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of July 5, 1851.] fflf> * !!,**&*?? 633
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COPYRIGHT. The question of copyright, wh...
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THE EMPEROR-PBESIDENT. Suppose the Queen...
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WILLIAM CONINOHAM ON THE PARIS ASSOCIATI...
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THK FAMINH INDKX. Tun Irish census just ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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This Sham Coffee Question. Wiiatkvicii F...
r ^ Tdass men who are trying to obtain a livin g , in an humbler sphere , by means not less b Th e adulteration question , like almost everything , he in the present House of Commons is discussed n far too narrow grounds . Sir Charles Wood is Merely asked to rescind the Treasury Minute which Szes the mixture of chicory ; but supposing S were done , the public would not be protected atrinst the dishonest dealer . What we require is a " coniprehensive measure which shall strike at the root of all that buccaniering system of trade of which the horse-bean-coffee traffic is only an offshoot . But there is no man in the House who to view the question in this light , bir Charles
seems Wood tells them that " so far as the mere [ horse bean ! mixture is concerned , the . consumer should be left to take care of himself . " But this absurd extension of the laissez-faire doctrine , although it may pass in the House , outrages the common sense and honest feeling of the community . Narrowminded men of one idea always try to escape from practical difficulties in social science , by resorting to the let-alone theory . Were Sir Charles Wood s mode of dealing with the chicory question the eound one , we ought to get rid of a great deal of troublesome and expensive machinery by which the public are now protected against buccaniering tradesmen . If the consumer is fit to protect
himself against the fraudulent dealer , in regard to the quality of his wares , why all that host of inspectors of weights and measures who are paid to prevent dishonesty as regards quantity ? If the principle is sound in the one case , it must be equally so in the other . But even as regards the quality of what we eat , the common sense of the community has thought proper to appoint officers whose duty it is to protect the consumer against the reckless dealer in unwholesome food . In every town there are market inspectors , who condemn all unwholesome meat exposed for sale . Where is the laissez-faire principle there ? Is it less criminal to deal in drugged coffee , tea , cocoa , beer , milk , and other
articles of universal consumption , than it is to sell tainted butcher ' s meat or fish that have been caught too soon ? We may be told that it would be impossible to pass a bill for the prevention of such "fiauds through a House of Commons , of which one half of the members have been returned by shopkeepers . Granted . But that is no argument against . such a bill ; it is only an additional argument in favour of Universal Suffrage .
Of July 5, 1851.] Fflf> * !!,**&*?? 633
of July 5 , 1851 . ] fflf > * !! , **&*?? 633
Copyright. The Question Of Copyright, Wh...
COPYRIGHT . The question of copyright , which forces itself upon our attention this week , not only by the public meeting in the Hanover-square Rooms , but also by the accive interest with which it is mooted in the literary and legal world , is one of the many now engaging a similar troubled controversy , which can only be settled by applying the principle of Concert .
Let us first present the question as it stands . The law of the subject rests derivatively on the statute of Anne , but immediately on two solemn decisions diametrically opposed to each other *—the judgment of the Queen ' s Bench in the case of lioosey versus Purday , and that of the Judges Kitting in error on the case of Boosey versus JefFerya . In the case of Boosey versus Purday , the Court of Exchequer unanimously and distinctly decided that a foreign author residing abroad is not an author within the meaning of the original statutes on the subject , which conferred copyright on works " composed" by a certain date , and is construe
d to mean works composed in England . In the caao of Boosey versus Jeflerys , the Judges K'lve an exactly opposite decision . The majority of leading booksellers , interested in publication of works by foreign writers , but not acting on selfish K'ounds , desire to obtain a reversal of that later decision ; in order to which they intend to carry ll question into the II 01180 of Lords in its judicial capacit y . ()| lr present object is to show that the «* id of the House had better be invoked in ita legislative capacity ; since the materials for arriving at a thoroughl y sound conclusion , do not exist in the Pi'CHi : nt law . H is natural that they should not exist ; since the C () » stant intercourse with foreign nations , nay , the ir " " n Hyn ° P '' cnl view of the law , and Home very , "' Kent remarks , by a writer wIioko opinion in different 11 ( > m our own , see , ' A Brief Statement on the Subject of "turned Copyri g ht , addressed to . British . Authors , I ' u } ,-/ 1 ' - '; '" * Stationers , Printers , and others interested in v'tf Lilti rtitiire . J ) y Henry Sluard , Solicitor . " Mr . 1 -Mlwo rth , of Chancery-lane , in th « publisher .
Copyright. The Question Of Copyright, Wh...
existence of a great independent nation speaking our own language , are circumstances that belong to our own day , and not to Queen Anne ' s . The law based on the statute of Anne does not provide for the actual state of things ; nor , as we cannot help thinking , has the discussion been sufficiently made to turn upon the living facts , irrespectively of a law applicable only to a state of things now obsolete . The chief reforms offered in public are not so much opposed as incompatible . One is that the author should enjoy his right of copy in every country where he pleases to make it a matter of bargain . Another , that such a notion is to be
negatived on grounds of Free-trade , which make it good for society that no restriction should be imposed on the reproduction of a work once issued by an author . The third is a suggestion of policythat right of copy should only be given to foreign authors of countries that have accepted the principles of reciprocity offered under the International Copyright Act , and withhold it from authors belonging to countries that will not make the proffered compact with us . The upholders of all these propositions profess to desire the encouragement of literature and the good of the community , and all have much to say , incompatible as their arguments
are . ^ . Incompatible , because they speak of distinct things as if they were one . Free-trade has nothing whatever to do with the authors' right of copy ; and by inquiring what is Free-trade , —a question not yet asked!—we shall soon learn what is its limit . Free-trade is free exchange of articles already existing—the abstinence from imposing restrictions on the exchange of articles already produced and offered for exchange ; such restrictions being impediments to the transfer of produce—impediments to consumption and , therefore , to production . But the right of the producer
to hold that which he has produced by the work of his own faculties , as long as he pleases , and to part with it only on conditions , is not a question of trade : it is a- question of property—or of that institution which in its simplest form is nothing more than a police law to protect industry in the enjoyment of its fruits against mere spoliation . Let us say , in passing , that ii is a mistake to suppose that Communism is a violation of that law which , with the protection of person , and the regulation of subsistence for progeny , may be said to form the very basis of any social organization . It is a mistake also to confound such a police law to protect industry with " Protection , " so-called in the political dialect of the day .
A plain illustration will make the distinction intelligible . In the rudest state of settled society , a police law will interfere to protect the tiller from spoliation until he snail have gathered in his corn , the produce of his own hands . It" be can grow corn better than another , who can grow meat and wool better , they will exchange . A third , who grows corn or breeds sheep , may interfere , and ask that one may be hindered , in order that he may monopolize the exchange ; and that is the claim of " Protection" in the modern sense . "
Freetrade" protects the right of exchange—it does not militate against the right of possession and bargain inherent in the actual producer . And unquestionably , if there is some loss to any of the three through defective opportunity or waste of industry , that can only be remedied by Concert , which alone can enable all to use the division of employments to the best advantage . There , in the shortest compass , is the rationale of property , and political ( economy as it relates to the fullest development of productivity .
You must not withhold protection to the individual producer in the right of possession and bargain ; but beyond that you must not interfere with free exchange : if there in any dilliculty , you may mitigate or remove it by Concert . Applying this rule to the right of copy , we see that every author should be protected in the right of possession and bargain for the product of bis own thought . Sound ( economy as well as sound justice would extend that right to every individual , wherever be pleased ,
without regard to race . Such protection would conduce to production : for want of sufficient pro tection we have the notable instance of Southey ' s unwritten Church History ; for want of any protection , the United'Statos , a great state , is almost without a literature . Right of copy , therefore , should be allowed to any author that sought it , foreignas well as native , without reference to international questions . International copyright ought to stand on a totally different footing . If it were complete , it
Copyright. The Question Of Copyright, Wh...
would be like a customs' union—copyright effected in one state would hold good for any state joined to that one . Thus , for literary purposes , any two or more states would become one , Were such the case with England and America , the United States would share our literature without pirating the labour of our authors- ; and American writers would share the protection now enjoyed , and enjoyed in England alone , by Englishmen . As to the advantages of publishers , it would be at least as great . English publishers would acquire the Union in addition to the United Kingdom ; but as the laws of consumption demand a cheap literature for America , the laws of supply would furnish it , probably , from both sides of the Atlantic . Meanwhile American
publishers might partake in the lucre of the trade in more expensive books . And as to the distribution of custom , undoubtedly both authors and purchasers would be guided to London or New York , Edinburgh or Philadelphia , by the general laws of convenience and average- —the broad Atlantic being some check to the caprices of mere " fashion . "
The Emperor-Pbesident. Suppose The Queen...
THE EMPEROR-PBESIDENT . Suppose the Queen were to go about , preside at the opening of railroads , deliver after-dinner speeches , address the Chartists at John-street , and perorate publicly in Palace-yard . Suppose , further , that in all these orations she never mentioned , but carefully suppressed , all allusion to the Monarchy , and directed men ' minds to the contemplation of a Republic or an Autocracy , or any other improbable thing . What would men conclude ? That the Queen was firmly attached to Monarchy and the maintenance of legally constituted authority ? Not exactly . She would not be thought to be quite the pink of the party of order .
Yet this is exactly what Louis Napoleon is constantly doing . It is observed that he never mentions the Republic ; although the bare mention of it would settle much doubt , restore and consolidate order , andclip the wingsof faction . He is alwaysgoing to " save France , " which is in no danger , he is continually lauding the Monarchy or quoting " the Emperor , " and never about to devote himself to the Republic , of which France has constituted him a guardian and chief magistrate . How much the mere utterance of that word would do to silence factions and unite tho people ; but it is not uttered .
William Coninoham On The Paris Associati...
WILLIAM CONINOHAM ON THE PARIS ASSOCIATIONS . The announcement of a lecture by Mr . William Conins :-ham , on the Working-Men's Associations in Paris , will be received with great satisfaction by our road ; rs . Very few Englishmen arc familiar with the sul' j Vet ( . v think we know almost all of them ) and there are none more familiar we believe , than Coningham . II 13 own letters in our pages , have already excited much interest throughout the country , and a desire to know more : his lecture will meet that desire .
No exposition can he more valuable than that which the student of this new doctrine of Association will re * ceive on Friday next . The working-men of Paris have got hold of the true method : they have seized upon the principle , have applied it in the manner which lay within their own power , —not waiting for a reorganization of society , but practically beginning the reorganization ; and they are at once illustrating the operation of that priu ciple , and bringing over immense numbers to tluir fiiiih In England , few men have any idea of the progress that is made in France ; and we would most especially invite the attention of sceptics and opponents to Mr . Coninghani ' B lecture .
Among the causes for hope is the advance of men like Coningham , like our correspondent G . It ., and one or two other men of good faculties and position , who arc applying themselves to the practical study of tlii . s subject ; from this school will be aupplied the stntenuicn for that great labour movement which approaches , and of which they possess the key .
Thk Faminh Indkx. Tun Irish Census Just ...
THK FAMINH INDKX . Tun Irish census just iHSued is the mr . nsurn of Irish emigration and Irish suffering from plague and famine , The population has actually decreased , within ten yean ., l , 0 5 «) ,. ' j : | 0 ! In 1811 there were H , \ 7 . ,, \' ll persons in Ireland ; there arc now only G , f > lr , 7 U 1 --n .
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Citation
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Leader (1850-1860), July 5, 1851, page 13, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_05071851/page/13/
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