about $2,000, but of this he was not
certain." Sep. 11. " I requested Mr. B., at his next interview with the
Adjutant, to ascertain the exact sum the lot could be had for,
when he said, it was useless to go into any negotiation until it
was determined on your part to close the bargain, if it could be
had at a fair price. So it stood unlil I was stopped in the street
by the Secretary of the Cabildo, and asked when the contract
could be closed; for he had been asked by some of the Regidores
for the expediente, and been told by them that it could not be
kept open as it is a great while longer. This I told .to Messrs.
Scull & Storey, who came to the conclusion lo make the de
mand for the lowest price, (to inquire the lowest price at which
the lot could be had from the Adjutant,) not, however, until I
had again sounded the depth of the water in front of the lot."
Sept. 18. " I sawr Mr. Scull yesterday, who told rae that Mr.
B. had inforraed him that the Adjutant vi'ould dispose of the lot
at the fish market for $3,000, as his lowest price ; he (the Ad
jutant) to obtain the permission for building and discharging
- over the wall. Mr. Scull advised rae to go and raeasure the lot,
and see if it was sufficiently large for the new house; which I
have done to-day. I find it raeasures,'' &c. &c. " When I was
measuring the lot, the Coraisario of the Cabildo (of whora I
have spoken several times as exerting himself in our behalf)
said we ought to be 'expeditious and close the contract ; for he
should not be able to keep it open much longer. I told him it
was likely it might be ready to be closed in a few days."
Oct. 12. " A few days since, I was sent for by Mr. B., when
he showed me a rough draft, said it must be dressed by a law
yer or some one acquainted with memorials, and then the Adju
tant (Don Francisco Seydefl) would present it, and have it
carried through the different offices to obtain the permission to
build by the fish market. When this is carried through, and
the permission obtained, I suppose Mr. Scull will have to pay
the money and wait for you to build. Everything else respect
ing the contract for the ice Privflege remains as it was, waiting
for the decision about the 1st before they will conclude it."
[That is to say, the Authorities would not consent to the execu
tion of the document securing the Privilege to us until we could
show that we had obtained a lot upon which to build the house
requisite to the fulfilment of the contract]
Oct. 21. " Your letter per brig Alphonso was received on the
15th. / had thought that you would have written something
about ihe Privilege, and the lot for a new house ; but you have

265
said nothing to me, only that the assistance I have rendered the
concern in ' the security is good, and I am told by Mr. Storey
that you have not mentioned anything to him." — " AU the agree
ments, as they stand, are merely verbal ; that for the Contract
and Privflege not having been carried into effect for want of a
lot of land to bufld upon ; that respecting the land, for want of
a Ucense to build, and of your consent whether you wifl have it
or not"
Nov. 6. " I have seen Messrs. Scull & Storey several times
since the first instant. Mr. Storey says he has no accounts from
you, only the acknowledgment of the reception of some money.
He has no instructions respecting a lot of land; and I believe he
hardly knows what to do, whether to purchase or not the lot that
is now in agitation, even if it should be consented to by the In
tendant, which appears rather doubtful at present ; at any rate, it
seems as if there will be a rent placed upon it, in addition to
the sum to be paid the Adjutant for his reflnquishment."
Nov. 7. " There are no accounts from you here since per
Dromo, and no one knows what you intend to do. If you intend
ed to build this year if the lot was granted, or to purchase a lot
in some other place, it would not have been bad to have given
orders to buy timber, as this is the time of year when it can be
had lower than at any other. The coasters have nothing to do
in sugar ; they are employed in bringing timber ; and by purchas
ing it from them you get it for half of what you can get it for
out of the lumber yards."
Nov. 15. " I have not been able to ascertain anything about
the memorial for the lot at the fish market until to-day. This
morning Mr. B. gave me a note to the Secretary, for him to de-
Uver to me the memorial with the Governor's decree, which I
was not able to get until the afternoon, when I carried it to Mr.
B. The decree was very good as far as it w^ent, giving permis
sion to take the lot and build the house ; but not to have a crane
to hoist the ice. Mr. B. said another memorial must be made,
asking for the crane, and I have got the papers drawn up."
Nov. 21. " This morning I was at Mr. B.'s, when he told me
that the memorial mentioned in my last had been passed by the
Governor to the Intendant, to see if he would consent to the
crane for hoisting ice." " If this affair of the lot is not brought
to a close soon, it appears to me there wfll be other difficulties
in the way ; and it is doubtful whether the Privilege can be ob
tained. There have been several vessels from Boston since the
Dromo, but no letters from you. I hope you ivere about /send
ing your brother again to look into affairs here."
Dec. 1. " The PrivUege is not yet closed, because the busi-
34

266
ness of the lot has not been brought to a close ; that is, about
the crane. If the Intendant should refuse the crane, and it
should be thought advisable to take the lot as it is, with the Gov
ernor's decree upon the last memorial but one, the contract for
the Privilege can be closed, and the ice will have to be got into
the house in the best manner it can until," &c. (tec. " If the
contract is not closed during this month, other Comisarios will
be appointed at the commencement of the new year; and itis
most likely the work wfll have to be commenced anew."
Dec. 11. " The Intendant has seen fit to refuse his consent
to have a crane built on the wall for the hoisting of ice ; and if
he cannot be prevailed upon hereafter to give his consent, the
ice wfll have to be brought through the arches in the fish mar
ket, which wifl make it a Uttle more difficult than it would be
with the crane.
" Mr. Scull has concluded to have the contract closed before
the present Comisarios go out; and steps are taking to that
effect, so that in all next week it is likely it will be closed."
Such was the predicament in which it proved to be the sov
ereign will and pleasure of Mr. Frederick Tudor to leave Messrs.
Scufl, Storey & Co., and myself, for month after month, as the
proper state of preparation for his December announcement that
he then saw fit not to " accept the contract ! "
(G.)
First Settlement of Accounts between Mr. Tudor and myself. —
A Sample of my Trials, in this respect.
Early in 1826, — about two years after my partnership with
Mr. Tudor had commenced, — I was invited by a friend in
Boston to unite some of my funds with his, in an investment
contemplated by him. My affairs being in a state enabling me
to accept the offer, I was, on every account, glad to do so. In a
very short time, however, I was thrown all aback, by the trans
mission of my partner's accounts ; which, if true, proved that I
had no money at my disposal, but, on the conti-ary, was stifl
deeply in his debt. The nature of this business, and how it
ended, is sufficiently explained by the foUowing extracts from
my letters to him :
April 14, 1826. " Your letters and accounts, per Ninus, were
received last evening. In reading No. 8, I observed mention
made of my note as not being paid ; and on reference lo your
accounts, I found I was indebted to you upwards of $5,000, at

267
which I was much surprised, for I had expected that the note
was paid, and if anything, a balance in my favor, in your hands.
In looking over your account, I find you have omitted the
credfl of one bifl, on William B. Swett & Co., for $1,000, pur
chased 29th September, at five per cent I fear there are other
mistakes of equal amount ; and there is one small one, where
you charge the Havana ice-house wflh insurance of specie, per
Laurel and Alert; the insurance of specie, per Laurel, was
charged in your account of 1824.
" I have said, heretofore, there were mistakes in your accounts
of 1824, but you never have seen fit to make any reply. I will
now point out some of them."
I then wrote lo the Boston friend above referred to :
April 24. " When I received your letter of the 16th Febru
ary, I did not think but I should be able to furnish you with
the sum required, neither did I have any doubt of it when I
received that of the 17th uUo., until I read Mr. Tudor's, and
looked at his accounts, forwarded at the same time ; when, to
my great surprise, I found I was owing him upwards of five
thousand dollars. It is what I had never thought ; to the con
trary, I supposed he was owing me. I think I can see some
errors in his accounts ; and I hope he will find them also, — at
least enough of them to wear off the sum he has charged to me.
It is flkely I shall be able to send you some ; but I want to hear
from Mr. Tudor, in answer to one of my letters of the 14th in
stant, in which I have intimated to him his mistake."
May 26. [To Mr. Tudor.] " I have looked over our ac
counts, from 1st January, 1824, to 15th September, 1825, and I
find there was a balance in my favor in your hands, of upwards
of $400."
" I cannot think you have had anything to do in making out
these accounts ; there is too much irregularity in them, to bear
your stamp. I have cast the interest of several of the sums, and
I find but few of them correct"
June 10. [To my friend.] " I enclose you a bill of exchange
for $1,500. I would have sent it sooner, but for the disagree
ment of accounts between Mr. Tudor and me ; but I find there
is no way of getting Mr. Tudor to re-examine his accounts, and
so I take this to myself.
" If Mr. Tudor looks to his accounts himself, I can hardly see
how he can be so much out of the way ; and if he does not, he
must have bad advice.
" For 1824 and 1825, he has received," (tec, (tec. " And yet
he brings me in debt $5,000 ! And when written to on the

268
subject, tefls me to foflow his orders, make remittances, and not
pay any regard to my accounts ! " (a)
September 21. [To Mr. Tudor.] " I observe what you say
about Mr.  , and my return to Boston about Christmas."
" I cannot think of making another winter passage to Boston ;
for I suffered so severely in the last, that it is stfll fresh in my
mind. It appears to me, that our accounts can be settled as wefl
where we are, as if we were both in one room. I hope to see
your accounts stated, in the manner you wrote me some time
since." November 8. " You stifl urge my return to Boston this win-
er. Unless it is for something of much greater consequence
than to settle our accounts, I would not wish to run the risk of
going into cold weather, so sudden as it would be to leave here
about Christmas for Boston. My health is not very sound
now ; or rather, my constitution is not so strong as it was."
" I have examined my books and can find nothing that alters
my accounts in any way materially from those already forwarded."
Nov. 22. " Your No. 32, was received last evening, together
with a letter from Mr. Pratt covering a statement of accounts
for 1824 and 25, and accompanied with remarks.
(a) In one of my partner's letters, received the day before, he had said :
Miy 20, 1826. " I hope you will not give me occasion to complain of money ¦
lying unremitted, for any reason which you have given relative to accounts.
If it should so happen, that more moneys come into my hands than should come,
the moment it becomes effective an interest account is kept, and you derive your
part of the advantage; and surely money in this country at six per cent, is far safer
than money in Havana at twelve."
What Boston merchant can be found to resist the force of this logic ? Was ever
reasoning more conclusive and satisfactory — to those who do n't much mind if it
so happen that more moneys do come into their hands than should come into their
hands 1
Of course, I had to go on remitting; — for, " poor miserable carpenter," as I was,
I could not be absolutely certain that the error did not lay in my accounts, in
stead of those of my " munificent patron," or his book-keeper's. Tfie result of the
matter was, that at the close of the year 1826, he was in my debt to the amount of
$5,980 66 ; which, by the close of 1827, had sweUed to $6,840 81.
But what of that I Was not money, at six per cent., in Boston, safer than at
twelve at Havana 1 And in Boston town, in whose hands could my money be so
safe or so profitable, as in those of my patron '!
This large balance in his hands, having been brought about solely by oner-
remittances, extorted from me, in the way that has been seen, the very least he
could, in common justice do, was, when our accounts finally came to be adjusted,
to give me credit for the amoimts invested in the bills so remitted by me, as so much
money paid to him, or for him, at Havana. Instead of this, the amounts were
credited to me, and interest upon them allowed, only from the time the several
bills came to maturity, and were paid to him at Boston ! And, to the loss of in
terest thus thrown upon me, was added the amount of premiums paid by me, in
the purchase of those bills; that also, — with an inconsiderable deduction,—
was made my loss. All this, however, was a mere trifle, compared with the loss
which would have attended these extorted remittances, had the larger bills proved
equally unfortunate with the $400 one.

269
" I -am pleased with this statement, in a great measure ; for it
reduces the balance due to you, from $5,000 and odd, to $300 ;
yet I consider it incorrect
" Mr. P  , in his letter, says I have mentioned mistakes in
casting interest on cash received by you, and requests me to
point them out I did not say there were mistakes in casting in
terest on cash received by you, but that there were mistakes in
easting interest on several sums ; neither was that intended to con
vey an idea that the amount of interest would change materially
the face of the accounts ; (as some were too large, and I believe
others too small,) but as there were mistakes in one part, it was
possible there were others in another part, and the present state
ment proves there were ; and yet the present statement is incor
rect." " I do not profess to be well skflled in the science of accounts,
neither have I consulted with any that does ; but it appears to
me that we must, to have our accounts adjusted in a clear and
correct manner, make them out separate. It is my opinon that
your account with Havana ice-house should," (tec. &c.
" I wifl write Mr.  to adjust the Smith affair {b) with you ;
or you may put it to account of the concern ; more than this, I
cannot feel myself justified in doing at this time."
Dec. 16. [To my friend.] " When I bought into this estab
Ushment, I paid Mr. Tudor $2000, and gave him my note on
demand for $4000 more, bearing interest It was understood
that ray payments should be made in Boston ; consequently all
the products of the establishment, except its disbursements and
my personal expenses, were forwarded to Mr. Tudor, as fast as
they occurred and opportunities offered. Some time in the sum
mer of 1825, Mr. Tudor wrote me, stating that, by an estimate
of his, my note would be paid in when all the bills should be
cashed that he had received. According to an estimate of mine
in Sept 1825, I concluded there was a balance in my favor in
Mr. Tudor's hands, and that together with what I then had, the
amount would be about Mr. Tudor's share for the year ; leaving
for me and the expenses of the establishment, what I should
receive from then to the close of the year. At that time bills
were selling at five per cent, advance, which was higher than I
liked to pay on my account ; and being urged by Mr. Tudor to
remit his money as soon as I could, I then concluded to remit all
the money there was in my possession, on Mr. Tudor's account,
and take raine out of what I should receive, and keep it on hand
untfl bills should fall, the fafl of which I concluded would be
more than I could obtain at interest providing it could be em-
(b) This is the bill of. exchange for $400, mentioned in Appendix (D).

270
ployed. One of the bifls remitted at that time unfortunately has
never been paid, and Mr. Tudor says I ought to lose it, if it is
finally lost
" This I dispute with him, as being unfair, and this is what
you are requested to settle wilh him. In one of my late letters
I have told him, the most I could do was, to throw the bifls into
the concern an(l make it a general loss. Why should I be re
sponsible for remitting raoney ? One or two such cases would
ruin me. I will further request you, if convenient, to look over
Mr. Tudor's accounts with me, if he has not corrected them him
self. There are some great mistakes or errors in them. In his
accounts at the close of 1825, he brought me in debt $5152.96f ;
and after much ado on my part, I received a few weeks since,
what Mr. Pratt calls a statement of accounts ; and there, my
debt was mollified down to $322.97^ ; there are errors stifl."
Dec. 31. [To Mr. Tudor.] " I do not see why we cannot
settle and balance our accounts where we are, as well as other
people can setfle their accounts in different countries. To the
form of Mr. Pratt's last statement I do not particularly object ;
yet, I think there is some that ought to be taken off, such as the
Smith bifl," (tec.
Jan. 31, 1827. " If you will order the accounts to be made
out anew from the beginning, and correct the mistakes where
they have been found to occur, I have no doubt but they will be
satisfactory."

Erratum. — Page 74, note ::, for" see a subsequent note (o),"read-
preceding note, (o).

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