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compelled to resort to stratagem to fulfil his purpose. How pants, surpassed, behind,
In heavenly regions, where my rapturous ear
Drinks in the music of the sphered host, the lady is distracted, the protecting sprite taken by O, muse! be thou my guide, thou whose free wing surprise, and an unseen dart from the deity accom So far has strayed, ne'er in those mazes lost. plishes the victory. The following verses describe the abode of Cupid at
I follow thee—now upward to the sun,
Now wandering in untrodden forests drear, Paphos. The original is in rhyme, but we will not
With Liber's votive dames, confine ourselves to that in a close version.
Where ne'er the muses come—where other stars appear. “It was the hour of noon ; languished the herds, Languished the grass upon the parched earth;
Led by thy hand, when blithe Liceus calls, Red Sirius reigned, in all his burning might,
What can the terrors of the bard awake ?
No! in some distant cleft
Shall my lyre's joy the sleep of echo break.
Only the touch of Pleasyre wakes my strings-
They murmur forth no doleful lay,
But chant of warlike clamor, clashing arms,
And victory in bloody, wild array.
Erst, with a proud delight
Thy hero's brow with laurels didst thou twine; And from all sides called the sweet nightingale.
Wrapt in thy high embrace, Here murmured a young brook; there headlong rushed Drinking the inspiring draught-forever thence to shine A cataract; the foam white streams descending
As Hesper shone-when at the morning dew
From Thetis' arms he sprang,
And trod the starry blue,
While all Olympus to the music rang.
A starry host, the last pale choir of night,
Mourned for him in the waning light: With goldeu sunshine, now 'neath cooling leaves
The young day woke, as on his path he sped,
And sleep and shadows from his eyebeams fled !
Maiden, wouldst thou know the elf ? Veiled in thin gauze, and Passion, and Deceit,
Friendship let him call himselfAnd all the choir of loves.”
Look upon his visage free; The parting of Cupid from the embrace of Pleasure If you fiery glances meet, to go upon his errand, is thus described.
Full of mischief and deceit,
That is Love-doubt not, 'tis he! “So spake he; and from Pleasure's soft lap sprang, Nor without effort from her arms away,
If, a Proteus, he beguile, Tearing himself. So Hector to the fight
Now a tear and now a smileHastened from Priam's walls, and when the sad
If he speak complainingly, Andromache held back his arm, imploring—
Creep to-day, to-morrow run, Not without grief, but as a hero parted,
Ne'er for sixty minutes one,
That is Love-doubt noi, 'tis he !
Wheedling art he knows full well-
On his lips sweet roses dwell; And at their lord's behest his followers
When he speaks, they archly pout: With him forsook the vales and woods of Cyprus.
Quick does passion cloud his brow, Meanwhile around him gentle zephyrs play,
Praying then, commanding now;
That is Love-no longer doubt!
Comes he without bow or dart,
Innocence with guileless heart? Mourned loudlier o'er his wounds; and deeper oaths
View him well upon the spol: Of true faith swore-upon the breezes lavished
See you him with sport and jest, No common victory stays the impatient god;
Stealing nigh your ihoughtless breast? He seeks Selinda-bringa Selinda war."
That is love-0 trust him not! We shall conclude our notice of this poet, by extract The following is among the shortest of the devotional ing some of his minor poems, each in a different style. picces : TO THE LYRIC MUSE.
PRAISE OF THE MOST HIGH. Whither, whither bears unwonted fire
To Zion's sacred hill, on angel's wings, My spirit in its daring lyric flight,
Bears me this power divine, this holy love!
By Siloa's fount shall I the Mighty praise,
Here where the monarch-bard, with heavenly joy, To sweep untroducn paths on high;
Entranced in God, his hymns alone to God
Sung on his golden harp: the winds were still, vernment, are not excepted by the constitution, which Silent in awe the listening forest slood.
therefore virtually, or rather negatively, acknowledges Be hushed ye cedars! murmur but from far;
the universality of mind—the boundless lustre or radiHow burns my soul with rapture strong!
ance that emanates from genius and intelligence. The To Him, the Lord, I raise upon new strings
productions of the mind, wherever they originate, are A new and lofty song!
illimitable in their influence. Those which are useful
to every nation should have a shield of defence thrown Lord! who is like to Thee! God o'er all Gods, Alone Almighty, glorious, wise and good,
around them, that will secure to their author those rights Just even in anger, when in flame-wreathed clouds and that protection, which the laws of nature in reason Thy wrath shakes land and flood !
and justice award him, and which therefore should be
legally acknowledged and tendered by every governThou only Great! what may dust offer thee? ment in every civilized nation. The results of intellecMy song, 'mid full resounding melody,
tual labor exercise a sort of omnipresence and universal Be one among the grateful bosts that praise-Be all my life one hymn of praise to Thee.
monarchy—for their authority is irresistibly felt every where; their power is co-extensive with the existence of mind. There is nothing, therefore, which is so clearly embraced in the subjects of international law-nothing
which so forcibly demands reciprocal legislation, as that RIGHTS OF AUTHORS. protection due to genius-since the enchanting goddess
soars aloft and wings her flight to every part of the No patriotic American can do otherwise than rejoice world, regardless of physical or geographical boundathat his country now stands high in the scale of nations, ries. Such is the natural inviolability of intellectual and that she is reverenced and respected by every govern property, that if men were governed by reason and strict ment in the world. The star-spangled banner of our coun- justice in their dealings with one another, there would try proudly waves in the breeze of every clime; her be no necessity for the interference of law. This is true commercial relations and foreign trading interests, are in respect to many things, but not more reasonable or every day becoming more and more extended and per- equitable applied to any thing than to the one in question. manent. Science and the mechanic arts, which formerly The sentiment of Bynkershoek (De Foro Legatorum), fed on foreign bounty and ingenuity, now extend their as quoted by Dr. Wheaton in his excellent work on ininfluence and develope their powers by the efforts of na- ternational law, is strictly applicable to the case before tive genius and talent; and literature, which not long ago us. He says, “If all men are men, that is to say, if worshipped at the shrine of foreign learning and expe- they make use of their reason, it must counsel them rience, at length rises, and by her own strength, wends certain things which they ought to observe, as if by her way through the rugged and not often straight paths mutual consent, and which being afterwards established of investigation and research, to the highest seat in the by usage, impose upon nations a reciprocal obligation,” temple of fame. America is gradually progressing thi- &c. Such obligation, arising out of the nature of things, ther; her early difficulties have been removed; new would be tantamount to law, though without its penal ones have arisen; but these will be overcome by indus- sanctions. try and perseverance. British literature will receive
In consideration, however, of the selfish propensities that veneration its antiquity and dignity deserve, with-of mankind, which expose men of talent and genius to out the servile flattery which characterized our early infringement of their rights, laws have necessarily been history; while both countries will mutually exchange enacted for their protection, security and encouragement. those courtesies which intelligence and civilization in In the carrying out of our argument, it is not necessary each require. To emulate the literary zeal and charac- to state when the protecting laws of the United States ter of our mother country, is certainly creditable to our were enacted—what their benefits, or what their definational mind; to do them honor and render them ciencies. A consideration of their present character will justice, is unequivocally our duty; and when this is suffice for our purpose. And it must be borne in mind, done, we secure our own advantage, and place our that the principle for which we contend, and which ought own character on a sure foundation.
to apply to literature as well as science and art, has The fathers of our country had a reference to its pros- been recognized by a recent law of congress. The perity in the aforesaid respects, when engaged in the Hon. Henry L. Ellsworth, commissioner of patents, in formation of our constitution—an instrument replete his report to the secretary of state, and transmitted to with judgment, discretion and prescience, in so far as the select committee on the patent laws, says, “The human calculation could extend. It is therein provided exclusion of foreigners from the benefits of the patent that “congress shall have power” “to promote the pro- law, cannot fail to be noticed as an exception to that regress of science and useful arts, by securing for limited ciprocity which this government has ever cherished. times, to authors and inventors, the exclusive right to Citizens of the United States are daily taking out patheir respective writings and discoveries.” Congress is tents in France and England, and the subjects of those also invested with authority to enact such laws as “shall countries are greatly disappointed in being refused a be necessary and proper for carrying into execution the similar privilege here. Congress has sanctioned the foregoing power.” The protection of “authors and in- principle of granting patents to foreigners who apply to ventors” from any infringement of their rights, is clearly that body.” This is as it should be: the creations of the design of the constitution-its ultimate object, the genius, the outpourings of intellect, are thus invested with promotion of science and the useful arts. “Authors that superiority which belongs to them. A general and and inventors" who may be the subjects of another go-mutual incitement and encouragement will be given to
the cultivation of the inventive faculties of men in all, will be acknowledged by the people's representatives, nations, while all may reasonably expect to be rewarded and Congress will "render to Cæsar the things that are for their toil and industry. We might extend our re-Corsar’s”—an international law of copy-right must and marks on the benefits to be derived from so just and will be enacted. righteous a law, but we presume these will be obvious Every writer on this important question, who has to every reflecting mind; the progress of science will taken what we consider a proper view of it, has not be promoted, and every inducement held out for enter- failed to mintain that the present state of our copro prize and perseverance in scientific and useful pursuits. right law, instead of accomplishing the design of its en
There is one class of authors, however, whose rights actment, viz. the encouragement of learning, has unforare as yet withheld and totally disregarded; we mean, tunately prostrated our native energies; by its operaof course, the authors of works exclusively literary. tion the industry and research of American authors have The anomalous character of the existing copy-right been either wholly prevented or greatly retarded. Every law has very justly been the subject of animadversion, person who uses a pen must be aware of the amount of being subversive of the interests both of American and time required to write a full page of a good sized book, foreign authors, and opposed to the true spirit of civili- and hence may judge how much is necessary to write zation, which regards the general good, and aims at the a volume. But the mere writing of a book is comparadiffusion of useful knowledge. By the operation of this tively nothing. A man of sound julgment who writes law the general good is not secured, and the progress of for the public good, weighs well his thoughts-reads and sound permanent literature is impeded. But in order to meditates upon the opinions of others. He is at great make this matter clear, let us examine the law itself as expense in procuring works of talent, that he may hold it now stands. The present copy-right law was ap- converse with deparied great spirits, who,“though dead, proved on the 3d of February, 1831; of course, it took yet spcak.” Ile may find it necessary to remodel and the place of the law passed in 1790, entitled, “ An act rewrite his thoughts; and after much toil and sacrifice, for the encouragement of learning," and also superseded much anxiety and care, his work is at last perfected. the supplement to that law passed in 1802. Inasmuch The next object of the author is to secure a publisher ; as the present law was enacted so recently as 1831, proposals are made; but he finds that for years of pawhen the errors and discrepancics of the old system tient, ardent, and constant investigation and research, he must have been fully exposed, it is a little singular that is to be rewarded with a few hundred dollars. The the prominent deficiencies were not removed. It is true, publisher can scarcely be blamed, for he has no certain however, that they are not removed; and no law of the prospect of a return of capital; and this uncertainty is United States respecting copy-right, awards to authors owing to the fact, that the moiety of money set apart in other countries the right to benefit by the productions by the public for the purchase of books, is expended on and inventions of their own mind, in this. The eighth those innumerable reprints of foreign novels and liglit section of the law referred to reads thus: “. Ind be it publications-a taste for which has grown out of the further enacted, Tha: nothing in this act shall be con- system, and which from the same cause can be had for strued to extend to prohibit the importation or vending, almost nothing. The market is filled, and the native printing or publishing of any map, chart, book, musical author forestalled; his energies are crushed, and his composition, print or engraving, written, composed or coffer empty; so that in order to obtain the necessarics made, by any person not being a citizen of the United of life, he is constrained to engage in employment more States, nor resident within the jurisdiction thereof." profitable, though less bonorable. If he does not, he What a startling clause is this to originate with the con- must be comparatively neglected, and suffer through centrated wisdom of a great and intelligent nation! penury and want. There are some exceptions we The rights of mind are banished from our land. An know--men who have not crouched to the demon of individual residing in London or Paris, or being a sub- menial oppression, but wlin, conscious of their powers, ject of England or France, may spend years, as is fre- have vigorously maintained the conflict with predilecquently the case, in writing or composing a work which tions and prejudices, and having proved themselves will benefit our race; he has labored assiduously in or- equal to the combat, have taken rank with the greatder to its completion ; it appears; an early copy is se- est minds of Europe. But the number is small, and cured by an American publisher; it is soon issued here, will remain so if the present system is continued, and the poor unfortunate author receives no compensa. and the country is flooded with reprints of foreign tion for his labor ; his ovn property is sold without his works at a shamefully trifling exsense. These evils consent-aye, contrary to bis expressed wish. There have originated in the state of the law. Is it not, there. scems to be no other name than fraud for such conduct; fore, grossly deficient? The design of our legislators and yet it is sanctioned by law, and supported by cus- has been counteracieu; learning has not been encoutom. The number of those that practice this uncourtly raged, and an alteration is peremptorily demanded. An behavior towards distant friends, is so great, that they international copy-right law must be enacted, if native kcep each other in countenance. Thus the evil has been authors are to be encouraged and remunerated. perpetuated, and public opinion has not denounced the It will not be difficult to show, that the copy-right violator of international obligations. We offer the man law as it now stands, is injurious to the American pubof learning, who has unceasingly labored for our in- lisher, because it negatively refuses his right to become provement, the words of praise, and at the same mo- the proprietor of a work, the author of which happens ment scize and retain the “golden opinions" which bis to be the subject of another government. We say reindustry and research deserve. And is this system of gatirely, because a legiiimate or reasonable construction injustice to be continued? Can it be longer borne by of the law would protect the American in the publicaintelligent Americans? No! The rights of foreign authors | tion of a foreign work whih he has purchased, and of
which he is therefore the legal proprietor. In almost that we cannot do better than apply to the question beevery section of the law it is specified, that the "author fore us the language of that declaration, to which our or proprietor” is the person to be protected from any in- tithers pledged their lives, their fortunes, and their safringement of his rights; and in reason and in law too, cred honor. Some slight alterations are indicated by a citizen of the United States may be the legal proprie- italicised words: “Prudence, indeed, will dictate, that tor of property manufactured in a foreign land. It practices long established should not be changed for light could never be intended to except literary property. and transient causes; and accordingly, all experience The law does not interdict a contract between a British hath shwon, that mankind are more disposed to suffer author and an American publisher; but it does not po. while evils are suflerable, than to right themselves by sitively secure to him so contracting, the sole right to abolishing the forms to which they are accustomed. import or vend, print or publish, that which he has paid But when a long train of abuses and usurpations, purfor. The consequence is, that those who have purchased suing invariably the same object, evinces a design to a manuscript or early copy of a foreign author, have subject our nation to the charge of injustice and oppression, been, and still are, exposed to all the evils of competi- it is our right, it is our duty, to throw off such practices, tion, with none of its advantages. As soon as the and to provide new guards for the security of the inviowork appears, it may be, and frequently is, reprinted lable rights of genius and talent." in a few weeks, or perhaps a few days; and this velocity of workmanship is accounted genuine enterprize. And thus the American publisher is subjected to literary spoliation and absolute plunder, through the diserepancies of that law, which was “intended for the
RIGHT OF INSTRUCTION. protection and security of copy-rights." These things
Philadelphia, Norember 29, 1836. ought not to be: protection ought to be afforded to the Dear Sir: legal proprietor of any work, whether of native or fo When I had the pleasure of seeing you, it was my inreign origin: a copy-right, as well as a patent, should tention that I should probably ask for one or two of your be "assignable in law;” and an American publisher, pages in reply to my very industrious opponent on the who purchases a foreign work, should be rendered subject of the "Right of Instruction.” On further reflecsecure from depredations. Enough has been said on tion I have relinquished this design, and am content to this point, to show that the source of existing griev- leave our controversy where it now stands, as I doubt ances is in the law of copy-right. We may as well not that you and your readers are tired of us both. My state here, that in London, the world's emporium of object would have been to show, what I think is suffiliterature, a publisher who purchases an American ciently obvious, that when your correspondent rejects, work, is protected from piracy, we believe, by law; but in my definition of the doctrine of instructions, the terms we are confident he is by that inviolablc courtesy wbich" official duty," and substitutes for them “ moral duty,” one publisher shows to another: hence, our authors he changes the whole ground of the question, and gives bare not unfrequently received four or five thousand it a shape and position which I have no disposition to dollars for a single work—at once obtaining fame and assail. An official, constitutional duty, is inseparably emolument; and we may safely add, that those of our connected with the office. It is definite and certain, that native authors who have attained the acme of popularity the officer may know precisely what it is, and how he and honorable affluence, sought and found them in a fo- is bound by it; it is intelligibly prescribed and imposed reign land. England has done her duty. In order to upon him by the authority which created the office and reciprocate the benefits our authors cnjoy in other lands, made him the officer. Nothing is left to him in deciand to concede the privileges we receive, it is essentially ding what it is, or in fixing the limits of his obligation necessary, in the absence of those principles of chivalry to obey. The constitution and the law determine the and courtesy which protect the foreign publisher, that official duty of every publie officer. But a moral duty we should establish an international law of copy-right. in a question of this sort, is just what the conscientious
We could easily show, that the system of abuse which judgment of the agent may make it. No man can dehas obtained among us, is opposed to the moral interests cide, in such a case, what is the moral duty of another. and mental cultivation of our population collectively; Men may honestly and rightfully differ about it, and but on this point shall only observe, that as a light, tri- there is no acknowledged, authoritative power to defog, morbid, reading disposition has been created by cide between them. For instance, were I a Senator, I it, so it hus cherished a love of fictional, airy produc- should truly believe it to be my moral duty to act on tions, in opposition to the solid, philosophical and use every public question affecting the interests of the fol. Cheap novels have been published and bought, he whole people of the United States, in the manner cause they were cheap; and while these have vitiated which the good of the whole required, and to disregard the public taste, they have also lowered the standard of the instructions of the representatives in another body our national literature. It is more than probable, that of the particular state by whose appointment I became if the law had been perfect, and had granted to all au a Senator-a legislator for the whole. My moral duty thors their natural rights, such evils would not have per- would forbid me to sacrifice the whole to a part, or to vaded our land; as it is, it will require not only an al- prefer the interests of ten my constituents to the teration in law, but strong moral courage in native au interests of a thousand. On the other hand, I presume thors and publishers to resist the encroachments of that the moral duty of my adversary would oblige him to evil genius-cheap nonsense, and establish a literary obey such instructions, whatever his conscientious opis standard of excellence, and a just return for the same. nion might be of the evil effects of the measure, not
We must now bring our article to a close, and fuell only upon the whole, but upon the particular member
of the Union from which he receives the instruction. And Age lainents with bosom chill We are equally sincere and honest in our opinion, and,
Its buried earthly all, of course, the obligations of moral duty furnish no rule Thy witherd eyes a signal bright for us both-that is, a rule which would bold us to the
Beyond the grave shall see, same conduct in the same circumstances. The differ For He, who maketh darkness light, ent courses and conclusions of Mr. Tyler and Mr. Thy God, shall walk with thee. Leigh, show how differently they understood this mo Harlford, Con. Dec. 31st, 1836. ral duty. An official duty may sometimes be in opposition to the moral sense of the agent; as in the case of an executive officer, and even of a judge, who may be compelled to do what his moral sense disapproves.
STANZAS The strictness of the law may press hardly-nay, un- Suggested on hearing the Church Bell of a Sabbath morning at justly, in a particular case, civil or criminal; but it is
while the writer was reading a Popular Romance of the official duty of the judge or sheriff to execute the
BY JUDGE HENRY THOMPSON. law, although, if left to follow their own sense of their moral duty, they would recoil from it. I should have There is a rapture, oft revealed, extended and illustrated these views and principles, but To which the wayward heart must yield, am satisfied to close the contest as it now stands be 'Tis garnered up within the soultween us. I will add, that the time and manner of the A charm, we may not all control. introduction and origin of the doctrine of instructions, It is that day-dream of the past is a subordinate question to the right. I think, how Which murmurs on the summer blast, ever, that it could be easily shown that all the industry And comes serene on sightless wing, of my opponent has not enabled him to shake my posi With tearsul, fervid whispering, tion, that this doctrine, as now asserted, is of recent date When youth hath flown, yet hath not gone, comparatively, and was never maintained by the fra The genii spirit of its morn! mers of the constitution. I am content, also, to leave
And now that bell this question as it stands.
Awakes its spell,
And minds me of
The Sabbath knell,
To Mr. T. W. White.
Which tolls amid the verdant bloom,
WALK WITH THE LORD.
BY MRS. L. H. SIGOURNEY.
Zechariah 14:7 v
When every scene is fair,
And fragrance fills the air ;
And in thy being's pride,
Omnipotence thy guide.
When fervid suns are high,
Allureth manhood's eye, -
Thy soul's opposers meet,
That bind the pilgrim's feet.
When twilight dews descend,
As for some smitten friend;
On mournful wing away,
For He shall be thy stay.
Till midnight spreads its pall,
Ah! had my bark on life's sad sea
But now, dear sire!
Its latert fire.
Father! I'm with you once again!