leisure to make himself master of its merits. seem to point to some practical concluBut though, under such circumstances, we do sion very different from that which the not venture to rely on the ministerial support consequent statute enacted, or even what of a bill for extending the protection of litera- the code of any country at this hour aury property, we rely implicitly on the cha- thorizes. We waive, however, once more racter of Sir Robert Peel for insuring fair treat- all reclamation touching that which we ment to any such bill as may be brought be- must consider as an universal and final fore the House of Commons, while it shall be decision. Be it fixed and accepted that his official duty to watch over the dignity of the author's interest shall not be perpe. that house's deliberations. He may or may not tual; but the language of the universal adopt the proposed measure; but he will ap- legislation seems to acknowledge that it preciate the importance of the public interests is made temporary, only because some involved, and take care that, whatever else overbalancing public benefit accrues from may happen, the discussion of such a propo- denying it perpetuity. As far as he can sition shall not be hampered at every stage be protected in the usufruct of his creaby a rude and brutal misapplication of forms, tion, without obvious and serious detracwhich never yet in fact served any good end, tion from the general advantage, it is and which have been tolerated only as possi- avowed that protection is his right. A ble safeguards, in the last resort, of free dis- compromise is struck between his admitcussion, if imperilled by some audacious trick. ted original claim, and the supposed or Mr. Talfourd's bill, in the first draught, real interference of that paramount claim was open to several weighty objections, which every society has to profit of the from which he had freed it long before services of all its members. It is plain his final discomfiture; but we presume to that in every such compromise (and some say, that the next measure, whoever may compromise of the sort does in effect take have the framing of it, ought to be a new place in every imaginable case where man one, in its general arrangement as well labours and society exists) it is for the as very many of the details. The history true ultimate interest of the society, that of the Sergeant's bill would necessarily the utmost protection, not absolutely inpoint to some prudent deviations from compatible with the common good, shall that model, even in its ultimate shape; reward the individual, if it were only with but what we should more especially re- a view to the inspiration and sustainment commend to his successor is a careful study of the actual code of France, and, above all, of Prussia.

of zeal hereafter in others. Now this compromise has been struck very differ ently as to this particular conflict of inWe must be permitted to observe, that terests in different countries standing on the intrinsic weight of the author's claim the same or nearly the same level of civilto a property in his labour is not only ad- isation, in fact or intention equally regardmitted but distinctly set forth, in the pre- ful of equity in the regulation of men's amble of every European statute by which patrimonial concerns, and certainly govthe term of its legal enforcement has been erned by powers which are, or profess to limited and defined; and still more em- be, equally impressed with the prodigious, phatically in the official reports on which the immeasurable importance of science most of these statutes have been ground- and literature as departments of indivied. Thus, for example, even our own dual industry, and elements of national clumsy and contradictory act of the 9th of Queen Anne sets out with the assertion that new legislation is called for in consequence of the 'liberty' which many persons had 'taken' to reprint copies with. out the consent of their proprietors ;' and the actual French law was introduced by a government report, in which these words are employed:

'De toutes les propriétés, la moins susceptible de contestation c'est, sans contredit, celle des productions du génie; et si quelque chose doit étonner, c'est qu'il a fallu reconnaître cette propriété, assurer son libre exercice par une loi positive.'-Renouard, vol. i., p. 326.

This is strong language, and might

strength as well as civility and refinement. England, at all events, will not endure to be told that she is inferior, in any of these respects, to France or to Prussia. The question remains-where is the proof of necessity, or of expedience, in behalf of that English regulation which is primâ facie so much less advantageous to the author than the corresponding rules of the other two most civilized branches of the European family? Why should the Englishman's protection, in any case, terminate with his life; while France, in every case, prolongs it to his widow and children for twenty, Prussia for thirty years after his death?

It is to be regretted that, throughout artificial system of internal polity, this, or the debates on Mr. Talfourd's bill, none innumerable plain enough reasons, is out of the prominent speakers took up the of the question. In this country, we need subject absolutely. They treated it with not say, there is a more complicated arnearly exclusive reference to its bearings rangement of society than anywhere else; on the interests of particular individuals, and there is as little need to say that here or at best of particular knots and classes there is less of patronage, in the just sense of individuals now living. This illogical of the word, for either scientific or liternarrowing of the matter took different ary eminence, than in any other country aspects according to the nature and ca- under the sun. No man of great faculties pacities of the different men, their habits of any sort, and possessing with them of thought and feeling, and the private common sense, selects the pursuit of such motives of instigators behind the scene. eminence as affording him a fair ulterior Much good and generous sentiment was chance for any of the great prizes in the displayed---some envy and some maligni- lottery of our eager and restless and jealtyand a very great deal of ignorant or ous microcosm. fraudulent misrepresentation; all of which We regret to see any of our contempomight have been avoided, had the House raries complaining of this result-for inof Commons followed the course taken deed we consider it to be an inevitable by both of the continental legislatures to one, of the general arrangement of things which we have been alluding when they in Great Britain. Our difficulty is to reset themselves to this grave question. concile with equity and reason the fact The great point to be settled was, what that this country-the only one perhaps ought to be the general and permanent in which eminence in science or in letters regulation of the law---not whether-sup- is so rarely rewarded by patronage that posing it to be found that something different from the actual rule ought to be adopted as to futurity, and this something more favourable than the existing rule to the interests of authors---the new regulation ought to receive a retrospective power, so as to extend its benefit to men who composed their works under the existing law, or to the surviving families of any such men. It was impossible that these latter questions should be thrust forward before the first was determined, without investing the discussion of the preliminary principle with unnecessary difficulty, through the alarm, whether well or ill founded, of commercial interests in esse, and the temptation held forth for the continual intrusion of individual sympathies and antipathies.

The Act of Anne is named or misnamed (no matter which at present) an Act for the Encouragement of Learning.' The object of all authoritative intervention in the business, whether legislative or administrative, is, or ought to be, to promote the interests of society by making it felt to be the interest of literary and scientific men to produce the best works within the reach of their faculties. In one state of social arrangement this object may be best promoted-perhaps could in no other way be effectually promoted---than by careful liberality on the part of the government, or the aristocracy, in the exercise of patronage. In another state of things, or say rather under any complex and highly

the exceptive cases are not worth alluding
to--should be also the country in which
the admitted original right of property
which men have in the books they write
receives the scantiest measure of legisla-
tive protection. The production of good
books, unless of direct bearing on some
of the active professions, is not to be en-
couraged by even the hope of patronage.
The fragments of patronage, whether
place, or pension, or whatever else, that
ever fall to the share of our best authors,
are in themselves nothing but a mockery
when compared with what talents inferi-
or to theirs might be pretty sure of attain-
ing if devoted to any other arduous pur-
suit; and such as they are, these lean
scraps are scarcely ever given from the
unmixed motive of regard for literary or
scientific merit. Such merit is, however,
to be fostered that too is agreed almost
upon all hands-though not, as we shall
show by-and-by, upon all.
But assume
that it is to be fostered, and fostered alone
by protecting the meritorious author in
the natural profits of the work that dis-
plays his merit. It seems to follow that
since he is to be remunerated upon this
plan alone-since no authoritative hand
is to interfere at all-since no recompense
is to be his except that which he may de-
rive from individuals acting as individuals.
--this individual patronage should at all
events be free and unfettered. Upon what
principle do you decide that the reward
is to depend entirely on the judgment and

free choice of individual men, and then be given to the common cares of the whole decide also, to stimulate the production humanity that is in every man---we must, of good and great works being your avowed motive, that individual men shall not be allowed to reward him the best who produces the best work?

if we would have such efforts repeated, reconcile it with the standing reason of this favourite of Nature, that he shall so order his existence as to keep that intel lectual power which might have been profitably diffused over a wide space, concen. tred and compressed for the exhausting energy of divine moments. It is the same with the hero. He too puts forth one at

that splendid perfection which implies consummate felicity in the act, and which cannot be observed of other men without drawing from them precious worship.

Sound-sound the clarion! fill the fife! To all the sensual world proclaimOne crowded hour of glorious life

Is worth an age without a name.'

The great antagonist of the very principle of literary property in the last age was far too sagacious not to see the consequences that must in reason flow from it---were it once admitted.* Not venturing to contradict the statement on the oth-least of the noblest attributes of man in er side, that even then the days of the patronage plan were over, he denied boldly that any effective stimulus for minds capable of worthy things inletters or science, ever had been or could be supplied by the hope of any worldly delight or advantage whatsoever, except only the pure enjoyment of intellectual exertion, and its consequence in honour, respect, fame. But these motives, however powerful, can be of themselves sufficient only in the case But what nation ever proclaimed to her of men fortunate enough to need nothing soldiers that this was to be their sole rebeyond what these motives point to. In compense? England expects every man the energetic exertion of every noble fac- to do his duty,' said Nelson before a batulty there is a delight beside which no tle; but, under the like circumstances, he other earthly pleasure can be named. The had said also 'a Peerage or Westminster soldier knows it, and so does the poet. Abbey !' The aged bard was found with streaming Honour, respect, fame, are not excluand flashing eyes, trembling all over, in sively, nor even in this country pre-emithe midst of his Alexander's Feast. After an nently, the reward of those who, accor interval, the secrets of which we can nev-ding to Chief Justice Camden, neither er penetrate, he exults over again in the merit nor require any other recompense applause of educated England. He has for their zeal. They are within the reach this joy and honour, because they cannot of all who exert great talents in any be denied to him---and he gets them at no- sphere of life, and in no other sphere are body's cost; the accordance of them is they found or expected to be sufficient. instinctive, and in itself a delight to the Few ever obtained more of them, or more yielders. But shall this be all? Grant deservedly, than this very man; but he that the creative glow, and this reflex gained, besides, a place in the peerage, confirmation of its high origin---attained and bequeathed lordly possessions to be or anticipated---may indeed be the suf- enjoyed, we hope, by many worthy inficient rewards of the illustrious effort heritors of the line that he ennobled. itself; such efforts occupy, after all, but a The long roll of the high dignities of this small space in the mind that is most capable of them---they are severe though sweet ---perilous as well as priceless: let them be frequent and continuous, as the lesser throes of ordinary toil may safely be... and there ensues a madness or a torpor. And since a man is not the less a husband and a father because he is also a Dryden, and the broad course of time and life must

state bears witness to the similar success of kindred merit in every age of our history. But it is an eleemosynary pomp that attends the remains of Dryden to the tomb of Chaucer;' his children die in misery or in exile; his great and gentle blood is forbidden to flow on ; and a coroneted PRATT rolls from a Kentish palace to the prime seat of British justice, to bid future genius devote itself freely to the service of the Muse, for so may it also leave a name that shall be our glory as well as our disgrace.

Even in the injustice of Lord Camden's view, however, there was a recognition of higher influences than scem

to be

congenial to the legal understandings that I would, under the law which it illustrated, have in our time essayed to catch up his be secured in the possession of a perpetumantle. Not a word about honour and al copyright ? glory from even the most accomplished

'It is long since Johnson pronounced us nation of readers," but we are still very defi

At

out going to the bottom of any. Almost every author has a favourite subject, which he wou cultivate with great zeal, did not necessity oblige him to turn aside to popular topics for the sake

of a livelihood.'

The writer of a valuable paper on Copyof them-Sir Edward Sugden, for exam-right, in the new edition of the Encyclople, or Mr. Solicitor-General Rolfe. By pædia Britannica, says:— all means,' says the latter, let the man of genius be paid for his labour. But he already is so. As things are, we are already cient in standard works. Have we even a good getting out of him the best that he can give general history of England? No wonder that us. It is mere sentiment to talk about we should be deprived of such works, since pubextending the benefit to his children. lic records have become so voluminous, and the What right have they to ask that the pub-transactions of nations so complicated, that wholic should be taxed for their benefit? | ever undertakes to do justice to such topics will The only principle I can approve is to find himself subjected to a variety of expenses. give the labourer such wages as we find He must set apart three years for what appaby experience will induce him to go dence in the vicinity of great libraries; he must rently requires but one; he inust have his resithrough his day's work in a manner sat-carry on an extensive correspondence; he must isfactory to us, the public.' employ clerks in making copies of official docuWith great deference we suggest that ments and private papers. The same observathis usually acute reasoner begins here tions are applicable to scientific labours. with a petitio principii. He assumes that present no bookseller can afford to indemnify a this country has been, and is, deriving bestow on a favourite but insulated branch-he writer for the years he would be disposed to from the literary and scientific intellect of must have a work of general interest; that is, her sons services as worthy as that intel-one which will take in a number of topics withlect could under any circumstances be made to yield. We venture to assure him that, notwithstanding the exuberance of English genius manifested in our time, it is a fact that it has added a scanty number of first-rate works-works likely to be counted among the ara es as to either the literary or the scientific department of the English library; and the higher he rates the faculties that have been at command, the more difficult will it be for him to reconcile the aggregate issue with the opinion that the best possible system has been acted on as regards the external encouragement and direction of the resources in question as a magazine and arsenal of power. It would perhaps be considered as unfair to expect that Sir R. Rolfe should have bestowed any very serious measure of attention upon any literature but that immediately connected with the profession which he Mr. Talfourd consulted well for the himself adorns. He knows that that par- dignity both of the legislature and of letticular branch of literature stands in less ters, when he resolved on introducing his need of direct pecuniary support than any measure without any adventitious supother, because distinction in it leads al-ports to what he regarded as the justice most inevitably to the richly-endowed hon- of its principle. This magnanimous obours of the gown. Yet can he inform us jection, however, was so popular among of any great work that has been given to the Humites that the Sergeant thought fit the library of English law since he first to provide it with an answer, and next began to thumb Blackstone? Will he session he did produce abundance of pename any such work that has been pub-titions. A very few of these stated that lished since that very Blackstone wrote--the signers considered their children, who wrote, as we need not remind this dearer than themselves, as likely to be venerable coif, in the full belief that the deprived of a rightful emolument by the long labour of his large and fine mind existing regulation: and we apprehend

Mr. Baron Rolfe may doubt all this. We beg respectfully to whisper, as the poor musician did to Philip of MacedonΜη γενοιτο σοι ούτως, 'ω Βασιλευ, κακως, ίνα ήμων ταυτα βελτιον ειδης.

But the Solicitor had sturdy allies; and by far the most strenuous of them seem to have taken special pains to demolish their learned leader's grand argument. When Sergeant Talfourd brought in his first bill he was met by a harmonious chorus of Humes, Warburtons, and Wakleys, who started with the Crown-lawyer's pitchnote-'it works well;' but added this generous variation-authors themselves do not complain-where are their petitions?'

there can be no doubt, except in the very than the actual one.' Then came a series darkest corner of ignorance or of preju- of such insults as Mr. Coroner Wakley dice, that ONE at least of them, in so has it in his power to inflict, with perfect thinking, by no means exaggerated the impunity, upon any gentleman anywhere. intrinsic worth of what he had done. But A few literary men, who happened to be these were rare exceptions; the great members of the House, were conciliated, majority of the petitioners offered no such or meant to be so, by coarse flatteries inallegations. They appeared simply as terspersed here and there amidst this tis men whose lives had been conversant sue of insolence; and the majority with literature or science, and who, after chuckled. But the Solicitor-General ample observation and experience, had must have perceived that his recruits had arrived at the conclusion that a legal ex- thrown the position open. 'We are not tension of copyright would tend to pro- here,' cries the member for Finsbury, to mote the absolute interests of science and legislate for the benefit of a few individuletters, and, through them, of the nation als. Our business is to look at authors in every department of its being, by in- as a class of men, and their books as a ducing well-gifted students to elevate class of industrial produce. I find, after their ambition; each saying to himself, diligent inquest on sundry defunct tomes, that henceforth the longest toil bestowed that if you pass the Sergeant's bill you on the most solid materials would not will add nothing to the profits of more necessarily at least bring only that rate of than one author, as authors go, out of five recompense which shorter toil on things hundred.' 'Indeed,' Mr. Solicitor must of flimsier fabric could equally command. have said to himself—though he did not The principle they asserted was this-that think fit to say so to the House-'if this if you say to the labourers in any depart- be so, there is an end of my argument. ment, we want your labour, your utmost If this be so, the system does not work labour,' you will probably, and as the gen- well.' No, truly: Sergeant Talfourd has eral rule, speak in vain as respects the been well served by these your Finsbury best work of the best faculty, unless you auxiliaries. What he and his petitioners make it to be distinctly understood that alleged was exactly what the Coroner asthis shall be rewarded on a higher scale serts more broadly in his own ruder diathan the best work of an inferior faculty, lect. The preamble of the bill suggests, or the inferior work which it can itself as a lamentable probability, what Mr. produce, without being exerted to the Wakley proclaims as an auspicious fact; utmost. The burdens are very unequal and the sole purpose of the bill, is to renin pressure: you want to see the very der it unlikely that in fifty or a hundred heaviest lifted. Can it be for the task- years any British subject should dare to master's advantage, to settle a schedule assert and exult in a condition of things of payments which has no separate column so remote from what ought to be. for weights above a certain moderate The accuracy or inaccuracy of the preamount? cise figures in this calculation signifies This was their plain argument; but no nothing. Some books, it seems, even reasoning, however plain and simple, can now have a vitality greatly-nay, vastly be supposed by persons of the Wakley-beyond that of the mass. No matter and Warburton calibre to be advanced for whether there be one such book among any purpose but that of serving, directly or indirectly, the tangible pecuniary interests of the man that states it: and this was of course to be met, and if possible overthrown, on that footing of their own muddy level. Their answer to Mr. Talfourd now was,-'Yes, here are your petitions at last, and what do they prove Nothing but that you are the tool and mouth-piece of a parcel of conceited coxcombs, who chatter about the narrowness Mr. Robert Chambers, of Edinburgh, of the term during which copyrights are who has, we hear, realized a very handprotected, while they themselves have some fortune as the publisher of the usehardly produced a volume for the pro-ful weekly Journal which bears his name, perty in which any sane man would give comes forward as one of Mr. Wakley's a sixpence at the end of a shorter term coadjutors. Quite contented with having

every hundred, or only one among every five hundred, or, as one of the cipherers says, every five thousand. The thing to be desired is that such books should be produced in far greater proportion; and the likeliest means of serving this end seems to be nothing else but the providing of stronger motives for the undergoing of that superior toil by which alone such can be produced at all.