The Sun.
London, England, 1839-02-28 00:00:00

" I do not understand the message sent to me about the
American edition, &c., as Capt. Marryat gave up all claims
that way, and sold me the exclusive copy for three years, and
has no right to send a copy of the manuscript to any one.
The defendant was much surprised at such an answer, as
it was directly contrary to the truth ; and then, for the
first time, he discovered that it was the intention of the
plaintiff to claim a copyright in the Phantom Ship over
the whole world. The defendant had also discovered that
the plaintiff, who had purchased a work entitled the Flying
Dutchman, which was written upon the same story as the
Phantom Ship, and in opposition to, it intended to take ad-
vantage of the postponement authorised by the agreement
of the Phantom Ship, to bring out in the meantime the
Flying Dutchman, which would in all probabability
most seriously injure the Phantom Ship. In conse-
quence of the claim of the plaintiff to a copy-
right in all countries, and the course intended to be
pursued by him with respect to the Flying Dutchman,
the defendant consulted his solicitor, Mr. Powys, as to the
legal effect of the agreement, and was advised by burn
that it was in his power to publish the work either in Paris
or America, as copyright in this country was founded on
statute and not upon common law, and did not extend to
countries where those statutes had no operation. The
letter of Mr. Powys was shown by Mr. Howard to the
plaintiff, accompanied by a statement that if the plaintiff
should sacrifice, as he intended to do, the Phantom Ship
to the Flying Dutchman, the defendant would send over
to Paris a manuscript of the former work to be published
there. Mr. Howard also added that if the plaintiff
would call on the defendant the matter might be
arranged. To this communication the plaintiff re-
turned the following answer:—Mr. Colburn does
not think under the circumstances that he ought to go to
Captain Marryat. If Captain Marryat wishes to put an
end to the agreement, Mr. Colburn must request him to
make any proposal in writing, based upon the continuance
of the story in the Magazine. The plaintiff also stated to
Mr. Howard that the Phantom Ship was very bad, and
that he had paid too much for it. In answer to this the
defendant wrote to the plaintiff, stating that he would meet
him both ways; that as the plaintiff had stated that he bad
paid too much for the Phantom Ship, he would give him
back his bills and cancel the agreement on the plain-
tiff returning him his manuscript; and as the de'
fendant agreed with the plaintiff that it would injure
the Magazine if the Phantom Ship were not con-
cluded in it, he would allow the plaintiff to continue
the publication of the Phantom Ship until the de'
fendant should publish the work himself, the plainta
paying so much per sheet. The plaintiff returned no
sorer to that latter, but on the 15th of February the pla;Atin
wrote the following note to Mr. Howard
Dear Sir,—On due consideration I feel compelled to
decline any resale to Captain Marryat of the phanton
Ship. I have not time to-day to answer the Captain's
letter as regards the other matters, but I will do so on
Monday. " Yours truly,
" H. COLBURN•fI
Since that period, Captain Marryat hP.d received no coin'
munication whatever from the plaintiff, except that on
Saturday last he was served with the exparte injunction
the Court, and upon this answer the L earned Counsel now
moved to dissolve that injunction, which had been obtained
without any right on the plaintiff's part and by the suppression
of facts which would give a very different complexion to the
case. The Learned Counsel, after contending at some lengtb
that by the law of copyright as it at present existed, the
d
defendant had a right to publish the Phantom Ship in nee
part of the world except England, concluded by exptesP
ing a confident hope that the Court would dissolve the
junction.

Mr. CHANDLESS and Mr. BACON followed on the sanie
side.