The Sun.
London, England, 1839-05-02 00:00:00

of the leaders of either party. The Hon. Member for
l3ridport, thought it was very important, and he (Mr.
Hobhouse) would support him while he persevered in

his present course.
Sir E. KN ATC H BULL said the whole of the de-
tails which the Hon. Member wished to discuss migl,t
be debated on bringing up the Report, as suggested by
the Solicitor-Genera, and this might be done on some

other day than Wednesday.
Mr. JONES said, if the Hon. Member had divided
the House in this manner on some important clause, he
could not have objected to his doing so if the House
had not been sufficiently well attended ; but really he
was now dividing the House on a matter of form.
Mr. GODSON wished the House to divide until
seven o'clock in the morning, and to have no more

speaking on the subject.—(Laughter.)
Mr. WARBURTON said he would agree to the
Ist and 2d clauses being taken, provided the 3,1 should
stand over, as it involved the principle of the Bill.

The House again divided, when the numbers were—
For the motion 9
Against it
Majority 54
The House again divided.
For the Motion
Against it
Majority

... 56
~.. -47

On our return to the gallery, we found
Mr. WARBURTON on his legs. He said it had
been always represented that the authors were a wrong-
ed party.—( Cries of " Question.") As the House was
likely to sit for so many hours, he would endea-
vour to amuse it by making, a few remarks, and
he trusted the Honourable and Learned Mover
and other Members would do the same.—(Laughter.)
He contended that the Hon. Member had made use
of an artifice in conducting this argument, which would
justify the most absurd notions ; be had contended for
an indefeasible right in the authors to their copyright,
which only existed in the limbo of vanities, with the
rights of man, the social compact and other absurd
theories. He hoped other Hon. Members would as-
sist in passing the time until seven in the morning, in
producing more amusing arguments.
Sir G. STRICKLAND protested against the false
positions assumed by the Hon. Member for Bridport.
He could never agree that the absence of Ministers
constituted a reason for not discussing a Bill.—( Hear.)
Mr. WILSON PATTEN said the Hon. Member
for Bridport was eating his dinner in the House (Mr.
Warburton was eating a biscuit) while ho was keeping
other Members from theirs.—(Cheers and laughter.)
He had robbed the Learned Sergeant of his right to a
fair discussion, And the Hon. Member for Kilkenny, of
the company of some who should have dined with him.
The Committee then divided, when their appeared
For Reporting Progress 6
Against it
Majority —sl
On our re-admission we found Mr. WARBURTON
on his legs, stating his intention to renew his motion,
unless they could come to some understanding.
The Committee again divided, when there appeared
For reporting progress
Against it 64
, Majority —s7
The Committee again divided, when there were—
For the Motion
Against it 6l
Majority in favor of the amendment —53
Mr. O'BRIEN said, that for the honour and dignity
of the House, he hoped these proceedings would not
be published. He would therefore move, that in com-
pliance with the Standing Orders, strangers should
withdraw.
Mr. Sergeant TALFOURD was most anxious that
this disgraceful opposition should be published.
Mr. MACLEAN deprecated such farcical pro-
ceedings.
Mr. WARBURTON said the Hon. Gentleman had
assumed the fact, for it was nothing better to discuss
this Authors' Bill on a night when Hon. Members were
not in their places. He would admit that all the authors
came to support the Hon. and Learned Gentleman, but
there was not a fair attendance.—(Here the cries of
‘, Divide" were repeated.)
The Committee again divided. The numbers were--
For the motion 5
For the amendment 72
Majority for the amendment
Strangers were then excluded for a long time.
On our re-admission we found clause 2, as amended,
was ordered to stand part of the Bill ; and
Mr. WARBURTON stating the clauses to which
he objected.
Mr. Sergeant TALFOURD would accept no favour
from the Hon. Member—he would enter into no com-
promise with him. He would not share with the Hon.
Member the odium which must attach to him for the
course which he had taken.—(Cheers.)
Mr. WARBURTON was quite willing to take upon
himself the whole judgment of the public for the pro-
ceedings of that night. He knew when he began his
course that it was one which would not be popular
in that House, and from the public he expected a dif-
ferent judgment. He had no objection, if the Solicitor-
General or any other had any objections to make, to go
into the discussion, but he must decidedly object to any
decision upon that, the most important part of the Bill.
The SOLICITOR-GENERAL certainly objected
to fill up the blank, as proposed, with the word sixty.
lie would propose that a short period should be given
after the death of the author, in order that his exe-
cutors should have time to make the arrangements ne-
cessary, whether it should be three or five years he did
not well know, but he should suppose that three years
would be quite enough for the purpose he intended.
Mr. WARBURTON said if there was any under-
standing that it was at all likely that that amendment
would be carried he would not object to it, nor
to the House proceeding with the Bill. It was so
small a deviation from the law as it at present stood
that he would not think it worth while contending for.
The CHANCELLOR of the EXCHEQUER, as
ono of the friends of his Learned Friend the Solicitor
General, could not accede to his proposition, because it
would be giving up the whole principle of the Bill.
Mr. DARBY objected to thim proceeding with the
Bill under the threat held out by the Hon. Member
for Bridport, that if the House agreed to the propo-
sition of the Solicitor-General he would allow the dis-
cussion to go on, but that, if not, he would revert to the
course which he had previously pursuCd.
Sir G. STRICKLAND said that much of their le-
gislation was carried on by compromise, and he trusted
that, upon the present occasion, the opposing parties
would be enabled to meet each other.
Mr. WARBURTON said, that according to the
mode in which the blank was filled up, so would he
shape his course.
Lord MA HON said, if they were to discuss that
Bill, as they did others, let them go on, but if the
Hon. Member for Bridport intended to resume the
course lie had followed before, they had better pro-
ceed to it at once.
Mr. WARBURTON would most certainly reserve
to himself the right to shape his course according to
the manner in which the blank was filled up.
Mr. Sergeant TALFOURD was very glad to find
that it was at length conceded that the House was
competent to discuss the Bill—(Loud cheers.)
The filling up of the blank with three or
five years, would be absurd, because, in fact,
it would be in many instances limiting the protection
enjoyed under the present law. He would moat cer-
tainly propose that the blank be filled up with sixty
years, and the House would dispose of it ; but lie
trusted that they would not allow the Hon. Member
for Bridport to go on with .the game of " heads, I win,
and tails, you lose." They might as well again revert
to those eloquent divisions which had already taken
place.
Mr. W. ATT WOOD would cite only two instances
of the opinions of celebrated authors upon this point.
Dr. Johnson was no mean authority, and his opinion
was that author's should have the right of Copyright
for a period of one hundred years. The other was an
authority to which even the Hon. Member for
Bridport would defer. It was the opinion of
the French author, Sieyes, that the property
of an author in his works was of the moat sacred de-
scription, and ought to last during his own life, the life
of his wife, and of his children.
Mr. WARBURTON said it seemed to be forgotten
that any extension of the rights of authors was a rob-
bery upon the public, and the opinion which had been
quoted of Sieyes was an opinion in support of absolute
nonsense. The House ought to fix only such a term of
years as would prove a sufficient inducement for authors
to write good works. Every year after that was taken
from the public, and would be a great encouragement to
plagiarism ; by ingenious devices they would have long
extracts from works, or the words little altered, and
and probably not bettered. For the credit of authors
themselves he thought they were not justified in
filling up the blank with a long period.
The CHANCELLOR of the EXCHEQUER
thought the public ought to make some sacrifice on be
half of authors, and he proposed that 31 years be sub-
stituted for 60. If so long a term was proposed the
public feeling would be against it.
After a few words front Mr. Gladstone, Mr. Darby,
and Mr. Hayter, the House divided, when the numbers
were—
For the motion
Against it 27
Majority for the 60 years —lB
Mr. WARBURTON then moved that the Chair-
man report progress. 8
For the motion..
Against it
62
Majority ......................
Mr. WARBURTON then moved that the Chair-
man do now leave the chair, when the numbers were—
Ayes .........................................
707
Noes
Majority —63
Mr. GODSON said, that the House having decided
against the Hon. Member for Eridport on the term of
60 years his only wish could be to see the Bill destroyed,
and that that question must be decided on the third
reading, and he would therefore put it to him if he
would persevere in detaining the House all night.
Mr. WARBURTON believed that the introduction