Rev. Lyman Beecher's Letter to John Tappan
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Sara Smith, Transcriber
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Cincinnati, Ohio
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Text
(Lane_108)
Line 1 November 14 1837 (Walnut Hills)
Line 2 My dear Sir
Line 3 Yours of Aug 4th was duly [read] after travelling to Auburn &
Line 4 back again, which with my correspondence with Mr Eastman, has delayed
Line 5 my answer. I thank you for your kind attention to the subject, & for
Line 6 the expression of your sympathy & your advice that “for one year” & if
Line 7 need be for a second, the Trustees should [vote] my salary when it is
Line 8 probable your brother will be able to redeem his pledge, or other friends
Line 9 will make up the sum” _ & for the very kind wish that you had
Line 10 escaped losses so as to be able to [charge] yourself with the sum.
Line 11 I regret exceedingly, the necessity of again trespassing on your attention
Line 12 but as I perceive the existence of some facts & considerations which
Line 13 I conclude cannot have been taken into consideration by Mr A.
Line 14 Tappan, & by my friend who concurred in his opinion decision
Line 15 I beg leave to state them with the reasonings & results to which
Line 16 my mind has been conducted by them
Line 17 1. Mr A. Tappan made a subscription of $20.000 to the Lane Sem
Line 18 inary on condition that I should be the President & Prof. of Theology
Line 19 2. I declined accepting a foundation secured only by a ^ [unclear] subscription
Line 20 on the ground of the liability to probability of such commercial embarrassments
Line 21 as have actually taken place.
Line 22 3. My decline & the reasons for it, were immediately communicated
Line 23 to Mr Tappan by Mr Eastman
Line 24 4 In reply, Mr Tappan gives the ^ a written document to Mr Eastman in
Line 25 which he says “tho’ not a part of my original subscription to the Lane
Line 26 Seminary, yet considering the immense importance to the religious inter
Line 27 ests of our country & the world that there should be no disappointment
Line 28 respecting Dr Beecher’s going to Cincinnati, I engage to secure the sum
Line 29 of $20.000 subscribed by me by mortgage on real estate in the city of
Line 30 New York & in New Haven. & this I will do immediately on hear
Line 31 ing that this arrangement is satisfactory to Dr Beecher.”
Line 32 5. Mr Eastman informed me on his return from New Haven, & [still]
Line 33 remembers that Mr Tappan said in conversation, that “Dr Beecher
Line 34 might come on himself, or send on an agent to see that the mortgages
Line 35 were executed, or if Dr ^ B. chose to confide in him (Mr T.) he would see
Line 36 it done.” I said in reply “that the arrangement proposed by Mr
Line 37 Tappan is satisfactory; please to give him notice accordingly. As to
Line 38 going myself or sending an agent, there is no need of it. Mr Tappan
Line 39 engaged to do it himself on hearing from you that the arrangement is
Line 40 acceptable to me. Give the notice, & I have perfect confidence that Mr
Line 41 Tappan will do it.”
Line 42 In view of this it is manifest that neither Mr Eastman, nor myself,
(Lane_109)
Line 1 nor the Trustees, had any occasion to call on Mr Tappan to execute the mort
Line 2 gages. He promised as we understood the case, to execute the mortgages on cer
Line 3 tain conditions. He fulfilled these conditions, & motives of delicacy restrained us
Line 4 even to the last moment, from enquiring of him whether he had fulfilled his
Line 5 engagements. My decline to go without bond & mortgage security, his offer of
Line 6 this security. My return notice of satisfaction did not occupy more than four
Line 7 or five days, & it never occurred to me that there could be any misapprehension
Line 8 On learning that Mr Tappan “kept no copy of the document in which
Line 9 he made his engagement, & that” never having been called on for the propo
Line 10 sed mortgages he had never executed any, & that after he had seen Mr
Line 11 Eastman & conversed with him he still did not consider himself notified
Line 12 of my having consented to go on the condition of bond & mortgage security
Line 13 I wrote to Mr Eastman a letter of enquiry. The following is an extract from his
Line 14 reply “I have a distinct recollection of informing Mr Tappan by mail
Line 15 that his proposal was satisfactory to you. I wrote what I supposed was necess
Line 16 ary & all I supposed Mr Tappan would expect to induce him to execute
Line 17 the mortgages as proposed in his letter to me; & never till this moment morning
Line 18 on receiving your letter to me, did it enter my mind that he would ex
Line 19 pect any other notice. I based my notice on our familiar, friendly, &
Line 20 christian conversation on the subject & particularly on the fact that in his
Line 21 letter to me he says “this will I do immediately on learning from you
Line 22 that this arrangement is satisfactory to Dr Beecher”
Line 23 In view of the case as thus presented I would observe
Line 24 1. That whatever the effect may be in law of any misunderstanding in the
Line 25 promises & the consequent failure of legal security, I should think it could
Line 26 have no influence to cancel the obligations of equity. Contracts, I understand,
Line 27 to be obligatory in accordance with the mutual understanding & intention of the con
Line 28 tracting parties, & in the present case it was my intention to accept the call only on
Line 29 condition of mortgage security, & it was Mr Tappans intention to give me such
Line 30 security, & it was in the full belief that it had been given that I relinquished
Line 31 my salary & situation in Boston. It is evident that the failure has been the
Line 32 result of no intentional delinquency any where, but entirely the result of mis
Line 33 apprehension. I certainly accepted on the understood condition of mortgage
Line 34 security. Mr Tappan as certainly intended to give it this heart was set on my
Line 35 going as a means of promoting the religious interests of our country & was
Line 36 ready to do all he could to remove difficulties.
Line 37 2. The evidence to me seems conclusive that due notice was actually given
Line 38 & received, which (but for misapprehension) would have obligated & secured
Line 39 the execution of the mortgages by Mr Tappan himself, without being called
Line 40 on to do it by another. But in the absence of his written engagement & not
Line 41 recollecting its exact & positive conditions, he seems to have acted on an impression
Line 42 recieved in conversation, that he was to be called upon by the other party to fulfil his promise
(Lane_110)
Line 1 so that his obligations, compared with the written document were not percieved.
Line 2 That I directed the proper notice to be given is certain _ that Mr Eastman
Line 3 made out the proper notice & put it in the mail cannot reasonably be
Line 4 doubted. That this notice miscarried, considering the regularity of the mail
Line 5 between Boston & New Haven will not be thought probable_ & it is hardly con
Line 6 cievable that in fulfilling the conditions of a contract which he had gone to New
Line 7 Haven on purpose to make & not more than a day or two after his return
Line 8 with the written engagement before him & the conditional notice of its immedi
Line 9 ate execution in his eye, he ^ ??? should have failed to communicate the only thing
Line 10 which was relevant _ the thing on which the whole matter depended _ to wit
Line 11 that the his proposals were acceptable & that on those conditions I would [unclear]
Line 12 Mr Eastman knew that I would go only upon mortgage security, & that
Line 13 Mr Tappan would himself prepare it on hearing that the arrangement was
Line 14 acceptable to me. He wrote expressly to inform Mr Tappan that his proposals
Line 15 were accepted, & this according to the written promise was the notice on condition
Line 16 of which the mortgages were to be given. It seems to be implied in the
Line 17 letter of Mr Tappan’s forwarded to me that he recieved a notice of my
Line 18 consent to go, tho’ not of its involving the condition of mortgage security
Line 19 But it seems to me that ^ any notice of consent, in the freshness of a
Line 20 transaction covering only four or five days must [simply] consent on the
Line 21 written terms sent to me for the purpose _ especially when I had express
Line 22 ly declined to go on any other terms. Nor is it the mistake ^ yet [but] it is
Line 23 not difficult to percieve how the mistake ^ may have occurred, even tho’ the
Line 24 notice given compared with the written document was obligatory, had
Line 25 it been understood.
Line 26 From Mr Tappans conversation in which he offered to
Line 27 have me come on send to me the thing done & from the mention in
Line 28 his late letter that ^ as he was not called on he did not make out the [securi
Line 29 ty], it is evident that in the absence of the exact language of his written
Line 30 promise he did not feel himself under obligation to fulfill it, simply
Line 31 on notice of my acceptance, but expected to be called on as a part of
Line 32 the condition on which it was to be done. In this view I cannot but
Line 33 apprehend that the evidence is satisfactory that the requisite notice
Line 34 according to Mr Tappans written obligation was made out & sent &
Line 35 recieved. The absence of the document recording the terms of his
Line 36 obligation created misapprehension _ still the obligations conditions
Line 37 according to rules of equity do
Line 38 on my part were strictly complied with & [unclear] ^ create obligations
Line 39 [unclear]? How far the failure of legal forms may affect my claims
Line 40 in law, I need not enquire, as I should be as far from thinking of such
Line 41 a remedy, as Mr Tappan would be from evading the claims of equity,
(Lane_111)
Line 1 thro’ defect of legal obligations. In view of these considerations it appears
Line 2 to me that
Line 3 3 The $20.000 does not, as Mr Tappan supposes, stand on the
Line 4 ground of a common subscription. A subscription is simply a donation
Line 5 without value recieved or relinquished. But in my case it was not so.
Line 6 Tho’ not in legal forms, there actually was a negociation between Mr
Line 7 Tappan & myself _ he engaging $20.000 to Lane Seminary for my
Line 8 support provided I would go. It was not offered to me as a gratuity
Line 9 but on the proposition that I should give up a valuable consideration.
Line 10 a delightful location of usefulness, an affectionate people, & an income
Line 11 that was equivalent to an annuity of $2000 pr. an. [unclear] This I
Line 12 relinquished for an income of $1200 pr. An. Now consider that as a
Line 13 subscription it was in a [unclear] for value recieved. & then add to it that
Line 14 I refused to give up my income for a simple subscription & Mr Tappans
Line 15 engagement of mortgage security _ & the failure of it thro’ misapprehension
Line 16 Is there not a strong claim in equity for my annual support?
Line 17 I cannot concieve how a claim of this sort to ^ can be rightfully taken out
Line 18 of the [unclear] of Arthur Tappan & [unclear]
Line 19 To the opinion of Mr Tappan that he cannot draw out of AT. and [unclear] means
Line 20 to pay his private engagements. I beg leave to suggest what I have under
Line 21 stood to in reply 1. That if the 20.000 had been a donation by subscrip
Line 22 tion without g^uarantee, & subject to commercial risks, I can easily per
Line 23 cieve that it might not be properly paid out of company means _ But,
Line 24 2. When the negociation which took place between me & Mr Tappan
Line 25 thro’ Mr Eastman are considered, it assumes in relation to me, the
Line 26 form of a regular business contract, in which, on both sides, the stipula
Line 27 tion is for a valuable consideration. I relinquish $ 2000 pr an. For
Line 28 $1200 on the ground of a mortgage security. Now tho’ in what I
Line 29 3. Was not the property proposed to be mortgaged in reality^ at the time a part of the
Line 30 company means, & did it not constitute a part of the foundation & extent
Line 31 of their credit & was it not liable in law for company debts, & had it
Line 32 been actually mortgaged, would it not have been taken out, if not from
Line 33 active capital, at least from the [unclear] available means of the com
Line 34 pany. Now in what I have written, I have consulted no books & followed
Line 35 only the dictates of my own judgment. I have understood^however from an able
Line 36 legal friend, that in chancery the rule of equity is, to place contracts
Line 37 where consummation has failed by mistake or defect in form, on the
Line 38 same ground & as subject to the same [unclear] construction as they would
Line 39 have been had they been regularly completed. Or in other words
Line 40 What ought to have been done, is considered, in equity, [unclear] done.
(Lane_112)
Line 1 If this be true it would follow that the $ 20.000 are already out
Line 2 of the company means, & placed in equity, beyond the reach of conflict
Line 3 ing company claims. Nor can I percieve why the claims should not
Line 4 stand on a ground of higher & more sacred obligation than those
Line 5 of ordinary commercial obligation. For merchants, the world over
Line 6 part with their property on credit, knowing the vicissitudes of commercial
Line 7 capital & taking the
Line 8 risks & taking the risk [unclear] risk’s of loss, in prospect of compensation by
Line 9 greater gains. Whereas I, in advanced age & having no property, & no pros
Line 10 pect of compensating gains, declined subjecting my income to commercial
Line 11 rich, & gave it up. Not until I had written promise of Arthur Tap
Line 12 pan in my hand to make out mortgage security as soon as he should
Line 13 recieve notice of my acceptance. The notice, [tho’] a mistake, implica
Line 14 ting no one, failed of promised results, & has subjected me to the loss of all
Line 15 things, contrary to the bona fide expectation of both the contracting parties
Line 16 Now, contracts on earth & in Heaven are binding according to the mu-
Line 17 tual understanding & intention of the contracting parties, & it is my full
Line 18 belief, that no contract ever went down on the Book of God with
Line 19 more sincerity & singleness of purpose & obligations of equity than char
Line 20 acterized the negociation between Mr Tappan & myself. It was, on
Line 21 the part of Mr Tappan, a transaction of magnanimous benevolence
Line 22 & no less on my part of self sacrifice for the general good. His was
Line 23 a princely donation, & I, having nothing else to give, gave myself, upon
Line 24 the security of raiment & daily bread. If I had property the delay of
Line 25 income for one or two years would be of no consequence. If the Trus
Line 26 tees could command funds & advance my salary, they would do it
Line 27 cheerfully. But the same causes which have crippled others, have crip
Line 28 pled them, & rendered this advance of my salary impossible. And if
Line 29 my people could safely be called on to double my income for a year
Line 30 or two that would prevent the pressure from crushing me. But as
Line 31 I ^ do not give them [unclear] my ^ whole time I know that it cannot be done &
Line 32 therefore the calamities of the suspension of my salary from the theologi
Line 33 cal foundation, for one year, can in no way known to me be evaded
Line 34 I have a family of eleven, five of whom are children in the course
Line 35 of an education, & by no possible retrenchment, or known income, can I [meet]
Line 36 their wants six months. Besides this, I engaged in Pastoral duties, with
Line 37 the intention of a gradual withdrawment as age & seminary duties made
Line 38 it necessary, & it was my intention at this time, to have relinquished a part
(Lane_113)
Line 1 of my salary & secure a colleague. [Must an in the] [unclear]
Line 2 [unclear] But as it is, I cannot give up
Line 3 my pastoral salary wholly or in part & retreat to the duties & support of the
Line 4 Seminary, & with both pastoral & Seminary duties accumulating upon
Line 5 me, it does not seem possible that I should long stand up under them
Line 6 since every day I am compelled to carry mental & physical effort
Line 7 to the very front rank of endurance. God I know, can sustain
Line 8 me but I am not authorized to expect support by miracles & only
Line 9 within the constitutional limit of body & mind. I am confident of
Line 10 the honourable & kind feelings of Mr Tappan, & that he will ponder
Line 11 carefully and candidly the view of the case as now presented, & that he will
Line 12 not fail to do whatever can be done to alleviate the pressure of a calamity
Line 13 which so late in life & so unexpectedly, & so severely [presses] upon me.
Line 14 For the fact is, I possess neither the means of sustaining my children
Line 15 abroad nor of paying their expenses home nor of sustaining them
Line 16 when at home, or of holding my family together, or of sustaining health
Line 17 & spirits for useful action, if I can for even for the continuance of life.
Line 18 I know that Mr Tappan did not intend that I should be placed
Line 19 in such circumstances of such extreme distress & peril, & that he
Line 20 will do what shall seem equitable & possible for my immediate
Line 21 relief. It is my hope that he will percieve it to be equitable &
Line 22 also that it will be practicable still to advance my salary in regular
Line 23 quarterly payments. But should it be otherwise, I trust it will not seem
Line 24 unjust to Mr T. of to his creditors, that I should recieve in com
Line 25 mon with them, so much of my salary, as with rigid economy
Line 26 may exempt me from prostration & put an end to my usefulness
Line 27 if not to my days. And considering the self denial & suffering of
Line 28 mind I am compelled to endure, I trust that no sum however
Line 29 small, will be witheld because it may seem relatively small.
Line 30 With sentiments of respect & affection I am yours
Line 31 L Beecher
Line 32 P.S. It is my desire that Mr Arthur Tappan may see this
Line 33 letter, & if you deem it proper, that friend of mine who gave you
Line 34 his opinion in respect to the course adopted by Mr Tappan.