CHAPTER III.

Thesecond and third parts of "A Grammatical Institute" did not make Webster's fame or fortune. The first part had in it from the first the promise of success. It may fairly be called the first book published in the United States of America, and its publication, under all the conditions of business then, was a bold venture. Each State was still a law to itself, and no general act of Congress had yet been passed conferring copyright. Webster's first business before he had actually completed his spelling-book was to secure copyright laws in the several States, and he began a series of journeys to Philadelphia and the state capitals for this purpose. The history of his travels is the history of the origin of copyright laws in this country; and inasmuch as Webster has himself related in detail the steps which he took not only at this time, but later, I introduce here his statement, including in it a correspondence with Daniel Webster which has special interest at this time, when the same considerations have been urged in the renewed discussion of the subject.

"In the autumn of 1782 I rode to Philadelphia for the purpose of showing my manuscripts to gentlemen of influence, and obtaining a law for securing to authors the copyright of their publications. As the legislatures of New Jersey and Philadelphia were not then in session, the latter object could not then be accomplished. On my way I called on Governor Livingston, then in Trenton, and inquired whether it was probable that a copyright law could be obtained in New Jersey. The Governor replied that if I would wait till noon he would consult his council, then in session, and give me an answer. At the time appointed I called again, when the Governor told me the council gave him very little encouragement. In Princeton I waited on the Rev. Samuel Stanhope Smith, then professor of theology in Nassau Hall, and afterward president of that institution, who examined my manuscripts, recommended the works, and expressed his opinion in favor of copyright laws....

"In October following I went to Hartford, with a view to petition the Legislature of Connecticut, then in session in that place, for a law to secure to me the copyright of my proposed book. The petition was presented, but too late in the session to obtain a hearing. I then returned to Goshen, and devoted the winter to a revision of my manuscripts, and the introduction of some improvements which had been suggested by gentlemen in Princeton and Philadelphia. In January, 1783, I prepared another memorial to be presented to the Legislature of Connecticut, for the purpose of procuring a copyright law, which memorial was committed to the care of John Canfield, Esq. But the necessity of it was superseded by the enactment of a general law upon the subject. This law was obtained by the petition of several literary gentlemen in that State.

"In the same winter I went to Kingston, in Ulster County, New York, where the legislature was in session, with a view to present a petition for the like purpose. Thenecessity of such petition was prevented by the prompt attention of General Schuyler to my request, through whose influence a bill was introduced into the Senate, which at the next session became a law. In the same winter the Legislature of Massachusetts enacted a copyright law, procured, probably, by the agency of the Rev. Timothy Dwight, then a member of the House of Representatives.

"As Congress, under the Confederation, had no power to protect literary property, several gentlemen, among whom was Joel Barlow, presented a memorial to that body, petitioning them to recommend to the several States the enactment of such a law. In May, 1783, on the report of Mr. Williamson, Mr. Izard, and Mr. Madison, Congress passed a resolution, recommending to the several States to secure to authors or publishers of new books, not before printed, the copyright of such books for a term not less than fourteen years. In December, 1783, Governor Livingston informed me by letter that the Legislature of New Jersey had passed a law agreeable to the recommendation of Congress.

"In May, 1785, I undertook a journey to the Middle and Southern States, one object of which was to procure copyright laws to be enacted. I proceeded to Charleston, but the legislature not being in session, I returned to Baltimore, where I spent the summer. In November I visited General Washington at his mansion; he gave me letters to Governor Harrison in Richmond, and to the speakers of both houses of the legislature. The law desired was passed for securing copyrights. In December I visited Annapolis, where the legislature was in session; and in February I visited Dover, in Delaware, for the same purpose. On petition, the Legislature of Delaware appointed a committee to prepare a bill for a copyright law, just at the close of the session, but the enactment was deferred to the next session. In the year 1790 Congress enacted their first copyright law, which superseded all the state laws on the subject.

"When I was in England in 1825 I learned that the British Parliament had, a few years before, enacted a new law on copyrights, by which the rights of authors were much extended. This led me to attempt to procure a new law in the United States, giving a like extension to the rights of authors. My first attempt appears in the following letter [to the Hon. Daniel Webster, dated September 30, 1826]:—

"'Since the celebrated decision, respecting copyright, by the highest British tribunal, it seems to have been generally admitted that an author has not a permanent and exclusive right to the publication of his original works at common law; and that he must depend wholly on statutes for his enjoyment of that right. As I firmly believe this decision to be contrary to all our best established principles ofrightandproperty, and as I have reason to think such a decision would not now be sanctioned by the authorities of this country, I sincerely desire that while you are a member of the House of Representatives in Congress your talents may be exerted in placing this species of property on the same footing as all property, as to exclusive right and permanence of possession.

"'Among all modes of acquiring property, or exclusive ownership, the act or operation ofcreatingormakingseems to havethe first claim. If anything can justly give a man an exclusive right to the occupancy and enjoyment of a thing it must be the fact that hemadeit. The right of a farmer and mechanic to the exclusive enjoyment and right of disposal of what theymakeorproduceis never questioned. What, then, can make a difference between the produce ofmuscular strengthand the produce of theintellect? If it should be said that as the purchaser of a bushel of wheat has obtained not only the exclusive right to the use of it for food, but the right to sow it and increase and profit by it, let it be replied, this is true; but if he sows the wheat he must sow it on his own ground or soil. The case is different with respect to the copy of a book, which a purchaser has obtained, for the copyright is theauthor's soil, which the purchaser cannot legally occupy.

"'Upon what principles, let me ask, can any fellow-citizens declare that the production of the farmer and the artisan shall be protected by common law, or the principles of natural and social rights, without a special statute, and without paying a premium for the enjoyment of their property, whilethey declare that I have only a temporary right to the fruits of my labor, and even this cannot be enjoyed without giving a premium? Are such principles as these consistent with the established doctrines of property, and of moral right and wrong among an enlightened people? Are such principles consistent with the high and honorable notions of justice and equal privileges which our citizens claim to entertain and to cherish, as characteristic of modern improvements in civil society? How can therecent originof a particular species of property vary the principles of ownership? I say nothing of the inexpedience of such a policy, as it regards the discouragement of literary exertions. Indeed, I can probably say nothing on this subject that you have not said or thought; at least I presume you have often contemplated this subject in all its bearings.

"'The British Parliament, about ten or twelve years ago, passed a new act on this subject, giving to authors and proprietors of new works an absolute right to the exclusive use of the copyright for twenty-eight years, with some other provisions which Ido not recollect; but the act makes or continues the condition that the author or proprietor shall depositeleven copiesof the work in Stationers' Hall, for the benefit of certain public libraries. This premium will often amount tofifty pounds sterling, or more. An effort was made by publishers to obtain a repeal of this provision; but it was opposed by the institutions which were to receive the benefit, and the attempt failed.

"'I have a great interest in this question, and I think the interest of science and literature in this question are by no means inconsiderable. I sincerely wish our legislature would come at once to the line of right and justice on this subject, and pass a new act, the preamble to which shall admit the principle that an author has, by common law, or natural justice, the sole andpermanentright to make profit by his own labor, and that his heirs and assigns shall enjoy the right unclogged with conditions. The act thus admitting the right would prescribe only themodeby which it shall be ascertained, secured, and enjoyed, and violations of the right punished; and perhaps makesome provisions for the case of attempts to elude the statute by slight alterations of books by mutilations and transpositions.'

"To this letter Mr. Webster returned the following answer:—

"'Boston,October 14, 1826.

"'Dear Sir,—I have received yours of the 30th of September, and shall, with your permission, lay it before the committee of the judiciary next session, as that committee has in contemplation some important changes in the law respecting copyright. Your opinion, in the abstract, is certainly right and uncontrovertible. Authorship is, in its nature, ground of property. Most people, I think, are as well satisfied (or better) with the reasoning of Mr. Justice Yates as with that of Lord Mansfield in the great case of Miller and Taylor. But after all, property, in the social state, must be the creature of law; and it is a question of expediency, high and general, not particular expediency, how and how far the rights of authorship should be protected. I confess frankly that I see, or think I see, objections to make it perpetual. At thesame time I am willing to extend it further than at present, and am fully persuaded that it ought to be relieved from all charges, such as depositing copies, etc.

"'Yours,D. Webster.'

"In the autumn of 1827 I applied to the Hon. Mr. Ingersoll, a representative from Connecticut, stating to him the facts of an extension of copyright in Great Britain, as also in France, and requesting him to use his influence to have a bill for a new law brought forward in Congress. Mr. Ingersoll very cheerfully complied. On the 17th December, on the motion of Mr. Ingersoll, the House of Representatives 'Resolved, that the committee on the judiciary inquire into the expediency of extending the time for which copyrights may be hereafter secured to authors, beyond the period now allowed by law; and also of affording further protection to authors against the publication of abridgments or summaries of works, after the copyrights thereof have been secured.' As the committee delayed several weeks to make a report, Mr. Ingersoll conversed fully on the subject with one of themembers, and addressed a note to the committee, in which he stated the provision of the British Statute 34th Geo. III., enlarging the rights of authors, and the liberal provisions of the French laws on the subject. He stated some of the defects of the old law of the United States, and urged the expediency and justice of a more liberal law.

"A petition signed by many respectable literary men was, about this time, presented to Congress, praying for the same object. Some members of the committee were opposed to the measure; but at length, on the first of February, 1828, the committee reported a bill consisting of three sections only, extending the term of copyrights from fourteen to twenty-eight years, and securing the benefit of the act to authors who had previously obtained a copyright under the old law. On the 21st of February, Mr. Verplanck submitted to the House of Representatives an amendment to the bill reported by the committee, entitled an 'Amendment to a Bill to amend and consolidate the Acts respecting Copyrights.' This amendment was printed by order of the House. It was intended to embraceall the material provisions of the two former laws, and those of the bill reported by the judiciary committee; it contained also some additional improvements. Nothing further was done, and the bill and amendment died at the close of the session.

"At the next session (1829-1830) the Hon. Mr. Ellsworth, a member from Connecticut, was appointed one of the judiciary committee, of which the Hon. Mr. Buchanan was chairman. Before Mr. Ellsworth left home, I applied to him to make efforts to procure the enactment of a new copyright law, and sent a petition to Congress, praying for the renewal of the copyright of one of my books. This petition, being referred to the judiciary committee, brought the subject distinctly into consideration. After consultation, the committee authorized Mr. Ellsworth to prepare a bill for a general law on the subject. In order to present the subject in its true light to the committee and to Congress, Mr. Ellsworth wrote notes to the ministers of the principal European nations, requesting information from each of them respecting the state of copyrights in the nations they represented. From theiranswers, and an inspection of the laws of some of the governments, Mr. Ellsworth framed a report, stating the terms of time for which copyrights are secured to authors in Great Britain, France, Russia, Sweden, Denmark, and certain states in Germany. He also framed a bill for a law intended to embrace all the material provisions of the old laws with those of the bill reported by the former judiciary committee.

"In this bill Mr. Ellsworth introduced some valuable provisions which had been omitted in the old laws, and in the bill and amendment offered at the former session. He also obtained from his friends some suggestions which enabled him to correct some errors and supply defects. This bill was approved by the judiciary committee, reported by Mr. Ellsworth, and printed by order of the House. But such was the pressure of business, and so little interest was felt in the bill, that no efforts of Mr. Ellsworth could bring it before the House at that session.

"Finding the efforts of the friends of the bill in Congress to be unavailing to obtain a hearing, I determined in the winter of1830-1831 to visit Washington myself, and endeavor to accomplish the object. Accordingly I took lodgings at the seat of government, where I passed nine or ten weeks; and during this time read a lecture in the Hall of the Representatives, which was well attended, and, as my friends informed me, had no little effect in promoting the object of obtaining a law for securing copyrights.

"The difficulties which had prevented the bill from being brought forward now disappeared. The bill, at the second reading in the House of Representatives, met with some opposition; but it was ably supported by Mr. Ellsworth, Mr. Verplanck, and Mr. Huntington. It passed to a third reading by a large majority, and was ordered to be engrossed without opposition. When the bill came before the Senate, it was referred to the judiciary committee. Mr. Rowan, the chairman, being absent, the committee requested the Hon. Daniel Webster to take the bill, examine it, and report it if he thought proper; he did so, and under all circumstances deemed it expedient to report it without amendment. On the second reading Mr. Webster made a few explanatory remarks: no other person uttered a word on the subject; and it passed to a third reading by a unanimous vote. On the third reading, the Senate, on motion, dispensed with the reading, and it passed to be engrossed, without debate.

"In my journeys to effect this object, and in my long attendance in Washington, I expended nearly a year of time. Of my expenses in money I have no account, but it is a satisfaction to me that a liberal statute for securing to authors the fruit of their labor has been obtained."

In this summary the whole history of the copyright statutes appears, and it is interesting to note that the earliest action by the States and Congress received its impulse from Webster's spelling-book; the later and final form of the law was adopted in connection with Mr. Webster's indefatigable efforts, and the first book to take advantage of it was his "American Dictionary." His keen sense of the business relations of his literary work is seen in this early and late energy in securing satisfactory copyrightlaws. It is noticeable, too, that in his correspondence with Daniel Webster he took the position which has of late been held as the only solution of all copyright questions. Noah Webster may not have been a great man in his generation, but he had a singular faculty of being the first in time in many departments of literary industry, and constantly to have anticipated other people.

Wherever he went he showed the rough draft of his book; he assailed members of Congress and men of eminence generally. He had faith in it, and he lived at a time when the individual testimony of men was of greater weight than now. There were no organs of literary or educational opinion, no academies or bodies of men especially esteemed as juries in the case of any book on trial, and indorsements were looked for as essential to the success of any new venture. There was no great public to show its interest by buying, and there were no publishers of capital and organization to relieve the author of publishing labor. In the recently published correspondence of Jeremy Belknap and Ebenezer Hazard,[5]one may read the difficulties encounteredby a scholarly man in getting his historical work published. The correspondence for two years between these gentlemen, with reference to the publication of Belknap's "History of New Hampshire," a volume of five hundred pages, shows that every detail of paper, print, and binding, and almost all arrangements for securing subscriptions, fell upon the author and his friend, acting for and with him. Subscribers were sought with painful endeavor, one at a time, and all the points at issue were discussed in letters which seemed sometimes to travel by chance.

Webster, without money, and almost without friends, but with the kind of faith which works miracles with other people's faith, succeeded at length in persuading Hudson & Goodwin, printers in Hartford, to issue an edition of five thousand copies of the spelling-book. John Trumbull and Joel Barlow were his chief supporters, the latter backing him with a little money. The printer was the publisher then; and an author, in making his arrangements, was accustomed to sell the right to print and publish to various printers in various parts ofthe country,—a custom which continued through the first quarter of the century. The isolation of the several settled communities rendered collision between the several dealers unlikely; and, in the absence of quick communication, no place had any advantage except as a dépôt for the neighboring district. Rights to print were granted for fourteen years. Such a contract was made in 1818 by Webster with Mr. Hudson, who was to pay $3,000 a year during the term. The reader will recall similar arrangements in Irving's ventures. The popularity of the speller rendered it liable to piracy, especially in the ruder parts of the country, and as late as 1835 Mr. Webster writes to his son, established as a bookseller in Louisville: "I would suggest whether it would not be advisable to publish in Kentucky, or at least in Tennessee, a short note like this: 'The Public are cautioned against buying "Webster's American Spelling-Book;" the editions now in the market are pirated, badly printed, and incorrect. The author expressly disclaims them.'"

The final success of the little book hasbeen quite beyond definite computation, but a few figures will show something of the course it has run. In 1814, 1815, the sales averaged 286,000 copies a year; in 1828 the sales were estimated to be 350,000 copies. In 1847 the statement was made that about twenty-four million copies of the book had been published up to that time, and that the sale was then averaging a million of copies a year. It was also then said, that during the twenty years in which he was employed in compiling his "American Dictionary," the entire support of his family was derived from the profits of this work, at a premium for copyright of five mills a copy. The sales for eight years following the Civil War, namely, 1866-1873, aggregated 8,196,028; and the fact that the average yearly sale was scarcely greater than in 1847 may be referred in part to the great enterprise in the publication of school-books, which has marked the last twenty years, by which his speller has been one only of a great many, in part, also, to the impoverishment of the South where Webster's book had been more generally accepted than at the North.

The great demand that there was for elementary school-books, the real advance of Webster's over any then existing, the promptness with which he met the first call, all these causes combined to give a great impetus to the little book. At first sight there seems something amusing in the importance which not only Webster but other men of the time attached to the spelling-book. Timothy Pickering, in camp at Newburgh, waiting for the final word of disbanding, sat up into the night to read it! "By the eastern post yesterday," he writes to his wife, "I was lucky enough to receive the new spelling-book [Webster's] I mentioned in my last, and instead of sleeping (for I had a waking fit which prevented me), I read it through last night, except that I only examined a part of the different tables. I am much pleased with it. The author is ingenious, and writes from his own experience as a school-master, as well as the best authorities; and the time will come when no authority, as an English grammarian, will be superior to his own. It is the very thing I have so long wished for, being much dissatisfied with anyspelling-book I had seen before. I now send you the book, and request you to let John take it to his master, with the enclosed letter; for I am determined to have him instructed upon this new, ingenious, and, at the same time, easy plan. There are, you will see by the Introduction, two more parts to come to complete the plan. I am a stranger to Mr. Webster, but I intend, when I can find leisure, to write him on the subject, using the liberty (which he requests) to suggest some little matters which may be altered and improved in his next edition, for I think the work will do honor to his country, and I wish it may be perfect. Many men of literature might think it too trifling a subject; but I am of a different opinion, and am happy that a gentleman of Mr. Webster's genius and learning has taken it up. All men are pleased with an elegant pronunciation, and this new Spelling-Book shows children how to acquire it with ease and certainty."[6]

Pickering's letter helps us to get behind "Webster's Spelling-Book" in 1783, instead of looking at it from this later vantage-ground of an accumulated American literature. There runs through the correspondence of that day a tone which we easily call provincial, but is nevertheless a distinct expression of the consciousness of the young nation. The instinct of literature is toward self-centring, and the sense of national being was very strong in men who had been giving their days and nights to the birth of a new nation. To understand the state of things in 1783 we should look at the literary ventures, inclusive of educational, within the boundaries of the Southern States during the War of 1861-1865. There the interruption of commerce with the North compelled a resort to home production in school-book literature, and intensity of feeling upon sectional questions found frequent expression in spelling-books and arithmetics. "Webster's Elementary" was reprinted at Macon, without illustrations and some of the diacritical marks,mutatis mutandis. The reader finds the morals of the book and the earlier patriotism unchanged, but remembers its latitude when he reads: "The Senate of the Confederate States is sailed the Upper House of Congress: ThePresident of the Confederate States is elective once every six years: The Confederate States have a large extent of sea-coast, and many parts of the Confederate States are noted for the fertility of the soil." But these are innocent adaptations; one must look to the arithmetics for sectional feeling.

In Webster's time, men whose lives had been spent in the struggle for independence and autonomy looked upon everything relating to their country with a concentration of interest which not only attested the sincerity of their convictions, but made them indifferent to the larger, more universal standards. They were seeing things with American, not European eyes. When Dr. Belknap and his friend Mr. Hazard were carefully arranging for the publication of the "History of New Hampshire," they made proposals to the Longmans, in London, to take an edition, without any apparent suspicion that such a book might lack readers in England. The publishers' polite reply intimates the "apprehension that the history of one particular province of New England would not be of sufficient importance to engage the attention of this country, and particularly as it is at present brought down no lower than the year 1714." Belknap's History is an admirable piece of work, the first scholarly work of its kind on this side of the water, and Dr. Belknap respected his book. To him, as to many of that generation, a book was a serious undertaking, and each new one that came was carefully weighed and its character measured; a history of New Hampshire was not a mere piece of local self-complacency, but a dignified adventure into a portion of American history hitherto unexplored. The work expended upon it was as careful and grave as if the subject had been the Peloponnesian War. Indeed, one of the substantial evidences of the historic justification of the war for independence is to be found in the alacrity with which the scholarly element in the country busied itself about themes which were close at hand and connected with the land of their life.

Literature in its finer forms had but slender encouragement. The absence of easy communication, the poverty of the people, the dispersion of the population, gave little chance for bookstores and circulating libraries and private accumulation. It must not be forgotten, either, that the era of cheap books had not yet come in England, and that the periodical form was still in embryo. To look back on one of the rather juiceless periodicals which sprang up so frequently at the beginning of our literature because they had no depth of earth, and withered away rootless and sunstruck, is to be over-taken half with scorn for their pretense, and half with pity for conductors and readers, who had to make believe very hard to find them quite nice. "They would bear a little more seasoning certainly," like the marchioness's orange-peel and water; yet how strong must have been the passion for literature when money was expended and pains taken with these hopeless ventures. The change in popular taste, moreover, must not mislead us into supposing that writings which are arid to us now were necessarily devoid of interest to contemporary readers. We take down from the shelf the solitary volume which contains the "American Magazine," and its reading-matter looks as faded to our eyes as the leather upon the covers, but it was once the latest publication of theday. We can with little difficulty imagine that the monthly report of Warren Hastings' trial, with its plan of the High Court at Westminster, would have an interest at the time quite as reasonable in its way as that which held readers of journals, not so long extinct, over the details of the Tichborne case. It is in the field of polite literature that our later taste refuses to discover anything in common with the readers of the "American Magazine." What impresses one most in such a periodical is the value which the conductors set upon American historical material. This was offered to the public with all the assurance which now attends the promise of a great serial story. The explanation may most reasonably be found in the fact, that the subscribers to any such magazine at the time must have been sought among the well educated, and this class had been used chiefly to a serious view of literature.

The "American Magazine" was Webster's venture, and in the Belknap and Hazard correspondence one may find some curious incidents in the struggle for existencewhich the magazine had. It should be premised that neither of these gentlemen—and they represented the most cultivated class of the day—had much confidence in Webster. They nicknamed him the "Monarch," possibly from some assumption and arrogance in his tone, and he is rarely mentioned by them except in a slighting manner. "Ithink theMonarcha literary puppy, from what little I have seen of him," writes Hazard to Belknap. "He certainly does not want understanding, and yet there is a mixture of self-sufficiency, all-sufficiency, and at the same time a degree of insufficiency about him, which is (to me) intolerable. I donotbelieve thatheis fit for a superintendent; that the persons mentioned will be his coadjutors, or that either thedemandor theprofitswill be any way near equal to his expectations. His specimens already published [three numbers of the 'American Magazine'] are below mediocrity, and even in themheis too much the hero of the tale. His plan of aFederalpublication, if sensible, judicious men could be engaged to execute it, and an editor of the same stamp could be procured, I thinkwould do well.Considering circumstances, I would not advise you to engage with, him, but I think you may avail yourself of his application with the Columbians; only take care to do it in such a way that you may not, between two stools, fall to the ground."

The "Columbian" was a magazine of a little older standing to which Dr. Belknap had been contributing (his "Foresters" appeared there), and the incident of the worldly-wise Hazard, gently encouraging the clergyman to play the rivals against each other, has at least an approach to modern literary history. Webster, with his restlessness, had no sooner launched the "American Magazine" than he began to form other projects, as intimated in Hazard's letter, and wished to secure not only Belknap's pen, but his more active partnership. Hazard writes again to his friend, after being asked for further advice: "I am really at a loss how to advise you, but think, upon the whole, I would let the Columbians know that 'my necessities also compelled the making a close bargain;' that I had been applied to in behalf of the New York magazine, but felt myself so much interested in their success (having been so long connectedwith them) that I did not like to leave them, provided they would stipulate to allow me,certainly, what I deemed a reasonable compensation for my assistance, which they acknowledge they do not now allow; and that, upon their doing this, I would continue to aid them. If you can contribute the stipulated assistance to them in case you accept N. W.'s proposal, I see no reason why you should not do the latter too; for, if you fulfill your engagements, you do them no injustice. You may, in this case, as well have two strings to your bow as not, and I think I would advise to it, especially as the 'Columbian's' continuance is uncertain.[7]I would inform N. W. that some consideration was necessary respecting his plan; but that I was, upon the whole, inclined to think I would join him, if he could get the other gentlemen he mentioned to me to be concerned. I think nocashis to be advanced by you, upon his plan. It will be some months before he can begin, and I would not exclude myself from a chance."

Dr. Belknap's letters to Webster unfortunately do not appear, but his friend, through whom he wrote, commends him for his prudence. "I find," he writes, "you have not a more exalted idea of the Monarch than I have. I should not be fond of a connection with him, unless I saw it clearly to my interest." He praises him also for his exertions in behalf of the feeble "Columbian," which owed its life to him, in his opinion. Oddly enough, after all of Hazard's cautions and advice to Belknap, he seems himself to have been involved in negotiations with Webster, and from this point the correspondence has more interest as throwing light upon the estimation in which literary material was held at the time. Mr. Hazard had for a long time been making a collection of papers bearing upon American colonial history, and had not seen his way clear to a profitable publication of them. Noah Webster suddenly appears as the agent for a new magazine in which he has a slight interest, and makes proposals to Mr. Hazard. It is amusing to see how shy Hazard is of any close connection with Webster, and yet how continually Webster appears in the foreground in the affair.

"What would you think," writes Hazard to Belknap, "of my collection of papers coming to light after lying in obscurity so long? It is likely to be the case. The 'American Magazine' is to appear in a new form,[8]and on an extensive plan, and to be the property ofa societyof gentlemen, among whom N. W. holds but one share; and I am told he is going to remove from hence [New York] to Connecticut, so that he will not be the editor. Their plan is to publish one hundred and four pages monthly, fifty-six of them are to be in the usual magazine style, twenty-four are to contain State Papers, and twenty-four either historicalMSS., such as 'Winthrop's Journal,' or a republication of ancient, valuable, and scarce American histories, such as Smith's of Virginia, etc., etc. N. W. called, to know if I would dispose of my collection for this purpose, informing me that they intended to print in such a way that the State Papers and histories might be detached from the magazine and bound by themselves. After considering of the matter, I concluded to let them have the collection for £500, whichthey agreed to give. I don't altogether like this way of publishing the papers; but when I reflected on the great uncertainty of my being able to publish them at all, the risque I run by their remainingin statu quo, and the little probability that I should clear £500 by them if I should publish, I thought it best to say yes. The money is to be paid by installments. All this isinter nos."

Dr. Belknap now had an opportunity to repay his friend's favors in kind, and in acknowledging the letter just quoted he writes: "I could wish that you would take off the restriction of secrecy, so far as it relates to the intended publication of the magazine and its appendage, because I apprehend it may be in my power to set on foot a similar publication here; and the knowledge that such a design is on foot elsewhere may prove a stimulus to the undertaking." He prudently remarks that the sale made by his friend is good, "provided the purchasers do not fail in the payment." Hazard returns to the matter in his next letter: "With respect to theMSS.I made a prettysafebargain, and yet much will depend on the success of the publication as to thequicknessof the pay.... By agreement I am to hand my papers out in monthly portions, and in chronological order. The January magazine, or ratherRegister, is to contain twenty-four pages of them, and as many of 'Winthrop's Journal.' The design of the intended publication is no secret now, having been advertised in the newspapers; but I write you not to say anything about what I am to have for my papers.... N. W. had printed six sheets of Winthrop, but, upon the new plan's striking him, he thought it best to publish in the new mode; and I am told he will lose his expense so far, for his paper is not so fine as the new work is to be done upon,inter nos."

Suddenly Hazard writes to Belknap that Webster is likely to call upon him, and that if he offers him a partnership in the new magazine, he is not at once to decline. It is not worth while to follow the ins and outs of the correspondence upon a scheme which finally fell through, but a full letter from Hazard to Belknap may fairly be drawn from, since it puts one into tolerably complete possession of the whole story.

"You must know that N. W. has been for some time trying to get my State Papers published, and he has generally proposed it in such a way as to have a share in them himself. Several plans were proposed, and at last the idea of the Register was started. He called on me and told me that he had been speaking with some other gentlemen about being concerned in the 'American Magazine,' and that they were to be concerned with him. He informed me of their plan, and wished me to join them, and that my papers might be published in the Register. He intimated that he had five hundred subscribers [to the 'American Magazine'] who would continue to take the new work, and that the improvement proposed would greatly increase the number of subscribers. I objected against being a partner, but had no objection against letting them have my papers for £500. After a variety of negotiations, I consented to become a partner,—and they agreed to allow me £500 for my papers, to be paid out of the profits of the publication,—if they would yield me £50 per annum, at least, clear of my share of all expenses; if not, theother proprietors were to make up that sum to me annually; and, should the work be discontinued before I was paid, they were then to pay me as much as with my profits (all expenses first deducted) would make £500. Regular written articles were drawn, and executed by all but one partner, who has not yet signed them, nor will, 'til he sees such a number of subscribers in this city [New York] and its vicinity as will defray the actual expense of the work. Theprofitshe is willing to risque. He is a discreet, sensible man, and will be what the sailors call ourmain stay. After the articles were executed, some of the proprietors observed that they had given their bond to me for £500, which must be paid at all events, and that I was to run no risque, and, in fact, to pay no expense,—which was not putting matters on a fair footing with respect to them (before the time the proposals were published). They came and stated the case to me. I immediately saw the propriety of their remarks, and without hesitation agreed to a new article, that their bond for the price of my papers should not be in force immediatelyupontheir publishing(which was the case before), but that they might publish for three months; if they then discontinued the publication, the bond was to be of no effect; if they continued it after that period, it was to be in full force; and I agreed to furnish my proportion of the State Papers,i. e., that, as there were four proprietors, the others should pay me but £375,—the remaining £125 being my proportion of the cost of the papers. Thus relief was given on equitable principles.

"In the course of our conversations, at different times,writerswere talked of; N. W. mentioned you. I agreed that you would be a very suitable person, if you could be got to engage in it, but was apprehensive your situation would not admit of it. N. W. had no doubt you could be engaged, for he was very confident (or well persuaded, or something of that kind) that you wrote for the 'Columbian,' and were paid for it; and he ascribed the biographical pieces, in particular, to you. Upon my asking the reasons of his opinion, he replied that he did not know (or believe) that anybody else possessed suitable materials; butI suspect he has had more particular information in Philadelphia. It was suggested among the proprietors that Thomas's magazine[9]would interfere with us in Massachusetts, where we hope for a number of subscribers; and N. W. afterwards hinted to me the idea of a coalition, which I was pleased with. He told me he was going to the eastward, and would talk with Thomas about it. Isupposedthat he would talk withyoutoo, and gave you the hint that you might be prepared. It seems he has done so; and by last post I received proposals for an union, which I have laid before the proprietors here, and they are disapproved of. Upon this plan, theRegisterwas to be printed here, and theMagazinein Boston. One of the proprietors here was to furnish half the matter for the magazine monthly, and forward it to Boston, where N. W. was to act as editor, or engage Mr. Belknap, or some person of equal ability, to act for him; and this editor was to furnish the other half of the matter. As a compensation for my papers, I was to bea proprietor of a seventh of both publications, for they were to be separate. All expenses, bad debts, and other losses were to be divided equally among the partners. These proposals were signed by Noah Webster and Isaiah Thomas & Co. In a letter to me, N. W. sent a calculation, by which he attempted to prove that the value of a share would be near £200 per annum. Such an hint might have done for a person unacquainted with the nature of the business, but old birds want a more substantial temptation than chaff. A principal objection against the plan of union was the risque and expense of sending materials and publications backwards and forwards through so great a distance: one failure would be fatal to one month's magazine, and a repetition of such a disaster would discourage subscribers. The subscribers here would probably not be satisfied with a magazine printed elsewhere, and could not be furnished with one so early in the month; and, for my part, I am not willing to give up my papers on so precarious a chance of a recompense.

"N. W. (notwithstanding his obligationunder hand and seal) confesses himself unwilling to continue the Magazine and Register on our first plan; and I am much mistaken if the other proprietors do not disappoint him by taking him at his word and releasing him from his obligations; for his being known to be concerned makes the subscription go on heavily (thisinter nos).Hismagazine was a paltry performance, and people fear a continuation of it. We cannot find his five hundred subscribers yet. We have but about two hundred in this city, most of whom have been tempted by my papers, as is said. We agreed among ourselves not to let the proprietors be known, but N. W. has let the cat quite out of the bag. I am clear for going on without him, which I think may be done better than with him; and my plan would be that a sufficient number of literary characters should be united to make the most, if not the whole, of the magazineoriginal. The profits upon each share (especially at first) would be but small; but so, on the other hand, would be the risque. Suppose there should benoprofit for a year or two, and that the work should but barely defray theexpense for that time, yet it may be presumed that, if it was conducted with spirit, the public would patronize it, being sure of original entertainment, and that at length the property would become very valuable. What do you think of this idea?"

Dr. Belknap's reply to this letter is the last reference to the project which has any interest: "The Monarch called upon me last Monday evening, when I was abroad, and left word that he should come again next day at noon,upon business. Therealbusiness was to fish out what I had heard from you. I had then received only your short letter, and told him that I had heard nothing. He talked about the magazine, and about my being a partner, and about the business of an editor, and about his being a lawyer (which, by the way, was new to me), and about the value of a share, which, as he then estimated it, would be from £50 to £100 per annum, etc., etc., but expected to hear from you and the proprietors more particularly by the next post, and then we were to have a farther conference. The next post brought me your long letter, and he has not made his appearance since. I suppose, by what you say inconfidenceto me, that he finds he cannot be director general, and possibly suspects that he may have very little to do. I find myself under some embarrassment with regard to thispersonage. However, as he is going to marry into a family with some branches of which I have long had a very agreeable connection, I must suffer myself to be in a degree of acquaintance with him, especially if (as hethreatens) he should make this place [Boston] his future residence. If I cannot esteem him as a friend, I do not wish to make him an enemy, and I am very awkward in the art of Chesterfield. Hence arises my embarrassment. What he has told Thomas I know not, but I must do him the justice to say that he did not tell me the names of any of the proprietors, excepting yourself and himself; nor do I know who the others are."

Hazard's papers were finally published by themselves, and the Magazine and Register never got beyond the proposals point. Before the collection was published, however, another magazine loomed up, for the regular failure of each venture never seemedto dampen the ardor of magazine projectors. The story of the enterprise sketched in these letters may be taken as the story of all,—sanguine literary men and inert subscribers; a class of material is reckoned upon which always seems abundant, vastly interesting to the persons who hold it, but insufficient to beguile subscribers. Mr. Hazard, with his collection of papers, expects five hundred pounds, and his associates think him not unreasonable, especially after he agrees to pay one fourth himself; and with all his prudence and shrewdness he begins to count on the profits of the magazine with something of Webster's facile hope.

Webster himself, in spite of the dislike with which Hazard and Belknap agreed to regard him, appears in an honorable light. No doubt he was consequential and eager to have a hand in what was going on, but he had the confidence and courage which seem to have been lacking in his associates. His impulsive dashes at literature and capricious excursions into the realms of language were offensive to highly conservative and orderly scholars like these correspondents, and they sniffed at him rather contemptuously; but Webster could disregard the criticism of others when he had such unbounded self-reliance and zeal. He did not count the cost carefully of what he undertook, but allowed himself the luxury of seizing at once upon what engaged his interest. The publication of "Winthrop's Journal," referred to in the correspondence, was an undertaking which a more scholarly man might have set about with greater care and deliberation. Webster never read the original. He saw a copy from it in the possession of Governor Trumbull, and, perceiving the value of the material, made haste to get it published. He employed a secretary of the governor, who made a copy of the copy, comparing it with the original, which Webster had never seen. Mr. Savage, the learned editor of the Journal in its complete form, sarcastically says: "The celebrated philologist,who in his English Dictionary triumphed over the difficultiesof derivation in our etymology from Danish, Russian, Irish, Welsh, German, high or low, Sanscrit, Persian, or Chaldee fountains, might, after exhausting his patience, have reputably shrunk from encounter with themanuscript of Winthrop." But it was something for Webster to have succeeded in securing a publication of the book in 1790, and the credit due him is not lessened by the fact that he risked his whole property in the enterprise, and lost money.

He was at this time far from being settled in life. For half a dozen years he had been scrambling along as well as he could, teaching, lecturing, practicing a little law, working his books, writing for the newspapers, securing the passage of copyright laws, trying this city and that with new ventures, none of which gave him a subsistence. Meanwhile, he had met in Philadelphia a Boston lady, whom his diary shows him to have followed with the zeal of his ardent nature; and it is not to be wondered at that he carried his point here, as so often elsewhere, and settled, as he thought at the time, in Hartford, in 1789, with his wife, Rebecca, daughter of Mr. William Greenleaf, of Boston. His brief account of himself at this date was in the summary: "I had an enterprising turn of mind, was bold, vain, and inexperienced." John Trumbull, writing to Oliver Wolcott, announces that"Webster has returned, and brought with him a pretty wife. I wish him success, but I doubt, in the present decay of business in our profession [the law], whether his profits will enable him to keep up the style he sets out with. I fear he will breakfast upon Institutes, dine upon Dissertations, and go to bed supperless." The breakfast was indeed likely to prove the only substantial meal; how substantial it proved we have already noticed. No doubt Webster appeared to his friends, as half to himself, a restless, uneasy man, incapable of steady application to law, and making hazardous ventures in literature in that combined character of author and publisher which the circumstances of the time rendered almost necessary to any one who undertook to make a profession of letters.

It is a little significant of Webster's relation to literature that he moved outside of the knot of men known in our literary history as the Hartford wits. So many recent claimants for the position of democratic jester have engaged the public attention that the Hartford wits who amused our grandfathers rest their fame now ratherupon tradition than upon any perennial liveliness. By their solitude in the pages of American literature their very title has acquired a certain gravity, and we are apt to regard them with respect rather than to read them for amusement. Fossil wits seem properly to be classed with the formation from which they are dug, and not with living types of the same order. Yet no picture of the times in which Webster lived would be complete without a slight reminiscence of this coterie, and the fact that Webster was the neighbor of these men and himself living by letters suggests a fresh illustration of the truth that kinship in literature is something finer and closer than mere circumstantial neighborliness. Trumbull, Hopkins, Alsop, Dwight, and the minor stars in this twinkling galaxy, were staunch Federalists, and the occasion of their joint efforts was chiefly political, but Webster's Federalism did not give him a place in the set.

The "Echo" was the title which the wits gave to a series of satires that mocked the prose of the day. If an editor published a piece of bloated writing, the bubble waspricked by the poetical version; if a politician disclosed his weakness, his words were caught up and made to turn him into ridicule. The wits were on the lookout for humbug in any quarter, but they had their pet aversions, Sam Adams and the Jacobins being oftenest pilloried. A bombastic account of a thunder-storm in Boston appears to have given occasion for the first skit, and it was scarcely necessary to do more than parody the grandiloquent newspaper language. "The clouds soon dissipated, and the appearance of the azure vault left trivial hopes of further needful supplies from the uncorked bottles of heaven. In a few moments the horizon was again overshadowed, and an almost impenetrable gloom mantled the face of the skies.... The majestic roar of disploded thunders, now bursting with a sudden crash, and now wasting the rumblingECHOof their sounds in other lands, added indescribable grandeur to the sublime scene." The suggestion of the "Echo" came from this phrase, and the success of the first venture easily directed the writers into the use of their instrument for lashing political enemies. Two numbers were given to matters of trivial or temporary interest, and then there was a shot at a piece of fustian in the "Boston Argus" on Liberty, followed shortly after by a gibe at some correspondent of the "Argus," who frantically exclaimed, on the occasion of a town meeting refusing to hear Sam Adams: "Shall Europe hear, shall our Southern brethren be told, that Samuel Adams rose to speak in the midst of his fellow-citizens, and was silenced!" A few lines from this satire will best illustrate the vigorous treatment which the wits employed, and the gusto with which they jostled the great Democrat:—


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