Athenæum Club <1> London
Jany 5. 1855
Dear Ld Lansdowne
I regret very much my absence from home yesterday, when you proposed to call, and also that I should have lost the opportunity of making the acquaintance of so distinguished a photographer and such a well informed traveller as Ld Somers <2> –
I have come to Town at this undue season of the Year, in order to decide finally on the expediency or otherwise of applying to the Privy Council for a prolongation of the term of my photographic patent, the 14 years for which it was granted having now nearly expired. I believe the Privy Council would renew it for seven Years at least, if petitioned to do so. The fact of my having expended on the invention from £5000 to £10,000 more or less, and having thereby brought the Art into general use would doubtless weigh with the Privy Council independently of the merits of the invention but on the other hand I have presented the invention to the Public some years ago, for all purposes except taking portraits for sale, and with regard to this latter branch of the Art, other means and processes have been introduced, which a late decision of the Court of Common Pleas has pronounced to be not included in my patent right. It appears to me therefore to be useless to petition for an extension of the term. It would be a barren honour, still as an honour it would be prized, but here unfortunately steps in the obstacle which in so many shapes, is the bane of our English institutions I mean the enormous expense. I have ascertained that on a renewal of the patent, which ought to be a gracious Act of favour I might reasonably expect to be called upon to pay five hundred pounds for fees and attendant expenses. Nothing in England is done on broad liberal and noble principles – Even if the Sovereign bestows a peerage upon a successful general, he is called upon to pay fees, because certain persons have vested interests, and the nation has not had the forethought or the magnanimity to purchase and cancel those interests.
I have just mentioned the result of a trial which took place 2 or 3 weeks ago in the Common Pleas before Chief Justice Jervis – Nothing could be more illusory than such a trial – Neither Judge or Jury understood anything of photography – The Judge said in summing up, “I understand nothing of this matter” words most painful to hear from the judgment seat.
In fact, it was as if I or any other landsman were called upon to hear evidence and pronounce judgment, on the conduct of a naval captain in a gale of wind – In that case I should doubtless err greatly in my conclusions yet not so greatly as the Lord Chief Justice the other day
At any rate I should not confound the mainmast with the mizen mast – I should know stem from stern – Would it be believed that etiquette prevented my counsel from interrupting the Judge in summing up, and pointing out to him that he was going quite astray.
The twelve honest men and true, who in the days of Elizabeth were quite competent to decide any case that in that state of society could come before them, form in the present day a most rude and incompetent tribunal. In the present case they gave no sign of life; neither made any remark, nor asked a question.
Believe me Dear Ld Ld Yours every Truly
H. F. Talbot
Notes:
1. Athenaeum Club, Pall Mall, London: WHFT’s club; a gentleman’s club composed primarily of artists and scientists.
2. Charles Somers Somers-Cocks, 3rd (1819-1873), Viscount Eastnor from 1841 to 1852, thereafter Earl Somers. He was a Vice-President of the Photographic Society of London and married one of Julia Margaret Cameron's sisters.