Mount Edgcumbe <1>
Thursday May 27th 1852
My dear Henry
I consulted Milord <2> about your business, <3> but I have been so very busy I could not write before. he says it is very difficult to give advice in the matter, because it must be a question of feeling with you, whether you like or not to throw open your invention to the Country – But he agrees that you ought not to do so without without a sufficiently signed requisition. He thinks there would be no difficulty in obtaining the first names in the Country if you could get hold of one or two “heads” in the first instance – more particularly Lord Rosse & Sir C. Eastlake <4> – He thinks Ld Rosse might do a great deal, & perhaps speak to Prince Albert <5> – who wd very likely consent to put his name to a list of persons representing the whole science & art of England – but cd not be expected to make such a request unless in that manner & as a F.R.S. <6> or member of some Scientific Society, wh he no doubt is. If this cannot be managed thro’ him, perhaps I cd write to Col Grey <7> & ask him to find out privately (the first step to every public proceeding,) if the Pe would consent, provided all the great names of the Country were obtained. But then I must have a clear statement laid down of what I am to say, otherwise I shall be sure to make blunders.
I consulted Mr Boger <8> on that point, without at first mentioning your name, yesterday – I thought he knew of a very clever Patent Lawyer, or Counsel, as he calls it, having had a good deal to do with the Alkali Patent at Plymth in wh Milord has shares – But he did not know of any one in particular – He explained however that the Counsel only plead before the Judicial Committee & having have nothing to do with getting up the case – wh is done for them by what are called Patent Agents. He mentioned one of these Mr Cartmail, <9> of Lincoln’s Inn (he believes) as a remarkably clever man. He said the success of such a case mostly depended upon the temper of the Judicial Lords, & upon their view of the it’s [sic] real merits & the risks or losses of the Patentee, & not upon points of law. When I found he answered so discreetly, I told him you were the person I was interested about, & that I wanted to know in a general way what he thought of your chances of a renewal. He said that altho’ you have not often taken steps to obtain redress, (wh was always considered necessary, as a proof of endeavouring to defend one’s rights,) still it being almost impossible to do so from the nature of the thing, & the extreme facility with which the Patent cd be evaded, wd give you great claims – & altho’ you probably cd not prove great pecuniary losses, as in most cases of infringements of Patents (always one of the chief grievances to be considered) – still every peson who practised without a license, & who gave away even to friends Talbotypes <10> which he wd otherwise be under the necessity of obtaining from you, caused you thereby so much loss. In short his opinion was (tho’ he does not pretend to any but general knowledge on the subject,) that your case was a strong one – & were he one of the Judges he shd be very much inclined in your favour. Of course I did not mention the other part of the subject to him. Milord thinks for another reason that you ought to ascertain the Value of your rights – because if you give them up, you it is fair you shd be able to shew what sacrifice you make to the general wish. We have just asked the D. of Bedford’s <11> opinion – a great friend as you know. He says it is quite right, proper & laudable in you to endeavour to establish your fame as the Inventor of Photography – & tho’ he says he does not understand the sort of thing, he agrees with Milord in thinking there cd be no difficulty in obtaining the Prince’s name, as a F.R.S. – I have written you a terribly long letter but could not compress all I had to say in a smaller compass – & I fear after all I have not helped you much. Let me know if I can do anything more.
Your affte Sister
Caroline
Notes:
1. Mt Edgecumbe, near Plymouth: seat of the Earl of Mt Edgcumbe.
2. Ernest Augustus Edgcumbe, Lord Valletort, 3rd Earl of Mt Edgcumbe (1797–1861), WHFT’s brother-in-law.
3. WHFT’s patent for the Calotype.
4. William Parsons, 3rd Earl of Rosse (1800–1867), astronomer & MP, and Sir Charles Lock Eastlake (1793–1865), painter.
5. Albert Saxe-Coburg (1819–1861), consort to Queen Victoria.
6. Fellow of the Royal Society of London.
7. Lt General Charles Grey (1804–1870), MP, Private Secretary to the Queen.
8. Deeble Boger, solicitor to the Mt Edgcumbes.
9. Misspelling of William Carpmael (1804–1867), patent agent & engineer, London.
10. WHFT's sister, in common with many of his family and friends, hoped to honour the inventor's name, but he modestly continued to prefer the neutral term of calotype.
11. Francis Russell, 7th Duke of Bedford (1788–1861).