Blackwood's Edinburgh Magazine, Volume 62, Number 385. November, 1847.. Various

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СКАЧАТЬ is frequently the very reverse of its design. By the constitutional provisions, it would seem apparent, for instance, that the president of this confederacy must always be the choice of a majority of the nation's wisest men, themselves the free choice of the majority of the people. Yet here I have lived under three successive presidents, General Harrison, Mr Tyler, and Mr Polk, not one of them succeeding by the free choice of any one, and Mr Tyler against the suffrages of all. The undefiled patriotism which is the hypothesis of the constitution, does not exist; party, which it seems hardly to anticipate, carries every thing; and parties are ruled by cabals. Thus the greatest national measures, instead of originating with the people, and taking shape in the hands of their servants, are begotten in closets and conclaves, dictated to time-servers and adventurers, and forced on the people, they cannot tell how – but in the name of democracy and freedom. Yet, after all, public opinion is important, because when even demagogues are inclined to do right, it is fatal to their action if public opinion be wrong. For this reason, it may be well for you to understand how far public opinion has advanced with regard to our question. Its progress has been slow, but I believe always in the right direction. Things promised well, when the Oregon dispute became the occasion of an unnatural animosity against Great Britain, and every measure which she was supposed to approve. In the hurly-burly of wind and dust that was blown up under that passing cloud, it is not to be wondered that Dickens and copyright were as completely forgotten as orthography, etymology, syntax and prosody, and whatever else goes to the art of using language correctly. A strip of land that would not purchase the copyright of an almanac, became the subject of the fiercest congressional interest; and the rights of authors, and with them the noblest relations of the republic to the other estates of the world, for the time were wholly lost sight of. "Copyright" then passed into a watchword with some of those underlings of literature, who thought to ride into favour as Cobden has been carried into fortune, by taking the tide at its ebb and ("like little wanton boys that swim on bladders") invoking the flood, as if their yelping and outcries would bring the turn any sooner. A copyright club was got up, it is said by a mere clique in this city, to which, from the mere justice of its proposed ends, large numbers of respectable men, throughout the country, gave in their nominal adhesion. I am not aware that it has accomplished any other result than to favour some ambitious young gentlemen in acquiring the autographs of eminent persons abroad, with whom they opened an officious correspondence; for it has been very generally voted a humbug, and has served to disgust many with the very sound of "copyright," which has thus been degraded into harmony with the scream of "Repeal" and "Free Trade." For awhile, none joined the vociferation, according to my informant, but persons whose stake in literary property was about as deep as the grievances of others in England under the income-tax, or the impost on wheel-carriages, hair-powder, and coats-of-arms.

      From temporary stagnation, however, the question has again revived; and during the last six months it has been debated in the daily newspapers, with very encouraging tokens of an improvement in the moral sensibility of journalists. Even the tone of those who oppose the progress of principle, has become so much modified, that they rather excuse than defend the existing laws, representing them as practically less grievous than is imagined. A journal which has signalised itself by its resolute anti-copyright spirit, endeavours to support this representation, by asserting that about as much is now paid to British authors, for their proof-sheets, as would ordinarily be paid for their copyrights! It is asserted in this gazette, that Bulwer receives regularly from one hundred-and-fifty to two hundred guineas for a copy of every novel, which he sends out in advance of its publication in London. For similar proof-copies of their works, James is said to command very nearly as much; and such writers as Dr Dick, of Scotland, from fifty to a hundred guineas. What of it! It is plain that if a single edition of such books be worth these prices, the copyright must be considerably more valuable; and one would think it apparent, that such occasional premiums have no more to do with justice, than a levy of black mail, paid by its victim, because he would fare no worse. The New York Express exposes the sophistry of its contemporary, by simply asking what is paid to authors of less reputation, who may possess even superior merit; and The Literary World– a periodical of The Spectator class, – though it growls a little at Punch, and now and then takes too much in dudgeon the provocations of Maga, by no means allows its moral optics to be put out, by the pepper occasionally thrown into them by foreign jesters and critics. Perhaps it should be added, as somewhat significant, that Mr Bryant, the poet, a prominent democrat and editor of the New York Evening Post, has exerted himself in behalf of another memorial to Congress for justice to authors; which is the more observable, because Mr Legget, his late coadjutor and intimate friend, was perhaps the most radical writer on the other side that has ever appeared in this country, and regarded the maintenance of his extraordinary opinions as essential to genuine democracy. It seems evident to me that no one's political creed will be able to exclude much longer a principle, which, if not instinctively discerned to be sound by every man's conscience, commends itself so much the more forcibly to him who subjects it to a rigid and thorough examination.

      So much for those great manufacturers and exponents of popular opinion, the periodical and daily press. The influence of "the trade" is next worthy of consideration; and I shall be able to report as favourably of it. Although the "Boston memorial" was the doing of a convention of booksellers, who faithfully represented, at that time, the sentiments of their brethren of the craft, it is now very evident that they are generally ashamed of it, and that another such convention would be very likely to terminate in precisely the opposite result. The North American Review 6 some time since announced the conversion of no less important a personage than the chairman of the committee which emitted the remarkable memorial itself; and the gentleman is certainly to be congratulated upon the improved condition of his moral health. Perhaps you saw in The Times– I think it was in May last – the letter of an eminent American publisher, who not only resented the impeachment of his professional species, as "the Fagins of literature," but adroitly retorted the compliment upon divers respectable houses in London. You must have noticed his declaration, that the commercial house of which he is a member has uniformly exerted its influence on the side of right. With some qualification, I am happy to say that I believe the worthy bibliopole claims no more than his due. Theoretically, his house has encouraged the copyright movement; but I hope I am mistaken in fearing that it has not always exhibited a practical consistency. The "Proverbial Philosophy" of Mr Martin Farquhar Tupper was lately published in Philadelphia, with an announcement, by the author himself, that his publisher had purchased the privilege of its manufacture and sale; and this announcement was accompanied by an appeal to respectable booksellers to regard the moral right, in the absence of legal protection. The book has had remarkable success, and more than one publisher, who would be called respectable, has shown himself too weak to resist even the poor temptation to disregard this reasonable claim. I am sorry to add, that an advertising sheet is now lying on my table which describes the "Proverbial Philosophy" of Tupper as part of Messrs Wiley and Putnam's library of choice reading. Perhaps this internecine piracy among booksellers themselves has had something to do with the convictions of the craft, that the protection of authors would be their own best defence and security.

      It needs now some resolute friend in Congress, and the copyright measure would not long fail of success. Unhappily, the gentleman who seemed best fitted for this purpose, and whose former exertions deserve honourable mention, Mr Senator Preston, of South Carolina, has retired from his public career, under the depressing influence of disease; and my knowledge of the public men of America does not enable me to mention any one who will immediately supply his place. Few men of letters sit in Congress. It is too much the paradise of hack politicians and menials of party. Great questions of right have little interest in the eyes of such men. Nothing gains from them a natural patronage, unless it be capable of being manufactured into "political capital." It is surprising that the Americans endure the selfishness with which their legislators will devote the greater part of a session of Congress to personal intrigues and private interests, while great national measures, demanded often by the whole people, are trifled with, or absolutely neglected. The great matter of "cheap postage," for example, though strongly urged by the mass of citizens, without distinction of party, can scarcely gain a hearing; and the fate of literary property must be the same, until some one arises to emulate the examples of Talfourd СКАЧАТЬ