his autobiography entitled Apologia, which gives the inside history of the Oxford movement.

Hle now, as he says, "out of my own head began the Tracts." The first, without date, was entitled Thoughts on the Ministerial Commission, respectfully addressed to the Clergy. It dwelt upon their responsibility, and pointed to efforts for the renewal of church authority; and the bold tone assumed may be seen from the following sentence. Referring to bi hops-and intimating how they should place themselves in the front of the coming battle-the writer says: "And black event as it would be for the country, yet (as far as they are concerned) we could not wish them a more blessed termination of their course than the spoiling of their goods and martyrdom." Another tract, on The Catholic Church, followed, and on Sept. 9, 1833, the first bearing a date then appeared; a third, containing Thoughts respectfully addressed to the Clergy on Alterations of the Liturgy, resisted stoutly any measure of the kind. These publications excited considerable alarm in the minds of some of Newman's friends, but ho persevered, and was in 1835 and 1836 fully joined by Dr. Pusey, whose accession he deemed an event of immense value and importance, from his high position in the university, his distinguished family connections, and also his great learning and estimable character. Dr. Pusey had written a tract on Fasting, which appeared Dec. 21, 1833, but his tract on Baptism, in 1836, was his first great contribution. Much, however, as Dr. Pusey did to promote the enterprise, Newman remained its life and soul. He acknowledges that he wrote twenty-four out of the whole number of tracts, amounting to ninety. He thus describes what he did: "I had lived for ten years among my personal friends; the greater part of the time I had been influenced, not influencing; and at no time have I acted on others without their acting upon me. As is the custom of a university, I had lived with my private-nay, with some of my public-pupils, and with the junior fellows of my college, without form or distance, on a footing of equality. Thus it was through friends younger, for the most part, than myself, that my principles were spreading. They heard what I said in conversation, and told it to others. Undergraduates in due time took their degree and became private tutors themselves. In this new status, in turn, they preached the opinions which they had already learned themselves. Others went down to the country and became eurates of parishes. Then they had down from London parcels of the tracts and other publications. They placed them in the shops of local booksellers, got them into newspapers, introduced them to clerical meetings, and converted more or less their rectors and their brother-curates. Thus, the movement, viewed with relation to myself, was but a floating opinion; it was not a power. It never would have been a power if it had remained in my hands." (Apologia Vita ua, p. 133.)

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No doubt a great impetus was given to the movement by Pusey, Keble, and others. On and on it went, one tract appearing after another-some very short and pithy, and others long and elaborate, learned treatises, in fact, on Anglo-Catholic theology, containing large citations from early Fathers and seventeenth-century divines, with the view of pointing out a distinction between it and that of Rome as settled by the Council of Trent. The tracts, collected together, form six volumes. They attracted attention; they produced controversy. "These men are going over to Rome," cried multitudes of Protestants," and are leading many more along with them." At last came No. 90. was entitle 1 Remarks on Certain Passages in the Thirty-nine Articles. It condemned any attempt to alter them, and protested against ordinary political methods by which professed reforms are carried or compassed in this day. Its drift was to show that the VIth and XXth Articles, on Holy Scripture and the authority of the Church, were not inconsistent with the Anglo-Catholic idea, that the true rule of faith is not in Scripture alone, but in apostolic tradition; that Article XI., on justification by faith only, did not exelude the doctrine of baptismal justification and of justifieation by works as well; that Arts. XIX. and XXI., on the Catholic Church and general councils, did not mean that the true Church is not infallible; but that the idea of express supernatural privilege, that councils properly called shall not err, lies beyond the scope of these articles, or, at any rate, beside their determination; that Art. XXII., on purgatory, pardons, images, relics, and invocation of saints, only condemned the Romish doctrine concerning them, not any other doctrine on these subjects, consequently not the Anglo-Catholic; that Art. XXV. did not deny that confirmation, penance, orders, matrimony, and extreme unction were sacraments, but only that they were not sacraments in the same sense as baptism and the Lord's supper; that Art. XXVIII. only condemned gross views of transubstantiation, not the mystericus presence of the body of Christ.

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The Articles on masses and clerical celibacy are in like manner explained away. This last tract created a greater sensation than any preceding one. At a meeting of the vice-chancellor, heads of houses, and proctors it was resolved that modes of interpretation such as were suggested in the tract were inconsistent with the statutes of the university; and four tutors, including A. C. Tait, now archbishop of Canterbury, wrote to the editor to say that, in their apprehension, the tract had a highly dangerous tendency. This letter was dated Mar. 8, 1841. On the 16th of March, Newman wrote, acknowledging his authorship of the tract in question. The violent controversy which preceded this publication became more violent afterward. Numbers of pamphlets were written which we have not space to enumerate, and the result was that the tracts were discontinued," but, according to the persistent representation of Newman, "not suppressed." In 1846 he entered the

Church of Rome.

This last event illustrated the tendency of the movement, and the tendency was further proved beyond all question by the numbers who just before or afterward took, under the same training, precisely the same step. The fact is, that in the space of a few years a transition occurred which epitomized the history of the Nicene and subsequent ages. Certain men began by being priestly, ascetic, and catholic, like Chrysostom, Ambrose, and Jerome, and they ended in being Roman Catholic, like Thomas Aquinas and the schoolmen-yea, in accepting ultimately the Tridentine decrees. Dr. Pusey and others have remained in the Church of England, and contend that stationariness is the Tractarian principle; but, however stationary some may have continued, others, who have not seceded, and are still in the bosom of the Establishment, have developed the tendency in ritualistic and other forms, of which neither Newman nor Pusey dreamt in 1833.

The literature of the subject is contained, as already shown, in the six volumes of tracts, and in a large collection of pamphlets and books arising out of their publication. JOHN STOUGHTON.

Tractarians. See TRACTARIANISM.

Tractors, Metallic. See PERKINS (ELISHA). Tract Societies. The word "tract," though commonly applied to small unbound pamphlets, includes also, by derivation and early usage, any treatise or bound volume for general circulation, of whatever size. Tract societies are the most perfect realization yet found of the purpose to imbue with religious truth, by means of the press, the people of all classes and lands. Long before the invention of printing, the importance of multiplying copies of the best religious writings was recognized, for the sake both of preserving and diffusing them. Wycliffe, the English Reformer, wrote over 100 tracts, which were much copied and very useful; some of them having reached John Huss, the Bohemian Reformer, led him to the knowledge of the truth. The wonderfully timely invention of printing opened the way for a rapid growth of this method of doing good. In Bâle there was virtually a Bible society, a colporteur association, and a tract society for France in 1524. Tyndale and Luther both employed the press, the latter with amazing energy, his numerous tracts being eagerly sought for and proving a most powerful agency in the great Reformation, as were also those of Melanchthon, Calvin, Zwingli, and other Reformers.

In the eighteenth century the friends of religion began to associate themselves for greater efficiency in this work, three societies having been organized before 1701 by members of the Church of England-or -one "for the propagation of the gospel in New England and America," another "for foreign parts," and the third for " promoting Christian knowledge." In 1742, John Wesley was issuing numerous tracts and books; Coke and he, forty years later, organized a society for tract distribution among the poor. In 1750 was formed the first tract society in which different denominations united--The Society for Promoting Religious Knowledge among the Poor. In 1790 Hannah More began to issue her famous "cheap repository tracts" in great numbers. In 1793 the religious Tract and Book Society of Scotland was formed. In May, 1799, The Religious Tract Society was organized in London, the Rev. George Burder being the principal mover in this enterprise, which has since become the largest and most efficient tract society in the world. The first year its entire receipts were £2340; now, after more than three quarters of a century, its annual income is about £210,000, and its grants £45,000. It has issued a total of over 18,000 different publications, large and small, and has 10,000 now on its catalogue. Its publications at home and abroad are in 142 different languages, and amount to a total of 2282 millions of copies. It owns no printing and binding establishment, but manufactures all its issues by contract with outside parties. It has three

depositories in London, and auxiliaries at many prominent points of the United Kingdom. It sells largely also "to the trade" and by hawkers or book-peddlers; and in foreign countries it aids missionaries with grants of its own publications, and of money to print tracts in the native languages. Besides this great and undenominational society, each religious denomination in England has a publication board of its own; and the opponents of religion have adopted the same means of disseminating their views. There are also tract societies, in which Christians of all denominations unite, at Paris, Lausanne, Toulouse, Brussels, Geneva, and some other points on the continent of Europe; also at various foreign missionary centres.

In the U. S., where common-school education and a free press have formed an eminently reading community, and where the States of New York and Massachusetts print more newspapers than all Great Britain, tracts and volumes on religion appeared early and in great numbers, and societies for printing and circulating them were at length formed the Methodist Book Concern in 1789; the Massachusetts Society for Promoting Christian Knowledge, at Boston, in 1803, and other societies in Boston, New Haven, Middlebury, Vt., New York, Albany, Philadelphia, Baltimore, and Hartford. Prominent among these was the New York Religious Tract Society, organized in 1812, and afterward continued in the American Tract Society, New York; and the New England Tract Society, organized in 1814, which in 1823 changed its name to the American Tract Society, and in Massachusetts (1825) became a branch of the national society of the same name, then instituted. In the present American Tract Society, Christians of all denominations, and most of the local tract associations then existing, united to publish and circulate whatever would best "diffuse a knowledge of our Lord Jesus Christ as the Redeemer of sinners, and promote the interests of vital godliness and sound morality"-with only this restriction, that it should be "calculated to receive the approbation of all evangelical Christians." Such men, of twenty different denominations, have always been found among its officers, its laborers, and its warm friends and supporters. Its great object is to glorify God and save men by diffusing gospel truths through the press. But there are many subsidiary objects of great moment, such as the following: To preserve in usefulness the best writings of earlier days; to provide a channel through which the best Christian minds of the present age may impart to the world their fresh thought and their growing life; to forestall and withstand that flood of infidelity, licentiousness, and crime which has already produced hundreds of infidel works and thousands of novels, flashy books, and papers full of corruption, and to help give to American literature a truly Christian character; to furnish such publications for all classes-not for Christians alone, but for such as need to be won from their indifference or disabused of their errors; to provide them for all ages, and in forms suited to all tastes; to care for the spiritual wants of foreign immigrants; to aid in giving a Christian literature to foreign nations wherever American influence penetrates; to aid pastors in their all-important work, furnishing doctrinal and practical books for their own use, and writings adapted to every different case arising among their people; to promote and guide revivals of religion and individual effort for the good of others; to furnish these treasures of gospel truth at low prices, and thus give them the widest diffusion; to create a channel through which the charities of good people may flow in judicious grants of the most suitable books for the destitute; and to counteract sectarianism and develop that Christian union which our Saviour makes the precursor of the millennium.

For the first two years only tracts were published, for adults and for children. The issue of volumes, however, was intended from the first, and in the third year volumes began to appear-first, Doddridge's Rise and Progress, then the Saint's Rest, Baxter's Call, The Pilgrim's Progress, etc. In the fourth year monthly tract distribution began to be practised in New York City and elsewhere, and was soon very widely adopted, and has continued to the present day. In the sixth year prominence was given to the value of tracts in connection with faithful personal efforts to save souls. In the eighth year the "volume enterprise" was inaugurated by an attempt to reach every family in the South Atlantic States with one or more volumes. This effort was extended in the next year to include the West, and was very widely prosecuted in many parts of the country. The next step-and an exceedingly important one-was the organization in America of colportage, in 1841, to carry the gospel to the doors of neglected, seattered thousands-at least one-third of the entire population of the U. S.-who would never seek it and whom churches did not reach. Eleven self-denying and faithful men were commissioned the first year, 23 the second year, 76 the

third, 143 the fourth, and before the war over 600 men were employed for the whole or a part of each year.

Another notable point in the progress of the society is found in the establishment of its periodicals. The first three were the American Messenger, the Amerikanischer Botschafter, and the Child's Paper. The American Messenger is a monthly paper, with over 100,000 subscribers. In 1847 the Amerikanischer Botschafter was commencedlike the Messenger-for the Germans. In 1852 the Child's Paper was commenced, a smaller monthly paper for children, beautifully illustrated, and, like the other two, edited with great ability and care. This popular favorite has had a circulation of over 300,000 monthly. In 1871 three new periodicals were added to those above named: the Illus trated Christian Weekly, a beautiful pictorial paper of twelve pages for home and Sabbath reading; the Deutscher Volksfreund (or "German People's Friend"), an eightpage illustrated weekly; and the Morning Light, a small illustrated paper for beginners.

The adaptation of the society to meet new exigencies was illustrated during the four sad years of the late war in supplying 172 new publications for soldiers; and in labors for the blacks, for whom quite a number of books were specially prepared and a large model school opened at Arlington Heights. In these last years also Providence has been opening one by one, in a remarkable manner, doors of access to the Spanish and Portuguese-speaking people of North and South America, the first twenty millions, and the last nine millions, in number. They are the special charge of the Christian Church in the U. S., and this society has engaged in earnest greatly to enlarge its list of publications for them, already over 300. It should also be mentioned that cash grants in aid of foreign missions began to be made in the second year of the society's existence, and have ever since been an important branch of its work, amounting often to $20,000 yearly.

Among results may be mentioned the providing of 6764 distinct publications, of which 1512 are volumes, and others tracts, handbills, etc., the whole constituting a collection of religious literature for our people unsurpassed in the world, many a single tract being worth the labor of a life for the good it has done. Among the home publications are 1560 in eleven foreign languages-German, French, Spanish, Italian, Portuguese, Swedish, Welsh, Dutch, Danish, Finnish, and Hungarian-for immigrants, for many of whom scarcely any other Christian literature is provided. Of the periodicals, a total of 210,000,000 copies have been issued, or, at present rates, 4,500,000 yearly, to 220,000 subscribers. Of the other home publications, over 29,000,000 of volumes have been printed and over 3,500,000,000 pages of tracts—a flood of gospel truth which has certainly told with immense power on the ebaracter and destiny of America. Probably there is no inhabited county in the land where some of these publications might not be found, and no citizen of the U. S. who is not indirectly benefited by their effect. Annual grants to our destitute are made to the amount of over $40,000 worth of the society's home publications. Besides large amounts thus transmitted by our shipping to foreign nations, a total of over $646,310 in money has been granted to aid the missionaries at 70 different stations in heathen lands to print books which the society approves for their mission-work; and thus 4350 different publications have been issued abroad, including over 700 volumes, in 148 languages and dialects.

Of the good results of colportage, a volume might be written, and yet but a small part be told. In forty-three years the society has done a work equal to that of one man for 5544 years; it has sold 11,750,000 volumes and granted 3,027,000 it has made 12,000,000 family visits; and has to a good degree met the wants of a rapidly-advancing population where no bookstores, schools, or churches existed, where the message of salvation would not otherwise have been borne.

The total amount received in donations and legacies, and expended in the charities of the society, is $5,190,000; and the sales amount to above $11,457,000, making a total of nearly $16,648,000 from its commencement to the present time. The business of the society fairly supports itself, leaving all donations and legacies to be sacredly used in its benevolent work.

The American Tract Society of Boston, for many years a branch of the national society, withdrew from it during the anti-slavery agitation, and for a time carried on its separate operations with great vigor, but is now comparatively inactive. The Western Book and Tract Society, at Cincinnati, had a somewhat similar history, but is now working in harmony with the national society.

Besides these undenominational societies, each of the leading denominations of the Christian Church in the U. S. has its own society or board of publication, some of

them large and prolific organizations. We may mention | the Methodist Book Concern, the Presbyterian Board of Publication, the Baptist, Reformed, Congregational, and Lutheran boards. But as they are severally organs of a single seet, details respecting them do not come within the scope of this article. W. W. RAND. Tracy, R. R. junction, Lyon co., Minn. (see map of Minnesota, ref. 10-B, for location of county), in S. W. part of State. P. in 1880, 322.

Tracy (ANTOINE LOUIS CLAUDE Deshutt), Count dE, b. near Moulins, France, July 20, 1754, was educated for the army; was a member of the states-general in 1789; joined the revolutionary party; served in the army under Lafayette was, nevertheless, arrested, but was released after the fall of Robespierre; was made a senator under the empire, but voted for the deposition of Napoleon; opposed the reactionary measures of the restoration, and d. at Auteuil Mar. 9, 1836. He published Grammaire générale (1803), Logique (1805; often reprinted), Traité de la volonté (1815), Elements d'idéologie (4 vols., 1817-18), containing a full representation of his philosophical system. Tra'cy (EBENEZER CARTER), b. at Hartford, Vt., June 10, 1796; graduated at Dartmouth College 1819, and was in Andover Seminary 1821-23; was tutor at Dartmouth 1823-25; editor of the Journal of Humanity 1829-31, of the Boston Recorder 1831-34, and of the Vermont Chronicle 1826-28, and from 1834 to his death, at Windsor, May 15, 1862. Author of a Memoir of Jeremiah Evarts (1845).

Tracy (EDWARD D.), b. in Norwich, Conn., Mar. 1, 1791: went to Georgia and studied law; moved to Macon in 1823; was elected its first mayor, and as such received Gen. La Fayette and his party when they passed through the State; represented the county of Bibb in the house and in the senate at different times; in 1840 was elevated to the bench of his judicial circuit. D. at Macon Feb. 20, A. H. STEPHENS.

1849.

Tracy (JOSEPH), D. D., brother of Rev. Ebenezer C., b. at Hartford, Vt., Nov. 3, 1794; graduated at Dartmouth College 1814; studied theology; was pastor of the Congregational churches at Thetford and West Fairlee, Vt., from June 26, 1821 to 1829; subsequently preached at his native place; edited the Vermont Chronicle 1829-34; was for one year editor of the Boston Recorder, and for nearly forty years filled at Boston the post of New England secretary of the American Colonization Society. His residence for several years was at Beverly, Mass., where he d. Mar. 24, 1874. Author of The Three Last Things (1839), The Great Awakening, a History of the Revival of Religion in the Time of Edwards and Whitefield (New York, 1842), The History of the American Board of Commissioners for Foreign Missions (1842), and a Refutation of Charges against the Sandwich Island Missionaries (Boston, 1844); edited the Memorial of the Semi-Centennial Anniversary of the American Colonization Society (1867); contributed to the Semi-Centennial Memorial volume of the American Board of Commissioners for Foreign Missions (1862), wrote for the New York Journal of Commerce and New York Observer, and was associated with Rev. Dr. H. B. Smith as editor of the American Theological Review for several years. His brother, Rev. IRA TRACY, for several years a missionary to Siam, subsequently a financial agent of the American Board and Congregational pastor in the Western States, was author of several publications, chiefly upon missions, and was a contributor to the Bibliotheca Sacra.

Tracy City, Grundy co., Tenn. (see map of Tennessee, ref. 7-G, for location of county), on the summit of the Cumberland Mountains, and on the Tennessee Coal and Iron R. R., has foundry, steam saw-mill, railroad car and repair shops, etc. Coal-mining and coke-burning are extensively carried on. P. about 1200.

Trade. See FREE TRADE, by HoN. D. A. WELLS, LL.D.; and PROTECTION, by R. E. THOMPSON.

Trade, Balance of. According to the old mercantile theory which long ruled the commercial world, trade was regarded as profitable only as it brought money into a country. It was assumed that the statistics made up at the ports of entry furnished trustworthy data for determining the comparative value of the country's exports and imports, and that the difference between the two must always be adjusted by the transmission of specie one way or the other. Hence the inference that the balance of trade must be in favor of a country when its exports exceed its imports, and vice versa. A better exposition of the principles of political economy has shown that the theory is false, that the data are uncertain, and that the inference is unfounded and misleading. The theory rests on the idea that money alone is wealth. But money con#titutes but a small fraction of the wealth of an individual, a nation, or the world, and its value consists simply in its

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utility as an instrument of exchange. The true advantage of foreign trade is found in the imports. By means of it a people obtain things which either they cannot produce at all, or which they must produce at a cost beyond that of the things exported to pay for them. As Mr. Mill says, "Commerce is virtually a mode of cheapening production," and "tends to the general increase of the productive powers of the world." Trade between two nations is profitable when it yields to both this advantage, made evident by the fact that with each the value of its imports exceeds that of its exports. This supposes the estimate to be made of the exports as they leave and of the imports as they come in. Just here it is that the custom-house statistics are fallacious, since the exports are stated at their value here, and imports at their value in foreign countries. It is to be noted, further, that the custom-house returns omit altogether some important phases of the trade, and the old theory of the balance of trade sets down the real profits of the trade as against the country. This may be illustrated by one of the two hypothetical or real cases thus presented: "American merchants ship to London beef, boots, etc., worth in New York $100,000,000, worth in London $110,000,000. The avails of the sale are invested in British goods worth in London $110,000,000, worth in New York $121,000,000. The custom-house returns show for the transaction exports $100,000,000, $110,000,000; balance against us, $10,000,000. And yet imports the merchants have made a profit of $21,000,000 real benefit to the country." Again: "There are shipped to Cuba wagons, etc., worth in Baltimore $1,000,000, in Havana $1,100,000. The proceeds are invested in cigars, worth in Havana $1,100,000, in Russia $1,210,000. The avails are invested in Russia iron, worth in Venezuela $1,331,000. This is sold, and invested in South American products, worth in Spain $1,464,000. There the avails are invested in olive oil, worth in Australia $1,610,510; sold there for gold, which is brought home. The custom-house reports $610,510 excess of imports over exports set down against us, though the excess is so much profit received in that which, according to the theory, is to be considered above all things else real wealth."

The profit of a prosperous foreign trade must appear in imports whose value exceeds that of the exports; and under a sound condition of finance it is of little consequence whether the surplus brought in takes the form of money or of goods. For Americans there is one aspect in which it is of great importance that the balance of trade should be studied. It is with reference to what we are actually purchasing our imports with-whether with real products of our present industry or with promises to pay in the future. The sum-total of evidences of debt in the form of government bonds, railroad bonds, etc., which have gone abroad is enormous; the annual interest on these makes heavy drafts on our national wealth; and it is the dictate of wise economy to pause and consider how the balance stands, lest we push our credit till dishonor and bankruptcy are made inevitable. A. L. CHAPIN. Trade, Board of. See BOARD OF TRADE.

Trade'-mark. A trade-mark is a distinctive word, mark, symbol, or device affixed to an article of trade to indicate its origin or ownership. Very few products bear in their own external appearance sufficient evidence of their real character to protect the purchaser against fraudulent imitations. Integrity in manufacture and uniformity in quality are sought for by all users and consumers of merchantable goods, and when, by long experience, the public have learned to associate these with a special brand, the wide and profitable sale of articles bearing this brand is assured, and the exclusive possession of their distinguishing mark becomes, therefore, valuable and important. The trade-mark is a guaranty of genuineness, and its value is proportioned to the business reputation of the owners and the excellence of their manufactures.

A trade-mark may be any sign, word, symbol, or device not descriptive in its character, and not used by others on the same kind of articles or goods. As a rule, the simpler and more arbitrary a trade-mark, the less liable it is to be evaded by colorable imitations. If it embraces complex figures, one similar in general effect, but in reality quite different, may be adopted by a rival in trade, or a portion only may be taken; if it bears some real or apparent analogy to the article itself, or to the name of the maker or place of manufacture, it may be open to cavil as a mere label. The validity of a trade-mark, unlike that of a patent for an invention or design or a copyright on a printed work or a work of art, is not dependent upon its novelty per se. The same mark may have been used upon a hundred articles, and yet be quite valid in its application to still another. One manufacturer may appropriate the well-known collocation of letters IX L as a trade-mark

for cutlery, and another may appropriate its use for woollen 'stockings. So also of symbols: the figure of a lion may be applied in designating the cream cheeses of a dairyman, the cans of a tinsmith, or the volumes of a publisher, and each will be secured in the exclusive possession of the symbol for his own especial class of goods, the genuineness of which will be guarantied by the symbol, just as in medieval times the dictated messages of the untaught barons were authenticated by the impress of their signet rings. But a trade-mark is not fully a trademark until actually affixed to an article of trade and for commercial purposes, although the commissioner of patents has decided that a trade-mark may be registered, in accordance with the patent law of July 8, 1870 (since virtually replaced by the act of 1881, as hereinafter set forth), previous to its actual use, the applicant for registry stating in his application that he proposes to use the mark upon a certain specified class of goods. The law in question, it must be remarked, is designed to supplement, not to supersede, the rights secured under the common law, and, when preferred, actions for infringement, instead of being brought in U. S. courts, may be proceeded with in State courts in the same manner as before the passage of the act. This law provides for the issue of certificates of registration protecting the use of the mark for a period ordinarily of thirty years from the date of registration, after which time the remedy for infringement lies in the common law. But trade-marks owned by persons in foreign countries affording rights of registry to American citizens may also be registered here, but the function of the regis tration will cease with the registry abroad, and the trademark will be remitted to the same position as by expiration of the term; but in all cases the trade-mark may be reregistered if application to that effect be made to the commissioner of patents six months before the expiration of the original term. The countries with which the U. S. by treaties and conventions has reciprocity in trade-marks are Austria and Hungary, by the convention proclaimed June 1, 1872; Belgium, by the treaty of July 17, 1858; France, by the treaty of Apr. 16, 1869; Germany, by the treaty of June 1, 1872; and Russia, by article to former treaty, Jan. 27, 1868. Canada, by her Trade-mark and Design act of 1868, permits the registry of American trade-marks, and such is believed to result in Spain from a ministerial decree issued in 1873; Great Britain, by the Merchandise Marks act of 1862, provided for the protection of trademarks, and this was considered by our patent office as equivalent to a convention. But this makes no provision for registry. The date of adoption and public notice of exclusive claim could, however, be put on record in Stationers' Hall, London. On Aug. 13, 1875, an act of Parliament provided for the registration of trade-marks.

As possession of a trade-mark is assumed to rest upon natural right, and not exclusively upon statute law, it might reasonably be inferred that any one could register and be protected in the use of a trade-mark, but it has been plausibly argued that many persons are excluded. For example, a trade-mark being no mark unless upon an article of trade, the person registering must, to a greater or less extent, be a trader, or, at all events, his position must not be wholly inconsistent with trade. For instance, it has been averred that a person inhibited from the pursuit of traffic by reason of clerical or monastic vows would be debarred. But with this view the writer cannot coincide. That an insurrectionist in arms or an alien enemy might be refused registry or protection is manifest; and the same would be true of one under sentence of outlawry. The opinion held by some that one pronounced non compos mentis by judicial authority would be incapable of holding a trade-mark is doubtless also correct, but in this case the right would inure in the hands of his legal representatives. The patent office ignores the disability of married women, under the laws of some of the States, to do business in their own names, and registers trade-marks without reference to local limitations. This is just, and it is doubtful if even the narrow spirit, in this respect, shown by the old common law would permit or warrant the flagrant wrong involved in the appropriation of an established trade-mark on any such ground as this.

A firm or corporation making or selling any vendible article may hold a trade-mark, and it is to such that the term "any corporation" is assumed to be limited in the statute. It is uncertain whether one registry will cover the same mark or symbol for an entire class of articles, or whether it must be registered for each variety included in the class. For example, whether a device can be registered broadly for, say, agricultural implements, under a single certificate, or whether separate certificates must be secured for hoes, spades, ploughs, etc. The former plan is followed in the practice of the patent office, but the latter is, for many reasons, to be preferred. In the first place, it fol

lows closely the analogies of the patent law as concerns inventions. Again, it avoids the objection of non-user, which might hold should a portion of the articles enumerated cease to be manufactured; and further, it enables the infringement of the trade-mark as applied to one article to be met without calling into question its validity as applied to the others.

It is difficult within the narrow limits of an article to make plain the delicate shading that in many instances defines the boundaries of a valid trade-mark. It is true that a geographical name is not a trade mark, although it may form part of a label (see LABEL), yet "Congress Spring Water" for mineral water from the Congress Spring at Saratoga, "Rockland Lake Ice," for ice from Rockland Lake, N. Y., and Codorus" for a peculiar iron ore found in Codorus township, Pa., and for iron and steel made from that ore, have all been adjudged to be lawful trade-marks. They have been thus sustained because the owners of the marks were sole and exclusive owners of the products within the geographical limits indicated by the name, and the words could not be truthfully applied to articles produced anywhere else. It is also true that in general a proper name cannot be a trade-mark. Yet when the name is of such character that it affords no opportunity for two or more manufacturers or dealers of the same name to correctly indicate the origin of their wares by the same cognomen, a name may form a valid trade-mark. Thus, Bismarck gloves or Kossuth hats or Roger Williams cloths or Garibaldi guns or Paul Jones whisky would be valid trade names. This is based upon the idea that none of the historic personages indicated, nor others of identical names, have ever engaged in the fabrication of such goods, and in all such connection the term is fanciful and arbitrary. In England the name Wedgwood has been judicially held to be a proprietary mark against all comers, but this is in reality more in the nature of a label than a trade-mark, and was sustained rather on the broad principles of justice protecting against unfair competition in trade, than by the strict application of the rules that are now deemed requisite in the administration of trade-mark cases properly so termed. Pseudonyms, if arbitrarily chosen, may be used as trademarks, and so may a person's own signature or its facsimile, the shape of the latter making it an entity distinct from the name itself as displayed in the common or conventional imprint of type. It is true that a fanciful name may be a valid trade-mark, and frequently constitutes a most valuable one, but this fancy name must not either truly or falsely attempt to indicate the character of the article to which it is appended. If such indication is true, the mark is descriptive, and is properly a label; if false, the mark is void on the ground of fraudulent suggestion; thus, "Balm of a Thousand Flowers" was held by Justice Duer to be unworthy of protection. The compound was set forth as "the very balm and extract of healing blossoms," and was in reality a solution of highly-scented soap. So also an heraldic symbol may be a valid trademark, and per se would be so held in this country. But if registered abroad, and there declared invalid because included in the arms of some existent family, the validity of the mark in the American market might very properly be disputed on a transcript of the foreign judgment. A person cannot monopolize the national insignia of any country, but the connection therewith of his name or of another word or symbol may form a perfect trade-mark. The adoption of Masonic emblems (and by a parity of reasoning those of similar organizations) as trade-marks is not recognized by the U. S. patent office, and their use as such would probably be denied by the courts of this and other countries. Simple letters and numerals are among the most treacherous of trade symbols, being the most open to evasion on plausible grounds. A clean-cut, newly-coined word, not purely descriptive or grammatically derived from pre-existent terms, is perhaps the best, and after this a word indicative of excellence, but not descriptive. Of such the word "excelsior is perhaps the most common. Probably the article whisky has been the subject of more deleetable trade-mark names than any other; "magnolia" and "nectarine" may serve as examples. An occult suggestion of superiority, more readily appreciated than defined, is frequently an important element in attracting attention to an article, and terms having this characteristic constitute very available trade-marks. Figures of animals, or even of reptiles, form striking trade-marks, and allegorical representations, if not too complex, are also good."

But care must be taken that the mark makes no false suggestion. Thus, "Night-blooming Cereus" was declared void as a trade-mark when it was shown that the perfume to which it was applied was made not from the flower, as was pretended, but from other substances. If it had been the product of distillation from the flower of that name, it would, however, have been void for a quite different