2[...]
In the above list, the passage on pages 138 to 139 has appeared in the
American
Archives 4th series vol. 2nd, p. 1764, which was published in 1839,
subsequently to the publication of the plaintiffs's work, but prior to
that of the defendants. Also the passages on pages 339 to 342,
358 to 362, 367 to 368, 392 to 396, amounting in all to eleven
pages are found in the
Memoirs, Correspondence & Manuscripts
of General Lafayette, a work published in New York in 1837
subsequently to the publication of the plaintiffs's work, but prior
to that of the defendants. This work is protected by copyright
which is transferred to the family of Gen. Lafayette. The
letter contained in Upham pp. 339 to 342, has in the
Memoirs etc. the following note by the editors: "We believe
this letter never reached M. de Lafayette" In the
Memoirs etc.
there is a postscript of three lines, which is found in Upham
but which is not in the work of the plaintiffs.
# To the preceding list should be added a page and a half
on pp. 289-290 of the defendants' work, and a passage
of one page on pp. 327-328, and a passage of two pages
on pp. 329-330 and a passage of a page & a
quarter on pp. 335 to 337, all of which are found in
the
Memoirs etc. of Lafayette above mentioned. In all,
five pages and three quarters.