The Sun.
London, England, 1847-01-16 00:00:00

THE SUN, LONDON, SATURDAY M:ORNING, JANUARY 16, 1847.

THE LAW OF COPY RIGHT.

The trial just brought to an issue by the representa-
tives of the late Dugald Stewart and Messrs. A. and B.
Black, in Edinburgh, as involving important legal
points, and disclosing some curious literary facts, we
think worthy of some special notice. The relative po-
sition of author and bookseller has been one too fre-
quently beset with unpleasant suspicion and dissatisfac-
tion, arising mostly from the utter ignorance of authors
of the details of publishing, and of booksellers of the
pangs of authorship. We are glad, therefore, when a
searching trial like the present discloses nothing but the
liberality and honour of the bookseller, showing that a
truly liberal sum had been awarded, acknowledging the
power of the author, and the estimation of the public•for
the really excellent.
The last Copyright Law settled that the articles con-
tributed to a periodical belong to the proprietor of such
periodical, but cannot be published separately without
the consent of the author. In the present instance it
was endeavoured to be maintained by the representa-
tive of " Dugald Stewart," that the Essay (although
1,600/. was paid for it,) was intended only for the " Sup-
plement of the Encyclopsedia Britannica," and not for
the re-edition of that work, incorporating all the sup-
plementary and much additional matter. The evidence
of Mr. Robert Cadell, and other authoritative witnesses,
however, put the matter in so strong a light that the
idea was considered preposterous, and an immediate
verdict was given for the defendants.
. .

During the trial, the magnitude of the expenses of
this truly national work, the "Encyclopedia Britannica,"
seventh edition, in 21 volumes, quarto, was shown, and
it was proved to have been no less a sum than 125,6671.
9s. 3d.—a sum which, when considered as the venture of
two private individuals, is truly creditable to our native
enterprise and energy.
This amount of course includes every item of expendi-
ture, among which the following are the most important:
Contributions and Editing £22,590 2 11
Printing
Stereotyping
Paper
Bookbinding 12,739 12 2
En3raving and Plate Printing 11,777 18 1
For the contribution of the Dissertation in dispute,
Dugald Stewart received from the firm of Constable and
Co. 1,6001, and for the accompanying Dissertations by
Sir James Mackintosh and Sir John Leslie. the present
proprietors of the Encyclopedia paid 1,0301. The cost
of Professor Playfair's Dissertation is not precisely
stated, but if paid for at the same rate as Sir John
Leslie's, it could not fall short of 5001. For editing the
volume, the sum of 3301. was paid, bringing up the total
expenditure for the literary labour of this volume alone
to 3,4501.

Of this outlay only 106,526/. had as yet been returned
to the proprietors, but we trust that the sale of the
stock, which, as it embraces the works of so many cele-
brated men must continue for many years, will ultimately
reward the spirit and energy of its projectors. —Douglas
Jerrold's Weekly Newspaper.

asaembled O
this
day
aFy
WESTMIN STER H.OSPITAL.
(From the Lancet.)
OPJEANR.AITILOANSnumUbNeDr
oEfßsuTr
gHe oRn s
INFLUENCE
ETHER.
in the operating theatre of the above hospital to witness
certain operations, performed by Mr. Hale Thomson, on
patients rendered previously insensible to pain by the in-
halation of ether. The vapour was administered by Mr.
Robinson, dentist, of Gower-street, to whom society is
much indebted for the invention of
which the ether may be l emp oyed with security and cer-
tainty. The first patient was a woman of middle age
suffering under condylomatous growths from the labia.
After an inhalation of about four minutes, the patient
was pronounced in a state fit for the operation. The
morbid growths were then dexterously removed by Mr.
Thomson, without any expression of pain on the part of
the patient, and without any signs of suffering apparent
on her countenance. The only indication of the nervous
system being awake to the operation was the spasmodic
action of the lower limbs, which took place at the mo-
ment of excision; but it was quite obvious that this was
an excito-motory phenomenon, and had no connexion
with sensation.
On the completion of the operation, some wine-and-
water was given to the patient, who seemed awakening
from a dream, and appeared for some minutes uncertain
of her oa n identity, and of the reality of the new world
which was opening gradually to her senses. Her man-
ner was that of a delirious person communing with her-
self, and exhibited a strong manifestation of Dr. Wigan's
theory of the duality of the mind. After sundry eja-
culations of wonder and surprise, she turned her head
on her pillow, and recognised one of the physicians as a
"real man," and discovered, to her infinite delight, that
she was still a denizen of earth, although her next ex-
clamation, that she thought herself in a " beautiful
heaven," exhibited little gratitude for her temporary
transition to a celestial abode. Upon being told that she
was to submit to an operation, she said she knew it, and
was ready ; and when informed that the operation was
over, seemed unable to believe it. A little hysterical
crying, the combined result of apprehension, wonder,
and delight, followed, and she was taken back to her
bed. Before we left the hospital we learnt that she was
fast asleep.
The second patient, a young man, was operated on for
phymosis. He was ready in about four minutes from
the commencement of inhalation, and the operation pro-
duced no evidence of the presence of sensation. Indeed,
in his case, there was an absence of the excito-motory
movements exhibited by the female patient. Some little
time elapsed before the ligatures were completed, and the
last was passed after he had to all appearance recovered
from the stupor caused by the operation. He evinced
the return of sensation by an ejaculation of pain, but
relapsed immediately into a forgetfulness of the opera-
tion, being more intent upon the •6 delightful dream"
which he had just experienced than upon the dull realities
around him. On being asked if he had suffered pain, he
said that he had felt nothing ; and upon being further
interrogated as to his sensations, replied
ethat he would
answer the question to-morrow. k the would
rmtahlee
patient, there was a little hysterical sobbing aefi
ton of
operation, apparently occasioned by the
re
int of fact, a
in
previous illness and suffering ;so that, po
regret,
surgical operation has now come to be a source of
as an enjoyment too quickly passed away.
The impression made by these operations on the minds
t"
ed Mr.
of the gentlemen present, among whom we ne le
rasmu s,
White, Mr. Guthrie, Mr. Ferguson, Mr. B w!t
son, and Mr. Fisher, appeared to be one of perfect satisd-
t
facion, an Mr Robins on was deservedly congratulate
on the success. of his mechanical contrivance for the
administration of the vapour.

---
GOVERNMENT AND THE DRAIN,
AGE ACT IN SCOTLAND.
At a county meeting held here last week, s me im-
portant information was communicated by our Sheriffdepute, W. Fraser Tytler, Esq , with respect to the
Drainage Act, and the views of Government. The
t?iirrmG George
resolutions of the county had been transmitted to
s eGrey, and on the proposed extension of the
Drainageeor Act the greatest readiness and liberality had
been evinced by the Home Secretary. So early as Oc-
tober
last, Mr. Ty tier had been in Correspondence on
this subject, and the following is a passage from a letter
of Sir George Grey :
" I should recommend that any parties who wish to
have the question decided, should state in their applica-
tion to the Inclosure Commissioners the exact nature of
the work which they propose to effect, and in respect of
which the advance is sought; and there, probably, would
be little difficulty in determining whether the application
is one which can he complied with under the provisions
of the Act."
On this suggestion, M emb
r. Tytler said, he at onceacing
for-
warded an application to the Commissioners,
such an extension of the Act as he had advocated in his
correspondence—namely, for the improvement by drain-
age and trenching 400 acres, of which about 150 were
arable and 250 waste land, of a highlY improveable na-
ture. He took care to follow, as implicitly as possible,
the course prescribed by the Act. Ilis
applicationthe was
immediately acknowledged by Mr. BiaMite,
articular
Commissioners, who stated, that " as all the p
required by the 14th section of the
Act had been set
forth in the application, they would have no difficulty in
issuing the requisite notices prescribed by section Is."
No more satisfactory proof of the favourable disposition
of Government with regard to this important measure
could be given ; and Mr. Tytler added, that to the eat-
and intelligence with which Mr.
nest zeal, ability,
Blamire discharged his duties as a commissioner under
the Act, the landed interest of Scotland was under thd
greatest obligation. The scheme of an amended Act
kiting now committed to him, gentlemen had only to
look to the spirit of Mr.
Blamire's letter of the 24th
0, tober (inserted in all the newspapers), and to his re-
marks on the report of the Highland Society, both o
w hich have been printed by order of Government, to be
satisfied that the interests of this part of the kingdom
coulu not have been placed in better hands.
This opinion of Mr. Fraser Tytler's is, we believe,
general throughout the north, and we trust
Mr, 131 a mir,,
will be able to extend the Drainage Act
into
Land Improvement Act (including draining, trenching,general
fencing, and other requisites of rural cultivation)
will be a great benefit to the landed interest, which
being of inestimable advantages to the labour- besides
That this will be accomplished is now generally g classes.
and, accordingly, applications pour in to th f believed,
Commissioners from Scottish proprietors e Inclosure
Courier. • Inverness
—..........•................,

.., s THEATRE.--SigEOFR HER ]MAJESTY . .
al dancers of - Carolina
Rosati, one of the five principal
has at rived in London.
BATHING INFIRMARY, MARGATE:
Thursday Court__ of the governors of
ROYAL SEA
quarterly
in they ear for the relief of the
this
el
gi with medical attend-
diseased poor, by means of sea b.
n at a trifling expense, was held at the London Coffee
hill, the Rev. Dr. Russell in the chair. The
alli,teee Ludgate-
mini tes' of the last meeting having been read and confirmed, a
report from the board of directors, relative to the appoint-
ment of six additional surgeons to the infirmary at Margate,
was taken into consideration, and after considerable discus-
sion it was agreed, " That it would, in the opinion of that
Com t, be to the interest of the institution to elect six visiting
surgeons, one of whom should attend at the dispensary each
daN , except Sunday." During the year the number of
pat' onto who had been in the infirmary exceeded 700. It
was
ale, agreed that the board of directors should appoint all
officers receiving any emolument, except the house surgeon,
wl o should for the future be elected by the governors
g' ene-
raly- A committee having been appointed to confer with the
nit dical board as to the duties of the new visiting surgeons,
the 'meting separated.
TROTTING MATCH FOR TWENTY POUNDS.—ThuTS-
(Ey, the match between Mr. Lovell's horse and Mr. Rowley',,
cob, to trot two miles in harness for 10/. a side, came off on
Wimbledon Common. At the start, the cob got the lead,
wbich he kept up to the conclusion of the first mile, which
was covered in three minutes and a half. The turn was then
made for the goal, and after a good race, the cob came in the
winner—the mare, having broken out to a gallop,
was pulled
in. The two miles were accomplished under seven minutes.

LITERATURE.
BOGUE'S EUROPEAN LIBRARY.
HISTORY OF THE FRENCH RE VOL UTION.
By M. Mignet.—HISTORY OF THE COUN
TER-REVOLUTION 1N ENGLAND. By Ar-
mand Carrel.—LlVES OF MICHEL ANGELI,
AND RAFFAELLO. By Duppa and Dequfrfcy,
With a continuous regard not only to what is cal-
culated to be popular, but likewise to what is certain
to be instructive and entertaining, Mr. Bogue con-
tinues this important and valuable serial with unabated
industry and unstinted enterprise. We at first
conjectured that the title of the series would prove
rather ostentatious than suitable. The publication
has continued to remove that false impression from
the moment of its first appearance. Every volume
issued has a peculiar interest of its own, a peculiar
value, and a peculiar excellence. Sometimes it is
critical, sometimes biographical, but it is most his-
torical. And the history is no mere compilation of
periods with which the veriest tyro:is familiar for if a
work is ever issued at all partaking of this cha-
racter it is invariably one of conspicuous worth, either
by the eminence of its author or the excellence of
his production. Above all, the price is singularly,
trifling. For what would formerly have only pur-
chased a pamphlet or a magazine, the subscriber
receives a composition fit to be enshrined upon his
bookshelves for frequent consultation, and for not un-
frequent reperusal. Besides this, the paper is good,
the typography clear and readable, the printing of
the neatest description, and the binding of an elegant
simplicity. The merits of the miniature history
of the ever-memorable and, in all respects ever-
glorious " Revolution in France," by M. Mignet,
require no detailed celebration. We know no
small history so solid, so compact and so shrewd.
Every sentence contains the greatest possible amount
of information in the fewest possible words. Mignet
has none of the amplification of Thibondeau, he is
devoid of that surprising passion of enthuiasm which
imparts so much of animation to the pages of Theirs,
and which, whether he is writing of Danton or Na-
poleon, elevates him to the dignity of a Hero-wor-
shipper—a man capable of appreciating all the subli-
mities and goodnesses, all the heights and the depths,
all the harmonies and the contradictions of those great
names which history has invested with immortality.
Still, though without these most estimable qualities,
Mignet possesses others of the highest importance—
calmness, penetration, lucidity, and a comprehensive
benevolence. The goddess before whose throne he
makes his reverent genuflections is Liberty. The
human tribunals whose authority he can alone
admit is the people. He abhors tyranny as
he does war, and loaths fanaticism, whether
religious or political more than either the vice of
despots or of warriors. In Carrel we have a simile
disposition and a congenial spirit, only more purified
from the acerbities incident to one plunged into the
consideration of complicated and tumultuous scenes.
With a valour like that of Bayard, Armand Carrel,
the accomplished and chivalrous editor of the
National newspaper, had the simplicity of
a child and the tenderness of a woman.
So loving and forgiving was the nature of
Carrel that we can almost picture him to ourselves
weeping over the nameless grave of the young Saint
Just—that youthful terrorist who with the black hair
floating over his shoulders, and his beautiful counte-
nance inflamed with emotion, used to be the voice of
Robespiere in the Tribune of the Convention, and
the arm of Robespiere among the battalions of the
northern army. We can almost imagine Carrel weeping
over the grave of Saint Just seeing that he more fully
than any one else, would have recognised that the
crimes of the young tourist originated in his affection
and loyalty, for the people, and in his passionate
idolatry of freedom. He would have seen that the
sentiments which fanaticism had contorted into a
cruel and almost diabolical brutality, were in the
abstract divine, and sprung from nature. So
exquisite, so benignant, so elevated was the soul
of Armand Carrel, who was born at Rouen on
the Bth of May, 1800, and who was shot dead in
a duel by M. de Girardin, in the Bois de Vincennes,
near Paris, on the 22d of July, 1836, Emilie de Gi-
rardin being the editor of La Presse, and Armand
Carrel editor of the National. It is pleasant to think
that over the humble tomb erected to this noble-
hearted republican in the churchyard of St. Mande,
his memory will be perpetuated to posterity by the
admirable bronze statue from the chisel of David
(d'Angers), " representing. Carrel standing erect, the
right arm extended before him, his head slightly
thrown back, in the haughty attitude he bore when
he evoked the shadow of Marshal Ney before
the House of Lords." That famous apostrophe, " de-
livered in a sonorous, vibrating, and solemn voice,"
is justly characterised by the writer in the Galerie
des Contemporains Illustres, as " une des plus mag-
nifiques efforts d'eloquence dans ce temp-ci: As an
utterance from that same mind, this narrative of
" The Counter-Revolution in England " is thrice
welcome, especially as it is, for every English-
man, invested with a national interest. We
observe that Carrel, like all preceding his-
torians of the epoch of the Protectorate, is
tainted with the same blundering misapprehension
of Oliver's character which Mr. Carlyle has so
nobly vindicated within the past twelvemonths. The
former says that his Highness's career was blurred
by "that most odious and degrading of all human
vices, hypocrisy." We are afraid, from this expres-
sion, that Mr. Carlyle would include Armand in that
category of false writers which he has scorned under
the soubrignet of " Dryasdust," and that he would
place this history of the counter-revolution
among " the old blockhead books." In so doing,
as far as Oliver Cromwell is concerned, he would
be right. But not further. There is the impress of
a firm, candid, generous, man-loving, God-loving
spirit in the pages of this volume. It can win its way
without the penny-trumpet of puffery. Of the
companion biographies of the two greatest painters
and one of the greatest geniuses the world ever saw,
namely of Raffaello—the divine Raffaello—and
Michael Angelo, by M. M. Duppa and De Quincy,
nothing whatever need be said, saving that the
translations are mostly accurate, and here and there
extremely graceful. The original biographies, of which
these are the reprints, have already acquired more
ueat knowram not
ere
has
m a matter
ae t
r w
rei
is
tettehni
this.
contradiction
by
In
m the.
Q elegant
em
which
than an European celebrity. They are beautiful I
versions of the careers of two extraordinary men.
We are surprised
crept into the life of Raffaello, and w
whether to attribute that contradiction to misappre-
hension of Mr. Hazlitt, or to a flaw in the French
volume
of. Raffaello, The
de Quincy, in the Biographie Universelle we re-
member perfectly well that he denies the story of
that great artist having visited Florence during the
residence there of Leonardo da Vinci ; indeed' he
impossibility
me-
moir
so far as to undertake to prove the • • •
y of an
interview between them, by
making out an alibi in
the case of Raffaello. Yet in page 205 of the present
volume, we find these words put into
same Quatremere de Quincy :—" There is no
anywhere of an intimacy between them (da Vinci and
Raffaello) at Florence ; but it is certain that they
were
both resident there at the same time." There
is
beautiful medallion likeness of Michael Angelo as a
frontispiece. Mr. Bogue has made a noble endeavour
in his "European Library" to diffuse
use some really
useful knowledge among the multitude.

ILLNESS OF MR. MORE O'FERRALL, M.P.—The,
Evening Post says :—" We much regret to hear =of tWel
serious illness of the Hon. Member for Kildare, Mr. Moie.
O'Ferrall, by which he will be prevented from going over
to England on his Parliamentary duties at the commence-
ment of the season."

• REPRESENTATION or WESTMINSTER.—Thursday a
meeting of the electors and inhabitants of St. Margaret and
St. John the Evangelist, Westminster, was held at Mr.
Glanville's club-room, the Coach and Horses, North-street,
for the purpose of taking into consideration the most eligible
representative in Parliament for the city of Westminster.
Mr. George Corrie took the chair. After some discussion, a
resolution was put and carried, approving of Mr. Geo. Thomp-
son as a fit and proper person to represent the city of West-
minster in Parliament.

present
arrangements, T
her
Majesty
E andiNG .—theAPcrcionrcde i ng
Consortto
will proceed to London by • l •
special train from Slough, on the
forenoon of Monday next, the 18th inst.
escorted to the
station at Slough by the First Life Guards,,
and
on Tuesday
the Queen will open the session of Parliament in person.
On Wednesday her Majesty will remain at Bucki •
ngham
Palace to receive the addresses of the two
Houses, and
•n Thursday the Queen and Prince will return to Windsor
Castle.
The various ornamental woods lately brought from
New Zealand surpass every thing of the kind known to
the cabinet-maker of this country. The company havo
certainly shown, through Mr. Seveir, a very intelligent
German, who was a settler at Wellington, not only the
extraordinary rarity and beauty of these woods, but to
what elegant purposes they may be applied. A visit of
inspection to the New Zealand Company's House in
Broad-street will amply repay the curious in the
natural produce of this island.
HOSIERY.—The cotton hosiery trade, in all its
branches, is in much the same state as it has been for some
time past—the cut-up branches being the most depressed.
This depression has even reached the coarse hose of
Leicester. We understand the hosiery trade is rapidly
increasing in Philadelphia and the neighbourhood, and
agents have come over here to engage bleachers, dyers,
trimmers, ironers, and others, who are capable of finish-
ing hosiery goods. The silk glove bunch is, if any-
thing, rather worse ; but the season of the year should
be considered. The plain silk hose branch, now ex-
tremely limited, is a shade better, especially in the
neighbouring county of Derby. The knotted branch is
still in abeyance, and many good hands have gone into
the cut-up branch. The remnant of this once extensive
manufacture is principally at Mansfield.—Nottingham

Review.
We understand that it is the intention of Govern-
ment
to erect forthwith a battery at Penlee Point, so as
to command Cawsand Bay. The Admiralty are deter-
mined to put the whole of the coast in e, proper state of
defence, in consequence of which the building of the pro-
posed new bridge at Looe is suspended. A battery will
be erected at Looe harbour, so as to command the an-
chorage under Looe Island. The whole line of approach
from Looe to Plymouth is to be put into a state of de-
fence immediately.—Plymouth Journal.