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tposi CHARLES B, NORTON.
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OF NEW-YORK. BOOK-AGENT, Ac.
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Justice to myself, and to the public, requires that I should
make the following statement of facts in reference to Charles B.
Norton, editor of Norton's Literary Gazette, N.York. This gen¬
tleman advertises as general book-agent, and as agent in all mat¬
ters appertaining to literature, &c. My object is to show the public
who have any business of the above kind to transact in New York,
through an agency, that Charles I^^^orton, for want of capacity,
qprofupLiic'ssT^xT^oihijTJn' hones^^^mTwbrtKy 'their "Confidence
and not to be relied upon in any matter entrusted to his hands.
Some time in last October, I finished a satirical poem called "The
Times," and wrote to Mr. Norton, enquiring of him if he would
consent, upon my paying him for his trouble, to find a publisher
for this poem, in N. York. I then did not expect, or wish, him to
become my publisher, but only a paid agent, acting for me in ob¬
taining the publication of my book. In answer to the above en¬
quiry, I received a letter from Mr. Norton dated Oct. 30, 1852,
stating that he could have my poem published in N. York, but
that it would be "necessary to remit a sum sufficient to cover the
expense, whatever it might be," and telling me to send on my Mss.,
so that he could forward me an estimate of the cost of publication.
The Mss. were sent pretty soon after the receipt of the above let¬
ter, and, after a delay until the 11th Jan., 1853, I was informed
by a letter from Mr. Norton, under that date, that "absence from
the city prevented his attending to my request until this moment."
Tie tells me, however, that my poem can be gotten up in good
style for $150. He thinks "no satirical poem would ever meet
with a large sale in this country. However, i¥ well advertised, this
may prove an exception to the general rule. Can have the
work all done in two weeks after its being put in the printer's
hands." The Italics are mine. I shall comment upon them here¬
after.
In reply to the above, I wrote Air. Norton that 1 did not merely
wish my book printed, and the edition thrown upon my hands, but
that it must be published, and it must bear some responsible pub¬
lisher's imprimatur. I insisted strenuously upon these points, as
I had been imposed upon by dishonest publishers before I ever
had any dealings with Air. Norton. Under date of 25tli Jan. last,
and in reply to my letter, he wrote me that upon receipt of $150,
he would publish my book in accordance, as he gave me to under¬
stand, with the intimations contained in my letter. The money
was sent, and I have his receipt for it, under date of 8th Feb.
1853. Under same date he informs me that my "work has gone
to press, and will be issued as soon as possible."
According to previous promise, the work should have been out
"in two weeks " from the time it went to press—that is by the 22d
Feb. It "did not make its appearalTCrr however, and I wrote to
"my publisher" to know the reason. On Alareh 28th he wrote me
that illness had prevented his attending to my poem with the
promptness that he intended." He continues however, that lie
"should have it out in good shape next week." Nearly two weeks
afterwards, instead of "next week," under date of 9th April, he
writes me that he sends me per this mail a copy of my poem
bound, which he trusts will prove satisfactory." "I regret, howev¬
er, to inform you that since its appearance, I have been informed
that it is libellous, and that I shall be liable for prosecution if any
arc offered for sale." In this same letter in which he hacks out from
his contract, he has the impertinence to write me that he "shall be
pleased to attend to any further orders !"
As comments upon Air. Noiton's extraordinary letter, I will
give my own in reply :—
Eatonton, 18th April, 1853.
C. B. Norton, Esq.
Dear Sir :—Yours of 9th instant come to hand several days
ago, and I have been waiting to receive the copy of "The Times,"
which you say you sent. As yet it has not arrived, and there¬
fore I cannot say whether it is "satisfactory" or not. But of one
thing I am certain—your letter is any thing but satisfactory. You
had the same opportunity to be "informed that the poem was
libellous" before it appearance as you have had "since its appear¬
ance." You recollect you wrote me that you would print an edi¬
tion of my poem, and I wrote you that I wanted it published, and
that it must bear some publisher's imprimatur. AVith a full knowl¬
edge of my wishes, after you had read the poem, and with an ex¬
press contract on your part to carry out those wishes, you requir¬
ed prepayment for your labor, which was remitted you, and agreed
to have the work done in three, [two] weeks. Now, after a lapse
of more than double that time, if I am not mistaken, you write me
virtually that you cannot carry out your contract—contracts being
things to be complied with, I have always been taught, "though
the heavens fall."
As to "waiting my orders," I, of course, have none to give, but
to insist upon your carrying out your contract.
Yours, See.
J. A. TURNER.
As Air. Norton's next letter contains the grounds of defence
for his strange conduct, it is but justice to give that letter entire:
New York, April 25, 1853.
Air. Turner :
Dear Sir:—Yours at hand. I have forwarded another copy of
your poem to your address by mail, this day. In answer to your
remarks, Avould state that I have completely fulfilled my agree¬
ment, viz, to publish your Book—which I have done, and the
whole edition is in my store awaiting your order. If I had ever
studied into the law of libel, I should have been better aware of my
liability in publishing it. But it was not till after the Book was
printed, that the fact was found out. It would not be safe for either
yourself, or me, to push them in this section of the country, although
I think that they might perhaps be disposed of in the Southern
States. I regret that I had not perused the work more carefully
before printing. But at the time of its reception I was about leav¬
ing the city, and did not have an opportunity to examine it care¬
fully.—I have to your credit $19,90, for which you can draw, if
necessary, the above amount being the balance on hand after de¬
ducting the expense.
Very Respectfully,
G. B. NORTON.
I append my reply to this very coherent, and highly grammati¬
cal epistle :
AIerry Dale, Near Eatonton, 2d Afay, '53.
Charles B Norton, Esq.:
Your letters and mine will show that you have not " completely
fulfilled your contract." This you know, as well as I do. Besides
failing to fulfill it in other things, the book bears the imprimatur
of no publisher. You know you agreed impliedly, if not expressly,
that it should bear yours.
Let me assure you I did not intend my poem to be published
simply to be "disposed of." Doubtless the height of your ambi¬
tion is to have it "disposed of." Such is not mine.
Nor will I be bought off by the payment of $ 19 90. I want
none of the "vile trash." I agreed to pay you $ 150, and I will
adhere to my contract, however you may back out from yours.
As to its not being "safe " to "push" the poem in your "section
of country"—let me say to you, I am not so timid a man as you
seem to be.
But it is useless to multiply words. Unless you carry out your
contract, I shall appeal to the proper tribunal to have justice done
in the premises :—if not to a court of justice, at least to the tribu¬
nal of public opinion—before the bar of either of which I can ob¬
tain judgment by offering your letters in testimony.
If you persist in your course, I shall make it public through the
medium of the N. A ork papers. And if the poem is actionable for
libel, you will thus not only be laid liable to a suit for printing it,
but you will be liable to a suit for compelling you to comply with
your contract. The work shall be sold in N. York-—or at least
distributed there, even if I have to give the copies away—and the
public shall know that Charles B? Norton actually printed the
poem, and agreed to publish it as can be shown by his letters, and
by his announcment in the "Gazette," although he had not the
courage to carry out the contract.
Permit me in conclusion to say that the poem is not "libellous,"
and I cannot believe that any one is fool enough to sue you for
publishing it. J. A. TURNER.
And now to sum up the matter :—Air. Norton agreed to publish
my poem—that is to make it into a book of good style, and to bring
before the public by such means as is usual with publishers. In¬
stead of doing so, he merely prints an edition, and suffers it to lie
in his book-store, because he says he is afraid ot being sued—it is
not "safe" to "push" the poem in his section of country.
Air. Norton agrees that the book shall bear his imprimatur, and
actually announces " The Times: A Satire," in the February
number of his gazette, (see page 23,) and yet foots the title page
with the words " Published for the Author."
I begin my correspondence with Air. Norton in October, 1852,
for the publication of a small volume of 84 pages, and in Alav,
1853, the whole edition is lying in his store, he not having made
a single effort to sell, or have them sold, because he is afraid it is
not "safe in his section of country."
Air. Norton gets my money, and then refuses me value received
for the same.
And what is his ground of defence for all this—shall I say de¬
liberate villainy ! I will not. But what is his defence ? A mere
quibble upon (11^ word publish. He says that he has published my
book, and it is waiting in his book-store. Now even should it
■A
turnout that in one seasc he lias published my book in merely
printing it, and hiding it away in his store, still he has not pub¬
lished it in the sense in Avhich he agreed to do it.
See how foolishly, not to say knavishly, he has acted in the
matter. lie receives the Alss. some time in December, '52, or
January, '53. He has from that time up to the 9th of April follow¬
ing to examine into the nature of the poem. In fact he is print¬
ing it, and reading theproof; and yet, after all, he does not find
out it is "libellous," until after its "appearance," when he is in¬
formed that it is so! Does any one believe Air. Norton? lie
wrote to mc about twelve days before the issue of the book that it
would "be out in good shape next week." Is anything said about
libel? Not one word! But the very next letter from my very
worthy publisher "regrets to inform mo that since its [the poem's]
appearance, lie [Air. Norton] has been informed that it is libellous,"
and he is afraid to offer any for sale ! And when I charge him
with remissness in "being informed," he very naively, and very
classically too, assures me that he has never "studied into the law
of libel!" And no one can find any difficulty in believing also
that he never studied into the lex contractus, or (for Air. Norton's
benefit,) the law of contracts.
Now in every number of Air. Norton's Gazette are reviews of
Law, as Avell as other books. Is it presuming too much to sup¬
pose that he who reviews law books knows something of law ?
And if Air. Norton knows any thing of law, ought he not to know
something of the law of libel, as that is a very simple branch of ju¬
risprudence ?
In conclusion, let me say that some of the persons most severely
handled in my poem are the Aran Burens, Seward, AVillis, Greeley,
Airs. Stow, Bloomer & Co., and divers and sundry other persons
and things. " Young America" is not spared, nor any of theisms,
fanaticisms and fooleries of the day. But in all that I have said
about them, I have not charged them with any thing so bad as
that which I lay at the door of Air. Norton—to wit, a refusal to
comply with his contract, and a violation of his stipulated faith.
One word more. To any one who has dealings with Charles B.
Norton, Editor of Norton's Literary Gazette, N. lrork, and Gener¬
al Agent, I would say, before you let him have your money, get
value received for it.
J. A. TURNER.
AIerry Dale, near Eatonton,Geo., 23d June, 1853.
P. S.—I had intended to have the above published in some N
York paper. But as I am unacquainted with any editor in that
city, to whom I could apply for such purpose, I have determined to
seek the eye of the public in this form. Besides this, I have just
received a letter from Air. Norton, who informs me that he is "so
well known to the press of this city, [N. York,] that nothing would
be published to my [his] discredit." Air. Norton's meaning, I sup¬
pose, is, that he is "so well known to the press" of N. York that he
may commit any act of rascality he may please, and the press of
his city is so muzzled that he will escape unpixblished. It is for
the press of N. York to refute this calumny, and to say whether or
not it approves of Air. Norton's conduct. Every press and every
publisher in that city is interested in holding up this gentleman's
"actings and doings" to public indignation.
J. A. T.