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Leader (1850-1860), 5th July 1851, Edition Town of 2, Page 633, Untitled Article

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      Untitled Article

      ""^ Taclass of men who are trying to obtain a living , in an humbler 8 phere > by meaDS DOt ^ ' adulteration queetion , like almost everything , l * e in the present House of Commons , is discussed ' „ far too narrow grounds . Sir Charles Wood is merely asked to rescind the Treasury Mmute which waUzes the mixture of chicory ; but supposing that were done , the public would not be protected ZaiZt the dishonest dealer . What ™ require is Comprehensive measure which shall strike at the * STf all that buccaniering system of trade of which the horse-bean-coffee traffic is only an off-7 hoot . But there is no man in the House who seems to view the question in this hght . Sir Charles 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 sound 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 frauds 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 .

      Untitled Article

      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 active 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 Boosey versus Purday , and that of the Judges sitting in error on the case of Boosey versus Jefterys . In the case of Boosey versus Purday , the Court of Kxchequer 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

      construed to mean works composed in England . In the case of Boosey versus Jefferys , the Judges gave an exactly opposite decision . The majority of leading booksellers , interested in publication of works by foreign writerH , but not acting on selfish grounds , desire to obtain a reversal of that later decision ; in order to which they intend to carry th < - question into the House of Lordn in its judicial < | i | ); i ( "ity . Our present object is to show that the ; ii ( l of the House had better be invoked in its legislative capacity ; since the materials for arriving at a thoroughl y sound conclusion , do not exist in the present law . It in natural that they should not exist ; since the constant intercourse with foreign nations , nay , the

      Untitled Article

      , * For a Hynoptical view of the law , and aome very intelli gent temnrks , by u writer whoso opinion is different from our own , see , " A Brief Statement on the Subject of Hxsumed Copyright , addressed to British Authors , Publishers , Stationers , Printers , and others interested in ifritish Literature . liy Henry Sheard , Solicitor . " Mr . 11 Ulworth , of Chancery-lane , is the publisher .

      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 u 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 shall have gathered in his corn , the produce of his own hands . If he 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 bo 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 anil 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 oeconomy 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 is any difficulty , 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 oeconomy 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 States , a great state , is a / most without a literature . Right of copy , therefore , should bo allowed to any author that sought it , forci gnaa well as native , without reference to international questions . International copyright ought to stand on a totally different footing . If it were complete , it

      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 . "

      Untitled Article

      THE EMPEROR-PRESIDENT . 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 ' s 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 , and clip the wings offtiction . Heis alwaysgoingto " saveFrance , " which is innodangcr , 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 the people : but it is not uttered .

      Untitled Article

      WILLIAM CONINGHAM ON THE PAKIS ASSOCIATIONS . The announcement of a lecture by Mr . William Coningham , on the Working-Men ' s Associations in Paris , will be received with great satisfaction by our readers . Very few Englishmen are familiar with the subject ( we think we know almost all of them ) and there are none more familiar we believe , than Coninghani . His 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 be 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 prin ciple , and bringing over immense numbers to their faith In England , few men have any idea of the progress that is made in France ; and we would most especially invite the attention of nccplics and opponents to Mr . Coninghaia ' a lecture . Among the causes for hope is the advance of men like Coningham , like our correspondent () . II . and one or two other men of good faculties and position , who are applying themselves to the . practical study of this sub ject ; from this school will be supplied the statemnen for that great labour movement which approaches , and of which they possess the key .

      Untitled Article

      Till ! lAMINi ; JNliKX . Tun Irish census just innucd in the measure , of Irinh emigration and Iri . sli Buffering from pluguc hikI famine . The population has actually decreased , within ten years , 1 , (>< W , 33 (>! In 1 H 41 there were 8 , l 7 . > , l' 2 i persons in Ireland ; there are now only C >/>\ ' > , 7 Mi ( l ''*"" crease , of about ' per cent , upon the whole populiition . The towna exhibit mi incieatte , of which thiU of ( 'nlwuy is 4 . ' } , Ilelfaat 32 , Dublin 1 ) , per cent . The . rule of decrease in the counties ranges from 7 (> " » Antrim , to 3 KJ in Mayo . . Dublin i » the only county wliiou shown an inoreutic . The population of Ireland i » now much what it was thirty yeurs ago . This i « a Mtriking Icbkoii to legialatorn of all partien .

      Untitled Article

      Joix 5 , 1851 . ] C |> g n-raDCr- 633

  • Citation
    • Leader (1850-1860), July 5, 1851, page 633, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1890/page/13/