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Smith, of Montreal, Canada. , The following is intended by the undersigned to be as brief as possible, and at the same time to be sufficiently explicit to enable those who are aware of the existence of a long standing difficulty between the undersigned and his brother, J. B. Smith, of Montreal, to judge who it is that prevents the adjustment of said difficulty, and thus by inference decide in their own minds who is most likely to be the fftdlty party, without being made acquainted with the whole details of the questions at issue. To accomplish said object and be as brief as possible, I omit any reference to my previous exertions to refer the matter to three arbitrators for the purpose of getting an award which would give me what is honestly my due, and commence by making such extracts from letters which have passed between us, begin- ning with J. B. Smith's letter of the 25th of March, 1851, and by giving sufficient from each to clearly show the spirit which dictated the writers, and the present position of each, with regard to said adjustment, and thus show who it is that has done every- thing in his power to accomplish the object; and who it is that has taxed his imagination to see how he could avoid the issue, and leave himself in a position to enable him to say, " he has offered to arbitrate, but I refused;" and who it is that on the 4th of April, 1857, offers to arbitrate, and declines when he sees no bet will be accepted to invalidate the award. \ i I 2 X V Before I proceed to give the extracts, I wish to remark by way of a suggestion, that uo siorm of base denunciations can change a falsehood to the truth however often repeated. Truth will stand, and I bow to it with profound reverence. It is no time to argue the merits of a question, when selecting arbitrators. The proper place to do so, is wheu they are selected, and before whom the question is to be decided ; hence it will be noticed that I have not replied to his untruthful assaults, and it is uot necessary to do so now, as no one can fail, after reading this communication, to say, that, he does not believe one word of the charges he makes against me to be true, if he* did, he would bo willing to submit the question to three respectable men and abide their decision , and receive the money, two dollars for one, which he charges 1 " robbed" him of. The above preface I deem all that is necessary to inform the reader vi my main design ; I therefore commeL>ce by giving the extracts as proposed, but it should be stated that his letter of the 25th of March is the first letter that has passed between us for several years, and the first paragraph will show the cause of the renewal of our correspondence, which is as follows : "Montreal, 25th March, 1857. "Brother Isaac, " This is doubtless the last letter that you will ever re- ceive from me, and it is not at all probable that we shall ever meet again in this world. * * * i fear I will not be able f see my office many times more. * * I have only to say, t^at you have accused me of all sorts of dishonesty, making up a false statement to settle with you in 1850. * * It was then, and is still ray opinion, that when you uttered that I hud in any way either cheated or deceived you, that you uttered what you was well satiffed I was not capable of doing. * * * j am sorry to hear of your failure. It is uo more than I expected, still I am sorry to have an iiuioceut family snflFer. I have one request to make of you, and that is, let my family alone ; keep clear of them, and I have reason to believe that they will uot trouble you. Your winning smiles may coil around the young — let 3 4 V thera alone, and yon will do an injured brother and his family a lasting good, and will be entitled to their gratitude * * " Farewell. Signed, J. B. SMITH." The following is an extract of my reply to the above : "New York, 30th March, 1857. "Brother Byington, " I havo yours of the 25th March. Permit me to say in reply, that on opening yonr letter I found the following, "it is not at all probable that we shall ever meet again in tliis world." The above remarks induced me to read the whole letter, or it would have met the same fate of severai of your previous ones, remained unread, except enough to get at the spirit which dic- tated it. When I read enough to find that they contained nothing but untruths, I laid them by, where they remain since. " In this communication I do not propose to refer to past matters, beyond briefly to contradict some of the untruth stated, but iu doing so, let my feelings be what they may, I intend to use only mild language. First — You say that I have charged you with making a false statement when we settled in 1 850. I have never made any such charge. What I did say, I now repeat, in substance, and you know it is true ; is that you made up the account and then placed an estimate upon it, which was nothivg like the value, and forced me to accept H, by refusing '- assist me in any way to pay the $11,000 and over, due for the goods bought by me in the fall of 1848 for the Montreal store ; you ajfirming that you would not remit a cent nor give me any assist- ance unless I would accept your proposition of purchase. I had no other alternative, either to accept your proposition or fail. I had carried the whole amount for near or quite a year, by get- ting my friends' paper in New York, and getting it discounted, and using paper which I had received for the sale of coffee, which I operated in during 1849, after we dissolved. By the above means you forced me to accept your estimate of the value of the estate, and by said managennent, call it by what name you will, you have got a large amount of money which justly be- longs to me. Take the case of John Hall, you giving the time you did to him for the purpose of making you a business at my expense. $8,000 of this money was given to him ( as per Mr, Frost's letter of tlo 5th November, 1849), when by the con- tract made the 4th Pebrnary, IS-tO, and signed by all, you was to give only $400." (Tiie copy is too poor to admit of ray com- pleting the sentence,) " half the debt was mine, which yon would not give me an interest in although I provided half the capital, thus preventing me from participating in the profits that was sure to be made in getting the pay from him. And this is not all, you estimated the debts at a great discount, thus not only giving you a chance to make money on my capital, which belonged to me, 20 shillings on the Pound, but you got the advantage of the discount. I only refer to this one case for the purpose of refuting your charge, that I had said you had made up a "false statement," I never said any such thing cr any- thing like it. I shall not go over the whole ground at this time, the case above referred to is a sample of your course tow.ards me. The result of the whole was, that I lost through you and Frost all my exertions and all the money that I made and put into the business in Canada, and was left without a cent. I es- tablished the business, brought both of you into it, and I got out v'ithout a cent, while you each had a fortune, the basis of which, if not all the money, was no better than robbed from me. * * * Byington, was I in your position, just to leave this world, before I done so 1 would return to a brother who never done you a wrong, the money which you wrongfully look from him. Byington, you know I never wronged you out of a cent in my life, and you also know quite well that what you have got I have piU you in a position to f/et; and now I ask, can you leave this world without doing me the justice oi returning me the money you wronged me out of, and without leaving some record of the injustice you have done me? In my opinion if yon arc not too far gone, would you do me justice, you would live to a good old age. * * * I assure you I shall never do anything calculated to injure your family. I know nothing ngninst your children, and I shall never do anything calculated to injure their feelings. * * As for your wife, God bless her, she is innocent. She never done me an unkind act, and should I meet her, shall never allude to your course towards me, as it would do no good, hence your request is granted. Signed, I. H. SMITH. The above refers to a single matter with regard to the merils of the questions in dispute. I make this extract for the purpose of giving the reader some ideas of the nature of the difficulty. It will be well to bear in mind that up to this time nothing haj been said about the selection of Arbitrators, hence it teas proper to speak of the merits of the question. I now make sufficient extracts from his letters of the 3d and 4th of Aprl, 1857, to enable the reader to fully undorstnnd the spirit and substance of his reply to my respects of the 30th of March. " MoNTUEAL, April 3d, 1857. " I have yours of the 30th March, and was it less full of misstatements I doubtless should not reply. 1 have never seen a letter so full of knowinq untruths. * * * i make no statements of facts that I will not back with my money, lou deny your charges of false statement, and in the next breath you Insinuate the same charge, and repeat that it is true In reply I would only state that it is a fihehood. You say that I placed an estimate upon it which was nothing like the vu.ue, and forced you to accept it. The above ym know to be on un- truth * * * Up to date I have collected r^bout $2,200 more' than I paid for the estate. * * I think after more than seven years, taking all tlie risk and carrying on a large business the whole time in onler to collect— and this business one that you strongly condemned — I have after all this actually received (or will receive when I get the balance of my leather from tho Tannery), about $1,100 over my share. I state the above as a fact. Again, you state that I would do nothing to assist yon unless you would accept of my proposition of pur- chase. You know the above to be a falsehood, and you know I can prove it to be Jalse. * * I am now ready, either for any amount of money, or without betting a dollar, as may suit you, to leave to Arbitrators, and let good men say, whether your statements are true or false. I say with one^ condition the report must be published both here and in New York. * * As for ravself, the only regret that I ever had was, that I did not compel you to render a full statement of your transactions from 1839 to 1849. * * Apain, from 1889 to 1H49 I paid oiic-liiiir of your lionse rent, office and clerks, and a part of the time, you. ilone more hnsincss on your own account than you did for the Canwta tratie, still you reudorcd 110 stattment to the MntitrcMl Honso, mid M0^^' you say yon never wronp;od mo out of a dollar. If fiuy piins, you quiotly put them in your own pocket. If I lisive "wroufieii you out of a dollar point it out, leave; it to nrbitnitors, and for every dollar that I have wronped you out of you shidl receive ten dollars. * * If you can lind such rascality by the old Hooks when I niu dead, why not find it noio? I will bet you $20,000 npainst $5,000 that yon cannot liud what you state. * * You /•/("*« your statements to be a tLsmx.: ofJaU'hooh. You had ratli.r .-^kulk behind your vilo pen than to liave a statement of furls published. * * I would a^;k wliat money did you ever ///"/•« .^ When I came to Canada you was a IJankrupt. The first $3,000 you ever had I made f.r '/oil. * * The frst year that I pot clear of yon I done but little business, hnt'clrarcd .lelt with two-thirds of the profits ,t::<,4()r) l.v. '.)(/. l\Ir. Frost was $1,100 wor.se than nothing in April, 1849, and in five years his expenses was over $14,000, and when I cashed his interest at his death, 1 deducted £500 to make it cash, and his estate wa3 then worth over $23,000, but §3,000 of this was his Life Insurance. Mr. Frost had one-third of my business. * * The sole cauRC of my poor health is your 'rascality and abuse from 1 846. * * A timie o{ know- 'i,i;/ falsehoods — I a!!;ain ask you to prove your statements for money \o ixny (\monni,ov without monci/. * * Yon say " re- turn to mc the mone/ you wrouped me out of, &;c." A base falsehood and yon know it. I think you do well to break up housckccpiuij: and go west, your brass wdl keep up a little ap- pearauce for a time. When in New Y'ork, I found that you was becoming well knov u, and thought that your race was near run in that city. Signed, J. 13. SMITH » " Montreal, April 4th, 1857, " I. H. Smith, Sir, " Yesterday I mailed a letter to you in answer to yours of the 30tli of March, 1857. I am very desirous of giving you every opportunity to prove your chai'ges against me. ♦ ♦ I propose to bet you $25,000 against $10,000 that yonr charges and statements against me are untrue, in other words they are falsehoods. Three mcrcliants of high respectability and stand- ing, residing in tiie City of Montreal, to be chosen as arbitra- tors, and their award to be published in the Montreal and New York papers. I will make you a present of $1,000 if you will accept and carry out the bet of arbitration. Also, if you sub- stantiate your charges, I bind myself to refund *2 for every dol- lar that the arbitrators say I wronged you out oi, or robbed you iu any way. The books of the old firm of J. B. Smith & Co., to be at the free use of the arbitrators. I shall require you to furnish all the Books and papers of the late firm of I. H. S. & Co., and they to be at the free use of the arbitrators, and s houl d ^^ q 4-t it appear that you have wronged the old firm of fcJI i ' i lmB i^)., J. B.o. ' t**' I do not ask two dollars for each dollar. I think that my offer to settle all past differences will appear honorable to any man. * * What more can you ask ? It is surely a most dishonor- able thing for two brothers to be in deadly strife and quarrel, and if either is a villain of the darkest cast, it is but right that the public should know which it is, and which should be working for his bread in some State Prison. If I am the man I ask no favors. * * I court the investigation, and if you do the same the case will soon appear in its true light, * * I await your answer. Sigued, " J. B. SMITH. " P. S. I will add, I reqi H. Smith, from 1839 to p<. of all transactions of J. B. s. " Sigued, ■=t and transactions of I. wme shall be furnished 19 to 1 849 J. B. SMITH." One would suppose from the above extracts, if not acquainted with the author, that he must be sincere, and was in fact anxious to arbitrate, and " courted investigation," but the sequel will show the hollowness of his pretentions, and that he was only ad- ding insult to injury, and making the enormity of his crime more transparent, and thu ; calling down upon his head, indignation and disgust of all who read what follows. I refrain from iimkiuR further comments in this place, but pro- ceed to make I'Xtracts from my letter of the llth and 15th of April, 1857, in reply to the above. "New York, llth April, 1857. " J. B. Smith, " Since I received yours of the 3d and 4th, it has been im- possible for me to reply, but hope to find time to do so in the coarse of the next week. * ♦You propose to refer to arbi- trators ar.d pitblisk their report, meets with my entire approlia- Hon, with tlie exception of the large amount you propose to WHger. It is not convenient at this viomcnt — being in business, and a failure having just taken place lohith ties up for a time over |C0,000, to withdraw from my means so large a sura and lock it up V til. the arbitrators can decide the question. Hut as t..is has notning to do with the merilH of the question, you can have no objection to reduce the amount of the bets. As soon as I get time will draw up the points to be submitted to the • irbitrators and send th^m to you. Mr. II. Stephens has been in the city for several days, and I have just sold him the furniture in the Stevens House. * * heuce with my other business, I have no time to my command. Signed, " I. H. SMITH." J. New York, 15th April, 1857. B. Smith, " Montreal, " In my note of the llth inst., I acknowledged the re- ceipt of yours of the 3d and 4th inst. I now propose to reply to the business portion of your letters. Self reaped prevents me from replying to any part of said letters except what particu- larly refers to business, and which I deem calculated to effect a settlement of the difficulty existing between us. •'Your proposition to bet $25,000 against $10,000 has nothing to do with the merits of the question, and as a wager would make in Law the award invalid, I am forced to decline making any bet. I accept your proposition to leave to three arbitrators, to be selected in Montreal. You to choose one, 1 the other, and they the third, and submit to the three the ques- tion at issue between us. " It will br necessary to the adjustment of the matter to have lit (liBtinet propositions presented to tlie urbitrutors' 1 thcreJcre Htibniit for their consiaerutioa wimt I .suppose to he the issue ue- twocn us- -to wit : 1st, 1 chiirgc that your course foivurc/s me hud the efcrt nf wmnging me out of money. 2n(l, You charge that mij' course loiranh: you Inn/ the effect »f wroiiijiiir/ i/o>' out of money. lu cousi'loration ot" the time since the wrongs we-o committed, (if any was committed,) that should the arbitrators find I wronged you, I am to pay $"2 for every dollar fo found, and in crse they find you wronged me, you to pay ^2 lor every dollar so found. The investigation to cover the time fn-m 1839 '0 February, 1850. All J5ooks, Tapers nn-l Letters of I. H. & J. n. Smith, I. II. Smith ct Co., and J. B. Smith & Co., calcu- lated to impart information lo the arbitrators, to be placed at their disposal. Each party to make such explanations as may be allowed by the nferees and pertinent to the question to bo decided. The above noints are intended to be ko interpreted as to be b.aad enough to cover all collateral matters, ui any way connected with our business during the time mentioned above. The award of the arbitrators, with their cr, ,■ i. its, to be pub- lished in any form, and as extensively as ei i;;i' of the parties may desire. • r n " The above 1 deem an acceptance of your proposition m lull, us made in your letter of the 4th inst., with the excepiion ot the bet, wliich 1 am forced to decline for the reaK.ns stated above, and in my letter of t'^ llth inst."' I should have omitted the exception, for I accepted his pro- position in full, as he says in his letter of the 3d inst., "prove your statements lor money to any amount, or without money." '< You can, therefore, get some good Lawyer to draw up the aereement in form, in accordauco with the above, and forward it to mc and I will sign it. There should be two, and the narnes of the arbitrators should be put in, and i:i order to acilitate the matter, I now select H. Stephens, Esq., of Montreal. \ ou can select your man, (I object to no respectable man,) and they can ,.hoose the third. When all is arranged, the investigation to commence as soon as I can leave my business^ to attend to it. i hope we are about to settle, to me, a painful matter owing to yonr course towards me. Signed, ^^ ^ gvn^iH " 10 " p. S. The charges made by you in your letter of the 3d inst., to be submitted to tlie arbitrators, they to decide and re- port upon the same. Si": jned, I. H. S » U I give the following extracts from his letters of the 1 6th and 20tli April, which he calls a reply to my letters of the llth and 15th, without any comment in this place ; said letters will be ^>^ found immediately afa t we . "MoNTREAi,, 16tb April, 1857. " I. H. Smith, " Sir, " I have to acknowledge the receipt of yours of the 11th inst. * * " April tlie 3d and 4th, 1857. I offered to bet $45,000 against $15,000 and give a present of $1,000." [It will be noticed he made no such offer] " and now you find the amount too large. * * " Really what has become of the $15,000 on call no later than the 30th March. * * I will give away to oblige you, should it suit you better, we will arbi- trate for $10,000 a side. 1 will then give the $1,000 as stated 4th April, 1857. * * " This is giving away at a great rate. His proposition vras first $20,000 against $5,000 ; 2d, $25,000 against $10,000 and give $1,000. *~^.^,^^ "i think I can have no objection to reduce the amount of the bet. I have done so, to obhgc you, but shall not go below the last sum mentioned." [It will be noticed that he calls betting ^/i,.c,^j^ eimn, reducing the amount, but comments are quite unnecessary.] '' If I am guilty of base robbery, I should l)e made to pay." [I intend to maUe you pay], and if you have been stating false- hoods [and I contend you have knowingly done so] it is but right that you are not to be let off * *." "This arbitration will cost money * *" ''should it meet your views that the losing p:irty foots all bills and each party to enter into security to that effect * *." " You have said justice was slow, but sure I fully agree with you. (Sigiieti) "J. B. SMITH." II X " Montreal, April 20th, 185T. " Mr. I. H. Smith, " New York, " Your docl>,nng letter of the ir)th hist, has been received. You decline making any bet and on the pretended ground that a wager would make the award invalid and you are forced to de- cliife making any 6ei! * * . Are your election bets legal ? Let any man read your letters of 1849 up to Marcii, 18o7, and he will not fail to decide the truth of what I liave in all cases so strongly written, to wit : That you was not honest \\\ your state- ments, and lorote what you know to be untrue, and ;ours of the 3Jth of March, and see on the 1 5th of April what you wish to submit to the arbitrators. You say " 1st, I charge that your course towards me had the effect of wronging me out of money * * the investigation to cover the time from 1839 to Feb. 1850," &c. Now one would suppose tnat you wished to inoesti. gate my capaciti/, as we had no words till 184(5, and you wish to go back to 1849. [It will be noticed that in his l:;tter of the 4th March he went back to 1839 and stopped at 1849. 1 com- menced at the same time and went one year longer.] "If you wish to investigate my capacity, I cave:' * * " I liave no ob- jection that you should arbitrate back to the day I came into the world, but it must continue up to as late as March 30, 1857. * * Your vile slang of the 30th of March, you wish to keep back. 1 can't but believe that you are just as honest on the 15th April, 1857, as at any time the last 20 years. * * What yon now dwindle down to is my course, incapacity. Many the fool is honest, but the base villain is not honest I may have lost you and myself a million of dollars by my course but that is not dishonesty. * * Either acknowledge your blunders and knowing falsehoods or back them with your money. Signed, "J. B. SMITH." * I will now give, without comment, my reply to the above. " New Yohk, 4th May, 1857. "Mr. J. B. Smith, " Montreal, , , , ,,,, "Sir Yoursof the 16th and 20th ult. are at hand. Ihc latter was received too late to admit of ray replying previous to 12 leaving the city. I now propose to reply (^ily to such portiona of said letters as 1 deem well calculated to effect the object I have in view, to wit, — The reference of our matters to arbitra- tors, who will decide all points of difference betv/ecn us, including my 'letter of the SQik of March. 1st. The questions which I propose to submit to the arbitrators in my letter of the 15tli ult., does not of course raiac the point of error in judgment or a mistake. It is the intention to do wrong which I charge and if I establish the fact, which I claim I can do, then in that case all statements made in letters or otherwise are true, as on said ho/m/ rests the basis of my statements. If the foundation is not GOOD and TRUE, then it follows of course that my statements are all false. So with your charges against me. If you fail to make your case, your 'charges are false. If the foundation is good and true, it follows a.s a matter of course that your state- ments are true. The whole inatier rests upon the point — did you intend to wrong me. Did I intend to wrong you, and not as you PRETEND (a quibble) a " mistake in judgment." All are liable to mistakes, and the questions I proposed to arbitrate ■raised no such issue, as you are well aware. As it regards the time or date at which the arbitration should go back to, I made the time of comiuenciuient as you requested mo to do in your letter of the 4th of April, 185V, and extended the time one year longer. Now you complain that I commenced too soon and stopped too soon. 'l wish it distinctly understood, that no letter evsr written by me or you up to the time the arbitrators end their examination, are to be excluded. Everything that either you or I wish to jiresent pertinent to the subject under considera- tion is to be admitted. " In your letter of the 3(1 ult. you say " if I have wronged you out of a dollar, poisit it out" In the 4th you say you "court investi^^ation." I /)roposi' to ''point it out,'' if you will get a lawyer to draw up the agreement in a proper form. " Hand my letter of the 15th ult. and this one to a good lawyer who will put the matter in shape, so tlie award of the arbitrators will stand, should either refuse to pay. Have him draw the agree- ment so its provisions shall be broad enough for a foundation upon which all matters of dispute can rest — I exclude nothing as proof. In your letter of the 20th ult, to my mind you have taxed your imagination with a view of raising up all sorts of quibhlos, to avoid the issue. I can call it by no other name, for 13 U8 I •a- "// I til * (t '/■ .se lid tts to is te- 011 ou ire lie he do ur lie id 'er ud ler ■a- oil HI nd ho ill )C- 0)1 as ,ve of f'or reasoning it is not ; it is mere twaddle, no substance. Do net dodge, come up to the rack, fodder or no fodder. Do not pre- tend that you are willing to submit the questions of difference between us to arbitrators, if you refuse to allow a lawyer, (J. J. Day is a good man) to take this letter and mine of the 1 5th ult. and put the matter in shape, as proposed. As for betting it will be time enough to do so when the arbitrators are appointed and the agreement signed. We can then bet ou the result without making the award void in law. Election bets and all others are illegal in this State, as well as in Canada. " A bet has nothing to do with the merits of the question.''^ " Your language towards me for a long time has been such as to make it my duty to expose you, but our relationship has pre- vented me from doing so, but now forbearance .'eases to be a virtue. I therefore notify you that I shall resort to the courts who will appoint referees, should you refuse to do so. I think such is the practice in Canada— it is here. I now close by say- ing that I shall not further continue this correspondence, except so°far as to consummate the appointment of the arbitrators * *. This letter aud the 15th of April, 1857, are to be the basisxxpon which the lawyer can draw the agreement and are to be con- sidered as oyie for that purpose. " I would advise you to take council of some one. You are at liberty to show my letters to any one. Take for instance this letter and the one of the 15th ult. and submit the questions ; if I do not cover the ivhoid ground, I intend to do so.— Ask our mutual friend Mr. Sykes or any one else of good judgment. All I ever asked was a reference. You offered to refer, but said if the de- cision was in my favor " no power under Heaven could make you do it. Hence there was no use of an arbitration. My position is now changed. Your course left me without a cent from tae old business ; ail I had was what I made in 1849, after the disso- lution, Ae/ire was I to go to law ivith you I would expose m,j situ- ation aud thus ruin my credit, and this was my dependeuce, and I avoided a law suit which I knew would ruin you and affect me, being a relative." " I have little time to spare from my business. I am about to take the Presidency of a Company, which with my other busi- ness keeps me very busy. I therefore have no time to spare, but if you decline to refer to arbitrators, I shall at the earhest pos- 14 sible moraeut prepare for publication an extract from letters which will give the public a knowledge of the facts. In haste. " Yours, Signed, "I. H. SMITH." •' P. S. Should the arbitrators be appointed at once (which I hope will be the case) if I take the Presidency referred to above, it will be impossible for me to go on with the investigation for a few months. The one who loses to pay the arbitrators." " 1, H. S." Below I give an extract from J. B. Smith's letter of the 6th of May, 1857, and is what I suppose he denominates a reply to my respects of the 4th, as found above. " I. H. Smith, " New York, " Montreal, May 6, 1857. " Sir, " I have yours of the 4th inst. and note contents * * . " My letter of the 4th April, 1857, asked you for all papers both of I. H. Smith and I. H. Smith a Co., from 1839 to 1849. I also requested a full statement of the transactions of I. H. Smith from 1839 to 1849— was not aware that any charges of rascality was made as far back as 1839. You are at liberty to publish all my letters from 1839 to date, " relating to the ar- bitration * * come to Montreal" * * " we can then go to a lawyer and have the agreement drawn up * * ." " The $10,000 a side can theu be placed into other hands with a docu- ment setting forth what it is for. * * The losing party to pay all expenses, fully meets my wishes * , * " You advise me to take council. As you do not intimate any charge for your advice I can't do less than to thank you, but will add, when I think I require any advice I will call on you. * * In con^ elusion, I have only to say that I am ready and anxious to settle all past difiQculties * *" " but insist that the money shall be put %ip * *" " all I ask of you is to establish the truth of what you have so freely wrote and said * * ." ♦' Yours, &c. Signed, "J. B. SMITH." which 16 It will be observed that he still insists on a bet of $10,000 a side, and that his anxiety to arbitrate is not so groat as in his letter of the 3d of April, when he offers to bet $20,000 against $5,000, and on the 4th of April $25,000 against 810,000 and " make a present of ^1 ,000" if I would accept I note the above fact not because it is important, for it is only a trifle when com- pared with other matters. As for instance, when he says " All I ask of you is to cstablisli tlie truth of what yon (I) have so freely wrote and said" when as it will be seen as we progress that he admitted that he has " great objection to arbitrating," which is evident without his admitting it. But I proceed now to give my reply to his letter of the Gth. "New York, lllh May, 1857. "J. B. Smith, " Montreal, " Your characteristic letter oC the 0th inst. is at hand. In reply to the same I would state that I adhere to the course adopted by me in my previous communications, which is to con- line my remarks strfctly to the object I have in view— the mu- tual a[)pointment of arbitrators, and thus save the necessity of my applying to the court for that purpose." I charge you with wronging nie (ro])bing me is your term) out of a large amount of money, that you done so by dcsir/it and uot by mistake. You pretend I believe to intimate or charge me of doing the same to yon. Here we have an issue broad and direc/, to decide the point. I propose to submit the question to arbitrators as stated in my respects of the 1.5th ult. and 4th inst. I am not particu- lar as it regards the wording or form of the . Smiih & Co. will show that there is a laro-e amount due me. This being my view of the matter, I will sii<"'-est how we can amkahhi settle. I will as soon as i can leave my business, take all the books, letters and papers m any wa>/ conneetnl with you in business and take them to Montreal, when a full examination shall be had. All books, letters and papers mow in Montreal in any way connected with me, to be fully examined. All to be examined by a competent bookkeeper and by ourselves. Should it be found that 1 ever cheated or wronid you in any way, the amount to be stated in an account, and both to sign it. If you have clieated or wronged me, the amount to be stated in an account and signed by both. 1 he bookkeeper to state the account as we direct, we to agree what the amount is, he not to decide, the settlement to be amicable between us, I to pay $2 for every dollar 1 have ever wronged vou if anything ; you to do the same to me, if you have ever wron<^ed me. If you consent to my last proposition, i. e. to set- tle th°e matter amicably ; when we meet to do so we meet as friends, no allusion to be made to past differences. " Yours, '• Signed, I. II. SxMlTH " au f give sutliv;ii'ii t extmcts t'rciii J. H. Sinitli's letter of tliu I5tb May, 1H57, (wliicli he calls a reply to my rcspot'ts of the 11th of the same mouth) to give it spirit, and I would ask those who read, to refer lo my letter of the 11 th for the purpone of seeing if thero is anything to be found in it which warrants such a re- ply. I make this request that those who may take the trouble to read may sae at a glance what kind of a man 1 have to deal with, and what dependence can be placed upon what he says or writes. " Montreal, May, Iftth, 185V. " I. H. Smith, •' New York, "I have yours of the 11th inst. and note contents. I have not stopped to ask what sort of a suit at law you intend to instigate against me, but find by yours of the Uth inst. that your ohjerf is to EXTortT money from me. I have ever been ready to defend myself against your /leariless and dinhonest con- duct, and ask no favors at your hands. * * When you naB>e such men as John J. Day, you do yourself honor, but when you name your friend Stephens to arbitrate for my money, you must have enjoyed more than a quiet smife. * * ' Y()\i ask why that I refuse to arbitrate indecs on a het or ivager.^ Jn reply, 1 have to say, I have once possed receipts with you, and 1 have GREAT OBJECTIONS AGAINST ARBITRATING WHETHER I shall givC yOU my boots or not * *." [Here is a full admission that he has no expectation the arbitrators would find I wronged him out of a cent, and that he does not like to take the chances of their awarding to me ; he therefore has no coufidtuce in his own charges against me, but is fearful I will be able to prove my charges true. He appears also to have met with a great change in his feelings and desires since he wrote his two letters of the 3d and 4th of April. Then he would arbitrate " with or with- out" a bet, and he courled investigation. What is the cause ? Does his departure from this world to another appear to him more distant, or has reflection and my renewed willingness to arbitrate frightened him.l m 21 liu I5thr do nth )so who ' seeing \ih a re- trouble to deal says or 1857. !IltS. I itend to St. that or been \e.st con- )ii naD>e hull yon ou must isk why reply, I 1 have ;ive you ectation a cent, if their his own ove my change 1 of the or with- cause ? to him ^ness to '* I have the pleasure to iuforiii you that I am now enjoying nearly as good health as at any time within tlie last ten yearH. You insiimate that you have often baeked nie into a close cornel, and that I have as often bucked out. I tell you that you ntter a falsehood. * * If you are satislied that it is your duty to attempt to extort money from me, do not fail of doing your duty. * * You base and cowardly hypocrite. "Signed, J.B.SMITH." Comment upon language like the aSove appears to be unneces- sary, as no one can fail to see that the anfkor felt himself in a tight place. I hope some friend (if he has one) will request him to point out in my letter of the llth, to which he pretended to be replying, where any thing can be found that looks as though there was any utte,ni)t to ' extort moneif from him. Without further remarks I proceed to give extracts from his letter of the 16th May. This letter is written as it will be seen, in answer to my respects of the 13th, and I would particnJarhj call attention to said letters, and ask a comparison of its spirit. And I would also enquire, what use there can be in writing a man who will use such kiiif/iiaye and pretend it to be a repl;/. By those ?z'Ao know me, it may be asked how it is possible that I could reply to such duplicity coolly. In answer I would say, I knoio my man, and I did not intend to be diverted from my object. I had too much at stake, and I knew well if I could keep cool long enough to get the arbitrators appointed, I would then have a chance of replying and of exposing his baseness. "Montreal, 16th May, 1851. " 1. H. Smith, " New ^'ork, " I have yours of the 13th in.st. and note contents. 1 no- tice but three points in your letter that requires any remarks from me : 1st, If, as you say, 1 am aware that there is no possi- ble chance of your losing" {see what 1 did say) ' that arbitra- tors would decide that you never wronged me out of a cent m your life, it is somewhat strange that you should attempt to '22 woar the gai-bof momlity, and decline to bet your niouey ou the issue. n,ii><>i-raH,i is us prominent with you an ecer, «ml honesty avmnrutbioH ,/istanr [Here wc havon /nrfach,owh,r,f tronsac- ; in busi- 011 for an illinjiuess, iy()0Lrasy icting the . based on isli this to f dodging ible to ex- i can take lira." " MoNTRKAi,, May 16tlj, 1857. " I. H. Smith, " New York, " In contiiuiation of my letter of to-day. ♦ * You to furnish m" with a full statement of yo.ir operations from l8;J<3^to 1H40, that nil bookn and \y.\\)i'.Ts of 1. II. & J. B. Smith ' and I. 11. i>inith & Co. of New York, to be furnished by you, and also iwoks and papers of I. II & J. 13. Smith and the eld linn of J. 15. Smilli & Co. of iiuntrc il to be furnished by me, that all commercial transactions (if any of J. 15. Smith from IH39 to 1H4'.) sliull !)e so furnished by me. Three merchants of standing and rospectubility residing in the city of Montreal to be chosen as ur!)itrator.s and all of said books and papers to he at the. free use of the arbitrators. The arbitrators, after as full an examination as may recpiire, shall «tato their award in writing, statin«' the amount'of money (if any) that they may have found in voiH- hands, that ire more iully prepared with money and security to carry out the terms of said arbitra- tio'i and that I. 11. Smith and J. 15. Smith shall give security that the lo.sing party siiall pay all expen.ses of arbitration. Vou will notice this is not bettii.g money, so there is uo ille- Lmlitv * * Should my pro[.osition not be met by you, I again repeat that I wish this to end all correspondence on the matter." '" . Signed, J. B. SMITH " The reader will notice that the above is written as an nlti' matvm, and that he now requires SIU.OOJ to be put up by e.ch 24 ;n cash, $10,000 \n security, ani a still farther «;^>'0'« ;i«<:* not Ban e th amouut, it may be $25,000 each-and Imt he .s the same one who on the 3d of April, is/l, wrote. You can r either establish the truth or falsehood for a bet to a..y amoa.| that I am able to put up, or withovt money as may best suit vou " And again in the same letter he says, " I am now ready either for any ^amount of money, or without betting a doll ai-^ as ™ay best suit you. * * Or, " $20,000 ag-a.ns $5,000. What is the matter ? Why this chan-re, it may bo asked, lie ,„swer must be obvious to any one ; he was only " bluffit.g, he never had any intention of arl)itraring. 1 now give my reply to his two last under dates of the loth ^^'^^^'^'' ^New York, 20th May, 1857. "J. B. Smith, ' '''^ST'of the 15th and 16th inst. are at hand contents noted ^'.aid letters cannot be a reply to my clear and fair propo- it on; for an amicable appointment of arb trators, or a mutua e tlement of our difficult^'- B.ing fully ^f'--;;f ;;;/,;;: draivn from the subject under consideration, i. e., the seUluneit a roposed by the appointment of arbitrators, to whom the :^,rqnestio/is to bl' decided, 1 shall ref^'l^^^' ^^^^^ any commentH upon the laaona^^ to be f^""""'' ' tl..t vo" the 15tl., inst.. an extract of ^^v.ch is as follows-- th> t your Ob e to e.iort money from me.' * * ' Your heart ess and . lihonest conduct.' - - ' When you --^^ J^^}^ Stophens to arbitrate for my money you must hav(> enjoyed more thana,.W..u/..' - * ^l hace yr.af^nf>,ecUo,.ayains^ai^^ trafuJ * * 'Your charges are/a/.s'e,V>(K/s. * * ^ou at once beer ^ae an lionest and moral man (on P;',P^'0; and say that tn hot is not le-al ' * '■'• ' 1 am quite willing to give you a ^ r"e «rc 1 Ue moil. ' * * ' I will bet youJlO.OOO that you rotre,l;;en,d a t.,t,>f«l ..d Ml statement of yo- 'r-ac^ tions from 1S39 to 1849.' >■ • ' Yon base and cowardly liypoorite,' " * * ' 25 r ic docs it he is ou can imouiit ist suit V ready )llar, as 5,000." I. Tlie lug," lie he 15th 1S51. (•otitents ir propo- i mutual ot to 1)6 ttlemeut horn the , mak'nir) letter of lat your tless and jr friend yed more inst arbi' 'You at . say that ive you a 'thing be- I tell you that your ) that you r tr ansae- cowardly // The above extracts are not made for the purpose of making any comments, but for the purpose of showing you, when cool the spirit of your two letters of the 15th and ICth inst. and thus contrast with my two letters of the Uth and 13th. ^^ I have given you my reasons for declining to />«^, and now repeat ih^ti will not put ^\^ •'^'^VJ'^^'' '''' ''''^.f'''\l' IZ'l to have the award unimbarrassed by any lowpomt. But I agam repeat that I will give undoubted security that m the event of S arbitrators deckng that there is any money gom^^ and that I have any cost to pay for the cost of tlie ai b trat on, that it shall be proLptly paid-you to do the same. This obv - a es he necessity of puting up any money, as you propose as 1 wU give^ecurity to the amount of $20,000, if required I also Idd to mv former proposition to meet your views. 1 he losing party mTddition to tl/e $2 interest (if .he interest does no in- rjlte the award,) from the day that tl- arb. -t- find that isX snch^or ever LAny ^^^^^ t 7^ S «f the same • J. B. Smith to do the same. 'den that I done any commercial business that did not be- long aldli ot go into L books of I. H. Smith & Co. and on Smit of which'was sent to Montreal, and J Ple^S^^^^^^^^^^^ nrove tlie fact by my bookkeepeifand cartmaa. i madt several Te s in 1847 witl regard to the price of %on.^^-^J2e7l^^^ rektivp to it and I at once replied, by offering all t/ie projits i mideTn said'operation or beti if you would give me what you made on Horses, o,nd you declined my offer "The above fully meets each and every objection raisea »y '^If:. ■'B7nlHo;T«»it - to «y, in clo.i,>B, that -/a. <.^ read,Z\mg corresVondence upon which I have beeu '"■'""S »'"« thflSth of April, coH*.;.!'/ myself to the »« pom/, l. e. the tpo totlot ffiitrators aud tho sotUemoul ot our loog staud- I! ' 26 • iiffinnltv that in my opinion, no one can read what has pass- ing difficulty, t*^»r'" "y ,J^, J |;j^^e ,iot offered every thing pos- ed between us, and say that i nave ^ ■^/J / f wtt\oa sly of me is true and I have cheated and no bet. It 7^^7^'Vl have why not expose me and get your rohhed you, as you say i nave, wuj^ t- „uy. If you im^tZs. vvrite me a,>d I will nam. my secav.ty. " Sioined, " "'^"""'"''^^I. H. SMITEI." It is evident no doubt to all who liave esamra<»l thns ar, that I have consented and tnlly met every proposii.on he has made (except the bet, and on the 3d of April he tv.ce offered To arWtrate withont a bet) and if he ,»«»* '» »«"•";'«*"- LJhe will uo., do U. There can be no qnest.on of the fact ,* 4 ;, l,e aoe. no, i,Uen, to arUV.U. Were I to aece,n proposition to fe(, he wonld manage to find some oAsr ,», ■ 'Is an evidence of the fact I give an eVract fron^ h Lttertt the 25th May, 1881, in answer to my respects of the 20th. - MoNTREAi-, May 25th, 1857. " I. H. Smith, ""^'.yi^/'t .hc-Mth inst. is at hand. * ' JX:«1 It! .. •>„ Trt nhlio-e vou I callca on jvioi:'ors. give :ind'jubted Htcunty. 10 oDUgt y^" ^Wi' It { 27 Dav & Ca,np and stated the case to them. They told me only what I already knew, and only what any man that has brmns Troth to u an egg must k.Lw. They told me that no doc- ume.r could be so drawn up as to force you or your secun y to my eit^ier the award or cost. AH that you would require to do fyodd be to protest against the award and then I must resort to the courts of law fur both the expenses and award. Messrs. D. & C advised the money being vp. Had he asked the same gentlemen if I could noti«./ a. ea^ -protest against the awardr and resort to the courts of law ./ the money was up, they would have told him yes, hence it is only a quibble as he would have to sue to get the money if up, as much as he would if not so, in the event of my protesting and asking the Court to set the award aside. " I have a proposition. * * You draw your note at six months for $20 000, get the note so indorsed m ^ew York that Tu can get your friend H.Stephens or some other responsible Ztreal 1^ ^o endorse the nL, -^-^If^lZT^orXt cent, interest. I. uu I I ^ ^, ^Qycanhaveas St1e';;;e=tS ^::t trs"the secrit,, and „o .e..rU, will be lakm hy me." Can anything be move mpremel, ridkulom. 1st I mast get ,„me one to indorse my note in New York, and then get H Stlheos to endorse, as Mr. Stephen's endorsement of ,y note would not be good, -ind, He " will agree" >ark the word,) to It said note cashed" and " ,»7 the shaver over per c^nt^ ntel" 3d, -No secnri.y will be taken." Remember l.,nd reader that this magnanin.ity is from the same ma, hat ™ the 4th of April 1«1 said " 1 «»-■' >nvesl,s«tw«." and on the 3d "Will bet $-20,000 ag»inst $6,000," or wonld arbitrate w,th or ..:iL„t ;o,;ey." And now how eijanged i *^«; » *;^ ^^_ sufficient security will nnt answer. I preceed w,tl, fnrtb.r tractvS. 28 „ I ,e. to ...Ue » rew ^^^^^ J^^^^ £ "ajw make a lew remarks /« l^^^^^.i^^^ ^ Commercial ^"^'"^^^.^ ^'^J^^^^^^'^.d a^ aceonut of which was books of I. H. bmith & C;-' 'J'^^bX in 1841 with regard to sent to Montreal. 1 ^^^l']'';^^ ,e\,tive to it, and I at once the pric. of flonr, and you wi« .^J f^^^^^ j^ .^id operation or replied by offenn).' yon all J P'^^^-^^^^, ,,, ^,,,e. and you de- bits if you won d ^.ve «^« f ^f^/j^^^ ^'^.^in,^ any bets. I make dined my otter ' Now y^J! .^.f -f ^^^j"^"^ 1 propose to give you the following P'-«P^^'\^°VTr.t' prove th above extract (from . a lie. " Tf he had stopped here and v^onld do v.hat he pvon^ises; I ' , 1 In mvtatch but vraric v:hat he .ays after rnat.rg the would sell n ) .aU. ' ^^ ^^^^ ^^^^^ .. ^.^ ,, ^,^, ,,,. ^'^r it^:i h one ^ Questions Ihich he has Za../, tm^Ped up, saying : .. Ana u, .0 v^f'^^r^tj::^^^^^"^^- Rhall urove you did nuiUo m Loinnierciai i ^ t'ia": to u; paid witl, t,„ ™rs .^or«t ^^^^__ ^^^^J^ Co.>me,«,l op«ra,»«. ;1 ^ '^^V'", Sey against yoav watcl, bv vou to me. 1 pui up jp'i, i.nvo stated above ; t\-r..mK *ouM I fail .n l'-;"'!,; » ..^ce^o -■"'"' '"= vou on tlie otiHT liand to P>'t "?,*"■" '" '" :,, . ', fa,or. 1 "ill I?bitn,tors to P»y'l'-;/"r;*st(0?o a W tl« arhi.mtovs to also pat up pi.OOO w,t\, ''=*».»"» ';,^""'i„,t me 1 »ill Ret pay tlie expenses, blionid tlic '»■";'"' °«^j, . ^aid aote to be llr.o.ey (»'».^») -,^X N w «"e" I agai. charge yon --:^f?p^ri;s-ij^:^Hon..o.,.o„„gor Jacob De Witt, Esq. ^- ^ ^'g^^*^' J.B.SMITH" The ttbovr . is the last letter received to which I have not re- 39 plied, knowing that it is a loss of time to do so. as nothing will induce bim to appoint arbitrators. Were I to accept his bets, there would be some quibble bo as to change the whole question. It is therefore evident to my mind atleast, that I have no allernalive but to expose hm or sue "iCs far ill this correspondence it will be observed that I have conducted it with as much complacency as conld reasonably be exp^^cted of hnman nature, when in receipt of such ba.enahg. Zcvof iaumaum a«l fals>fi:aUon of faCs, and .a,ful and maliU, design, to injure noU„hj "J-ff '"'"!'>'"*.. , , All who know .ne, must be aware 'of the d-tBculty which have been called upon to encounter in order to »*«' ^/'^^ ■" arA yr««.i » slar, Mort. This was accomplished by ,ngs ano. y t, „„. my highest ambition to socri- keepino in view llie object. It was my ni„ii" „,.t mnn was flee upon the olt..r of my feelings, every thing that man was ! pab of endnring, hy leaving all his insulting remarks to pa. unanswered, until I could get the arbitrators appointed, when I would have an opportunity to fay Jure Atsjifr/irfj. Oh that in a cause so sacred I could have managed to hav ^fti,: arbitrators appointed, but it ^^^^^^Xj^:^- could do would have produced the result. I have done every t "haMuy ingennity conld suggest, and now this long c^.r- t r l,rne of inl- heart has been dissipated and I have no alter- :;::Srbnt ,'o place iu the hands of the public the fo... I therefore offer ^^';YT::C: ZeV^Jr^^^^^^^^ Tf ■ r^S : ;: : ., oi -^^^^^^^ ^^rators or between '"'"""• ti I P opose at an early day as possible to pre- onrselve . 2d I P °P» ^ f ,^^ f,„„ „{ the case, (com- "^"^ " aUhe im wr 1 »y brother, J. B. Smith, who was rxreS at -j--r vt'iiTrer .ri i:SS:ors*rn"urthcs„.,ectas, 30 «=compamea with such proof a, shall satisfy "l"';^^ "^^f^;" stated is true, and leave the public to judge of the ^'^ *« ,-„n T ■.drait I should not deem it necessary to »ute a question. 1 admit 1 suou ._^j.^^^^^_ r^'r^ncrftLuioteC^^Ld wit Lheen already ::;;: Without hei,. a«e t„ ™>'o -;-:";Lr: tr>stt:uttr;o\:r':;:.r iwiii therefore t "bfi ^to exami, e the whole siihiect. and when doing so can write with little extra trouble the proposed history. Thiri an exceedingly delicate subject for me to discuss. I wouW caution the puWic against e.,ar. ^^1^^^;;^^^;^^ f^om what source they niay. It is kn»„ 'la „ emp^ ™^ aginations produces ,««%na»cj, and >«»« " » i^rcssion truth He has made strmwu, eiTorts to create the mpress.on hat I bave been the a-gressor in this uniortuna e matte, r/l ,> no, true, as I shall take occasion to show wlien , e^ ,.„, * Mole histor, of tU ea,e, with the t'O'I- I' '' «^: r»« than folly for any one to attempt to form a correct opuiiou fcasei upon promiscuous extracts. , ■ ^ a^ In tr aling this subject I intend my rcmarlts to be in o ds- Je effected b, any considerations whatever except that which fe.!iti„ately flow f,L the nature of the crimes themselves ; and faC r would to God that I could avoid the «,.<.»« o :;:U....,..butIamforced. l^lrC"ce:^:ora^t::^nd .can n„ Wer 'eftafn from discharging my duty, no matter how unpleasant or '"""'"■ Respecttnlly, &c., ^^ ^^^^.^^ V S -Ho cannot complain that I have garbM o. mhsluted «, ;„».*, if he does his letters will refute his accusatiom ^ ;w«' Vml.: ■!■'«'' W', "*•''*■ 'hat ifl ' of the write a ifonna- al ready [he one courts tierefore y so can uuss. I nuiating ered im- uted for npression matter, n I pre- t is much t opinion iu no d6- livt which yes ; and rposure of ourse, not orne long, no longer leasant or SMITH. r misstated ition. I. H. S.