The New York herald., 1845-10-14
In Chancery.

In Chancery.
Before Vice Chancellor McCoun.
Ger. l3-ssse Hoyt va William Lyon Mackenzie ct al-
This important case was brought up motion before His
in attendance also some leading politicians who felt
evidently much interested in the result The history of
the Mackenzie pamphlet" which caused such a
sensation amongst the politicians of the day. is
yet fresh in the minds Of the great public. Some
time after the publication the plaintiff fled bill placing
sets FORTH that in March, 1899 Hoyt, the complainant
commenced series of letters to Martin Van Buren, then
Secretary Of State in the Cabinet of the United States
Of letters Of private correspondence from Benja
min +: Butler. w. L. Marcy. and divers other per
which Vs1s Ss ioy % claims light title and I's control troll
and is entitled to the possession of the same said
in safe or box in one Of the of the building cali
ed the Custsm House Of the city of New York, that
complainant then held office therein and said box being
marked conspicuously ~ and l.. Hoyts Law Papers,
was locked the key Of which kept in the exclusive
custody Of said Hoy that said box subsequently
tom House of said city that in 1871 complainant ceased
to hold the Office Of Collector of Customs but
pied subsequently, in closing up the accounts, having
that said box was opened forcbly and broken without
complanants knowledge, priyy, consent, and said
letters and papers rauduently were taken away, and
said complainant alleges and charges the abstraction Of
the upon William L. Mackenzie and Cornelius L.
painant alleges the said manuscripts and letters either
themselves or in concert or confederacy with d.
complainant unknown,
.phose names when discovered deponent prays may be
included in said bill; and also, that one A. Sid
ney Doane and Justus s. Redfed who caused
be included in said 6il which book wa. published un
der the fictitious title of Cook Co. Boston, print
ing office usually employed by said Justus S. Redsld
in his business BOOKSELLER and said pamphlets were
sold By william na TsyO% and BY bur
and Willis Root bookbnders, bound the PAM
phls and were interested in the manufacture and sale
Taylor said Burgess and Co not to give over the pro-
ceeds Of sale OF such work other than to
complement Ihe he oil after gong through the various
restrain defendants from the further SALE &C. Of the
work, the above being an abstract thereof.
L. w. SroucHroS, Esq, OF counsel for the defence,
the part of Mr. Taylor rose and said-At this late
muncaon with Mr. Hail, who is counsel on the oppo.
site side, he has intimated to that he shall have
sion to attend in case at Albany before
on being to dissolve an injunction on the face Of the
COURT think you had better answer the bill efore
you make the motion.
Mr.. .sroueHTos-No, your Honor; think can dis.
solve it on the face Of the bill
Mr.. HALL was going to Albany for few daysyour
Honor, and wanted to allow the case stand
I'll my return They seem, it would appear, very
ious to have the selling of this book going on
CouRTI think it better to hear the argument they
do not intend to file crossbill. Let the argument be
made forthwith.
MIR. SroUGHroS.-very WE'LL your Honor, l now
move on the part Of Mr. Taylor who is charged in the
ei with having taken papers in conjunction with the
in as far he concerned be dissolved He stands be
fore this Court free from any charge whatever Mr.
Mr.. HALLThe bill expressly sets out" and all the
vendors of the book pamphlet who sold agents for
being the associate and agent" of the said Mackenzie
in the sale of this book
Mr. sroueHroN.-I think | will be able to show that
he had right to sell, and Hoyt had right to claim
The BILL after setting forth various allegations goes
to state, that complainant in May last possessed
in his manuscript OF three letters written by him.
SELF and addressed to Martin Van Buren, and one to
q. W. Lawrence, and that he had altogether one hun.
dred and forty-sx letters which were in complainants
custody He goes on to state that he had had certain
title in these letters as trustee bailee and in
the actual custody and possession of the at the
time and manner mentioned in the bill What particu
lar right title attached to him in his character and
capacity Of trustee and bailee he does that
away; and it would be question for your Homo the
party having secretly in his possession literary trea
o nd es
Of literature were lying by and the world deprived
Of the benefit and advantage Of perusing them (sup
deprived of these letters and literary treasurs Laugh
ter If party had property in these letters ltera
nposition-as instructive letters the policy
law to protect them in those letters, which were in
structive and valuable as composition. If party com
plains that his given to the world
to his prcudice-if authors and inventors complain that
their rights had been invaded, they had right make
their complaints before Court but the bill alleges the
those letters But the book contains all the letters OF
which the bill complains and complainant only alleges
ed the injunction as regards the whole book; and
the injunction was sustainable at ALL should be
modified as to apply to the letters. If injunction
had been issued against parties for certain matter that
had been pirated, the injunction could only apply
to such portiyus of the work as had been pi
aed but il could not restrain the sale Of the publica
tion generally Now, your Honor, will be able to
show from authorities, conclusivey, hat ent
tied to dissolve this injunction can show that in cases
Upd bofn he Lord nf and ANAL
gous to the present one at ISSUE and also several
other authorities that we are fully entitled to quash
Beavon, 8, IL, Eng Chancery Reports and decided
1889 The plaintiffs were publishers of work called
pabphsd which eenansd ps Of
the plaintiffs work. The Court assumed that injunc
en could only as to The parts piraed and the Mas
the plantia, that the court may decline to
law. The Master Of the Rolls quotes Lord Eldon
in MdrmGn Tegg, Russell 3s5, who says; II an in
S % my work s wa MS r
belongs to me- and II the parts cannot be sepa-
rated, he has only himself to blame. In John
injunction will only be granted against publishing the
parts prated In Bailey Us. Taylor Ross, and M "a
the work is prated Is the Court to enjon the defend
ant from the publication ofthe whole OF his work. be-
he has included small part of the plaintiffs work
Now respectfully submit to your Honor that whatever
the Court could ascertain reference to this BILL the
injunction could only apply to that part of the publica
Court grants injunction generally had been
done in the present to restrain the sale of the work
In the present the bill pointed out the claims OF
complainant to specific property in those letters The
injunction restraints the sale and publication in the broad
est extent and submit that under the rule founded
upon the claim of complainant the Court of Chance
ry may exercise censorship II may, in the exercise
OF its discretion where parts belonged to the CON-
planant issue an Injunction II rule of court In
relation to this fact but the grounds upon which the
present complainant sought to restrain the publication
in question would be exercising censorship over the
press. submit that this book contains good deal oi
valuable matterfacts which connected with the d.
ogrsphy Of ofthe leading characters OF our coun
trv and therefore are valuable the community. Chap
thers contains but letter which introduces mat