Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-02-18
COMMUNICATION.
INTERNATIONAL coPYRIGHT


of vital Importance to American literature have been
anxousy looking for the ratification of the treaty
Gently made tie subject; but it still meets with
opposition from afew interested men, from the sheer
spirit of cav propose to lay the merits Of the ques
ton fairly before the public through your widely diff
fused journal. 1t lies within small compass when not
eked out by wordness, the beseng sin of country
men, who to think that, they time in every
thing else they may waste it in their words and argu
ments.
The first recommendation Of the proposed interchange
Of copyright is that it viii have most aupcous infu
American literature. From the far greater dem
sy Of population in England and perhaps also from her
having better schools Of instruction it to be expected
that after filing the ranks Of the learned professions she
would have much larger Gloss Of educated and qualified
Asa hsnuIYated lottera apd science occupation
But the rpariy has been greap incrseAA NJ the par
tial opsfaon Of the charge fo epyighs AS the Amer
can bookseller can repubish Engsh <eoks hsre free
this charge, he unwilling to pay the American author
for his productions those works which have
strong local recommendation as law reports, school
Textbooks works of history geography and occasion
ally historical novels In this way the remuneration
which is generally obtained by English authors is very
rarely obtained by those of the United Saes and thus
those who need the most encouragement receive the least
There are indeed in both countries occasional instances
but the number of these is comparatively small The
great of writer's would not and could not publish
what they may have written unless they were paid.
This state of things whether regard it tax on
American works or bounty on English reprints, would
be eectualy changed by an international copyright.
The American BOOKSELLER longer having any induce
ment to prefer English book American of equal
merit as he has, would readily pay for it, and
thus q competition equal terms would take place
among the writer's Of both countries and each individual
would be likely receive the reward he was fairly ent-
tied To suppose that this change would not have
sauary effect the literature of the United States to
deny that the manufacturers Of Lowell have been bene
ted by the tariff that the duty iron has increased
the production of that mineral in Pennsylvania Nor is
this a The change would be likely to improve the cha
racter Of literature well to increase its guam
tity 1t would do this not merely by the new stimulus OF
pecuniary gsn, but also by the ameoratng process Of
exercise Compare the FIRST biographical sketches ofD
Johnson written for the Gentleman's Magazine, with his
Lives of the Poets written in after life, and in fertility
and power they hardly be the productions Of the
same mind So let Byrons first poetical eusons be
pared with the fifth of Chde Harold, and wit
ness still more extraordinary instance Of improvement
from exercise Had writer's enjoyed tEe protec-
ton of international copyright many American
thor hitherto consigned to an inglorous silence would
when fostered by the encouragement that English wri
receive have produced works which had procured
fame for themselves and shed ustre their country
Halleck and Bryant with many Others thus able to de-
vote themselves exclusively to their cherished muse
might have given poems equal to the best OF Byron
or Scotts. ..~'
need not say that Of all gories people possess
that of intellectual excellence is the greatest 1t eevates
them higher in their eyes and in the eyes of the
world OF what names is England proud as those of
Shakespeare Milton Newton and even Bacon, though he
has been styled the meanest well as the wisest of
! .LnI
this country striking illustration of the homage paid
to intellect, when exhibited in subordinate line
Let u.s. thcn avail ourselves Of the present opportunity
raising literature from its present state Of pupage
and, putting writers the footing with those
of nation identical with in language and modes Of
thinking confidently trust to the effects of emulation and
exercise. Though may continue awhile behind them
in the race should certainly up with them and
may eventually pass them
But We urged TO an international copyright by
of justice others well of duty ourselves
To produce books there must be cooperation Of mental
with bodily labor and for all the best books published in
England the English people have to pay 1t is the only
condition which they be furnished with an ade-
ouate supply But We, who share IN this supply have
hitherto refused to pay any part its necessary
and while English merchandise when brought hher is
well protected by the laws that of citizens,
insist approprating their thoughts and language,
the most valuable of all property because do so
with impuny Piracy is thus legalzed here, all p
racy in Agiers. Now the copyright treaty proposes
to correct this crying injustice, and compel to pay to
our Transatlantic teachers something for the instruction
pleasure they have SO long gratuioualy afforded u.s.
But forsooth defend the nation from this charge of
injustice, have boldly denied that an auh0F has
property in his intellectual productions 1t However,
now late to stir this question. More than fifty years
ago it most deliberately discussed before the ablest
body of judges who sat In Westminster Hail. and
decided by nine Of twelve with yet greater preponde
of talent than of numbers, that at common Law
that is the principles of natural justice and common
sensean author has property in his thoughts and Ian
guage and eight Of the twelve decided that this proper
~ continues after the publication Of his work The ar
guments Of those who maintain contrary doctrine are
Of the species Of logic that by which Proudhon
undertakes to show that all property is theft An inter-
national copyright recognises this species of property
affords to the citizens of both countries the same protec
ton to it to their goods and chattes because 1t is
equally required by the great principles of justice
This consideration alone should be decisive Of the ques
ton. When the Athenians consulted Artides whether
they should adopt secret project Of great Importance
which Themisoces had suggested he could flu nish Ars
tides after confded to him. told his countrymen
that nothing could be profitable to Athens than the
scheme Of Themisoces, but nothing could be more
Just on which it was unhestatingy rejected. Shall
then hesitate about which is recommended not
only by its justice but also promises to benefit US in
way which of all others noble minded people would
most value?
WHAT then, are the objections urged to course to
which Of justice, our serespcct, and our de-
sire for true glory equally mpel The only intelg
bic arguments that have heard against international
copyright are that it would raise the price Of books
as to make large portion that find their way to the
poor longer accessible TO them and that by diminish
ing the number Of books printed in America it would in
jure the printers, papermakers bookbnders, and the
whole class employed in the mechanical part Of book
making. ..
These arguments addressed our pecuniary interests
or our sympahies been often adopted without being
closely scanned Let scrunize them. Assuming that
80 r. he