The Sun.
London, England, 1855-05-01 00:00:00

If they believe that there is no danger of considerable
abuse, and if they prefer to wait until the effect of the pre-
sent measure has been felt and developed in practice, so as
to see whether any additional remedies are needed, I can
make no objection to that course, and therefore I shall not
think it necessary to press this clause. (Hear, hear.)
Mr. DISRAELI—I am very glad to hear the right hon.
gentleman has come to that conclusion. He has told us
that as the law now stands newspapers have a right to
copyright. No doubt there are many rights which exist
at present, but which are never asserted. There is the
right of free warren, for instance. (Hear, and a laugh.)
I know a great meny individuals who possess that right,
but I don't suppose there is any one who would exercise it.
The hon. member for Manchester has spoken of our press
as compared with the American press, and has alluded to
the fears of those who apprehend that very injurious con-
sequences are about to ensue to our press. Now, I believe
myself that the tendency of this alteration in the law is to
assimilate the press of this country to the American press.
The tone of the American press is not occasioned by laws
of this kind, but that tone is lower than the tone of the
English press because it is the press of a younger country
—(hear,'hear)—and, therefore, there are many influences
at work in England which have elevated, and which will
raise for a considerable time, the tone of the English preset,
because that tendency is to lower its enterprise, the
amount of capital invested in it, and the degree of talent
enlisted in the exercise of its functions. We have, how-
ever, at the present moment opportunities of counter-
acting to a certain degree what we may consider the in-
jurious effects of the proposition of the Government in
this particular case. I think we are bound, if we do not
admit a-copyright—and lam myself opposed to any such
admission, because I think that, in the first place, it is
on a great scale impossible, and in every respect vexatious
—I say I think we 'are bound to facilitate as much as
possible the competition of the newspaper which invests
and employs a larger capital, and which engages a
greater amount of talent than all those journals which
are in a very different and contrary position. (Hear.)
My own opinion is, that the proposition of the Times
newspaper, which has been alluded to this evening by
one or two members in a certain spirit of derision, is a
just and sound proposition ; and if you say that you will
give no copyright to &newspaper at present existing, you
aro bpund to facilitate in every possible manner, its means
of competition with all other journals which may pirate its
news and its intellect. At the proper time, therefore, I
shall support that amendment which will propose that
newspapers should circulate by the post without any limi-
tation of weight. I think, under these circumetanceseyou
will be able to remove to sonic extent the injustice which
must necessarily be committed, and which no one can doubt
in theory exists as regards the newspaper which invests ca-
pital and engages talent, when placed in opposition to the
journal which does neither the one nor the other. But,
practically, will it happen, that an established London
newspaper existing on the,present scale will suffer by this
kind of competition ? I doubt it. At the present mo-
ment (as has been remarked almost to surplusage in this
discussion) the system of piracy exists. At your club you
may receive information of what occurs in this house this
very evening. You can get the news of the debate there,
but does that prevent you from taking in the morning pa-
per which gives you that debate more at length and more
authentically ? The same principle occurs when you come
to compare the circumstances of a distant town with those
of the metropolis. The public will always go to the foun-
tain head. There is no possibility by any piracy, or by
cribbing in the contemptible mode in which all these forms
of larceny are executed, of your competing with the origi-
nal article —that which appeals to your sentiment, your
reason, and your sense of utility in a thousand ways which
the stolen articles fail to do. And I feel persuaded that
we shall not in the long run lower the tone of English
journalism provided we study, byevery possible means, to
facilitate the communication of intelligence. lam asked
to give a copyright in news. Now, my idea is, that it is
my duty to facilitate the communication of intelligence,
and, in order to facilitate the communication of intelli-
gence, I must not give a copyright in news, but rather
devise some mode by which intelligence can be circu•
lated, so that the largest number of people in the country
can become acquainted with it. An hon. gentleman, anti-
cipating that the principle of copyright in newspaper liter-
ature might be conceded, has ventured to maintain that
the only condition on which that principle ought to be
conceded is, that no copyright should be allowed in the
case of anonymous literary compositions. By the present
law of England we do not in point of fact give a copy-
right to au anonymous writer, because it is the possessor
of a copyright and not the creator of a copyright, who by
our laws possesses a vested right in the composition. (Hear,
hear.) lam far from inclined to throw any discourage-
ment upon the proposition of my noble friend the member
for Northumberland ; indeed I have more than once had
the pleasure of conversing with him on the subject. No
doubt there is something that recommends itself to every
manly mind in the principle that every one should be re-
sponsible for the sentiments he expresses, but if you come
to practios, it is very doubtful whether you will be able to
secure that result. (Hear.) What law can you devise by
which yon can secure that the writer of a leading article
in a journal should certainly be known to every one who
reads that article? You may pass a law making it incum-
bent that a name eshall be signed to each article in a news-
paper; but what name will appear? (hear, hear.) How
can you secure that it will be the name of the writer ?
No doubt there are circumstances under which such a law
would increase the authority of the press. The writer who
bears anillustrious name would not hesitate to sign it, and
thus increase the influence of the artic,c, and the circula-
tion of the journal; but the writer who does not bear an
illustrious name, though he may sign one that may become
celebrated, will hesitate before he signs it ; and you may
have one, formal and technical, but utterly inoperative
for the purpose you require, and the result will be far
from bringing under your scrutiny and supervision the
names of those you suspect or wish to become acquainted
with. My noble friend has spoken to-night of the
calumnies of the public journals of this country. My
noble friend thought himself justified, no doubt, in
the remarks he made, from certain circumstances which
may be fresh on his mind and memory ; but I think,
on the whole, that my noble friend expressed an
opinion that cannot be justified with regard to the news-
papers of this country. That they may be arrogant, that
they may employ the liberty which, fortunately for this
country they possess, in a manner which some of us inay
often regret, is very possible ; but that the general tendency
of their labours is to maintain the public spirit of the
country and to guard and uphold the public liberties, I
think no impartial person can for a moment doubt. (Hear.)
Several hon. members, and particularly an hon. gentleman
opposite, have referred to-night to an anonymous writing.
Why, sir, anonymous writing is not the exceptiom, but it
is the rule of the literature of this country. It (toes not
apply to political literature alone, but it applies, on the
contrary, to the whole of the literature of the country.
Who wrote " Thomas a Kempis ?" Nobody knows. Who
wrote the " Whole Duty, of Man ?" Now, there is a book
which every one of us ought to have studied—(a laugh)—
which for generations our predecessors have stvdied—and
which has had more editions than any book in the world,
and which is not a scandalous book, a libelldus book, or a
political book, but which is an anonymous book. (Hear.)
I noticed some anonymous works that occurred to me when
the hon. gentleman was speaking, and leaving the higher
order of literature—the religious literature— Thomas a
Kemple" and the " Whole Duty of Man," let me ask .
who
was the author of " Waverley ?" An anonymous rWho was the author of "Robinson Crusoe ?" An anony-
mous writer. Who was the author o." A Vindication of
• Natural Society ?" Why, he was onf e,who became after-
wards one of the most brilliant ornaments of this house, to
whom we are always referring as the most eloquent of ora-
tors, the most profound of sages, and if we refer to him as
a statesman it is only to abuse the Whigs for net having
placed him in the Cabinet. I mean Mr. Burke. What
are the most brilliant performances of political literature?
What are these works that were written by one who in this
house occupiedthehighest post, whose am ne will ever blives
e re-
remembered, and whose oratory, though a tradition,
in the memory of the nation—l mean Lord Bolingbroke.
Whatare Lord Bolingbroke's works? All those works which
we are continually quotiog are anonyineus. When told of
anonymous writing, I referred naturally to the most bril-
liant and permanent creations of the imagination—and I
find that the finest poem in the English language, if for a
moment we forget Shakspere—the " Essay on Mae was
'an anonymous work. (Hear, hear.) Really, therefore,
when we remember those instances which have only this
moment occurred to me, and recall the hundred other
examples which might be referred to, it is too absurd, in
speaking of anonymous writing, merely to appeal to the
leading articles of a newspaper, or to the political letters
to which the hon. gentleman has referred. (Hear.) I
cannot help thinking that in effecting a vary great change,
which in its original conception I believe to have been
just, but which, as applied by the present Government,
seems to me to be uncertain, cumbrous, and unsatisfac-
tory, we have in this instance to combat and meet a diffi-
culty which it is in vain for us to cope with. We cannot
give to the rumour, or to the whisper of the day or of the
hour, even if authentic, the same permanent privileges
which we would give to an epic poem or to one of those
histories which are possessions for ever. We are bound to'
give to the communication of intelligence the utmost faci-
lities which the law will permit, and the provisions of
this bill, which are to limit and restrict the circulation of
newspapers or works, on which so much intelligence is ex-
pended, so much talent employed, and so much capital
used—the attempts to restrict the privileges of the post-
office according to the weight of the paper, by singling out
the particular qualities which make it interesting to the
multitude are, I think, not to be tolerated. But while you
assert that all the news a journal circulates, all the
charms of thought or expression it may diffuse, cannot
have that n3iserable privilege and monopoly of a few hours
which has been suggested, while you assert that that
would be incompatible with our civilisation and the age
and manners in which we live, at the same time it is in-
tolerable and not to be endured that we should by artifi-
cial restrictions hamper the circulation of intelligence. Let
me impress upon the committee that it is our interest that
the newspapers in this country should be supported by
the capital and fed by the intelligence of the country, be-
cause it is only by this mode that we can retain the supe-
riority of the English press, and maintain that superiority
over the American newspapers to which the hon. gentle-
man has referred. (Cheers.)

---
Lord LOVAINE 'rose to explain that he had not pro-
posed to compel the authors of any articles, except those
who claimed the right which would be conferred by the
present clause, to sign their names. No man was more
ready than himself to acknowledge the talent which was
displayed by the writers in the public press, but it was
the maxim of English law that no man could have a right
in another's wrong, and upon that principle he thought
that leading articles in a newspaper which contained libel-
lous matter upon individuals ought not to come within
the protection of the law.
Mr. J. G. PHILLIMORE did not think that the " Essay
on Man," referred to by the right hon. gentleman oppo-
site, was published anonymously, and as to " Thomas d
Kempis," it was written by Thomas d Kempis, the author
of another treatise entitled " De Imitations Christi."
Mr. DISRAELI was sorry that the hon. and learned
gentleman disagreed from him, but ho had in his possession
a copy of the first edition of the " Essay on Man," and he
could state that it was published anonymousW. Who
Thotnas it Kempis was he thought no one had ever known,
but if the hon. and learned gentleman could inform him he
would be much obliged for the information.
The clause was then negatived.
Mr. MILNES rose to move a clause enacting " that every
periodical publication that shall be printed and published
at intervals not exceeding seven days between the two
consecutive parts or numbers of such publications, and the
superficies of which shall not exceed 3,500 inches of
printed matter, shall be entitled to the said privileges of
transmission and retransmission through the post, if duly
stamped with the appropriate die of lir.' provided always
that such publication shall be subject io the terms and
t
conditionsi imposed in the third clause of this act." He
fehimself, he said,
the member for Bucks had, his
in a peculiarly difficult position in
right honourable
moving this clause, because "
subject, anticipated almost everythingln
to friend
dealing
h e had with i
na
tneont(hi
eedr
say with regard to it, and had in his eloquent
Speech, Bo
as
compelled
dteliya (aleagrlteat
he w with the subject that
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