Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-10-18
THE MACKENZIE BOOK CASE.

| The Courier and Enquirer gives the subjoined
abstract Of the Opinion of the Vice Chancellor Of
New York, refusing the motion to dissolve or mo-
dify the Injunction heretofore obtained by JESSE
1 HoYT in relation to the {" Mackenzie Pamphlet."
The is TO be carried up to the Chancellor on
appeal
sin the first place. his honor into consideration Of
the law Of property in manuscripts written compositions
deduced from all the authorities upon the subject and stated
the conclusions TO be that this property of two kinds
l The property Of the author composer to the sentiments
carnations of the mind which inscribed upon the paper
and I'd The chatte property in the paper and letters marked
upon il.
That the decisions upon the subject Of private letters writ
ten in ordinary familiar correspondence by friend friend
have settled hshat where soch may be regarded literary
compositions and the matter Of copyright that the pro-
perry copyright in them remains in the author, and is not
parted with by his directing and sending them to another
that the receiver OF the letters has in them special property
10 vii right to the specific material upon which the writing
impressed carrying with it right to read and keep the
same and to for all Legitimate purposes for which
designed.
'By reference the BILL he said it seemed that the
painan Jesse Hoy claimed the protection afforded by the
chancey powers Of the Court TO restrain the publication OF
book containing letters which had been fraudueny and
eptousy obtained em his possession and which consisted
ls OF copies the original dranghts OF three letters, written
and sent by him TO Martin Van Buren, and Cornelius W.
Lawrence and 3D. Of hundred and forty letters writ
ten and by Martin Van Buren,, William J.. Marcy,
Benjamin f. Butler and various other persons, to him. the
complainant With regard to the three letters written and
composed by Hoyt his honor said that the right Of property
still in Hoy those productions the subject matter Of
copyright that he the author possessed of the exc
sive right multiply and publish copies of the same and
therefore, to those the complainant clearly had right
injunction to restrain the Infringement of his exclusive
privilege.
Then, to the one hundred and foysix remaining let
tes contained in the book his honor gave his opinion
too literary compositions in which their authors
possessed exclusive property and right to multiply copies
of the same and that Mr. Hoyt might be regarded the
baee trustee Of the various authors for the guardianship
and protection of their aforesaid interests literary authors
and at all events that Hoyt possessed of chate pro-
perry i'll those letters wit to the specific manuscripts
and material of which they composed
cat the conclusion of the opinion Mr. Stoughton,
sci for the defendant asked the Court he had erred
Outstanding his honor the day before to declare distinctly
and to interrupt him in his argument for the purpose of de-
cang that the claim Of the compliments could be
tanned the ground that the letters published in the book
literary compostions-ha they did possess those
attributes which belonged productions which the sub
jec-matter Of copyright
sIhe Vice Chancellor. Yes, and say still
Mr.. Stoughton. Then will your honor modify the in
junction apply only TO the chat property Of Mr. Hoyt
in the specific and original papers upon which the letters
transcribed
"The Vice Chancellor / grounds for disturbing
the injunction as it is"