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Not sent, according to note on verso of draft. On verso of copy a note from Sir Charles Trevelyan, dated 28 Jun. 1875, states that he 'quite approve[s] of the letter overleaf'.

Letter appears to be incomplete; Ellis expresses surprise that Napier has taken a week to reply in a matter which he believed to be urgent.

Richmond. - Acknowledges receipt of Ellis's letter of the 21st; thinks it 'better to obviate any further discussion' by stating he cannot accept the proposal which Sir Charles Trevelyan authorised Ellis to make to him. Asks Ellis to inform Mr [George] Trevelyan that he has 'no objection' to his printing Lord Jeffrey's letter of 2 May 1837.

16 Spring Gardens, 21 Jun. 1876. - Has seen Sir Charles Trevelyan and discussed with him and George Trevelyan what took place in the meeting between Ellis and Napier on Saturday.

In George Trevelyan's life of Lord Macaulay, he has not used everything from the letters he published; some passages which would be 'interesting in a history of the Edinburgh Review' have been omitted; he has also 'omitted some passages which Sir Charles Trevelyan thinks it due to Lord Macaulay's memory to suppress'; a great many letters have not been used at all.

Sir Charles is happy for Mr Napier to use the whole of Macaulay's Napier correspondence after the lapse of six months from the date of the publication of the life, 'with the reservation only that Sir Charles, or whoever may legally represent Lord Macaulay, is to be informed of what is proposed to be used... and to be at liberty, as Lord Macaulay's representative is now, to object to the use of any letter or part of a letter which shall have been omitted from the Life. Sir Charles adds his assurance that this power of restriction shall be used liberally and honorably, with a desire to comply with Mr Napier's wishes'.

Edinburgh. - Enclose their account [no longer present], which includes costs due by Sir Charles Trevelyan to Messrs Edmonston & Douglas and paid by Gibson & Co. They understood the correspondence of July-September 1875 to constitute an arrangement by which Sir Charles and George Trevelyan would stay proceedings, and Napier was not to publish any of the letters in question until the 'Life' of Lord Macaulay was published, and on this understanding they did not take steps to have the interdict declared perpetual. Therefore an order for costs against Messrs Constable would not be granted.

Spring Gardens. - Copy of letter from Napier to Ellis, 7 Sept. 1875 [O.18.7/49], followed by draft of letter from Ellis to Trevelyan. Napier's letter leaves Ellis 'no choice of withholding' it from Trevelyan, 'however inconvenient it may be'. Ellis believes that Napier 'misunderstands his position'; Gibson Craig & Co agree.

Richmond. - Believes that the agreement between himself and Sir Charles Trevelyan 'necessarily involved the withdrawal of that interdict, and superseded further discussion', so he does not need to give any reason for wanting the interdict recalled. Reminds Ellis that the Lord Ordinary stayed proceedings against Constable 'pending the issue of proceedings in England' against Napier; since these proceedings were abandoned by Trevelyan, 'beg[s] to know on what plea they are continued' against him in Scotland 'under colour of an interdict against Mr Constable'. Finds the line taken in Ellis' letter 'at once so inconsistent, and so wanting in courtesy', that he must request Ellis to refer the point to Sir Charles.

Edinburgh. - With thanks for copies of most recent letters; they also 'do not see what Mr Napier is aiming at, and you are quite right in not consenting to withdraw the interdict'. If Napier has no intention of publishing the letters, 'the fact that the interdict still remains in place cannot do either him or the Messrs Constable any harm'.

Ightham, Kent. - Quite agrees that they should not remove the interdict; if Constable applies to have it removed they should produce Napier's letter and 'apply for time to take proceedings against him in Chancery which should then at once be commenced'. Thinks Ellis should 'answer very decidedly as to the matter'.

Prestons, Ighton [on embossed notepaper for 8 Grosvenor Crescent]. - Writes out his suggested reply to Napier's last letter. Should criticisms of Napier's father's relations with Lord Macaulay or his conduct as editor of the Edinburgh Review arise on the publication of the Life of Macaulay, Sir Charles 'will be ready to give [Napier] every facility consistent with his duty as Representative of Lord Macaulay, it being understood that the Letters or portions of letters proposed to be published will be indicated to him beforehand and that they will not be published without his consent'. Sir Charles 'has already acknowledged the obligation he is under' to Napier for providing copies of the letters, and feels he has acted towards him 'with corresponding liberality' in making the proposal in his letter of 21 June.

Richmond. - Is willing to abide by Sir Charles Trevelyan's wish and to pledge not to print or circulate any of the letters [from Lord Macaulay to his father] 'till the Life of Lord Macaulay is in the hands of the public'. Supposes that there will be nothing in the 'Life' affecting his father 'which would be likely to call from public notice' from him; however, expects the work 'will be the subject of criticism in all newspapers and periodicals, and remarks may be made on my Father's relations with Lord Macaulay, or on his conduct as editor of the Edinburgh Review, which it might be absolutely necessary to answer'. Macaulay's letters might afford 'the only means of vindication'. Feels it is necessary for him to reserve the power to 'use them according to circumstances', which Trevelyan's terms would not allow.

If this is insisted on he will feel hard done by, since he made available to Trevelyan 'Without imposing a single restriction... a collection of letters without which he has himself said the Life of Lord Macaulay would be imperfect and by which his biographer will benefit not only in a literary but also in a pecuniary way'.

40 Enniesmore Gardens. - Has consulted his father; they both remember Napier's kindness in giving them copies of Trevelyan's uncle's letters; think it best to refer him to their 'confidential family adviser', George Ellis, who has received their instructions in the matter.

Has received Napier's letter of the 29th. True that Sir Charles Trevelyan was ignorant of how Napier intended to use the letters being printed by Constable, but this is because Napier had not informed him of his intentions and closed correspondence last month. Napier expresses a hope of 'terminating the differences that have arisen' between himself and Trevelyan, but does not say in what way.

For the present, Sir Charles 'objects to the circulation of Lord Macaulay letters', and unless Napier disclaims his intention to circulate them and agrees to arrange that the interdict against Constable remains in place, Trevelyan 'must, as he is advised take proceedings against [Napier] in England'. He abides by the offer he made on 21 June, and does not see how he can improve on it.

Prestons. - Returns the papers, which he thinks 'satisfactory enough'. Will come up on Monday unless he hears to the contrary. Seems 'clear that if Mr Napier is willing to come to terms, this is the time for stopping proceedings. His conduct in not informing us of his desire to print privately is of a piece with his usual want of frankness, but I do not intend to be angry, but to settle the matter as best we can'.

Edinburgh. - They have received the copy of Mr Napier's letter; do not consider that this affects 'the position of parties', and think that the application of interdict was warranted. Neither the Complainers [Sir Charles and George Otto Trevelyan] nor Ellis & Ellis seem to have been informed of his abandonment of a general publication and proposal to have only fifty copies printed; this has not been assented to and the printers 'at present stand interdicted from "printing" for "circulation". Proceedings in England will determine whether he is within his rights to have this small run printed for private circulation.

Richmond. - Writes in hope of terminating the differences which have arisen between himself and Sir Charles Trevelyan. Had intended to publish a selection of his father's correspondence, including many of Lord Macaulay's letters, and sent it to Edinburgh to be published. Abandoned this intention in consequence of Trevelyan's objections; thought however that he would be 'acting within the law, and not infringing [Trevelyan's] legal rights' if he had printed only 'an impression of fifty copies... for private circulation'; Messrs Constable were printing this when served with an interdict. Heard of the proceeding 'with great surprise'; thinks it must have been 'taken in ignorance of [his] real intentions'.

Edinburgh. - Enclosing copies [no longer present] of the application for Interdict; the answers thereto for Edmonston & Douglas and for Thomas & Archibald Constable; and of the 'Copy Interlocutor or order by Lord Ormidale dated yesterday'.

Messrs Edmonston & Douglas 'who it appears had been very recently negotiating with Mr Napier as to the publication of a life of his father) now disclaim any intention so to publish', and the Lord Ordinary has recalled the Interdict against them with expenses. The interdict remains effectual against Messrs Constable until proceedings against Mr Napier in England determine the rights of parties - or unless either the complainants have the interdict declared perpetual or Messrs Constable have it removed. Will be glad to know if it is intended to take proceedings against Mr Napier, 'as the interdict against Messrs Constable stands upon the representation that such proceedings are to be brought.

With copy of letter.

Edinburgh. - Have received Mr Balfour's opinion on the Memorial which was submitted to him for Sir Charles Trevelyan; encloses copy [no longer present]. Since his opinion is favourable, he has prepared a draft note of suspension and interdict against Messrs Edmondston & Douglas and their printers Messrs Thomas and Archibald Constable; a telegraph should be sent if the interdict should be applied for at once. Date of Lord Macaulay's will also requested.

40 Ennismore Gardens. - Has read Ellis' letter, and the copy of Messrs Gibson Craig's. Sets out course he thinks should be followed re Macvey Napier's intention to publish letters of Lord Macaulay. 'It is quite evident that Napier only proposed to publish after he learned of my being engaged [in working on the letters]'