Фредерик Марриет - Diary in America, Series Two

She says that Wordsworth is much read. Mr Wordsworth has never even in this country been appreciated as he ought to be. In America it may almost be said that he has not been read; and she adds to this, that Byron is little known ; this is really too bold an assertion. Miss Martineau was everywhere in the best society in America; and I believe that in nine drawing-rooms out of ten, she must have seen a copy of Byron lying on the table.

She says Mr Cooper is a failure. With the exception of Washington Irving, there never was an American writer so justly popular in America as Cooper. It is true that latterly he has displeased the majority, by pointing out to them their faults, and that he is not always in a good humour when he writes about England. But to state the author of such works as “ The Pilot ”, “ The Last of the Mohicans ”, and “ The Prairie ”, a failure, is really too absurd. The cause of this remark is said to be that Mr Cooper had a quarrel with Miss Martineau’s particular friend Mr S—. There is only one remark in the whole of her observations which is in itself true. She says Bulwer is much read. Here she is correct: but the cause which she gives for his being so much read, is not the real one. She asserts it is on account of his liberal opinions; it is not on that account, it is from the interest of his stories, and the beauty of his writing.

But the assertion that seemed to me the most strange in Miss Martineau’s work, was, that Mr Carlisle, the author of “ Sartor Resartus ”, was the most read of any English author. Without intending to depreciate the works of Mr Carlisle, I felt convinced from my own knowledge, that this could not be a fact, for Mr Carlisle’s works are not suited to the Americans. I, therefore, determined to ascertain how far it was correct. I went to the publishers, and inquired how many of Mr Carlisle’s works had been printed. They replied that they had printed one edition of six hundred copies, which they had nearly sold; and were considering whether it would be worth their while to print a second; and in consequence of Miss Martineau’s assertion, that Byron was little known, I applied to the largest publishers in New York and Philadelphia, to ascertain, if I could, how many copies of Byron had been published. The reply was, that it was impossible to say exactly, as there had been so many editions issued, by so many different publishers, but that they considered that from one hundred and fifty to two hundred thousand copies, must have been sold! so much for the accuracy of Miss Martineau. 12 12 Miss Martineau talks of Dr Follett as one of the greatest men in America. I was surprised at this, as I never heard of his name, so I inquired—“Who is Dr Follett?”—“I don’t know.”—“Do you know Dr Follett?”—“Never heard of him.”—“Do you?”—“No.” I asked so many people that at last I became quite tired; at last I found a man who knew him, his answer was—“Oh, yes; he’s an Abolitionist !” As the American critic justly observes, “He shines in the future pages of his grateful guest.”

I am afraid, that notwithstanding the eloquent and energetic exertions of the author of “ Ion ,” we shall never be able to make the public believe that the creations of a man’s brain are his own property, or effect any arrangement with foreign countries, so as to secure a copyright to the English author. As on my arrival in America it was reported in the newspapers that I had come out to ascertain what could be done in that respect, and to follow up the petition of the English authors. The subject was, therefore, constantly introduced and canvassed; and I naturally took an interest in it. Every one almost was for granting it; but, at the same time, every one told me that we should not obtain it.

The petition of the English authors to Congress was warmly espoused by Mr Clay, who invariably leads the van in everything which is liberal and gentlemanlike. A select committee, of which Mr Clay was chairman, was formed to consider upon it, and the following was the result of their inquiry, and a bill was brought in, upon the report of the committee:—

“ In Senate of the United States, Feb . 16, 1837.

“Mr Clay made the following report:—

“The select committee to whom was referred the address of certain British and the petition of certain American authors, have, according to order, had the same under consideration, and beg leave now to report:—

“That, by the act of Congress of 1831, being the law now in force regulating copyrights, the benefits of the act are restricted to citizens or residents of the United States; so that no foreigner, residing abroad, can secure a copyright in the United States for any work of which he is the author, however important or valuable it may be. The object of the address and petition, therefore, is to remove this restriction as to British authors, and to allow them to enjoy the benefits of our law.

“That authors and inventors have, according to the practice among civilised nations, a property in the respective productions of their genius is incontestible; and that this property should be protected as effectually as any other property is, by law, follows as a legitimate consequence. Authors and inventors are among the greatest benefactors of mankind. They are often dependent, exclusively, upon their own mental labours for the means of subsistence; and are frequently, from the nature of their pursuits, or the constitutions of their minds, incapable of applying that provident care to worldly affairs which other classes of society are in the habit of bestowing. These considerations give additional strength to their just title to the protection of the law.

“It being established that literary property is entitled to legal protection, it results that this protection ought to be afforded wherever the property is situated. A British merchant brings or transmits to the United States a bale of merchandise, and the moment it comes within the jurisdiction of our laws they throw around it effectual security. But if the work of a British author is brought to the United States, it may be appropriated by any resident here, and republished, without any compensation whatever being made to the author. We should be all shocked if the law tolerated the least invasion of the rights of property, in the case of the merchandise, whilst those which justly belong to the works of authors are exposed to daily violation, without the possibility of their invoking the aid of the laws.

“The committee think that this distinction in the condition of the two descriptions of property is not just; and that it ought to be remedied by some safe and cautious amendment of the law. Already the principle has been adopted in the patent laws, of extending their benefits to foreign inventions and improvements. It is but carrying out the same principle to extend the benefit of our copyright laws to foreign authors. In relation to the subject of Great Britain and France, it will be but a measure of reciprocal justice; for, in both of those countries, our authors may enjoy that protection of their laws for literary property which is denied to their subjects here.

“Entertaining these views, the committee have been anxious to devise some measure which, without too great a disturbance of interests or affecting too seriously arrangements which have grown out of the present state of things, may, without hazard, be subjected to the test of practical experience. Of the works which have heretofore issued from the foreign press, many have already been republished in the United States; others are in a progress of republication, and some probably have been stereotyped. A copyright law which should embrace any of these works, might injuriously affect American publishers, and lead to collision and litigation between them and foreign authors.