New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-12-31

XIII iGjnn yon can select either place you chooSel
have requested Messrs Marsl Coo "' t nrvce
Of process 10 pnt IN an appesnCe on neeGv trial but
an lie contrary TO afford every facility to such eXpcd
ton. And IN further earnest OF my ICSePt"so ant
proposition, and my desire t9i IL sha DC
~ pose 10 save you any trouble in proving e
and publication of the words you claim 10 ne sat
DER repeating, as do herr and now Win an vcrv
nd absoutcucss that you arc not ana nat you VIZ
wen know that you are not the author 9d u -, iD
Mother hut on the contrary. that ON the author aha
lie sole author OF it, and Of each and every part I
except where you have made verbal chages 10 NO
tally with your condition. as Dy tnG hetape, that
I wrote the whole poem Of fifteen verses as u
stands in the pamphlet OF Mr Morse 10 T rd Inmhcd
az yonr own that composed and wrote IL IN the hteI
pat OF 1856 AID the early part OF ISoI uiu ~ ysar
iS57-55-5O and long before the period QSCo whel y y0n
letter TO Tie Eretng Post You claim 10 nave written
Madam is true uuqualihcdly true and ! am ready 10
and do avOnch 1t before God ana man, mere c
sOemnity averment, and Dnd Inc SOU iO ~ '
think it j. capable OF being sustained " and so
n YOU win give the opportunity you threaten 1u So
llcIt This letter my stipulation that In the action you
e,tin wien brougit shall not cOutrOver that his Is
% ir and The truth aud that so publish it TO the
world Meanwhile refranng RON the war OF W
which YOU invite me, and with which your annae iclC
ahnnds ms not likely illustrate the simple issue OF lct
between Withholding my pen rom u M :. ..i
suit" deliberately planned and co9y fHcueI rfuV
viainy" "1ime, ofense dat,rc dye% IN se
cret" gross SANDER" liar and swiudler seitton-
tempt" and other snch like choice ana aiguviro
expressions with which your connlmcaiiGn %, %
as from fountain perpetuay bnb1ng WIN sSc , T
you wrote the disputed lines; not choosing ~ 49,
YOU with the cOarSenesS which you, IN common WIN O
champions by using, provoke have written lS lluSn
longer than Thought II would be when began 10 the
end that you might lose no time an commencing YOU s
willie waiting for the reply, which, as areauy enOou'
m tNtsV viii IL permit. " A. NJ W. BALL
MR. BALLS FURTHER REPLY.
ELIZABETH, N j., Dec 1851
MADAM Since my partial reply Of September ., 10
yonr letter OF August have waited now over err t rcv
Threatened. But have waited In VAIN rear iha. y"a
have practically altogether whdra"n your tnIva,, Sd
with snch flourish. is not likely to he resortCd lo.
pray you TO adhere TO your as M
sumed therein II would be agreeable to me- as suEEseu
in my former reply that your publishers Messrs Icko
a Fields should Institute an action against me for an
alleged violation Of their copyright you are tne Ile
fish il in his pamphlet and the liability would be clear
That publication hereby agree to assume Tor the pur-
s mo a. ipsted Of MIR Dodd will voluntarily appear
in the action. Let it be brought IN NewIOrk Wheie the
Thereby give you and them the advantage Of knowing
beforehand what some Of the proofs on WHSh sn
that you and they may Inquire into the character OF te
witnesses ana i liz rNrnbet are Iefnr.
nshed you. Obviae the objection taken by your ehei
| tials aud not by full signatures. . . -,
All these writers are persons in good repute-some OF
as the fact was that long before you claim to have
written the poem. aud early as 1889 read Il to
them ms my own. The statements are genuine ana VIII
be exhibited TO any who may feel interested Ia ST.
| ing their authenticity, ~, 4,
Ny delay in replying TO your letter In expectation on
the promised suit has brought me ths atesto OIL sue
Hon George w Wright one o. my fellow uHNc G se1
the Journey to California, in February ana MaIea' loo
and my roommate on the steamers boIh on the AIanuc
and Pacific aud TO whom ooh on i1S % a. ,,"
cur arrival at san Francisco READ INC poem - nc Suits
Mr. Wright is perhaps known to you by reputation nav
ing represented California in Congress and been largely
engaged IN business as partner IN one OF the largest
/ baHking-hOuses OF san Francisco. .,
think you will fnd peculiar weight In the testimony
of tits gentleman, nasmuCh ho cOrroboraes the as
seron In Mr. MOrse's pamphlet o. 26D MT Bail wrote
In the latter part Of the year 1856 In February 1851 he
sailed for California and the steamers ON both oceans
AZ '''''''''' a, NJ. W. BALL.
LETTER OF TIE non GEORGE W. WRIGHT.
No. C22 Ngw.IERsEY-AyB.
wAsHISGToN. ID. G., Nov. %. 1861.
! o. A. MORsE, esq, Che'rg IdLty' ~ J. DEAR sIR
ander N. VI. Ban to the authorship II tho poem Rock
! me 10 sleep Mother" To me. so wei acquainted WIN
the authorship especially strange DOGS seem that any
should assert that poem w9s hIst written IN otO
nearly every line Of which could have repeated from
! memory. years before that date Was personally
present. in the year ISL when portion OF tLat poem
tae whole left Eew-York for California on che 2oh day
Of February sj7the February next after The Fremont
canipaigr-nid on that passage Mr Ball my
MAZE on both oceans. Our acquaintance comnlGnctd
/ with the commencement OF the voyage. Those
| who have nado a similar voyage can readily APP
prcciate tho nature Of those Kindly relations which
which naturally ripei into terms o. mutual confidence
between COBgcal tenants Of the same staeroom Ii was
tins voyage and during tho very close intimacy which
existed between Mr. Ball and MS SELF that he wrote
poruoD-I think stauzaof this poem, and revised
changes we're afterward discussed between US thus
became well acquainted with tie whole poem, oiton tax,
ing 1t mp aud reading IT, aud on one oceasan a. least
borrowed the manuscript and read 10 some friends ON
the steamer At the close " that voyage think could
on parting with Nj. Ball at san Francisco wo
appointed day when ho vas to come on 0nt
Mission II Dolores and requested Lin to bring the poem
with him and read 1t 20 Mrs Wright which he promised
20 usMrs. Wright and my sisters being present--and
they wei remember the circumstances ard the poCIn'
J. that time, asked Mr. Ball for copy, which he prom
sed to give me when lie should have perfected ~ ihe
copy lie had having bceh cChtlueIAblg lhteIlHtu ny
changes in the form Of EXPIRE SsOn had ~ often read
and reflected upon these changes, and seen lhfr
believe, now identify those sheets, should ever
both IN spirit and letter. II not possible mat can 1e
mistaken recOect, on that occasion, asking mr. Ball
ehttd with CodS was true 6escrption or t,'' mere
fancy sketc and his reply was, that II truly described
at that time, exhibited to MI Ban copy Of the poem,
Home, sweet Home" which hr Payne, the author
thereof, had written I'm the album Of my daughter in
acknowledgment Of some service which had rendered
him just before he left for his mission abroad where he
after died MT Ball asked II there any terms
upon which we could part with that manuscript. re-
maj be must pubsh Rock me To- slenn Motier" and
before il old as HOine, sweet HOme II would be
as famous was called suddenly away from California
and did not get the promised copy ror did aan hear
Of the poem until heard II sung by the Hutchinson
Family IN Washington, IN 1857 was greatly delighted
OF hearing the song and still at the Immense APP
piause which followed the several repetOns Of IT, for
could not but regard II iudOrBement OF the opinion
had formed OF il 1--WE years before ard remember too,
how windy the song proceeded 1t brought again be-
fore the incidents Of The voyage have mentioned
| Having been wen acquainted with the Hutchinsons
for many years, went up TO them at the
close Of the concert, and expressed my pleasure
at hearing the song, and told them that
knew al about IT. that II written by an init
mate friend OF mine. was disappointed that they did
not recognize my friend as the author though do not
remember that they named any other party being the
author might mention other