The literary people of New York are wrangling over a matter

which, like many causes of dispute, derives importance from the

ingenuity and warmth of the discussion which it provokes. Amongst

other points that await judgment, the squabble has raised a

question concerning an English novelist who would act prudently

in publishing without delay her part in the transactions that

have raised a Grub Street tempest on the other side of the

Atlantic. At this present time the proprietors of the New

York _Sunday Mercury_ are publishing in their paper a novel,

entitled ‘Nobody’s Daughter; or, the Ballad Singer of Wapping,’

which they announce in highly sensational advertisements as an

original work from the pen of Miss Braddon, of whom they observe,

with characteristic magniloquence and capitals:--“_Two Worlds_

have indorsed Miss E. Braddon as a novelist of transcendent

power,--the Old World and the New. The English reviews have

carped at her works--probably because they had not soul enough

to appreciate them; but the very magazines in which their

petti-fogging criticisms are published have since found it to

their interest to beg for stories from her pen, paying her such

price therefor as she thought fit to demand, and she queens

it to-day in the department of _Sensational Romance_ wherever

the English language is spoken.” Whilst they thus proclaim

Miss Braddon’s royal status, these same masters of sensational

advertisement speak tall words about their own merits, stating

very distinctly that they are citizens of whom the Union has

reason to be proud, and that their _Sunday Mercury_ is “the

newspaper that _occupies the throne_ of Sunday journalism.”

Next to personal possession of a throne, the sole and unlimited

possession of that which occupies a throne may be regarded as

the highest object of mere worldly ambition; and we congratulate

their Majesties one-degree removed of the New York _Sunday

Mercury_ on their tenure of royal rank,--although their throne

is nothing more splendid than the editorial chair of a Sunday

newspaper. Nor do we warmly censure the enthusiasm, though we may

question the judgment which they display in fighting for Miss

Braddon’s crown. Since they have “soul enough” to admire her

novels, by all means let them put to shame those English reviews

“which carped at her works, probably because they had not soul

enough to appreciate them.” But if upon inquiry it should be

ascertained either that they have been induced to regard as Miss

Braddon’s work a story of which she never wrote a line, or that

they have conspired to hoax the public for their own private

advantage, what will be thought of these several occupants of

thrones?

On one side it is asserted that in assigning ‘Nobody’s daughter’

to Miss Braddon, the proprietors of the _Sunday Mercury_ are only

endeavouring to draw attention to their paper by an impudent

fabrication; and those who take this view of the case argue

thus:--‘Nobody’s Daughter’ is merely a reprint, under a new

title, of ‘Diavola,’ a story that is now being published in the

_London Journal_, by the author of ‘The Black Band.’ So far, a

London reader can safely follow the New York disputant; for the

current number of the _London Journal_ (Feb 16, 1867,) contains

chaps. 37-39 of the story called ‘Diavola,’ by the author of ‘The

Black Band.’

It seems clear, therefore, either that Miss Braddon is the author

of ‘The Black Band,’ or that she is not the writer of ‘Nobody’s

Daughter.’ Which of these two? Against the first supposition the

New York Critics bring forward the following evidence. They say

that in the summer of last year, when ‘The Black Band,’ which

originally appeared in the _London Journal_, was republished in

New York by Messrs. Hilton & Co., under the new name of ‘What is

this Mystery?’ Miss Braddon indignantly denied the authorship of

the story, and protested against the conduct of the publishers

who advertised the book as a production of her pen. How then,

it is urged, can Miss Braddon, who has explicitly disclaimed

the authorship of ‘The Black Band,’ be the writer of ‘Nobody’s

Daughter,’ _alias_ ‘Diavola,’ which is announced in the _London

Journal_ as written by the author of ‘The Black Band?’

On the other side, the occupants of “the throne of Sunday

Journalism” reiterate their assertion that ‘Nobody’s Daughter’

is from Miss Braddon’s pen, and that they paid the lady a

“munificent price” for early sheets of the work, together with

permission to publish it under a new title. They denounce all

journals that venture to express incredulity of their statements,

as “concerns on their last legs, and destitute alike of brains

and principle.” Moreover, a gentleman acting for the proprietors

has exhibited, in New York, papers that are represented to be

Miss Braddon’s receipts for two sums of £75. each, instalments of

the sum of £250., which was the munificent price spoken of in the

advertisements of the work. This same person has also exhibited

letters which he says were written to the proprietors of the

_Sunday Mercury_ respecting the early sheets of ‘Diavola,’ by Mr.

Maxwell, of London. If we felt ourselves justified in accepting

the statements thus put forth by the proprietors of the _Sunday

Mercury_ as unquestionably true, we should regard them as

settling the question respecting the authorship of ‘The Black

Band’ and ‘Diavola.’ But the gentlemen who act for the throne of

Sunday journalism use language with such singular freedom that

we hesitate to put unqualified reliance on their assurances.

A certain measure of distrust is surely due to men who have

the astounding impudence to say that the English reviews which

criticized Miss Braddon with severity have been glad to make

friendly overtures to her, and buy her tales at her own price!

With respect to Miss Braddon our counsel is that she should lose

no time in giving her explanation of facts that may be unfairly

used to her disadvantage.

Tremadoc, Feb. 26, 1867.

As Miss Braddon does not seem inclined to “give her explanations”

as to whether she is or not the author of ‘The Black Band’

(‘Diavola,’ I believe, is not denied), but is content that Lady

Caroline Lascelles (whoever she may be) should have the credit of

it, I think, on looking at the facts, there will be no difficulty

in setting this vexed question at rest. It appears that ‘The

Black Band’ originally appeared in the _Halfpenny Journal_, the

proprietor of that journal being Mr. Maxwell. ‘Diavola’ is now

being published in the _London Journal_, as by the author of

‘The Black Band,’ early sheets of which Mr. Maxwell negotiated

for sale in America. Finally, Mr. Maxwell is the proprietor of

_Belgravia_, edited by Miss Braddon.... Surely in the interests

of literature it behoves Mr. Maxwell that he should lose no time

in giving his explanation of this scandal, which may be used to

Miss Braddon’s disadvantage.

HUGH MORGAN.

Concerning “The Black Band Scandal,” Mr. John Maxwell--in a

letter published in last week’s _Athenæum_ [March 11]--makes some

strange admissions, though he seems to be under the impression

that he reveals nothing of importance. The proprietor of the

_Halfpenny Journal_, and the confidential agent who negotiated

between Miss Braddon and the New York Sunday Mercury, Mr.

Maxwell writes, “If the ‘interests of literature’ were in any

way involved in my revealing _who suggested, who planned, and

who wrote the romance of ‘The Black Band’_ and other serials

under the same _nom de plume_ which appeared in the _Halfpenny

Journal_, I should be happy to name _the authors, as soon as I

had obtained their permission, and could apportion the shares of

merit to which their respective ingenuity and industry entitle

them_; but as the ‘interests of literature’ do not appear to me

to be, in the slightest degree, affected, I shall not take any

trouble to destroy the anonymous reserve under which these tales

were written.” Here is an instructive peep into a factory of

novels for the halfpenny press, the showman of the sight being

himself the master of the mill. The operatives of the workshop

are duly classified as suggesters, planners, writers; and it

appears that, though the novels thus turned out are the patchwork

of many “hands,” the watchful director of the factory could, if

it pleased him to do so, “apportion the shares of merit to which

their respective ingenuity and industry entitle them.” With

discreet reticence, that stands in strong contrast against the

indiscretion of his frankness, Mr. Maxwell says nothing about

his plans for distributing the goods made in his factory. He

does not tell us how it came to pass that one of the novels thus

manufactured was called ‘The Black Band’ in England, and ‘What is

this Mystery?’ in America; how it came to be falsely attributed

to Lady Caroline Lascelles in this country, and (Miss Braddon’s

denial of its authorship being our evidence) no less falsely

attributed to Miss Braddon on the other side of the Atlantic;

how ‘Diavola’ came to be attributed to “the author of ‘The Black

Band’” in the _London Journal_, whereas early sheets of the tale

appear to have been sold through Mr. Maxwell’s agency in New

York as early sheets of a new tale by Miss Braddon; and how it

comes that the proprietors of the New York _Sunday Mercury_ can

exhibit papers that purport to be Miss Braddon’s receipts for

money paid to her for early sheets of this novel _by_ the author

of ‘The Black Band,’ though she has indignantly repudiated the

authorship of ‘What is this Mystery?’ _alias_ ‘The Black Band.’

All these and other like matters are mysteries, and we are

content that they should remain so. We concur with Mr. Maxwell in

thinking that the interests of literature do not require him to

publish the names of all the suggesters, planners, writers, and

other journeymen who ply their craft in his factory. He has told

everything that persons immediately concerned in the interests of

literature can need or care to know about the matter.

March 14, 1867.

I have this day received a copy of a New York paper, the

_Sunday Mercury_, dated February 27, in which are three or four

chapters of a serial tale, entitled ‘Nobody’s Daughter; or the

Ballad-Singer of Wapping,’ by Miss M. E. Braddon, together with

an abstract of published chapters; and as these are identical

with the tale now publishing in the _London Journal_, under the

title of ‘Diavola,’ by the author of ‘The Black Band,’ I think

with Mr. Morgan, there can be no difficulty in identifying under

the _nom de plume_ of Lady Caroline Lascelles the Miss Braddon of

_Belgravia_.

M. B.

4, Shoe Lane, Fleet Street, March 18, 1867.

It is sometimes easy and sometimes difficult to raise a tempest

in a tea-pot; and, it appears to me, that under the title of

“Manufacture of Novels,” you are trying to solve the difficulty.

In last Saturday’s _Athenæum_ you ask “how it comes that the

proprietors of the New York _Sunday Mercury_ can exhibit papers

that purport to be Miss Braddon’s receipts for money paid to her

for early sheets of this novel (‘Diavolo’)” by the author of ‘The

Black Band’? Allow me to say that the proprietors of the New York

_Sunday Mercury_ do not exhibit any paper whatever purporting to

be Miss Braddon’s receipt, although they can exhibit mine, and

that most honourably too, for they have honestly paid to me the

amounts for which I have given them receipts; and, I regret to

add, they have not always been left in peaceful possession of

their advance-sheets by rival American publishers, who live on

the policy of stealing as much literature as they can, reckless

of all considerations beyond their own expectations of gain. As

illustrating this latter class of sharp practitioners, it is

necessary to recall Messrs. Hilton and Co., of New York. These

people announce ‘What is this Mystery?’ as reprinted from Miss

Braddon’s advance-sheets, when it was reprinted from nothing of

the kind; and they advertise the work as being Miss Braddon’s

“latest and best,” when they well know it is neither the one nor

the other. Against this Miss Braddon protested. Had she no right

to do so? Was everything quite as it should be on the part of

Messrs. Hilton and Co.? And was Miss Braddon altogether wrong in

intimating that she knew nothing whatever about Messrs. Hilton

and Co.’s enterprise beyond their advertisement; she never had,

directly or indirectly, the smallest approach to a communication

from or with them? If you think Miss Braddon in the wrong, and

Messrs. Hilton and Co. in the right in this transaction, let it

be so; others may differ from you.

Another point--the “inconvenience to readers, and perplexity,

if not substantial loss, to ‘the trade,’” as the result of

republication. Of course, if no republication has happened, no

inconvenience to readers, and no perplexity and loss to “the

trade” can arise. Now this is precisely the case with the tales

assumed to be by the author of ‘The Black Band’--a series which

I hope will one day challenge criticism as romances of strong

and popular interest, quite as worthy of republication as any

of the tales reproduced from halfpenny and penny journals by

Messrs. Hurst and Blackett, and by other equally well-esteemed

novel-publishers. Although these tales are not reprinted, you use

against them the word “convicted,” and you apply that term to

them in common with “the system” of Mrs. Wood and Mr. Wills, both

of whom admit, and rather defend, the republication of reprints

with emendations. Is this fair on your part? You are wholly

unsustained in the use of the word, and its application is alike

unnecessary and uncalled for.

Next as to the _nom de plume_ of Lady Caroline Lascelles. This

title was suggested by my late literary colleague, who was also

at the time a writer in the _Athenæum_, poor Sir C. E. Lascelles

Wraxall, Bart. He claimed a family right in the names. For five

weeks the _nom de plume_ was adopted. At the end of that time

it was discarded, as it was found that “fine words butter no

parsnips;” and the tale of “The Black Band” was thenceforth

published anonymously, and its publication, and that of the

series of tales which succeeded, went on uninterruptedly for

years. In all this, what deduction is to be drawn? simply that

a series of tales have been written for the cheap periodical

press so very attractive as to occasion their reprint in America,

and so very profitable as to induce both literary pirates

and purchasers of advance-sheets to make the most of their

adventures. Surely in this there is little to excite acrimonious

controversy.

JOHN MAXWELL.

[It is difficult to understand why the following letter should

be written in such a vulgar tone. We regret the necessity of

inserting it here.]

ENGLISH AUTHORS IN AMERICA.

128, Nassau Street, New York, April 25, 1867.

Our attention having been called to a communication in your

issue of March 23, wherein one “John Maxwell” has been pleased

to stigmatize us as “sharp practitioners,” as well as to bestow

upon us other not very complimentary epithets, in relation to

the manner in which the immaculate trader in Miss Braddon’s

productions conceives we have maltreated that lady’s reputation,

we deem it incumbent upon us to ask your indulgence in placing

the true facts of the case before your readers, inasmuch as your

correspondent has managed adroitly to dodge the real offence

attempted to be fastened upon us in our business capacity.

We do not pretend to justify our custom of the American trade

in appropriating Transatlantic literature without rendering

some recompence to the original authors. Still, in the absence

of an international copyright, publishers are not inclined

to court extra risks, as they cannot be protected against

ruinous competition in any enterprise undertaken on a basis of

remuneration. It may suit the purpose of a newspaper with a

stable circulation to secure the advance sheets of a story from

the pen of a popular English writer, but in the matter of a cheap

publication of a completed romance, there can be no guarantee

against its reproduction by a competing house, possibly from

a copy secured at a rational cost within a few days after its

emission.

In our series of cheap publications, we saw fit to reprint,

under the title of ‘What is this Mystery?’ a romance originally

published in London as ‘The Black Band.’ A similar designation

had been bestowed upon a local romance, written in this city

some years back, and of which we hold the copyright. To prevent

confusion, we took the liberty of changing the title of Miss

Braddon’s work, but affixed her own proper name to maintain

identity as to authorship. Almost instantly, we were assailed

by the city journals, and charged with having imposed upon the

reading public, through palming off, as a work of Miss Braddon’s,

the production of some obscure novelist. The lady herself,

or some person representing her interests, thought proper to

encourage presumption of fraud until this period, when the Sunday

Mercury advertising under precisely similar circumstances,

‘Diavola,’ avowedly from the same source as ‘The Black Band,’

Miss Braddon hastens to the rescue of its editors, and

reluctantly acknowledges authorship of both romances, the latter

one of which Mr. Maxwell contends to have been “honourably”

obtained through purchase of so-called “advance sheets;” whereas

our offence appears to have consisted in the fact of reprinting,

without her express sanction, from a London publication, a work

for which the London publisher had, as we presume, paid its

market value. Assuredly, if any party be entitled to recompense

for “advance sheets,” it should be the individual purchasing

Miss Braddon’s literary wares, and seeking repayment through

their publication. Besides, we are frank enough to consider it

as a poor compliment to the manager of a periodical, investing

in goods of that nature, to suggest that the “latest” published

productions of any author are not the “best,” especially when a

multiplicity of similar commodities are in the field. We regret

that Miss Braddon or her friend should be compelled to protest

against our critical judgment as to the work reprinted by us

being her “latest and best;” but must extenuate our interested

opinion on the ground that a declaration to the contrary might

prove detrimental to the reputation of the fair authoress, and

decidedly inimical to her future chances of disposing of “advance

sheets.”

HILTON & CO.

4, Shoe Lane, Fleet Street, May 11, 1867.

To judge from the tone of their letter in this day’s _Athenæum_,

Messrs. Hilton & Co. appear to think that, by adding insult to

injury, they can extenuate their conduct and cast aside the

opprobrium which their dishonesty should entail. They do not

attempt to deny the charges made against them, which may be

briefly stated as follows:--

1. That they appropriated a tale, changed its name, and announced

it as reprinted from the author’s “advance sheets,” when they

well knew the reprint was from nothing of the kind, and that,

in fact, they never had, either directly or indirectly, the

slightest communication from or with the author or the publisher

of the tale they so “smartly” laid their hands upon.

2. That they described this tale as Miss Braddon’s “latest and

best,” when they well knew it was neither latest nor best; and

that, beyond their own audacity, they had no justification for

ascribing the authorship to Miss Braddon.

For their own purposes Messrs. Hilton & Co. did all this; and

as they advertised the tale to have achieved a sale of 18,000

copies within a week of publication, Messrs. Hilton & Co. might

have been content with the gains of the operation. No one here

expected anything from them. Instead, however, of being satisfied

with the fruits of their rapacity, Messrs. Hilton & Co. have

thought fit to turn round upon Miss Braddon, whose name they most

unfairly used for their own dishonest purpose, and now they try

their best to insult her by declaring “assuredly, if any party

be entitled to recompense for ‘advance sheets,’ it should be the

individual purchasing Miss Braddon’s literary wares, and seeking

repayment through their publication.” The sheer insolence of this

declaration transcends the old story of the attorney who had

no defence to an action, and therefore instructed counsel--“No

case; abuse plaintiff’s witnesses.” In England the value of Miss

Braddon’s literary wares is well understood; and in America

the importance of her “advance sheets” commands an adequate

recompense, a circumstance with which the “business capacity” of

Messrs. Hilton & Co. cannot make them acquainted. I refrain from

noticing the other statements in Messrs. Hilton & Co.’s letter,

because they are, so far as the matter in issue is concerned,

simply untrue.

JOHN MAXWELL.

‘Rupert Godwin, by Miss M. E. Braddon,’ it appears was originally

published in the _Halfpenny Journal_, under the title of ‘The

Banker’s Secret,’ by the author of ‘The Black Band.’

C. R. Jackson, Athenæum, 2073, p. 82.

The manufacture of Novels now occupies so many writers, and is a

system that so deeply concerns the public, that we have devoted a

large space to the above exposure: larger, in fact, than we wished;

but fairness demanded that the whole or none of the controversy

should be inserted.

LATHY (T. P.) Esq., _plagiarist_.

The Angler, a poem, in ten Cantos. With proper instructions in the

Art, Rules to Choose Fishing Rods, Lines, Hooks, etc. 1819.

This poem is only a rifacimento of the Anglers’ Eight Dialogues

in verse, without acknowledgment; some copies are dated 1819,

with the following title, ‘The Angler, a Poem, in ten Cantos, by

Piscator.’

J.R.S.

See Westwood Bib. Piscatoria, 1861.

LAUDER (William) _literary forger_.

“Mr. Isaac D’Israeli, in his ‘Curiosities of Literature,’ has

remarked that some of the most sinister literary forgeries

in modern times have been perpetrated by Scotchmen, and he

instances Lauder and Bower--two of the _blackest_ sheep of the

world of letters. The disgraceful fraud of which the former

stands convicted, so unparalleled for its meanness, baseness,

and dishonesty, has justly condemned him to eternal infamy, and

rendered his name a by-word of contempt. To the credit of English

literature, it did not indeed long remain undiscovered, and it

may at least be said to have had one beneficial result--that

of placing the unwary on their guard against an unscrupulous

disputant, and of demonstrating the importance and necessity

of occasionally verifying a quotation and testing a doubtful

assertion.

“In 1747 he commenced his attack on the reputation of Milton in

various communications to the ‘Gentleman’s Magazine,’ in which

the great poet was denounced as an unprincipled plagiarist.

“These papers having led to some controversy, and excited some

attention, Lauder was induced to collect them, and in 1750 he

republished them in a volume, entitled ‘An Essay on Milton’s Use

and Abuse of the Moderns in his Paradise Lost;’ with the motto

taken from Milton, “Things unattempted yet in prose or rhyme.”

The work is preceded by a characteristic advertisement from

Lauder, which states that “Gentlemen who are desirous of securing

their children from ill example, or are themselves disposed to

gain or retrieve the knowledge of the Latin tongue, may be waited

on at their own houses by the author of the following Essay,” an

announcement certainly calculated to convey the idea that the

“canny Scot” regarded his erudite performance as an excellent

mercantile speculation, and favorable medium of publicity. To

render the work more remarkable, the preface and postscript were

contributed by Dr. Samuel Johnson. Johnson contributed prefaces

and postscripts to works he had never read with the greatest

ease, as his collected works show.

“The authors from whom Lauder accused Milton of borrowing without

acknowledgment, were some of them all but unknown in what was

then called the learned world. Among them was Masenius, a Jesuit

of Cologne, Taubmann, a German, and Staphorstius, a learned

Dutchman. From these and other authors passages were quoted in

some of which there was a general resemblance, and in others a

close similarity to the most admired portions of ‘Paradise Lost.’

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