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THE LANDING AT CAPE ANNE;
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THE SCHOOL OF CHRIST;
Or, THE CHARTER OF THE FIRST PERMANENT COLONY ON THE
TERRITORY OF THE MASSACHUSETTS COMPANY.
Now Discovered and First Published from the Original Manuscript, with or, Year-Book of Facts in Science and Art.
an Inquiry into its Authority, and a History of the Colony, Exhibiting the most important Discoveries and Improvemonts in Mechanics, Useful Arts,
1624-1628. Roger Conant, Governor. Natural Philosophy, Chemistry, Astronomy, Meteorology, Zoology, Botany, Mineral
BY JOHN WINGATE THORNTON. ogy, Geology, Geography, Antiquities, etc.; together with a list of recent Scientific Publications, a classified list of Patents, Obituaries of eminent Scientific Men, an In
Price $1 60. dex of Important Papers in Scientific Journals, Reports, etc. Edited by David A:
This volume proves that Massachusetts begins her history, not at Salem, nor WELLS, A, M. With an elegant likeness of Lient. M. F. Maury, U.S. N. Price, $1 25
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The North American Review says of the work"This monograph relates to a portion of the history of Massachusetts which has hitherto been somewbat obscure, and especially commemorates the worth and distinguished services of Roger Conant, whose name ought to lead the list of the Governors of Massa
chusetts. * * * We rejoice that justice, though late, has been done to the venerable Or, Christianity Viewed in its Leading Aspects. man who, as founder and savior of the infant colony, máy proffer a double title to a place
among the fathers of our commonwealth. The whole work does credit to Mr. Thornton's BY REV. A. L. R. FOOTE.
zeal as an antiquary, and credit as an historian.
-:0:CONTENTS:-Christianity & Life-4 Work-A Reward-A Calture—A Disciplino-Gould & Lincoln have in press and will shortly publish, A Fellowship.
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FROM LLOYD P. SMITH, “ Boston, December 9th, 1854.
Librarian Philadelphia Lib. Co. “I take pleasure in bearing testimony to the interest and value of your GAZETTE as a Literary Journal, and I sincerely hope that it may meet with the patronage it so well
“Philadelphia, Dec. 18, 1854. merits."
" It gives me pleasure to bear testimony to the value of 'NORTON LITERARY GAZETTE,
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published in America, as well as in England, France, Germany, &c. Without it, the col
“ Boston, December 12, 1854. lector is liable to overlook the appearance of books desirable for bis shelves, but which, "I am happy to bear my testimony to its merits-to the variety of its literary intelli- from the remoteness of the place of issue, or other causes, do not otherwise come under gence, the tolerant tone of its criticisms, and the amount which it contains of bibliograph. his eye. In a word, I find it indispensable in keeping up with the literature of the day.” ical information, so serviceable in this book-buying age."
FROM JONATHAN PEARSON,
Librarian Union College.
“Schenectady, Feb. 16, 1855. “New York State Library, Albany, Dec. 11, 1854. "I have been in the babit of reading and consulting 'NORTON'S LITERARY GAZETTE' BABY GAZETTE. It has improved wonderfully since the first year, and is the best Ameri
"It is hardly necessary for me to commend the manner, matter, or spirit of the 'LITEsince its commencement, and consider it a valuable miscellany, and most useful to those can publication of the kind we have ever had.” who are engaged in the formation of libraries."
FROM FRANCIS LIEBER, LL. D.,
Opinions of the Press.
“While mentioning the publications of Mr. Norton, we desire again to commmend his of its conductors and the whole execution of the paper. It deserves, in my opinion, that elegant and valuable journal, the LITERARY GAZETTE. To literary men and readers in acceptance at the hands of the public which will enable Mr. Norton to enlarge and improve general it is a most convenient paper, exhibiting proofs of great labor in its preparation, it from year to year."
and offering in the course of a year a wonderful amount of bibliographical information."
- Christian Examiner, Jan, 1855. FROM REV. WM. GAMMELL,
“This journal has now reached its fifth volume, with a constantly increasing subscrip
tion list. For accurate and comprehensive bibliographical information, it stands without Professor of History in Brown University.
a rival; its lists comprising, besides all the publications of our own country, carefully
“ Providence, Dec. 16, 1864. prepared notes upon the most important publications of England, France, Germany, Hol. "I have long been in the habit of referring to the GAZETTE, especially for its biblio- land, etc. The literary notices are remarkable for their candor and judiciousness; and it graphical information, which is unusually fall and accurate. I regard the GAZETTE as the is evident that no pains have been spared to secure, in the compilation of them, the most useful aid with which I am acquainted, in the purchase of Books for public libraries mature opinions of qualified judges. For our own part, we regard the success of this I think it particularly worthy the encouragement and support of those who are charged in valuable journal as a subject of general congratulation to men of letters."—N. Y. Quar. with the superintendence of such institutions. To all such it makes itself indispensable terly, Jan. 1855. as a guide to the current literature of the time, and to the books which the market offers ** NORTON'S LITERARY GAZETTE' has entered upon the new year with undiminished for sale,"
energy, as a recorder of what is passing in the world of Literature, Science, and Art, to
gether with a fund of Library information which we look for in vain in any other periFROM JOHN A. PORTER,
odical."-N. Y. Churchman, Jan. 1856. Professor in Yale College.
"Having enjoyed its semi-monthly visits during the past year, we can confidently “ New Haven, December 16th, 1864.
speak of it in the highest terms. It is conducted with great ability and skill, displaying “I regard your LITERARY GAZETTE, with its complete lists of American and Foreign matters of our own and other countries, can do better than pay $2 annually for this work."
superior energy and a fine taste; and no one desiring to be kept posted up in the literary publications and condensed critical notes, as invaluable to every one who would keep ap " It is a publication to which we desire to call attention for its remarkable typographiwith the literature and science of the day. No publication of the time is more eminently cal beanty, and the fullness of its information concerning the book trade, with numerous worthy of the support of scholars."
literary notices, abundance of advertisements from city booksellers and publisbers, copious
catalogues of foreign works, and accounts of periodicals; it furnishes an ample guide to FROM EPES SARGENT,
all interested in the subjects to wbich it is exclusively devoted."-Christian Register. Editor of “British Poets," &c., &c.
“Mr. Norton's Magazine, so far, bas occupied a ground not appropriated by any other “ Boston, December 16th, 1854.
American publication; nor do the English journals which most resemble it--the Athe"I take great pleasure in bearing my testimony to the great value to literary men, to
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“The GAZETTE furnishes more information respecting books than any other publication. American. I trust that it will continue to be liberally sustained, for it is an enterprise lovers, the LITERABY GAZETTE' is full of interest and an important guide."
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“This is a compendious and elegantly printed work, presenting far the most satisfactory
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any work with which we are acquainted."-Cambridge Chronicle.
"Of course, all publishers, authors, teachers, and general readers, will consult its pages Author of “Compendium of English Literature."
as a chart of what has been, and is about to be, done in literature, the sciences, schools, S“I have taken your ‘LITERARY GAZETTE 'from its commencement, and know not how libraries, and colleges."-Boston Daily Transcript. I could now do without it. For its just and discriminating remarks upon books; its lists “This publication is the only exclusively literary paper issued in the United States."of new and forthcoming publications, and varied literary intelligence, I know of no publi- Saturday Gazette. cation in our country that can compare with it. Indeed, it fills a space which no other " It abounds in racy, well-written notices of books, magazines, &c., &c., besides being periodical, to my knowledge, attempts to fill."
A very useful advertising medium."—Hartford Union.
Publisher, Importer, and Agent for Libraries,
The Great Libel Suit .
manity, the dictates of justice, and the rules
"In reply to your inquiries, I have to state that I have no
reason to believe that materials of any value exist for a life of law, to be shaken by any efforts that Mr. of Dr. Jadson, which I have not seen; and, moreover, that
Fletcher may hereafter make. Yet we have that portion of the materials for a memoir, which has not NEW YORK, MARCH 15, 1855. received an intimation from him that he intends appeared in the public journals, can have been accessible to
no person except myself. No one of the family of Dr. Judmaking application for a new trial !
son has ever been consulted on the subject of this publicawe know not what will serve to satisfy him? He tion, and neither Mrs. Judson nor her friends have been TRUBNER & Co.,
stances I think that such an undertaking can be viewed in A. ASHER & Co., Berlin. through the newspapers ;-they almost unan
no other light, by honorable men, than as an attempt to deF. MULLER,
Amsterdam. imously condemned him. He talked with his prive the widow of Dr. Judson, upon whom two helpless HECTOR BOSSANGE, Paris. friends ;--they discouraged him. He adver- families are dependent, of the means of daily sustenance.”
We give prominence to the above, because we do not tised and bepraised his book ;-who is there
think any one would willingly act in an unjust manner tothat will be willing to acknowledge that he war is the widow and fatherless. As a desire has been very generally expressed to see a full report of the testimony presented upon the Judson
he went to has purchased the work ?
It is upon this article that the action of Mr. trial, an unusually large edition of this number has been lař,-chose his own forum, and his own
Fletcher was founded. The case came on for published. This is sont to many who are not regular sub-point of attack, summoned an array of learned scribers to the Gazette, with the hope that those receiving and titled divines as his witnesses; argued, Court, before Chief-Justice Oakley and a jury.
trial, on the 27th of February, in the Superior influence which it is exorting, and the facilities that it pos- denounced, implored, invented, and a jury of Mesers
. R. F. Andrews and A. J. Willard apsesses for informing them of whatever transpires in the his countrymen, fairly chosen, tell the Court peared for the plaintiff, and Messrs. F. N. Bangs literary world.
and the community, through a spokesman who and Charles O'Conor for the defendant. The
FIRST DAY.-FEB. 27.
Mr. R. F. Andrews opened for the plaintiff. He FLETCHER vs. NORTON.
Perhaps there is one country where he might said that the libel published was one of a very se
once have found a tribunal to answer his pur- rious character. The defendant was publisher, Rather more than a year ago the pro- pose; a jury of Hindoos, composed of men editor, and proprietor of a magazine called Norton's prietor of this paper received a somewhat
whose widows are to be sacrificed by fire Literary Gazette, a paper which circulated exten
peremptory summons from a brother-publisher of
when their husbands die, under pretence of sively among booksellers and literary men. Its this city, to present himself before a Court of honoring the memory and appeasing the shades circulation was of such a nature as particularly to
injure the plaintiff, by leading the trade not to purJustice, and respond to sundry grave com
of the departed. We doubt whether men or chase the work. Nor was this article within the plaints made against us and our journal.
women in any other land, however, could be proper sphere of this Journal. The plan and purHe complied,—for comply he must,--and last found to reverse the decision of the gentlemen pose of Norton's Literary Gazette was to criticise week we had the distinction of making our who acquitted us.
literary productions. Now this article was not, first appearance, in any character, in Court. We observe that some of our cotemporaries properly speaking, a criticism, for it was published To-day we have the pleasure of presenting a advert to the result of this suit as settling read the article, which we have given above, and
prior to the appearance of the book. The counsel faithful report of what was said and done on
some legal principle about abridgments. We then proceeded as follows: the occasion. We trust the result will satisfy believe no legal question of this nature came
This is, to be snre, the language of another, but our readers as well as it did ourselves. We
up. The point submitted to the jury was the Court will tell you, gentlemen, that the defendleft the Court Room as we had entered it,
whether they considered Dr. Wayland's re-ant, in putting it in his paper, made it his own. unharmed in purse, and, we believe, unhurt
mark too severe under the circumstances. He procured it to be written, he printed it, he pubin character. We leave it to our readers to They returned their answer in the shape of a Lished it in his journal, and scattered it, broadcast,
over the land. He is responsible for the injuries determine whether we can say as much of verdict for the defendant.
which it may have occasioned. Whether it be true our adversary.
or whether it be false--and we most emphatically We are not aware that it is necessary to
deny that it is true-in this free country the life of add any thing to what was said for us on the
a public man is a public subject. It is absurd to
allow but one person to write a biography of such trial—and said not for us only, but for the Trial Term. Feb. 27 and 28, and March 1 and 2.
a man as Dr. Judson. Who would say that but cause of justice and literature—by the elo
BEFORE HONORABLE CAIEF JUSTICE OAKLEY.
one life of Daniel Webster could be written? Who quent advocate who plead our cause. More
would pretend that a second life of General Scott emphatic than any thing we could say-more
Edward H. Fletcher against Charles B. Nors would be wrong or out of place? It is equally abemphatic even than any thing else that was
ton.—This was an action against the proprietor surd to confine the life of Dr. Judson to a single said, -was the brief verdict of the twelve
of this journal, to recover damages for the pub- biographer.
lication of an alleged libel. Mr. Edward H. The defence made adds aggravation to the case. “ honorable men,” who, after a delay no Fletcher, a book publisher of this city, announced Mr. Norton refuses to retract, he makes no apology, longer than was necessary to give their judg. in the fall of 1863, a life of the celebrated Dr. he offers no explanation. He comes forward, alment a legal form, recorded their view of the Judson. On the 15th of December, 1853, we
leges that the charge is true, and takes it upon transaction which Mr. Fletcher was ill-advised published in this journal the following article:
himself to establish its truth. enough to make a subject of discussion.
Of Mr. Judson I need say nothing. His distin
WAYLAND'S LIFE OF JUDSON. Would that the lamented lady, whose pen,
guished character and eminent services cannot be even from her death-bed, contributed so pow- the above work, commending it to all such as would be in missionary enterprise. He went to Burmah in 1812
In the last number of this paper we called attention to unknown to you. He was a pioneer in the field of erfully to the result, could have lived to wit- terested in the faithfully drawn portrait of a most noble to spread the Gospel. His experience is of a very ness it, and to thank, in her own way, those man and devoted missionary. Having since learned that interesting character. He bore trials, and suffered twelve men for that manly vindication of her / another memoir of Dr. Judson was announced for speedy persecutions, such as no one, perhaps, ever suffered rights! That verdict, carefully deliberated, to inform us whether this forthcoming volume was author. before. The persecutions which he suffered from
the Government excited for hin the sympathy of though promptly rendered, truly represents, ized by Dr. Judson's family, and whether any papers were we believe, the sense of the community, and likely to exist other than those already made use of. From the entire christian community in this country.
President Wayland's answer we take the literty of extract- In 1845, he returned to this country, a widower. is too firmly supported by the instincts of hu- ing as follows:
He was enthusiastically received, not only by his christian brethren, but by the whole community. He could not have done belter if he had spoken for friends, than that here was a field in the language of While here, ho became acqnainted with a Miss the defendant.
the witness) which would yield a harvest, namely, Emily Chubbuck, who was then well known in You will remember that he said, “It will appear the publication of a life of her husband. It was only literary circles by tho name of “Fanny Forrester." that this libel was published in regard to this book, necessary to bring out a memoir of the life of Dr. They were married in June, 1846. The marriage prior to its appearance, and therefore, cannot be Judson, and there was a fair prospect of procuring occasioned considerable excitement at the time, considered a criticism.” Now, when we lay down for the widow and her children a subsistence. Acowing to the difference in their ages. Shortly some truth, it is usual to bring forward proof or cordingly, arrangements were made, and Dr. Wayafterwards they sailed for Burmah, where, after evidence in support of such truth. And what land--an old friend and intimate acquaintancespending about five years, Mr. Judson died. Mrs. proof has been brought forward by him? What agreed to give his services in the preparation of Judson then returned to this country, and took up has he produced to support his position ? the book, without any consideration or remuneraher residence in Hamilton, and was residing there The fact is undeniable that Mr. Fletcher pub- tion, and give the copyright to the widow. when the book was published. The fact that she lished this book, the effect of which was to deprive This work was just published when this so-called witnessed the dying hours of Dr. Judson excited the widow and the orphan of their daily bread. libel was committed. It was at this time that the a peculiar interest in the community towards her. Can you imaging any thing better calculated to publication was called out, for it was at this time
The article appearing in Norton's Literary Gazette, rouse in every generous, honorable person, a deep Mr. Fletcher aspired to be, what the publishers call, coming ont at just such a time, was calculated to and lasting aversion towards the author of such an a "piratical interloper." bring the plaintiff and the life of Dr. Judson, act. If a man will so conduct himself that when Now, gentlemen, we say, and stand ready to which he was about to publish, into contempt. I an editor merely tells the truth about him; merely prove, that what Mr. Norton published was true, may state, gentlemen, that it is not necessary for lays the plain, unembellished facts before the pub- and was published with good intentions. There us to prove actual malico on part of the defendant. lic, the statement of those facts is considered libel- are other things besides the law of the land, which The law will prosume malice from the publication lous by him; should the editor be brought-up be- we ought to consider. I have no right, unless I get of the article. We have suffered deeply; not only fore a tribunal on such a charge as this? It may a copyright, to my own publication, and if I get a in the injury which has been done to us pecuniarily, have been so in some times and at some places, but copyright, some one may write another book, very but also in that which such an imputation casts not here. In England it was once held, that “the similar, very similar indeed, and publish it, withupon the reputation.
greater the truth, the greater the libel," but such is out my being able to obtain rodress. There has Mr. Willard then read the article as given above; not the law of this state. The law laid down by therefore been a sort of code of morals which comes the publication of which was admitted by the do- Hamilton, by Erskine, and by our Hamilton of the in place of a copyright, to protect the owner or first fendants, and then called
revolution, and re-affirmed in the Constitution of possessor, from injury, and it is considered a mean Hiram Dayton.— I reside in the city of New York; am 1846, is that the truth! truth !! TRUTH !!! spoken thing, for any one to skip in and get the start of acquainted with Mr. Fletcher; was his clerk in 1853. 1 with good motives and justifiable ends, is not a him. It is termed piracy. It is not confined to know of the announcement of the publication referred to; libel.
the book business, but it is so in every occupation. the book was announced through the daily papers. It was announced within a week of the first of November, 1858.
Now, I can not only prove that my client spoke If a man has undertaken a piece of work, it is con
the truth, but I can also prove that it was spoken temptible for another, who has not the power of A copy of the announcement was produced, iden- with good motives. It is not always enough that mind to originate for himself, to stop in, and bear tified by the witness, and read in evidence, as fol- the truth is spoken, it should be spokon with a off the trophy. lows:
good intent. Generally speaking, in all matters in In this case, after the publication of Dr. Way"Burmah's Great Missionary, or Records of the Life
, Char- which publishers have an interest, or ought to take land's edition, Mr. Fletcher says that he is going acter, and Achievements of Adoniram Jadson. Elegantly an interest in respect to these, the truth will be to issue an abridgment, which, being cheaper, a glance the field of Judson's labors, with his voyages and motives and justifiable ends. illustrated with fine stoel engravings, and a map showing at presumed by the Court, to be spoken with good would interfere very much with the original book.
It was a mean thing, and any one has a right to say travels, in one handsome duodecimo volume, price one dollar.
Having made theso general remarks on the law that it was a mean thing. Only just as honest as " In the preparation of this work, information has been of libel, I now proceed to explain the facts of this the law forces! This is a poor state of morals. taken from every available source. Instead of long labor-case.
Some persons seem to say, “I am living so that no saving quotations usual in extended biographies, the jour- I fully agree with my learned friend in his state- one can recover damages against me, or send me nals and correspondence of Judson have been examined ment concerning the character of Dr. Judson, and to prison," and feel well satisfied with themselves. with minute care, and every thing of permanent interest in regard to his exertions and zeal in the spread of Well, all I say is, may the Lord pity the neighbors incorporated in the narrative. The volume presents ac- the Gospel
. He spent forty years in a foreign land, who live near such a man. How will he be able to readily accessible form, without rendering it burdensome subjected to all the trials and vicissitudes conse- render account at the great day of judgment ? with statistical tables. The progress of translation is accuquent upon a missionary life, and vigorously ap- How will he answer before that mighty tribunal ?
It has been said that the widow is not dependent rately noted, in a manner which, wbile affording a narrative plied himself to this arduous work. He died reof the every day labors of the great translator, avoids un-cently. His last years were soothed and comforted on this publication. It is true she had a little osnecessary sameness. A faithful exhibition of his views on by the care and attention of Mrs. Emily C. Judson, tato, perhaps five or six hundred dollars a year, the controversy concerning faithful versions, which in great a lady of high literary attainments and social virtues, and this was for a lady in feeble health-indeed, measure sprung from his labors in translations, is given, as she did not enter into matrimony for the sake of on her death-bed, for she has died since the comalso his views on other gravo questions relating to missions, ease or indolence, but went with him as a compan- mencement of this action. We appeal to you to &c. In fine, every thing which tends to delineate the ion, to share his troubles and his cares. She was say if she was so wealthy that she could afford to abundant labors of Judson in the cause of evangelization, with him at his denth, and comforted his last hours have this abridgment published. will be found in such form, that it is hoped that the work will greatly aid to give bis dame the everlasting rememin that distant land, by her untiring affection; and
One other observation. It is suggested that Mr. branco' promised to the righteous,"
returned to this country when her assistance was Fletcher should have had some previous notice, The witness then proceeded :
no longer required there. She enlists the sym- some private remonstrance, and not thus suddenly The name of the work was Burmah's Great Missionary; chivalrous and honorable infidel.
pathy of not only her christian friends, but of the have called Mr. Fletcher before the public. Now, it was published about the middle of March, 1864; the pre- chivalrous infidel, and, indeed, of every one who to Mr. Fletcher & most touching letter, adjuring
I say, of the gentlemen, Mrs. Judson, from her death-bed, wrote parations for its salo were very extensivo; agencies were established in different fields; I should say there were can be called a man. She came home charged with him, in the most solemn terms, to abstain from some two hundred agents employed in all, at different the care of a large family, in fact, of two families, publishing his work. To this letter he replied with times.
for she had with her the children of Mr. Judson's the same argument which has been used here toThe plaintiff here rested. formor wife, as well as her own.
day, that Mr. Judson's name was a public name; Mr. O'Conor then opened the case for the de
as though this was any reason for making it the
Her husband was a public man. This we do not fence, as follows:
subject of private plunder. deny. He was an honor to his religion, his family, Gentlemen of the Jury-On being consulted in and his country. He was an example to others,
Mr. O'Conor then proceeded to read the followrelation to this case, I was struck with astonish- and no better thing could be done for the youth of ing depositions. ment that any person should be willing, as plaintiff, the country, than the publication of his memoir. to bring such a case into Court, and my astonish- As he had no estate to leave to his family--a poor mis
My name is Francis Wayland; age fisty-eight years; ocment has been heightened while listening to the sionary cannot leave a great legacy, and Mr. Judson cupation, teacher; reside in Providence, R. 1.; I do not opening of the learned counsel for the plaintiff
. had no fortune to bequeath to his widow-nothing know Mr. Fletcher; bave seen him; Mr. Norton I have He took the words even out of my own mouth. inore quickly presented itself to the minds of her known two or three years.
DEPOSITION OF DR. WAYLAND.