The Express.
London, England, 1849-01-17 00:00:00

on.) Byes Jame" Yeses said, Is "Miller v. Taylor" (4
Banews) : hest mons', the tole proprietor of any copy
say deiteinsise whether he will prise it or sot. up psr-
moss lakes it to the press without his 'sagest, be is eer4iniy a
, thesek le ease by it by legal means, or by loss
err reLvidensa foe he treargresess the bounds of
kis must, and therame is • heigaseer. It is "utak every
use hos a eight le keep his own sentiments VIM plums ; he
hue musialy a eight se judge whether he will make them
pub& or cessimit them soli to the might of his fries& la
that state, the msanemnipt is, is every emu, kiiissfeseliar pro._
rximitellbsineleaa
as take it freizilsits, es=
yse4ipsect
violable at his ." Thug ore the words of Mr.
Juane, ?arcs, the t.l whom judemest in "Miller o.
Tighe" we ere all esquisted with. 14ow, this puteetios
by the unmet' law el 11=1'
with Ile oeseeneses abs g y
seaset evaded, I eggeduad, W • Pessimism.
erercast's trudge,
ge, mainsail- by Lord Hardwiske, wee a
tresnalleth Thu then is the "see et as abeidgmest or •
num • revs, pr ohms to twat it the roma character
Oho week reviewed, to analyse or cheese it, and to show,
hem the mates's, some nesse' hr the praise or Opals
whisk it may partieshrly due
• week lawfully pub-
lished is the sense of the term Mods, in this tempest,
I esseeive,d hem • work that bell UMW bees is
that vale. The Soma may be bids to be IfSWOOSII,
abridged, asegmd, or inhibited in morsels, esesplimested or
treated orboolos. • maser is whisk the latter I. set.
ort=Yemen, haul ef • transiaties, or abridgment
tlie ease cif a eatalegeo. Sapp we a mu to have
composed a 'gaiety et homy weeks, whisk are insocent
(to use Lord lildes's exprendes). smd whisk he hue sun
or published. Suppose • loteuladge el them should
printed
by some unseregaiess pees, who prints, with
a Mew to eiresiaties, a deseripdve catchy" or mere list of
the memaseripts without his authority or sossest. Does the
law slow this ? 1 hope and believe set. The same pricei.
vise which roust seers amid missymast, I usenve,
geese. this Wm. By the pu blssl et a work that a per-
son lime written to parthisler perms, or is pannier sub-
bhe may M .speed sot merely to sucesna, bat he may
raised. Then may be lb his possessive retuned letters
that be has writhes to looser ourespendests, the pbliestion
of which. however harmless the comissateatices
were at the time, may set is after life be a rooms-
memistims, se his writings may be otherwise quoted
as aquaria, la so meet with his outward babies
or his worldly respects. There are mailings even now in
whisk to be sosvieted of literaten is dangerous. The
mosseeripts may be thou of • man, is secesat of whose
same or lame a mere list would be • matter of plural
caning How many persons could be suationsd, the
publisatios of a catalogue of wham unpublished writings
would, daring their lives or afterwards. con sand • ready
sale ? The gees:ion, however, dose sot turn epos the
lota amusat of the mischief or sdvantage lost
or foist& The author of the manuscript, whether
be Is hems or obseare, high or low, us a rght
he mg of them, whether light or heavy, entertaiUag
or dsll, windbag soluble or wasehable, they shall not with-
out Ide newest be puttied, 'Ed, I think, to use a dishesset
Imeggiedige of them far the guru ely composing and rib
Ming, sad so mom sod publish. a catalogue of them
sweets to a of this winds the principle and
. theme. Asemmkg *slow le he so, what is its foundation ?
Is this respect It Me set rehrimes te any considerstions
smog Manny. Thies with whom our umnion law arigi
sated had at violably their may merits that of
beteg pantos of letters; but knew the duty sad se-
emly of protecting property, sad with that grunt object
laid down rules providently expansive, rola capable of
artdtheenenvee to the various forme and modes of pro-
lyalat gems and cultivation might discover or intro-
restallisseK metal labour, thoughts sad sentiments
sad gettemed, hecanie, as knowledge went onwards,
whoa the oakum if men's understandiog 'deuced, • kind
el posperty impoodbio to disregard, and the interference of
median hoiden= as the 'abject, by the statute of the Bth
of OWNS Awe proUring by its title to be for the
eniessigusent of learning, and using words for
that peopese—whether it operated is augmentation
at diminution of previous rights, having left them
to mug extent untouched, it was still said that the common
law provided for their mourity, at least before publication,
with the writer's °mut. The species of thing in which
property Is claimed ought to be particularly considered in
deciding the question whether a nght in it is invaded, and
how the invasion in a particular came should be prevented or
redressed. This class of property is by its c cot oor-
poresl at all, or not so exclusively corporeal as to require to
be &feuded against corporeal stunts. But it is is
the principle of protecting property that the con-
sea low in cans not aided nor protected by
the striate shelters the survey and privet thoughts or
sestisiesh emamitted to writing designed the author to
remain sot geserally known. Isis has, in e , bees oftes
.11'41814y &shred, .or by goy judge mores distinctly thee by
Lord Bides eta several emeasioos. I have washed all the
cans which I have bees able to meet with coaartstingeure.
cadent, for is jennies, awl I tad that they all os
the greeted ef Oh pregmty is the plaintiff. 8 beteg, es
I balleveithe where tin& -hssisoss of the common !w aste
ammasiefils independently et parlisseatary addltiosa and
its apostles smut of amenity be mailasd to
The. maid he to limit the rule by the
the palms of labour is liable to inn-
sisalkan malsgestmesmor there must be, I suppose, stills
to =slogs= proliseties ar redrcu. Such I consider the ease
of methinissl verbs en weeks of art executed by • rue for
his private OM Whatever protection these may hue by
the est of pediment. they are not, I apprehend, de-
serted by the comma law. The principles and rules
whisk it applies to literary_ composition' sad ma.
swipes rasa to a masidsrablo extent be applicable
to these, she. Yr. Justice Yates, is "hl War and 'Taylor "
(4 Busews, 2,336), says that an author's case was exactly
similar to that of as inventor of any mechanical tome*.
sent. His warts are " Both origtaal iaventions stand
upon the ease footing in point of property, whether the care
be raselesic,l or literary, whether it be an epic poem, or
an missy. The investor of as as well as the author of the
other km a right to determine whether the world shall see
it or set."—Property in aechartical works or works of art
executed by • mass for his own amusement or in-
strnetim es allowed to sabsist certainly, sad may
before publication by him be invaded, not merely
by copying, but by a description or catalogue as it appears to
me. A walnuts of such works may of itself be reliable. It
may electusily show the bent and turn of mind, and feeling,
and tame of the artist especially if not professiotal. The
portfolio of the studio may declare us much as the writing-
desk. sees may employ himself in private in a manner
very 11111111611, but which, if disclosed to society, might de-
say the smart of him life, and even the SUM'S of it.
Brayer, hoverer, has a right to say that the productls
of his private hours is am moons liable to publication without
hi eismot, because the ribliestion might be creditable or
Is him the it would be if it were otherwise.
iasemir sheathes specifically to the particular in-
tim. the murk vs cannot but see that the etchings,
helg onsseted by the plaintiff and his consort for their
r isZisso7-beieg the produce of their private lobour—be-
he themselves, they were entitled to retain in • state
of gdenegomd *withheld them frost publication ; and that
Nita Wok kftully clear, was not lot by UN linutad
eimmtesieeliss Idle they appear to have made, nor was
it essfiesi is the pelting or taking impregnate without or
bleed lb* semist tram the plates, which were their
undailai pesgarty. It extends, I conceive, to the pre-
walks at plemaso who have unduly obtained a knowledge
of the lialisele“ the plates, Irons publish* at lest, by
use w* udmeriptioa of them, whether mere or
is the fora of a summary or emoiegue.
Bat I ameatisami. I repeat,. that the means of aspensg
and hestios the catalogs. in question must, on the maim
isle ham the *art, be taken to have been obtahmed
duly, list list is, without the caught of the plaintiff or
his Nowt, and without say right to do so. =eel,
equitable, or legal. Can I then deny it to be as
imageries* with aaether's property ? I thUk not. The
&ballast appease to am se ham-bees seal% LEI: um
ter his ma ps& of that whisk bar set so him.
That the Masse ever sting ensd T:86.11k• was
to be so maw ism ma mad thst it would be
mg saleable espies wools be and that edition
shun es wowidtstersaperehesstowlit mama the
Wag"pasha's hem an
& set erg an so
eseelg it or goasseal bilrestamo el the
eimillassaal, or the net W Wally or mem* reined
Moe en mess genii) ,• hat on mem& of the slid owl
eshohniel port of the pulsations. What, bummer, MI be
the delindratemaimuthat atm poem but 1118 maw al
Se Sham to them ? It is foe them to lass or bestow,
etohsal improseioss, sr ma a stranger be
album= that they 511 sot. They (the owners) an
shoe to geoid* when, sad bow sad for whew ad-
=their property shall be asadi use of. I think,
set wily that the defendant here is an-
iseed* the plolatilrs right, but that
:Lilt. iambs is et such a kind, es it affects
this pirspe as le Wine the plaintiff to his pre-
sent aeensiy lejeseliss, esti if not the more, yet cor-
bel* ese thellB/4 imam it k aa laminas. an mabocamiag
'ad emesesely istrumismes intrasioa set aim • hued' of
convestiesal mums, hat efsesim to that Inmate mass of
propriety which is asthma awl hervaion ems
fitly describe that whisk b a snail wing hits the Plitet7
a domestic life—L* bomm—• woldi Whale hurts

antesett hi—fats the here at a family whose private life
hoe set /heir only magesideeable tide to the meet narked
rrispos. its pin the seetreiat that bee bees imposed as
the Maim;ly cemempostly, what I as sot Sow at leeet
Mimi to de.
lib Law them oilorki to tbs gambol et tits admit-
elbllll, of the salamis esstmlemi rit ow saliva& filed
Z a the anemias cf the stem& medal for an injuae.
essi=the Mesas. .1 /*--sellea at the latiatioa to
led bees hienoW te be stem, bet was held
Ireelliset dna =ee I wad, OW stating that la led
bawl the isotemelem that the tact, do-
gs* latgagg, dos alliatem was she work-
willikim:Antlisewo, wee sambaed to be Wee, his
Mom meld. miaow hi this maimmust,
those amps' . lowa the mild&
te le ha Ware the most, et
S •
mom of immesh el west, to sake It right sot et
iirsem sift% at all events, of the came, to take die
of s mat st by sa the uses the, bat to tofu*
L---.....ttritetidish wadi is le eamthate the it
ire M*kaVerialLsZoorill.' amiZZdag
tail *Mk lig MA tan* Oboe. mai min an
imeisamblog am poems the man. em imae is " v.
Weire" - ate Ibm diNgsmem. Thu 1110-
Ilia Is Ms misimpasyke lab afre, is sesemml alaisial, he
alb militia Ile sari way, wait that, his Roan sop-
peel. sit meraka of acts sot to emitted. Mae aimed
as
aftsmog why both suits shedlose he bawd Is out Matey