Sir J. Herschel
Athenæum Club <1>
May 15/54
Dr Sir
Would you have any objection to give me your valuable assistance in an affair of considerable importance to me? The case is this. 2 years ago I presented my invention called the Calotype or Talbotype to the Public, <2> reserving to myself a single branch of it (the taking portraits for sale) in order to recover if possible the money spent upon the invention in various ways.
But a knot of photographers in Regent St and elsewhere have conspired together to upset my patent. The case <3> comes on for argument in the Court of Chancery in a few days, when affidavits will probably be made by the opposite side that I am not the inventor of the Art, or that at any rate my invention was imperfect & of no utility &c &c &c.
I am advised that 2 or 3 affidavits made by persons of high scientific eminence would outweigh in the mind of the Vice Chancellor a host of affidavits made by obscure persons who speak with little or no authority on the subject. I have therefore asked Sir D. Brewster & Profr Wheatstone <4> to make affidavits in my favour which they have kindly consented to do, & if you have no objection to do the same I shall consider my case as established.
I may mention that it would only be necessary for you to call at the office of my solicitor in Lincolns Inn at any hour of the day between 10 and 6 on Friday or Saturday next and sign the affidavit which I hope would not be giving you too much trouble.
But since of course you would like to know first, the contents of the document, I would send you a draught of it previously – It would state that you believe me to be the inventor of the Calotype or Talbotype process, & that you are acquainted with the principles of the Collodion process, which for reasons assigned, you consider to involve the same scientific & photographic principles as mine, and to conduct to the same result finally, viz. to a positive photograph on paper.
Excuse this trouble, & believe me Ever truly yours
H. F. Talbot
Notes:
1. Athenaeum Club, Pall Mall, London: WHFT’s club; a gentleman’s club composed primarily of artists and scientists.
2. In 1852, WHFT was prevailed upon to throw open his calotype patent to all amateurs, see Doc. No: 06585, Doc. No: 06628, and Doc. No: 06653, and letters relating to them for a full picture of the events of that year.
3. WHFT won an injunction 26 May 1854, against James Henderson, photographer, London, who employed the collodion process, but the decision went, in the end, in favour of Henderson, see Doc. No: 07248.
4. Sir David Brewster (1781–1868), Scottish scientist & journalist, and Sir Charles Wheatstone (1802–1875), scientist, in Doc. No: 06550. Brewster’s, along with Herschel’s, was printed in Notes and Queries, 8 July 1854, pp.35–36.