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Under The Black Flag.
have better understood the position taken up by Bro . Carson , though even in such case I should have questioned tbe propriety of his action . Bnt there being no law of the kind , I wholly fail to discern an atom of justification for the manner in which my natural ( nofc legal ) rights have been ignored .
Yorston and Co ., I apprehend , are working the book , more as commercial men than philanthropists , and I have drudged for them , nnwittingly , for many years of my life . For this there is no redress , bnt I confeaa to a very bitter feeling of mortification at the conntenance and support these people have received from leading Masons in
America . It is no part of my business to inquire into the dispute between the late Mr . Jack and Messrs . Yorston , but may shortly state , with regard to the merits of the case , that I have formed an opinion the reverse of thafc expressed by Bro . Carson . "
At this time , it should be mentioned , I had nofc seen the correspondence between Jack and Yorston . A final letter was sent by me—24 th August—to Mr . Drummond , of which the following is a copy : —
" Since I last wrote to you , ifc has seemed to me desirable to repudiate , in the Masonic journals , any connection whatever with Yorston and Co ., and I propose to follow this up with a still further disclaimer , and a circular to the Grand Masters of American Grand Lodges .
In yonr letter of 25 th July yon inform me , " I do not see how I can release myself from fche obligations which I have entered into in good faith , and which I supposed [ italics mine ] were entered into in good faith by Yorston and Co ., " and you likewise state thafc your name had been of great benefit to these persons in securing subscriptions .
By this I learn that in spite of my communication , dated 9 th July , calling your attention to a lying announcement by Yorston and Co ., you see no valid reason for withdrawing a support which is admittedly of snch value to them . I notice this point because while I mean to strictly respect the
confidential character with which your letter is impressed , ifc is only fair fco myself that I should so far use it , as to place on record the fact thafc before writing to the Masonic journals , I addressed yon on the subject of the piracy , and heard from yon in reply thafc you proposed continuing your active support to Messrs . Yorston .
In conclusion , I think ifc right to say that even now I have some diffionlty in realising thafc an American Past Grand Master can regard the spoliation of which I am the victim , with such a favourable eye aa to actually league himself with the unscrupulous and unfcrnthfnl firm by whom I have been despoiled . "
From the foregoing , every reader can judge for himself what measure of truth there is in the statement of Mr . Drummond that ( to use his own words ) : —
" When Gonld published his articles , Tie kneio thafc we were acting in good faith in the belief thafc Jack had placed Yorston in such a position as fnlly justified Yorston ingoing on with the work , " & o . I not only knew nothing of the kind , bufc I had plainly
intimated to Mr . Drummond , in my letter of 24 th August , that however hoodwinked or misled he may have been in the first instance , my own statements ought at least to have
ensured his declining to be any further connected with the piracy , though I freely confess that at that time I had no suspicion to what lengths his inordinate vanity in believing himself to be above or beyond the ordinary law of Masons would carry him . Let me now pass in review some of the leading facts of
the piracy . Mr . Yorston , in the capacity of publisher , has brought out an American edition of an English work , and in a manner not unusual in the United States—viz ., by simply reprinting it without the payment of a dollar to
any person or persons on this side of the Atlantic . Up to this point criticism would be superfluous . Anthony Trollope has well remarked , apropos of copyright with America , " American dishonesty is rampant , but it is rampant only
among a few ; " and he also says—what will dovetail with the subject in hand— " It is the man who wants to make money , not he who fears that he may be called upon to spend it , who controls such matters in the United States . "
Mr . Yorston has decidedly innovated—it is possible bis partizans may say improved—upon the ordinary custom of the trade , for he describes the work ( of which he is the publisher ) as having been written by myself , " with the
assistance ' of certain American Freemasons , with regard to whose labours , however , and the nature of the aid rendered , I had been kept wholly in the dark . Thus , to use
plain terms , the piracy is crowned by an audacious falsehood , by means of which Mr . Yorston doubtless intends to commend the book to American purchasers .
But it seems that Mr . Yorston is also a Freemason , and here comes the rub . In the United States dishonesty may be styled—I hope without offence , for I only repeat what has been uttered times without number by Charles Dickens
and other leviathans of the Guild of Authors—the attribute of the publisher ; but there is an old-fashioned feeling—though some indeed may regard it as a time-honoured
Under The Black Flag.
prejudice—in favour of honesty among Freemasons . The actual piracy , of course , involved no subtle combinations , bnt it seems to have been feared that the cool and
deliberate robbery of one Mason by another might , at the first blush , have an ugly look , at least to that class from which subscriptions would be invited . Mr . Yorston , however , soon decided , and the doctrine was readily accepted by Mr . Enoch T . Carson—to whom I recommend tbe proverb , " quick believers need broad shoulders "—that the
law of copyright ousted any claims of the author , while the fact that the said law had no operation in the United States , extinguished at the same time any right of the ( English ) publisher . But as this argument might have failed to convince , if presented in its natural simplicity , the following expedient was resorted to . Yorston , said his
satellites , was not like other American publishers , but an honest man ; yet , though his heart yearned to share his profits with the English author , he could not do so , because the law of copyright ( by which he felt morally
bound , although actually non-existent ) forced him to treat with Jack , whose reprehensible conduct , however , was too mnch for even his guileless nature , and he was finally compelled , " for his own protection and reputation , " to bring out
a piratical edition . The simple facts , says Mr . Yorston ( in his published letter to myself ) , in the case are , viz .: — 1 . " I negotiated with Mr . Jack , and expected , in accordance with my correspondence with him , to publish the work in this country . 2 . I was prepared to purchase a duplicate set of stereotype plates of the text , and also electro plates of such portraits as were desirable
for use in this country . 3 . I was also prepared to purchase fche sheets of the letter-press portion of the work , and impressions of such portraits as were desirable for use in this country . 4 . If neither of the foregoing propositions waa acceptable , I told Mr . Jack to name his terms , and I would accept . "
I shall now deal with these several allegations , but in the reverse order in which they appear above : — The fourth ( or last ) , is simply untrue , or in other words a wilful and deliberate falsehood , being , I regret to say , the second of which under ( as it were ) his own hand ,
Mr . Yorston has already been convicted in the course of these observations . One , indeed , would be quite sufficient to stamp his testimony as valueless , for according to the old legal maxim : — " Mendax in uno , prcesumitur mendax in
alio ; ' or as it is elsewhere expressed , " Testimonium testis , quando in una parte fahum , prcesumitur esse et in ceteris partialis falsum " ( Menochius , de Preesumptionibus , lib . v .,
pra ? f . 22 ) ; but a series of ( let us say ) " misstatements , " furnished by Mr . Yorston himself , gives us , of course , a more thorough insight into the real character of the man . What he ( Yorston ) actually wrote to Jack—12 th June 1884—was as follows : —
" We refer you to our letter of 6 th February . We made you a liberal offer then for a set of the plates ; if it is not satisfactory , make us your offer . " But by this time , as
will appear in the sequel , Mr . Jack ' s patience was exhausted * and he declined most positively to have any further dealings with Mr . Yorston .
The second and third allegations are certainly true , in a sense , though the impression conveyed is misleading , because Mr . Yorston undoubtedly offered to purchase various articles , but he quite omits to state ( as apparently
beside the question ) that the price to be paid was of his own fixing , and thafc in neither case was it considered entertainable for an instant by Mr . Jack . The last of the so-called " Simple facts , " or No . 1 of
the Series , has nexfc to be considered , and in order to do so effectually , I hope that my readers will compare what Mr . Yorston says of his dealings with Mr . Jack in the
letter which appeared in the Keystone of 24 th September , with the description I shall presently give of the actual correspondence between these parties .
Negotiations took place in 1883 , and were broken off by Mr . Jack on 27 th June 1884 , whose letter of thafc date was in reply to one from Mr . Yorston of 12 fch of June , wherein
the latter person made the proposal already noticed , and which constitutes the only basis of fact , whereupon Mr . Yorston has erected his fable—in the fourth or last of his
allegations . These dates are material , because the letters prove , not indeed what Mr . Yorston wishes ns to believe , viz ., tbat he offered Mr . Jack ( so to speak ) a blank cheque in
June 1884 , but something of an entirely different character , which I think it will tax all his resources to explain . The letter of 12 th June 1884 amounts , in short , to an admission by Yorston that Jack having been asked by him at that
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software.
Under The Black Flag.
have better understood the position taken up by Bro . Carson , though even in such case I should have questioned tbe propriety of his action . Bnt there being no law of the kind , I wholly fail to discern an atom of justification for the manner in which my natural ( nofc legal ) rights have been ignored .
Yorston and Co ., I apprehend , are working the book , more as commercial men than philanthropists , and I have drudged for them , nnwittingly , for many years of my life . For this there is no redress , bnt I confeaa to a very bitter feeling of mortification at the conntenance and support these people have received from leading Masons in
America . It is no part of my business to inquire into the dispute between the late Mr . Jack and Messrs . Yorston , but may shortly state , with regard to the merits of the case , that I have formed an opinion the reverse of thafc expressed by Bro . Carson . "
At this time , it should be mentioned , I had nofc seen the correspondence between Jack and Yorston . A final letter was sent by me—24 th August—to Mr . Drummond , of which the following is a copy : —
" Since I last wrote to you , ifc has seemed to me desirable to repudiate , in the Masonic journals , any connection whatever with Yorston and Co ., and I propose to follow this up with a still further disclaimer , and a circular to the Grand Masters of American Grand Lodges .
In yonr letter of 25 th July yon inform me , " I do not see how I can release myself from fche obligations which I have entered into in good faith , and which I supposed [ italics mine ] were entered into in good faith by Yorston and Co ., " and you likewise state thafc your name had been of great benefit to these persons in securing subscriptions .
By this I learn that in spite of my communication , dated 9 th July , calling your attention to a lying announcement by Yorston and Co ., you see no valid reason for withdrawing a support which is admittedly of snch value to them . I notice this point because while I mean to strictly respect the
confidential character with which your letter is impressed , ifc is only fair fco myself that I should so far use it , as to place on record the fact thafc before writing to the Masonic journals , I addressed yon on the subject of the piracy , and heard from yon in reply thafc you proposed continuing your active support to Messrs . Yorston .
In conclusion , I think ifc right to say that even now I have some diffionlty in realising thafc an American Past Grand Master can regard the spoliation of which I am the victim , with such a favourable eye aa to actually league himself with the unscrupulous and unfcrnthfnl firm by whom I have been despoiled . "
From the foregoing , every reader can judge for himself what measure of truth there is in the statement of Mr . Drummond that ( to use his own words ) : —
" When Gonld published his articles , Tie kneio thafc we were acting in good faith in the belief thafc Jack had placed Yorston in such a position as fnlly justified Yorston ingoing on with the work , " & o . I not only knew nothing of the kind , bufc I had plainly
intimated to Mr . Drummond , in my letter of 24 th August , that however hoodwinked or misled he may have been in the first instance , my own statements ought at least to have
ensured his declining to be any further connected with the piracy , though I freely confess that at that time I had no suspicion to what lengths his inordinate vanity in believing himself to be above or beyond the ordinary law of Masons would carry him . Let me now pass in review some of the leading facts of
the piracy . Mr . Yorston , in the capacity of publisher , has brought out an American edition of an English work , and in a manner not unusual in the United States—viz ., by simply reprinting it without the payment of a dollar to
any person or persons on this side of the Atlantic . Up to this point criticism would be superfluous . Anthony Trollope has well remarked , apropos of copyright with America , " American dishonesty is rampant , but it is rampant only
among a few ; " and he also says—what will dovetail with the subject in hand— " It is the man who wants to make money , not he who fears that he may be called upon to spend it , who controls such matters in the United States . "
Mr . Yorston has decidedly innovated—it is possible bis partizans may say improved—upon the ordinary custom of the trade , for he describes the work ( of which he is the publisher ) as having been written by myself , " with the
assistance ' of certain American Freemasons , with regard to whose labours , however , and the nature of the aid rendered , I had been kept wholly in the dark . Thus , to use
plain terms , the piracy is crowned by an audacious falsehood , by means of which Mr . Yorston doubtless intends to commend the book to American purchasers .
But it seems that Mr . Yorston is also a Freemason , and here comes the rub . In the United States dishonesty may be styled—I hope without offence , for I only repeat what has been uttered times without number by Charles Dickens
and other leviathans of the Guild of Authors—the attribute of the publisher ; but there is an old-fashioned feeling—though some indeed may regard it as a time-honoured
Under The Black Flag.
prejudice—in favour of honesty among Freemasons . The actual piracy , of course , involved no subtle combinations , bnt it seems to have been feared that the cool and
deliberate robbery of one Mason by another might , at the first blush , have an ugly look , at least to that class from which subscriptions would be invited . Mr . Yorston , however , soon decided , and the doctrine was readily accepted by Mr . Enoch T . Carson—to whom I recommend tbe proverb , " quick believers need broad shoulders "—that the
law of copyright ousted any claims of the author , while the fact that the said law had no operation in the United States , extinguished at the same time any right of the ( English ) publisher . But as this argument might have failed to convince , if presented in its natural simplicity , the following expedient was resorted to . Yorston , said his
satellites , was not like other American publishers , but an honest man ; yet , though his heart yearned to share his profits with the English author , he could not do so , because the law of copyright ( by which he felt morally
bound , although actually non-existent ) forced him to treat with Jack , whose reprehensible conduct , however , was too mnch for even his guileless nature , and he was finally compelled , " for his own protection and reputation , " to bring out
a piratical edition . The simple facts , says Mr . Yorston ( in his published letter to myself ) , in the case are , viz .: — 1 . " I negotiated with Mr . Jack , and expected , in accordance with my correspondence with him , to publish the work in this country . 2 . I was prepared to purchase a duplicate set of stereotype plates of the text , and also electro plates of such portraits as were desirable
for use in this country . 3 . I was also prepared to purchase fche sheets of the letter-press portion of the work , and impressions of such portraits as were desirable for use in this country . 4 . If neither of the foregoing propositions waa acceptable , I told Mr . Jack to name his terms , and I would accept . "
I shall now deal with these several allegations , but in the reverse order in which they appear above : — The fourth ( or last ) , is simply untrue , or in other words a wilful and deliberate falsehood , being , I regret to say , the second of which under ( as it were ) his own hand ,
Mr . Yorston has already been convicted in the course of these observations . One , indeed , would be quite sufficient to stamp his testimony as valueless , for according to the old legal maxim : — " Mendax in uno , prcesumitur mendax in
alio ; ' or as it is elsewhere expressed , " Testimonium testis , quando in una parte fahum , prcesumitur esse et in ceteris partialis falsum " ( Menochius , de Preesumptionibus , lib . v .,
pra ? f . 22 ) ; but a series of ( let us say ) " misstatements , " furnished by Mr . Yorston himself , gives us , of course , a more thorough insight into the real character of the man . What he ( Yorston ) actually wrote to Jack—12 th June 1884—was as follows : —
" We refer you to our letter of 6 th February . We made you a liberal offer then for a set of the plates ; if it is not satisfactory , make us your offer . " But by this time , as
will appear in the sequel , Mr . Jack ' s patience was exhausted * and he declined most positively to have any further dealings with Mr . Yorston .
The second and third allegations are certainly true , in a sense , though the impression conveyed is misleading , because Mr . Yorston undoubtedly offered to purchase various articles , but he quite omits to state ( as apparently
beside the question ) that the price to be paid was of his own fixing , and thafc in neither case was it considered entertainable for an instant by Mr . Jack . The last of the so-called " Simple facts , " or No . 1 of
the Series , has nexfc to be considered , and in order to do so effectually , I hope that my readers will compare what Mr . Yorston says of his dealings with Mr . Jack in the
letter which appeared in the Keystone of 24 th September , with the description I shall presently give of the actual correspondence between these parties .
Negotiations took place in 1883 , and were broken off by Mr . Jack on 27 th June 1884 , whose letter of thafc date was in reply to one from Mr . Yorston of 12 fch of June , wherein
the latter person made the proposal already noticed , and which constitutes the only basis of fact , whereupon Mr . Yorston has erected his fable—in the fourth or last of his
allegations . These dates are material , because the letters prove , not indeed what Mr . Yorston wishes ns to believe , viz ., tbat he offered Mr . Jack ( so to speak ) a blank cheque in
June 1884 , but something of an entirely different character , which I think it will tax all his resources to explain . The letter of 12 th June 1884 amounts , in short , to an admission by Yorston that Jack having been asked by him at that