The Sun.
London, England, 1803-12-30 00:00:00

111111:RE 4J. DAM!.

Mr.SCARLETT opened the Pleadings. The De.,
clainition stated that the Plaintiff was the proprietor
anil tiAd the, copyright of a song called " Abraham
Arm !awl," that he hail a right to print and publish
the same, and that the Defendant injuriously printed
• a nomber of these songs in violation of this copy.
right.
Mr. EIVICINE stated to his Lordship anti the Gen.
tlemeo of the jury, that the Plaintiff in this action
was a mustc..Seller, of Liverpool, and that the De.
fendant was in the same line of business, and cer.
tainly extremely eminent in his situation of a music.
seller, having 5h tps in dial ent parts of this town.
Ile had one in 13.11d.street, ;mother in Cornhill, and
a third for he lovers of song, in the midway be.,
tween the one place and the other ; and, therefore,
he clid not mean to say any thing disrespcdful cif
him. This case might he considered by many, as of
small importanci! ; but that was always impotiant,
that was al tended with benefit.
Lord ELLENBOROUGII here asked, if this song
was entered at Stationers' Hall, pursuant to the
Statute of Anne ?

, .
Mr. ERsxtro 930 it was not, anti that it -was
rill neeeootitry in an action; it was only necessary
to he entered for the purpose of the penalties.
His Lordship asked, if this song was a hook ?
_ _

Mr. 14.. it Nu replied, that .he should most
ly bring it within his Lordship's jurisciitiion. The
subjed.matter of this ;talon was this: Mr. Dibdin,
who is a man of humour. and genius, composed a
little Poem, which afterwards, in different parts of
England, wdi set to music ; and it was a Poem on
the same hubjett, which had occupied the greatest
Pipets in the world, in all ages. No man was better
acqu4inted wit loin the learning of the anti/9u world
than his Lordship. This suhjra had occupied the
Poets of all times, " The law of Mot:EY." From
the time. of the Greeks, down to the. time of our
own Satirists, on this very topic:

0 elves, dives, quxrcnda pecunia primum est
Nimes post outimos.
Money, he said, produced Many virtues, and a great
many vices. But suppose there was a correa trans.
lation of these poets, he did nut think it was pro.
beble their beauties were likely to engross the at.
tention of the mass of mankind. Sir josima Rey.
nolds, who was /a great master in painting, used'to
say, that-" it required great taste to see that which
was excellent its the fine arts." A vulgar man
would he apt to set the same value un the paintings
at .Vauxhall, 'as on those of Ruben*, or of the first
masters ot the art. Mr. Dibdin did not address
his verses so much to the learned, as to the mass of
mankind. Ile chose for his subjed the over-ruling
power of =Joey ; an I 36 Mr. Abrsham Newland
wa she great representative of our cuirency, which
had 91) long stood its ground, and which was like.
ly to continue so to du, it had been Called after his
name.

Ina Learned Counsel here read the. Song, with
which the Public' are 'perfectly acquainted. This
Stang wasfrirrety avant to flaesent the value of our
Paper Credit, the name of Abraham Newland being
to all our Notes. Without entering'
into rite molts or demerits of this Poem, whether
it Wll4'giiod or bad, it certainly had a great, number
of readers. It had been heard in Theatres, and
had been bet to Music, though it was not rot the
MOcie, but on), -fur..the y;,ortiv, this aftion was
brought.
• Lord:Et..t.eNnosotrott wish9d to see the Sib of
Anne,' re;ative tFI !Ilk subjeft.
Mr. k.RSKINit observed, that some time ago this
was inarlet ut ttrear con, roversy am mg the greatest
judges f and Lord Marsti,d,l- considered it as a
cumin.. re law. right. That, independent of the sta.
rum, slier s as a right vested in every person who
was the authur.of every composition, to prevent any
other vr. r 1 reel riving 111nt of the fruits of his in.
geiMit,.. Other Judges entertained different opinions
on this suh.pet. They. held,- while your bird was in
run cage, it was 'yours ; while yoursbook was in
yout do,et, it was your property ; hut the moment
ii was published, it was competent to others not
only to read it, hot to copy it. To put an end to all
disputes oo allis subk6t, the Legislature, in the time
Anne, gav,! the author a vested interest in his
work fur fifteen 3. ears, and, if he was living at the
end of that period, for 'another f rurteen years. There
wtite penalties annexed to the breaCh of the copy.
right, wt it+ were not sought to be recovered by
this -Aaion.. But, in order to recover the penalties,

the LegiStwite reqaired the observance of certain
forms and cermonies, as, that it should be entered
at Stationer;.' 11411, &c.
Lord Et.t.i,Nnottouott here observed, that the
vesting clause was detaciied from the penal clause.
Mr..Eitsitme obsetveili that Mr. Dihdisvhaving
composed this little poem, it was set to Music, and
he had ,a Witness who used to sing it Stage at
Limi:cipl. His 'Learned iiriend, perhaps, . might
say,' if you allow a man to sing it on the stage, you
have list your copy-right. But that 'he denied.
Nothing could make it more public titan a publica,
tion which had not that elf eel. •

Ldrt! ELLENBOIOUGI-1 abked, if they could matte

this song a book : it was ooiy one sheet, and the
'word
in they mil 1104. If Mr.,ntoctiNe put
it on the ommon Law right of the party his'

Lordship said he had an opinlim on that point.
Mr. ERSKINE vitt, he shots d never desire his
Lordship to decige it on
,that,groui.k.l., It had even
ben ,
deLided that.Aiong,is the MI 401 Par.

liatneot.
' Lord Et.LErnottoucti,said, that score 'night be
a-print. He asked the I.4earned Counsel if they had
any decision that a aong,was a hunk, within the
meaning of the Aft of Patli.tment
- Mr. EttaxiNt baittit had been 30 deeided,
Lord ELI. Es NOR Ottieti Said, he rather doubted
why: het there had been any finch .titeision. Hifi
3,01401iip adverted to the cases of Becket,. Donald-
son) iler, ea.
Mr. ERSK IN l'rltillpOSed that if 14 had written 4

t "poem of two thousand stanzas, or of twenty, he cin.
ftended that gave him a copy- rightign that coinoi.
!Lion/ which was the worktf the !Inman mind, witb.
out regard to- the lentil
Lord rtro.itNaoitouon said,: the term used in ttie
Att nook, which he, thought was material, consi.
idered the regulations on this sithjed, in the time of
Charles the Second. His Lordship, after looking at
the Aft of Parliament, thought they could hardly
get on with this case. If it is to be a book, said hiS
Lordship, I shall not extend it. After having been
at some pains to understand this subjed, I cannot
agree in the opinion of Mr. J. Yeates.
Mr—ERSKINE said, what he contended was this,
that this composition was a poem, and that the law,
applied to a poem whether it was long or short.
This song was only one sheet. How many pages
must it consist of to constitute a book ? Must it
have three or four, or how many ?
Lord ELLEtillottoodti said he was quite clear on
the Statute, it must consist of rezplurali:yof sheets.
Mr. EttsKINK• said, if this Poem had been printed
in large letters, it might have been made to amount
to several sheets.

.Lord- ELLRNBOROUGH said, it was very likely
they might have spun it out to make it a book.
ER3KINt hoped his Lordship would save
the point. • .
TAM tt,LENDOROUGH Said, -he was of opinion
this was not a bOok. He did not know how far this
might be carried. What was to -be said of a hand.
bill, or of a single advertisement ? This thing is
neither. stitched, nor does it consist of a variety of
sheets. Perhaps it might be said, a book is that
which consists of a number of sheets stitched or
bound. He did not say that was a perfectly
red definition of a book ; but he was clear that a
single sheet unstitched, was not a book within the
meaning of the An ;, and, therefore, said he, I think
the Plaintiff ought to be norhuited, on this ground;
that I ,am of opinion, that a song on a single sheet is
not a book within the An of Parliament.

Mr.. ERSKINE said, leis *Client had purchaied it
quite unconnected with music, and it was afterwards
set to music from an idea it woultthe a.popular'song,
hut they did not pretend to have a cnpy.right its the
music. Any body might sing► the,song as Often as they.
pleased ; but. what the Plaintiff complained of was,
that the Defendant had printed the words at the
song.

Lord ELLENnoitouctr said, Mr..EitsittNE had
opened to him the whole field of literary property,
and the common law right of Authors, on which
there hal been a great difference of opinion.
Mr. Ethics NE said, the case was sufficientlyon his
Lord,hip's notes, if he shoubi haripen; to move.
Lord Et.t.stanottooGil said, that two words put
upon a card, or one word, might satisfy the Ati of
Parliament, if it wen to be carried to the length
cosnen&kd for.

Mr. Est,tocut said, it was qnneeessary to'
serve, thai some of the wories.pf Mr. At rahlm
Newland, though very small were extreinely yaks.
able.—Plaintiff notsuited. •

COUItT OF EXCHEQUER,
ac. 14,
yitigicurr vu. JAcKmAN.

Mr.,Pt.trutitt, counsel.: fur the Plaintiff, opened
the cisite lay stating to the, Conrr, that this was a
Bill tiled on the part of his! client, praying, that a
title to certain. lands
.in his possession, which, by
accident, were invalid in poim of form, might be
made good. The particulars of the case he stated
as follows; the Defendant's grandlathep, whose
daughter had: been married to the Plaintiff', bud a
copyhold .estate in his possession, consiSting of
twelve acres of land, which was held of the no*
of Horsley, in Northamptonshire. He had given
his note,to the Plaintiff for tool. being the portion
which he designed to give with his daughter. The
old man afterwards.being touch distressed for money,
the Plaintiff had advanced him several small sums
by- way of loan. The Plaintiff's lather.in.law not
being able to pay him. these sums, nor the tool. the
appointed portion of his daughter, requested his son.
in law to take the copyhold estate at, a price agreed
upon. This- the Plaintiff, after .some hesitation,.
agreed to, and, the land was accordingly, after the
costom of, the IVlanor,
.surrendered to him by; his
father-in-law. But the old man died before. it
could be perleaed. in point of form. The Plaintiff,
however, took possession,, and ,continued lit 1,))4.6e4-
sion till the year 1798,
,Which ,was 'ten) ears since
the time of the surrender., At the end of this pc.
riod, the Defendant, who is 'grandson to the old
man, though; proper to-dispute the Plaintiff's right,
and , brought, an cjedment, which the Plaintiff could
not answer at law, as his, title .was nut good in
point ofform, He, therefore, applied to this Courr
to put him in the,same situation, as if he had been
able,to have completed,,) is Ole. The evidence of
a Varity of witnesses was read, to prove that the
Mina* Was 'in equity entitled to the estate in
(petition, and.that he had paid a valuable consider.
anion for it.

Letcn, Counsel fore the Defendant, 'corn.
mented upon the evidence, which, in many instances,
contended was extremely suspicious. Besides,
the grandfather being on old man, and affected with
a paralytic stroke beard he died, could not be sup.
posed to be sound in his mind. Ale, however, had
no evidence, and, moreover, the last point was posi.
'lively denied by all thefleintiff's witnesses.
• The Court seemed disposed to grant the prayer
of the Bill filed, by the' Plaintiff, but delaYed giving
a final- decision till the arrival of certain documents,
necessary in point of form, trout Northamptonshire.

On Saturday morning, last, as the mail enact) was
preparing to set off for London from the Eagle and
Child inn, Cambridge, some thieves stole a basket
with a turkey, and some other parcels, from the top
or the coach, which being immediardy missed, a
strji search took place, and a fellow was appre-
hended,,who fortunaiely for the Public has lea
the discovery ola set of housebreakers and receiy,ers
of stolen goods. A great :quantity of amnia, web
as stockings, Cilet4tii, wine, hardware, copper, and
other goods, with a number of base coins, resem-
bling guineas, half- guineas, &c. (ail of late )
have been discovered, and wore are expeeted.

~ ~ ~ ~-

.1.

ROYAL AC ADEAIY.
THOUGH we are .unwilling to report the Pro..
eedings of such a respetlakle Institution as the Rnyal
Academy without due authority, yet as the Pub_
tic must feel a strong interest in the :,rogress of the
Arts, and as the following account is given to ttic
Public. as, authentic, we think proper to insert it ;
and shall most readily admit any correCtioi, that
way be sent to if this statement should be,erz.o.
!neous..., f .

In Pebruary last the Royal Academy fixad the
subjeas for the Premiums to be given, on the foal
Of December following, 1(4 the best designs in Paint
jog, Sculpture, and At-chi:olore. Some days &ea.
pus to the deciding on. the merit of the works otTered,
each Candidate is to attervi in the Academy to make
a sketch, of a given subjed, in the presence of the
keeper or Secretary.

'Several Councils had been called todelermine the'
subjeds for,the sketches; but, "frolp the versatility
of
,some of the MeMbers, no resolution. had been
A .
Come 10. At a Council held on the t9th, expressly
to determine the question respelling the Sketches,
the President and two of the MemberS oppoSed the-
giving any Premiums this year ; contending, that.
as the Proceedings of the Academy- had been inter-
rupted, and the time passed by, no Medals ought
to be given.
.Other Members '(recollecting they
had been young, and Candidates also) could not
help feeling for the young Students; and, after a
very long debate, the President and his friends,
were over-ruled, and it was deter Mined. to give
three Medals on Saturday the 24th of,December.
The Students, three in, Painting, one in &nip.
tore, and two in Architeeturt, were direEled to at.
tend; they accordingly did so, made their Sketches,
and thereby corni,lied with the ilitettions of the
Council..*

The General Assembly met to determine the
Premiums on the 23,1, when, in opposition to the
vote of the Councii, August 19(and to the aim.
nishment of same of the Members, it again became a
question, whether an) Premiunis should:be given. -
Mr. FAR t NCTo N moved a ballot thereon: Mr.
SOANR objected, and stated, if it niust• 7.,L,W be a
question, it should he determined t holding up of
hands; this was.over.ruled, and a ballot took place;
when it was determined to give Premiums.
The Assembly then proceeded to ballot lilt: the
successful Candidates, which, being completed, the
ballots were sealed up, to be opened no the evening'.
of giving the Premiums. i
On SaturdAy the 24. th, the, General Asembly
met, at seven o'clock, for that purpose, when the
President &dared a gold Mail WOUld'he• given
fur the best Painting, and another 'fo'r &ulpture,, bUt
none for either of the design AiNtetiort.
Mr. Fiuttive;ToN stated, that. on questions of
architeaure, himself, qnd those ~*bo aWed (1.4.,;tb
him, being Painters, 'Bvere. always deielmitied by
the opinion of Archite4fti; and thift,'on the present
occasion, be bad consulted a ineinter of' tUat body,
who had been in the mint a few minutes that morn..
ing, and declared the designs utterly unworthy of
a premium.
Mr. Soarte replied, by regretting the absence of
Mr. DANC P, the member, probably, alluded to,
whose opinion, he feared, had been misunderstand„;
and,. so tar from agreeing in that opinion, after Ma.
lure and impartial consideration, he \solemnlyde..
elated the two designs in question were, in hi's
judgment, entitled to great praise, and in no 're,
sped inferior to any yet presented to the. Aca..
dewy ; while the sketches were, if possible, still
stronger proofs,of tEe 'zeal 'and Merit of the Artist.
He felt for the credit of, the Institution,' and was'
alive to:the situation of the Students, whose names
had nut
.been declared,. arid which he had no doe to
guess at : he deprecatCd the.iiijuirke and owl!), of
'lifting on an hasty deei,siOn, and lamented the evils
that must follow such a flagrant
,violation cif the
laws orllie AeatlemY: Hc, Intreated the omeeting
to postpone, at least fora few days, the further
criniile6tion of the 'designs in dreliiietture. He
conceived, in.fairness, this request schuld be
!flitted, particularly when it 'way- thlt,
out of forty 'Aeadetnicians, the're ore only ‘foi.ir-
Architeits, DANce,SoAuk!,,l.Vl,:vr,;V,t4atid YE NA'.;
and that Mr. DANC Pi • who hat' 'ooly• taken
snry view of the deiigA fcir"'ii lcitr, in`•ststesi W4S
nor present ; that Mr. WY ATT was out of town.;
and Mr. So'ittlit,iand Mr. .:Vitt,lti• fully decided le.
speffing the merits of. the dosigna
Mr. SOANR then priVosed a motion for delaying
the farther conSiderat ibh or --the sulijen, and ,that a
General-Aisenibly shn'altille'ealled tor that purrir,t..
Thig queition, On:a ballot, {was -lost` by decided
- •
majority.
No premiums are, thhefore, :teeth:ding to iltc
above statement, to he given thiiiyear to the Stu.
dents in Arehitedurt.' • '
, .

The arctour of our V°luntetis deserves .the N
ailed and gratitude., ,with which their conduel hos
been :mentioned, but as there arc still .among ;us
manr who are many who :ire cattiest, arid
many who are. narrow.miniletl,• it is the duty.of
every man who values the ble,iings of Freedom,
%.010.1 arc menaced by a powerful and unrelenting
Foe, to impress his fellOw Subjets with a sense„of
what they owe to their Country. We therefore
think it proper to submit to their attention the fpl.
lowing observations of Mr. AtlblioN, an enlighten.
ed.. Moralist, a sagaCIOU9 Politician, a zealous Pa.
triot, .and- a sound Philosopher.

,
" The most common, and, indeed, the most na.
tura! division 01411 offences is into those of omission,
and those of commission, We may make the same
dtviiion of that particularset of crimes, which
grad human Society. The greatest crime ‘vhich
can.. be committed against it is Rebellion.`' The
greatest clinic of-omission is an indifference in the
particular Members or a State when. Rebellion
aatially commenced, or when invasion thre.vens
their Country. In such a jualure, though Indo
in,ty be innocent of the great breach which is made
up. n Crpvernmenr, or, of wishing success to the
Hoetny, he is highly" culpable if he does not use all
the Ins that arc -suitable to his station icir re_

. _
di tieing the community into its former date of peace•
-find good order, and averting all external danger.
, IC 0- oI nitgation to he active on such OCoaitions
appears from the very nature of Civil GoVerrialetit,
which is :in instituting vt,liereby eve ate all confeder-
ated together for our inuttial defenc'e and security.
Men who profess a state. of neutrality in times:of
publietiangee, desert the common interest of their
lv.ilobv.stihjecls and aEt tvith indrperidicAce to.that
constitution into which they arc irlcorporated. The_
"fety of th..: whole requires our i.hoc endeavours:—
Wlien this is at stake,. the IND/FFERENT
properly a rat of the community, cr rather ate like •
zay are an incuoibrance. to the body,
instead of being of, use to it. Bcsitt.s. that -thepro..
teetion tvhich all receive from the.saineGovernitienti
Justly calls upon the gratitude of all to strengthen itt
as well as upon their self-intei est toTreserve it.
'rßut farther ; if men who in their hearts are
:,friends to a Giveromenr, forbear givingittheir ut►;
most assistance against. its Enemies, they Or
the p: iwerof a few desperate men to ruin the WAL.
fare of r!r,se who are much sUperior to theni
strength, ouinher, and interest. • It was a .remairk. I
able law of Sot,oN, the great 'Legislator of .410'.
Athenians, that any person who, in the civil
Lu
',mules and commotions of the R:public, remained
ovuter, or an indifferent spetimor of the contending
Parties, should, 'after the re.estahlishinent of the.
p thtie peace-, forfeit his possessions, and be coa•
d'mr'eti It) yet TPtiodi banishment,. This latv,
it necessaty fur every good Citizen to tae b"'
Party, became it wal highly prob'Alhe the majetit/,.
,w-tuld be so %vise as to espouse that -cairsi.svhiell'
was mist .agreeable to the Public Weal,'..--ahtlbY.-tilag;
means to hinder sedition from making ii4ucce'sl.4,
progress. At least as every *Prudent in
man who might otherwise favour any Ote-Ln-e‘
his-own temper was, hereby engaged,: to be waive,
bitch a Ortt would be sure to j 00 himself. to 1112.C.1
side which had Abe good of the Country must at,
,
lieid•• 'For this reason their faritoUs.•l.lwever
corttietnned flit 1'44%0ns who S:11. Idle Kiln 'dilrilliOne
so dangerous to the Government, am.
Comitninif.y, and therefore to he cut off froirt it
ati
unprt;fitable rtilehibers.
FarTher, intl‘frerence cannot hut he
what It is conversant about objc,,is which are so lat
from being of, an indifferent natiire, tha: they arc'
of the highest imi ortance to ourselves and
.ou!,
conntry. if it be indiffielt to- its Whether
we are free sulleeis or slaves, whether. otir,tuler
he onr, own religion, or
,of,one ,04; ,01)14.0*
him to extivate is, we are in the ttt: tt)
four3ef,:.es ito trouble in the present jonaure•
irnJn: governs himself by the dittates 'at virtue, Anti,
grist who' 7. as without :.ze3,l- or i"."l".tdr.
• hut when toct
.
l'ttonts that are of no COnSrqUCOCe • --- f
itd~rt lc communit is epOtealrsialar: t(i)er. S'af: CY I.e •
'or••airaffe.fted indoknce
l'iditY or perfidiousness. .• :
" When in the tsion of Parties somans int •
the'Prirce''s favour',
only strove for the lust 'place to
eti a tp.of
when all were attached to the same
must
alio,
isithaerplitirloomsopstine:
t br diced in
E rand migtie ht .no
it, anti,,naut,iiteitic!uartrtdenat.,ll7ll3.oonneisy
n rto great grin
struggle withintlifteienco, , „talc
1,
!..to.ofrtitilitielgsinciese3sisalri!n:eull,ighet,r;litildie;hunvi::;llleulftencevtiell'err'edsEef`i.elo7,liinnl,3d.
ltnjellndence of ther C°unt!Y'. or who
f
to their ou.i
iys,trength
xi
their dust', should exert their anttet.
e as the:, are Pro..
cause that LO All l'art
te~rants anti Britous.
to our fit w sulrje U, ante'
OUS
a iuke.twarns.itiligimecr may' {7 Pi
ca
to an,
its consequences as Treason• 4Fe,9l)';
active obedience by the solemn Omits
tOlits MA.fr.s.rv, and the neutral lclu.d Qt. "
rence falls' shot r.•of the obligation :he' finder
ill appeilri
who have taken StfCli 04E10, 0: W costly
."'
fora"'
tlictse

e
114
rtlmS3otc)Msctt:ra riepo',gen
if) ea:*;
ipea-to Prisontrs of Wdr., by' "w 11::,.! ► olt way did