New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-03-01
Observation-Disclosures.

INtENTION-tUPt hlGuT.
Can we be wrong in regarding the naked
issue Of Honesty against Knavery as forming
the base Of the Copyright question Reader !
we put the case to you directly, and insist that
you answer il 10 your own conscience Sup
pose Macaulay, or Lamartine, or Neander,
were next week 10 put forth new book, and
say in his preface, This work has cost me
much time and labor, with some outlay Of
money; wherefore give fair notice that ask
Of each person who shall see I'll TO read it in an
edition unprotected by Copyright payment
of six cents as my compensation TO whomsoeyer
shall wait upon him therefor as my duly ac-
credited agent would you not hold yourself, If
you read the book with full knowledge Of this
condition, morally bound to pay the author the
required compensation for his labor Think
we'll Of it, and watch your countenance in
mirror as yoa give the answer!
For our own part, We can conceive no posi-
BILE ground on which an honest man could re-
fuse to make the payment; we can see no rea-
con why any man should refuse il and not steal
copy ready printed and bound, ifhe were sure Of
legal impunity in so dong Ii he vino per-
formed the original and most impOr ant labor
may be refused compensation with. good con-
science why may not his suboriinates and ac-
cessoriesi
True, there is al inferior aud supplemental
sense wherein That is property which the iaU
makes property That is to say, the Law is
the definer of legal claims obligations, liabili-
ties. But Moral Right preceded Law aud ever
more transcends it Our not remarkably con-
servatve mind is shocked by the perilous COM
munistc sophistries on this vital subject which
are every day put forth by men professionally
shocked at eur radicalism. Listening blindly 10
these Yankee Proudhons, one might naturally
conclude that all rights Of property were the
creatures OF legislation, and that, if the State
had never existed, there could have been no
such thing as robbery, and that the State might
to-day legislate transposition of justice and
injustice.
The truth is very far from this. The first
man who fenced, ssbdued andcultiyateds ield
or who built house, or who planted and
reared 70 maturity fruit-trse, OF tanned and
rendered serviceable some species of beast or
fowl, acquired thereby rightful property in
the fruits (upder God) Of his laudable exer-
tons. No State conferred that right; none
could leeitimstely take it away.
True, there are limitations TO all property
rights. They may be stretched or abused
and the State should guard against this peril.
Suppose thousand persons to be wrecked
ON an uninhahited island Of four hundred ara
bic square miles, and there &c found new
community Has not each one right 70 en-
close and cultivate, for his own use aud bene-
fit, portion Of the soil ! and TO use portion
of the timber TO construct his buildings and
fenees' Certainly; bat if one were TO enclose
whole township, or take half the wood on
the island to build him palace, he would be
eneroaching on the equal rights Of others,
snd ought TO be prevented The State ought
not even TO sell him land and timber 70 any
such e1teut as that.
- But some say, the rights Of Inventors
are limited to few years; why should not
those Of Authors be subject to Ike limita-
toni
We answer-The cases are radically die
rent An inventor does not creste-he only