Sung on his golden harp: the winds were still,
Silent in awe the listening forest stood.

Be hushed ye cedars! murmur but from far;
How burns my soul with rapture strong!
To Him, the Lord, I raise upon new strings
A new and lofty song!

Lord! who is like to Thee! God o'er all Gods,
Alone Almighty, glorious, wise and good,
Just even in anger, when in flame-wreathed clouds
Thy wrath shakes land and flood!

Thou only Great! what may dust offer thee?
My song, 'mid full resounding melody,
Be one among the grateful hosts that praise--
Be all my life one hymn of praise to Thee.

RIGHTS OF AUTHORS.

vernment, are not excepted by the constitution, which therefore virtually, or rather negatively, acknowledges the universality of mind-the boundless lustre or radiance that emanates from genius and intelligence. The productions of the mind, wherever they originate, are illimitable in their influence. Those which are useful to every nation should have a shield of defence thrown around them, that will secure to their author those rights and that protection, which the laws of nature in reason and justice award him, and which therefore should be legally acknowledged and tendered by every government in every civilized nation. The results of intellectual labor exercise a sort of omnipresence and universal 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 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 fed on foreign bounty and ingenuity, now extend their influence and develope their powers by the efforts of native genius and talent; and literature, which not long ago worshipped at the shrine of foreign learning and experience, at length rises, and by her own strength, wends her way through the rugged and not often straight paths of investigation and research, to the highest seat in the temple of fame. America is gradually progressing thither; her early difficulties have been removed; new ones have arisen; but these will be overcome by industry and perseverance. British literature will receive that veneration its antiquity and dignity deserve, without the servile flattery which characterized our early history; while both countries will mutually exchange those courtesies which intelligence and civilization in each require. To emulate the literary zeal and character of our mother country, is certainly creditable to our national mind; to do them honor and render them justice, is unequivocally our duty; and when this is done, we secure our own advantage, and place our own character on a sure foundation.

The sentiment of Bynkershoek (De Foro Legatorum), as quoted by Dr. Wheaton in his excellent work on international law, is strictly applicable to the case before us. He says, "If all men are men, that is to say, if they make use of their reason, it must counsel them certain things which they ought to observe, as if by mutual consent, and which being afterwards established by usage, impose upon nations a reciprocal obligation," &c. Such obligation, arising out of the nature of things, would be tantamount to law, though without its penal sanctions.

In consideration, however, of the selfish propensities of mankind, which expose men of talent and genius to infringement of their rights, laws have necessarily been enacted for their protection, security and encouragement. In the carrying out of our argument, it is not necessary to state when the protecting laws of the United States were enacted-what their benefits, or what their deficiencies. A consideration of their present character will suffice for our purpose. And it must be borne in mind, that the principle for which we contend, and which ought to apply to literature as well as science and art, has been recognized by a recent law of congress. The Hon. Henry L. Ellsworth, commissioner of patents, in his report to the secretary of state, and transmitted to the select committee on the patent laws, says, "The exclusion of foreigners from the benefits of the patent

The fathers of our country had a reference to its prosperity in the aforesaid respects, when engaged in the formation of our constitution-an instrument replete with judgment, discretion and prescience, in so far as human calculation could extend. It is therein provided 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 promotion of science and the useful arts. "Authors and inventors" who may be the subjects of another go

genius, the outpourings of intellect, are thus invested with that superiority which belongs to them. A general and mutual incitement and encouragement will be given to

will be acknowledged by the people's representatives, and Congress will "render to Cæsar the things that are Caesar's"—an international law of copy-right must and will be enacted.

Every writer on this important question, who has taken what we consider a proper view of it, has not

the cultivation of the inventive faculties of men in all nations, while all may reasonably expect to be rewarded for their toil and industry. We might extend our remarks on the benefits to be derived from so just and righteous a law, but we presume these will be obvious to every reflecting mind; the progress of science will be promoted, and every inducement held out for enter-failed to maintain that the present state of our copyprize and perseverance in scientific and useful pursuits. right law, instead of accomplishing the design of its enThere 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 judgment 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 departed great spirits, who, “though dead, proved on the 3d of February, 1831; of course, it took yet spcak." He 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 discrepancies 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 light section of the law referred to reads thus: "And be it publications-a taste for which has grown out of the further enacted, That 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 necessaries 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 honorable. 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-mental oppression, but who, 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 own property is sold without his works at a shamefully trifling expense. These evils consent―aye, contrary to his expressed wish. There have originated in the state of the law. Is it not, thereseems 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 counteracted; 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 keep 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 im-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 seize and retain the "golden opinions" which his to be the subject of another government. We say neindustry and research deserve. And is this system of gatively, because a legitimate 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 which he has purchased, and of

that we cannot do better than apply to the question before us the language of that declaration, to which our fathers pledged their lives, their fortunes, and their sacred honor. Some slight alterations are indicated by italicised words: "Prudence, indeed, will dictate, that practices long established should not be changed for light and transient causes; and accordingly, all experience hath shwon, that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to subject our nation to the charge of injustice and oppression, it is our right, it is our duty, to throw off such practices, and to provide new guards for the security of the inviolable rights of genius and talent."

RIGHT OF INSTRUCTION.

DEAR SIR:

Philadelphia, November 29, 1836.

When I had the pleasure of seeing you, it was my intention that I should probably ask for one or two of your pages in reply to my very industrious opponent on the subject of the "Right of Instruction." On further reflection I have relinquished this design, and am content to

which he is therefore the legal proprietor. In almost every section of the law it is specified, that the "author or proprietor" is the person to be protected from any infringement of his rights; and in reason and in law too, a citizen of the United States may be the legal proprietor of property manufactured in a foreign land. It could never be intended to except literary property. The law does not interdict a contract between a British author and an American publisher; but it does not positively secure to him so contracting, the sole right to import or vend, print or publish, that which he has paid for. The consequence is, that those who have purchased a manuscript or early copy of a foreign author, have been, and still are, exposed to all the evils of competition, with none of its advantages. As soon as the work appears, it may be, and frequently is, reprinted 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 discrepancies of that law, which was "intended for the protection and security of copy-rights." These things ought not to be: protection ought to be afforded to the legal proprietor of any work, whether of native or foreign origin: a copy-right, as well as a patent, should be “assignable in law;" and an American publisher, who purchases a foreign work, should be rendered secure from depredations. Enough has been said on 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 inviolable courtesy which "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 have 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 enjoy 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 public 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 and mental cultivation of our population collectively; but on this point shall only observe, that as a light, trifl.ng, morbid, reading disposition has been created by it, so it has cherished a love of fictional, airy productions, in opposition to the solid, philosophical and useful. Cheap novels have been published and bought, because they were cheap; and while these have vitiated the public taste, they have also lowered the standard of our national literature. It is more than probable, that if the law had been perfect, and had granted to all authors their natural rights, such evils would not have pervaded our land; as it is, it will require not only an alteration in law, but strong moral courage in native authors and publishers to resist the encroachments of that evil genius-cheap nonsense, and establish a literary standard of excellence, and a just return for the same. We must now bring our article to a close, and feel

cide, in such a case, what is the moral duty of another. Men may honestly and rightfully differ about it, and there is no acknowledged, authoritative power to decide between them. For instance, were I a Senator, I should truly believe it to be my moral duty to act on every public question affecting the interests of the whole people of the United States, in the manner which the good of the whole required, and to disregard the instructions of the representatives in another body of the particular state by whose appointment I became a Senator-a legislator for the whole. My moral duty would forbid me to sacrifice the whole to a part, or to prefer the interests of ten of my constituents to the interests of a thousand. On the other hand, I presume the moral duty of my adversary would oblige him to obey such instructions, whatever his conscientious opinion might be of the evil effects of the measure, not only upon the whole, but upon the particular member