LITMIR.BIZ

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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 and Lord Mahon, and give completeness to their achievements, by carrying a corresponding measure through the American Congress. Till then, we must leave them to their responsibilities in "extending the area of freedom," which are, just now, too great to afford them an opportunity of doing as much for the area of copyright.

      Meantime, I may safely say, that public sentiment cannot but mature into an eager desire of the consummation: not because of its justice, but because of its policy. I should look for a triumph of principle, rather than of interest, were I not pained to observe how seldom political leaders in America are wont to address the conscience, and rest any cause upon abstract right. The fathers of the republic knew better than to leave the moral powers of the people unexercised; but their successors seem to lack such faculties themselves, or to doubt their existence in the people. The copyright measure, however, may be safely left to the national sense of expediency. America is beginning to feel the value of literary eminence, and must be pardoned, on this account, for absurdly overrating at times the little that she already possesses. You will be surprised to see in how many ways her literature suffers by her present laws, and how safely avenging justice may be trusted to repair its own injuries. Let me show you.

      The political theorist would say beforehand, that under the proposed copyright law the people would be deprived of cheap books; and this is one of the popular delusions that experience must dispel. The present laws do indeed make books very cheap, if cheapness is to be estimated only by the cost per copy, and if legibility, convenience, durability, and honesty are to go for nothing: and if the price which a whole nation pays for such books in many serious losses, is also to be excluded from the calculation. The present laws encourage the rapid manufacture of such books as will sell rapidly. Novels and light reading of all kinds are thus multiplied, to the exclusion of more valuable books, which sell slowly; and in consequence, an entire nation becomes infected with the depraved appetite of mawkish school-girls. But these novels must be printed at the lowest rate; for being unprotected, some one will bring them out as cheaply as possible, and he who does so command the market. Thus book-making becomes a mean and debased art; and books are crowded upon the public, at prices merely nominal; having much the appearance, and sharing the fate, of newspapers, which perish in the using. At the same time, these worthless books affect the prices of all books. Valuable works required for libraries must be printed with the least possible investment of capital, or not printed at all. If any one undertakes such publications, he must stint the editor, shave the papermaker, grind the printer, starve the stitchers, and make the binder slight his work. This is the kind of "living" which the report of Congress says is furnished to thousands of persons by the republishing of English works; and such it must be, where every publisher has to make books to sell.

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