TRANSACTIONS OP THE SECTIONS. 5 



has anticipated the publication of the Society's volume, by transmitting them 

 to the Institute at Paris and other Societies, as well as to tlie editors of joui'- 

 nals, for comparison with my memoir of December. 



" Believe me, my dear Sir, faithfully yours, 

 '^ James Yates, Esq., ^c. S^c, " Richard Owen." 



*' Sec. Council, British Association." 



Mr. Yates was unfortunately absent from England when Mr. Owen's letter 

 reached his house. Both the General Secretaries were also on the Continent, 

 and most of the other members of the Council were absent from London, so 

 that it was found impossible to assemble a Council to receive and consider 

 Mr. Owen's appeal before the assembly of the members at Glasgow, at the 

 meeting of the Association in September. 



On the 10th of August Mr. Phillips informed Mr. Nasmyth in the follow- 

 ing letter of the course he felt it his duty to follow under these novel and very 

 embarrassing circumstances : — 



« Sir, " York, August 10, 1840. 



" The course of proceeding which I have thought it my duty to adopt, in 

 regard to the publication of your paper, is this : — The printer will lose no 

 time in finishing the volume, the abstract of your papers omitted ; he will also 

 retain in type the whole of your abstract, in the form you have given it, in 

 order that, should the Council direct it to be introduced, it may, with as little 

 delay as possible, be added to the volume, whether published or not, and the 

 opinion of the Council on the case, so far as by copies of all the letters I have 

 received, and by reference to public documents, it can be justly stated to 

 them, will be requested on the very earliest possible occasion ; this being 

 what I conceive the line of ray duty, in consequence of the appeal which 

 Professor Owen has made to the Council (Mr. Yates and the General Secre- 

 taries being unfortunately absent). I shall be both surprised and grieved if 

 you interpret as intended injustice to yourself what certainly is based on a 

 conscientious desire to conduct myself rightly in circumstances such as hap- 

 pily have not occurred before in connexion with the British Association. 



" That you should be dissatisfied with the suspension of the printing of 

 your paper, is an almost necessary consequence ; but I really cannot suppose 

 that your displeasure at this proceeding on my part will prevent you from 

 furnishing to the Council, through their Secretary, Mr. Yates, such of the 

 original documents which you mention as may be sufficient to prove the ac- 

 curacy of the abstract you desire to have printed. Should you, however, in- 

 stead of this easy and obvious method of correcting any error of mine, resolve 

 to appeal to another tribunal, the public, I will give you the only proof in my 

 power to offer of an unbiassed mind, by transmitting copies of all the letters 

 I have received from you, to render any statement you may think proper to 

 make as complete as possible. " I am, &c. &c. 



"A. Nasmyth, Esq." "John Phillips." 



To this Mr. Nasmyth replied as follows : — 



" 13 A, George Street, Hanover Square, 

 12th August, 1840. 



" To Professor John Phillips. 



" Sir, 



" I have to acknowledge the receipt of yours of the 10th instant, and in 



reply have to state, that notwithstanding I have already fully done my duty to 



the British Association, it must be perfectly clear to you that I can have no 



possible objection to submit the documents required to you for your satisfac- 



