[Enclosure]

New York

Feb 17/60

Dear Sir

Yr favor of 15^th. is at hand. We cant say what we can do respecting the notes & additions till we see them but we shall be anxious to make our edition conform to any future English Edⁿ.—⁶

You are under a mistake in supposing that new matter unpublished in England secures a copyright in this country if written by M^r. Darwin—on the contrary if the entire work had never been published in England and first appeared here no copyright would hold in this country as no one can hold a copyright here for what he has written unless he be a citizen of the U.S—

We proposed to ourselves to pay 5% on retail price as suggested in yr letter as there is no reason why a work without any legal rights, sh^d pay the same as one that is secured by law— We desire to act liberally altho‘ we printed the work after it had reached this country some little time; not having rec’d even early sheets which is usual when any payments are made.

We regret very much there is no protection to the foreign author, think it a monstrous shame, but we are obliged to take things as they actually exist— We are quite willing if it w^d. be agreeable to M^r Darwin to send him a check for 50£ stg. and very likely that will be as much as he could receive by the sales.

We remain | Very respectfully | D. Appleton & Co