Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
"Under The Black Flag." A Statement Of Facts.
" UNDER THE BLACK FLAG . " A STATEMENT OF FACTS .
IN 1882 and 1883 appeared Parts I . and II . of Gould ' s " History of Freemasonry , " published by T . C . Jack , of Edinburgh . The Masonic press of England and America
was loud and unanimous iu praise of the work , and Messrs . Yorston and Co ., of Cincinnati , conceived tho idea that an American Edition might be a good thing .
Between England and America there is no international law of Copyright . Legally therefore Yorston was entitled to reprint without more ado . But there is such a thing as moral right , and it may be open to argument whether
Gould in disposing of the English Copyright to Jack , divested himself of his moral right to make arrangements for re-pnblicafcion in America . But this question need not here be discussed , because Jack in his very first letter
admitted afc least a concurrent right on Gould ' s part , and if Y > rston chose to deny Jack ' s rig hts in America , there hi Log no international law of Copyright , he could not , morally at lea .-t , deny Gould's natural rig ht to tho produce of his own brains .
Yorston took at first the proper and honest course , afc least in appearance . On the 10 th and 27 th August 1883 , he wrote to Jack , offering a price for the work to be sold by him in America .
Jack ' s answer of the 13 th September 1883 must be given in fall , for reasons that will shortly appear .
" I have your letters of 10 th and 27 th August . I should have replied sooner to the former , but could not see my way to supply the Freemasonry at fche price yon named until I had seen the Author , who is in Loudon . I cannot see him for a fortnight yet , bat I mnch
fear we cannot look at your price . However , I shall let you know without delay . " " Meanwhile , I send you specimen and 2 sets portraits , & c , all that
are engraved . I purpose giving say 4 American portraits in any case , but if yon could guarantee me a large sale I would give moro , I have no donbt you conld make a fine thing with the book if Americanised in this way . "
This letter crossed one from Yorston of 3 rd September 1883 , asking Jack afc what price he conld supply stereotype plates of the letterpress , & c , and electros of the portraits ?
Yorston wrote once more , on the 27 th September , nofc having yefc received Jack ' s letter ; the communication contains nothing new , and practically merely confirms his
former ones . Almost immediately afterwards he must in due course have received Jack ' s letter of the 13 th Septembsr , which certainly cannot be construed as entitling him to suppose his terms would be accepted .
13 th November 1883 Yorston writes once more , complaining of fche absence of any letter since thafc of the 13 th September . In this month ( or previously ) he took very decided steps , entailing some expense , and
which should nofc have been taken ( if he were acting bona fide ) on the strength of such a very discouraging letter as Jack ' s of the 13 th September . The cost entailed
by these unauthorised steps , he afterwards pleads , compelled him to pirate the work in order to recoup himself .
The steps were the following : —In November 1883 , on the strength of the solitary letter from Jack above referred to , Yorston issued a prospectus of an American Edition of Gould ' s work ; he engaged with Carson to supply
him with historical supplements of a nature peculiarly interesting to Americans ; he advertised this assistance ; he , through Carson , arranged with Drummond for his portrait , and for a portion of the additional work ; he sent out
canvassers to sell the book , and touted for portraits . Ifc is important to remember that these arrangements were made in November 1883 , and very noteworthy that Yorston never at any time informed Jack that he had
issued a prospectus afc all . Thus far , every unprejudiced man must admit that Yorston had simply made up his mind to issue the work under any circumstances , and the offer of an arrangement looks very like a blind . The subsequent correspondence only confirms this view .
On 8 th January 1884 , Yorston wrote once more , acknowledging receipt of a letter from Jack , containing a refusal to supply the plates , and begging him to
reconsider his determination . Failing that , he asked for a price for the work in sheets . This letter -contains the following very palpable threat . "In tb . 9 absence of any Copyright treaty between this Country and Great Britain , we could , if we chose , set up the work and print
"Under The Black Flag." A Statement Of Facts.
it ourselves , bufc this is something we would prefer not to do , preferring to pay you a fair price for the work aa above and give yon some profit that will bo satisfactory to both . " As the sequel proves , Yorston himself was to be the sole judge of what constituted a "fair price . " Jack ' s answer of the 23 rd January 1884 is as follows .
" I havo just received your favour of 8 th inst . I have seen a copy of your prospectus of the ' History of Freemasonry , ' and I concluded yon had determined to reprint fche work . Of course , I am perfectly awaro that you can do so , but in adopting this course thero are disadvantages with a work of this sort which yon
have no donbt fully considored . " I must say I feel at a loss how to reply to your letter in view of prospectus . I have no wish to bo churlish . At the same time I am not inclined to play into your hands if you are reprinting the book . Yon certainly say you : would prefer not to do it , ' bufc you may be
doing it , seeing [ have declined fco sell plates . Tn that case there seems little use in goin ? into the question of prices flawing seen yonr prospectus I am naturally cautious . Of course I quite nnderstand you may have got it up in expectation of arranging with me . "
Under the circumstances it was more than generous of Jack to give Yorston the benefit of the doubt implied in tbe last sentence . For us , the doubt cannot exist , as Jack ' s
letters had both been refusals of fche terms offered . Yorston ' s answer of tho 6 th February denies that he is reprinting , and endeavours to show that the price offered was a fair one .
On the 27 fch March Yorston wrote again , insisting upon a reply before the 14 th April , and reiterating the former threat , thus : — " Wo again repeat onr wish to make a satisfactory arrangement with yon , if not , we are only left to take the alternative which we prefer to avoid . "
Jack answered , on the 14 th April : — " Since yon opened communication abont Gould ' s Freemasonry , another party has made overtures . I did not like your threats to reprint , nor your prospectus , which I should not have heard of bnt through Masonic channels . I delayed replying to your last letter till
today , —the latest you give me , and I have just received a letter from a prominent Mason in Philadelphia , which leads me to decide not to place the book in your hands . My correspondent reveals a system of blackmailing on your part which I would never be a party to , a system which would bring certain disgrace on fche book , and ond only
in disaster to us both . I shall now complete arrangements with the other party referred to , and leave you to carry out yonr scheme , if you think proper . I ijivo you notice , however , that effectual measures will be taken Jto denonnco yonr attempt to include portraits only of those who will
pay 300 dollars . " In a letter , of 12 fch June , Yorston complains of the
accusafcion of blackmailing , maintains he has acted fairly throughout , does not deny the " soft impeachment" of asking 300 dols . for the insertion of a portrait , and concludes : — " We made you a liberal offer for a set of the plates , if it is nofc satisfactory make us yonr offer . "
He does not state thafc he will accept it . In a private letter of the same date he says that Messrs . Nickerson and Carson , having seen the correspondence , are quite satisfied he has acted in an honourable , candid , and fair manner . As regards Carson , as he had been
connected with the enterprise from ( at least ) November 1883 , his opinion is easily accounted for . But in Bro . Nickerson ' s case acts speak more strongly than words . When asked to write some additions for fche piratical work , he promptly declined to do so without the author ' s approval .
A few extracts from Jack s letter of the 27 th June , fche last of the series , must close this part of the subject .
In your present letter you do nofc deny thafc you have made the demand , and if 300 dola . for anoh a demand is nofc blackmailing I don't know what is . Naturally I felt indignant thafc snch should happen with any book of mine , and I decided immediately I heard of it to leave yon to reprint the work , or do anything yon pleased with it ,
rather than be mixed np with such a transaction . Suoh is still my determination ; and if I had had the slightest inkling that yon intended to make profit out of the book in this way , I should have broken off negociations sooner than I did I say it
was neither honourable nor fair to demand 300 dols . for those portraits . And you were neither candid nor fair to me in your attempt to coerce me by threats of reprinting . And if you consider the offer you made a liberal one , I can only say I am of a totally different opinion . "
And here the matter ended for the time . Mr . Jack is now dead , but his letters speak for him , and show him to have been a straightforward , upright man of business . Those of Yorston , on the contrary , coupled with his acts in November 1883 , display the spirit of the footpad . He » ays in effect : " There is n
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
"Under The Black Flag." A Statement Of Facts.
" UNDER THE BLACK FLAG . " A STATEMENT OF FACTS .
IN 1882 and 1883 appeared Parts I . and II . of Gould ' s " History of Freemasonry , " published by T . C . Jack , of Edinburgh . The Masonic press of England and America
was loud and unanimous iu praise of the work , and Messrs . Yorston and Co ., of Cincinnati , conceived tho idea that an American Edition might be a good thing .
Between England and America there is no international law of Copyright . Legally therefore Yorston was entitled to reprint without more ado . But there is such a thing as moral right , and it may be open to argument whether
Gould in disposing of the English Copyright to Jack , divested himself of his moral right to make arrangements for re-pnblicafcion in America . But this question need not here be discussed , because Jack in his very first letter
admitted afc least a concurrent right on Gould ' s part , and if Y > rston chose to deny Jack ' s rig hts in America , there hi Log no international law of Copyright , he could not , morally at lea .-t , deny Gould's natural rig ht to tho produce of his own brains .
Yorston took at first the proper and honest course , afc least in appearance . On the 10 th and 27 th August 1883 , he wrote to Jack , offering a price for the work to be sold by him in America .
Jack ' s answer of the 13 th September 1883 must be given in fall , for reasons that will shortly appear .
" I have your letters of 10 th and 27 th August . I should have replied sooner to the former , but could not see my way to supply the Freemasonry at fche price yon named until I had seen the Author , who is in Loudon . I cannot see him for a fortnight yet , bat I mnch
fear we cannot look at your price . However , I shall let you know without delay . " " Meanwhile , I send you specimen and 2 sets portraits , & c , all that
are engraved . I purpose giving say 4 American portraits in any case , but if yon could guarantee me a large sale I would give moro , I have no donbt you conld make a fine thing with the book if Americanised in this way . "
This letter crossed one from Yorston of 3 rd September 1883 , asking Jack afc what price he conld supply stereotype plates of the letterpress , & c , and electros of the portraits ?
Yorston wrote once more , on the 27 th September , nofc having yefc received Jack ' s letter ; the communication contains nothing new , and practically merely confirms his
former ones . Almost immediately afterwards he must in due course have received Jack ' s letter of the 13 th Septembsr , which certainly cannot be construed as entitling him to suppose his terms would be accepted .
13 th November 1883 Yorston writes once more , complaining of fche absence of any letter since thafc of the 13 th September . In this month ( or previously ) he took very decided steps , entailing some expense , and
which should nofc have been taken ( if he were acting bona fide ) on the strength of such a very discouraging letter as Jack ' s of the 13 th September . The cost entailed
by these unauthorised steps , he afterwards pleads , compelled him to pirate the work in order to recoup himself .
The steps were the following : —In November 1883 , on the strength of the solitary letter from Jack above referred to , Yorston issued a prospectus of an American Edition of Gould ' s work ; he engaged with Carson to supply
him with historical supplements of a nature peculiarly interesting to Americans ; he advertised this assistance ; he , through Carson , arranged with Drummond for his portrait , and for a portion of the additional work ; he sent out
canvassers to sell the book , and touted for portraits . Ifc is important to remember that these arrangements were made in November 1883 , and very noteworthy that Yorston never at any time informed Jack that he had
issued a prospectus afc all . Thus far , every unprejudiced man must admit that Yorston had simply made up his mind to issue the work under any circumstances , and the offer of an arrangement looks very like a blind . The subsequent correspondence only confirms this view .
On 8 th January 1884 , Yorston wrote once more , acknowledging receipt of a letter from Jack , containing a refusal to supply the plates , and begging him to
reconsider his determination . Failing that , he asked for a price for the work in sheets . This letter -contains the following very palpable threat . "In tb . 9 absence of any Copyright treaty between this Country and Great Britain , we could , if we chose , set up the work and print
"Under The Black Flag." A Statement Of Facts.
it ourselves , bufc this is something we would prefer not to do , preferring to pay you a fair price for the work aa above and give yon some profit that will bo satisfactory to both . " As the sequel proves , Yorston himself was to be the sole judge of what constituted a "fair price . " Jack ' s answer of the 23 rd January 1884 is as follows .
" I havo just received your favour of 8 th inst . I have seen a copy of your prospectus of the ' History of Freemasonry , ' and I concluded yon had determined to reprint fche work . Of course , I am perfectly awaro that you can do so , but in adopting this course thero are disadvantages with a work of this sort which yon
have no donbt fully considored . " I must say I feel at a loss how to reply to your letter in view of prospectus . I have no wish to bo churlish . At the same time I am not inclined to play into your hands if you are reprinting the book . Yon certainly say you : would prefer not to do it , ' bufc you may be
doing it , seeing [ have declined fco sell plates . Tn that case there seems little use in goin ? into the question of prices flawing seen yonr prospectus I am naturally cautious . Of course I quite nnderstand you may have got it up in expectation of arranging with me . "
Under the circumstances it was more than generous of Jack to give Yorston the benefit of the doubt implied in tbe last sentence . For us , the doubt cannot exist , as Jack ' s
letters had both been refusals of fche terms offered . Yorston ' s answer of tho 6 th February denies that he is reprinting , and endeavours to show that the price offered was a fair one .
On the 27 fch March Yorston wrote again , insisting upon a reply before the 14 th April , and reiterating the former threat , thus : — " Wo again repeat onr wish to make a satisfactory arrangement with yon , if not , we are only left to take the alternative which we prefer to avoid . "
Jack answered , on the 14 th April : — " Since yon opened communication abont Gould ' s Freemasonry , another party has made overtures . I did not like your threats to reprint , nor your prospectus , which I should not have heard of bnt through Masonic channels . I delayed replying to your last letter till
today , —the latest you give me , and I have just received a letter from a prominent Mason in Philadelphia , which leads me to decide not to place the book in your hands . My correspondent reveals a system of blackmailing on your part which I would never be a party to , a system which would bring certain disgrace on fche book , and ond only
in disaster to us both . I shall now complete arrangements with the other party referred to , and leave you to carry out yonr scheme , if you think proper . I ijivo you notice , however , that effectual measures will be taken Jto denonnco yonr attempt to include portraits only of those who will
pay 300 dollars . " In a letter , of 12 fch June , Yorston complains of the
accusafcion of blackmailing , maintains he has acted fairly throughout , does not deny the " soft impeachment" of asking 300 dols . for the insertion of a portrait , and concludes : — " We made you a liberal offer for a set of the plates , if it is nofc satisfactory make us yonr offer . "
He does not state thafc he will accept it . In a private letter of the same date he says that Messrs . Nickerson and Carson , having seen the correspondence , are quite satisfied he has acted in an honourable , candid , and fair manner . As regards Carson , as he had been
connected with the enterprise from ( at least ) November 1883 , his opinion is easily accounted for . But in Bro . Nickerson ' s case acts speak more strongly than words . When asked to write some additions for fche piratical work , he promptly declined to do so without the author ' s approval .
A few extracts from Jack s letter of the 27 th June , fche last of the series , must close this part of the subject .
In your present letter you do nofc deny thafc you have made the demand , and if 300 dola . for anoh a demand is nofc blackmailing I don't know what is . Naturally I felt indignant thafc snch should happen with any book of mine , and I decided immediately I heard of it to leave yon to reprint the work , or do anything yon pleased with it ,
rather than be mixed np with such a transaction . Suoh is still my determination ; and if I had had the slightest inkling that yon intended to make profit out of the book in this way , I should have broken off negociations sooner than I did I say it
was neither honourable nor fair to demand 300 dols . for those portraits . And you were neither candid nor fair to me in your attempt to coerce me by threats of reprinting . And if you consider the offer you made a liberal one , I can only say I am of a totally different opinion . "
And here the matter ended for the time . Mr . Jack is now dead , but his letters speak for him , and show him to have been a straightforward , upright man of business . Those of Yorston , on the contrary , coupled with his acts in November 1883 , display the spirit of the footpad . He » ays in effect : " There is n