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Leader (1850-1860), 5th July 1851, Edition Town of 2, Page 624, Untitled Article

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      Untitled Article

      report ; and I can hardly credit its accuracy when I see it puts such statements into the Premier ' s mouth as the following : — " 1 . That Sir Harry Smith filled up the Legislative Council in 1850 , by election rather than by nomination in order to give greater weight to their opinions ; whereas the truth was he could not get nominees to serve , having tried in vain for two years previously , nor could he have got even elected members , except for the sole purpose of constituting the promised representative form of Government .

      " 2 . That the elected members resigned , because they found themselves in a minority on questions relating to the proposed constitution ; whereas any child need only read the published papers to see that they readily submitted to all such adverse votes , but resigned rather than be made to proceed to ordinary instead of constituent legislation . " 3 . That Sir Harry and his law advisers proceeded to form the remaining nominee councillors into a commission to consider the details of the constitution ; which , however , adds Lord John , they obviously could not frame into the shape of ordinances : —a plausible salve over Lord Grey ' s gross constitutional blunder in reprimanding Sir Harry for not having used this rump of the Council to frame ordinances .

      " 4 . That the resigning members were not justified by anything ^ in the Letters Patent of 1850 , which could make them think they were not to undertake ordinary legislation : —a mere evasion of the point , which is not that the Letters Patent , but that their understanding with their own electors , bound them honourably to undertake nothing before the formation of the new constitution . On Sir Harry ' s attempt to throw , in the first place , all his past egregious policy and appropriations of revenue under the cover of" their sanction , they were bound in honour , and even if not , had an undoubted right to resign .

      " 5 . That as a large party in the colony opposes as supports the resigning members : —a palpable and monstrous error , only to be accounted for by the wilful blindness of Government , who choose to take all their information from a learned professor of Cape Town College , who happens to be in England , instead of giving ear to the accredited exponents of popular feelings . " The last and greatest error in this speech seeks to vindicate that final constitutional blunder , by which Lord

      Grey has , at the cost of his o wn reputation , of the Crown ' s honour , and of the peace and safety of the colony , elicited a damnatory legal opinion from very high authorities , ¦ which annihilates the last scarecrow of constitutionmaking sent out from hisingenious laboratory . Into this I should not prematurely or cursorily enter ; nor would I obstruct , by the slightest whisper of interruption , the measures now urgently needed , no longer to merely criticise or improve a policy , but to save a most important colony from anarchy and imminent disruption . "

      Untitled Article

      THE COPYRIGHT QUESTION . A meeting of British authors , publishers , stationers , printers , and others interested in the subject of copyright , held on Tuesday afternoon at the Hanoversquare Rooms , to take into consideration the present anomalous state of the laws relating thereto , as recently interpreted in the Court of JSrror . The circular convening the meeting stated , that by this interpretation , which reversed several recent decisions , the claim of a non-resident foreign author to copyright in this country was allowed , although the English author was strictly excluded from the benefit of

      copyright in foreign countries . The unreciprocated privilege thus conferred on foreigners , if finally established , would prove extremely prejudicial to the interests of British literature in all its departments , ¦ while it removed every inducement to the acceptance of their proposed International Copyright Act . The chair was taken by Sir Edward Bulwer Lytton , who was supported by Mr . Henry Bohn as vice-chairman . Among those on . the platform we observed Messrs . George Cruikshunk , William Howitt , John Britton , Henry Colburn , R . H . Home , William Macl ' arlane , Ernest Jones , and Wilkes .

      Sir Edward Bulwer Lytton , after an introduction of some interest , said : — " He would pass to a case which occurred two years back , premising that the law wus not disputed before 1822 . In the case of " Boosey v . Purday" it w » u declured that the right was only intended for the benefit of English authors , and that foreigners could not oht / tin ft copyright here . All thia hud been reversed by Lord Campbell , ¦ who had decided that the foreigner , by Bending his work here for first or simultaneous publication , nnd the publisher ia this country , have the Hume { trivilcgeH as an English author . He should not for an instant attempt to H « -t up a contrary opinion if In- did not think tliaL Lord Campbell had decided the question rather according to Ilia views of literary property nnd political ( economy ,

      than as a judgment of law . He hud tin id that it wan au act for encouraging learning ; but even suppoHing it was only to be applied to learning , he would ask , Might it not be rather advisable , that foreignt-iB tthould publish first in this country ? lie quoted two neta of Edward IV . and Richard III . to show that the Legislature encouraged foreign hooks , and enabled them to be brought over . Thin who uIho recited in the met of Ajiiio , and they would , indeed , bo barbarians if they opposed it ; but it wuh a qxiebtion whether one publisher should have the monopoly of the importation , or whether it should conic through u variety of publishers . Granting that the act of Anne wan for the pro tection of literature , wan th .-re not Hoiuething in it . of the utmoHt importance to foreigner t It win only Hiiiee Die peace that our literature had been published abroad . " Qu Uxo » uto of iutenxfttionjU copyright h « © b # erv © d : —

      " They had recently passed an act by which copyright was given to the authors of those countries who would reciprocate the same . Some of the German States had entered into this arrangement . France and America still held back , although in both many eminent men were in favour of it ; but as long as this reading of the act of Anne was taken , the International Copyright Act -would only be a sheet of parchment to make battledores and shuttlecocks of . Foreigners would not give anything unless they obtained something in return . In light literature alone , in bis own case , if this law had been established when he began to write , he Bhould have been £ 60 , 000 richer . " America has actually no native literature , on account of the inundation of pirated reprints of French and English books . Mr . H . G . Bohn , in a long speech , commented on the recent decisions , and moved the following resolution : — " That this meeting views with apprehension the recent decisions of the Court of Error , reversing the previous decision of the Court of Exchequer , and thereby declaring that foreign authors resident abroad are entitled to British copyright , although subjects of a state which declines to avail itself of the International Copyright Act : that such decision , if finally established , must prove extremely prejudicial to the interests of British literature in all its departments , while it removes a material inducement to the acceptance by foreign states of the International Copyright Act . " Mr . Ernest Jones moved an amendment to the effect- -that the meeting viewed with satisfaction the recent judgment of Lord Campbell as one of the preparatory steps , and as being the most conducive to that which justice required , an international law of copyright—which was seconded by Mr . Wilkes , bookseller , of Craven-street . The Chairman put the amendment , which was lost , and the original resolution was carried . The following resolution was also agreed to : — "That this meeting considers the subject of great national interest and importance , and that the expense of determining the meaning of the law thereon ought not to devolve on a private individual . That , therefore , a society be formed to consider and adopt the necessary steps to obtain a satisfactory adjustment of the law , as well as to provide , by public subscription , for the requisite expenditure . "

      Untitled Article

      THE CORN MILLERS' LEAGUE . A league of millers has been established for the purpose of preventing the importation of foreign flour . They call for petitions in support of a motion which Lord Naa 8 will bring forward on the 15 th of July , and they issued a circular on the 30 th ultimo , from the offices of the League , 3 , Bridge- street , Westminster . In support of the movement they make a call of 5 s . per pair of stones , upon the members of the league . The points in their case are stated in a letter from Mr . John Jackson , of the Fleet Mills , Oulton , near Wakefield , to his " Brother Millers : "—

      " We are , " he writes , "in a very disagreeable position at present . We have large sums of money invested in our mills and business , including stock in trade , book debts , &c ., and every day we find our old connections leaving us , and buying foreign flour instead of homemade . " And why is this ? Simply because they can buy it cheaper : and why can they buy foreign flour cheaper than English ? I will tell you . " It is notorious that the English agriculturists do not supply iia with ft& much wheat as is necessary for the wants of the people . Since 183 G this has been a regularly importing country , and the average quantity

      required from abroad , I take to be from three to five million quarters of wheat per annum . Now , if the English farm ers would supply u s with as much wheat at home as we require , we mig ht then safely defy all comp etition from abroad ; but , seeing that they , from variouH causes , cannot do this , the question remains , In what shape is the deficiency to be brought over ? " We are called selfish if we say ' In wheat , ' and are told , ' Oh , you want it to grind . ' Of course we do ; we have everything requisite to enable ua to grind all the flour than " can be used in this country , and we naturally object to see our trade passing away into the hands of foreigners .

      " Every quarter of wheat ground abroad displaces so much machinery and labour at home . The importations of foreign flour are nearly 60 , 000 sacks weekly , nnd are increasing . Now , all these could be as well ground and dieted here ; and you know , from Had expedience , these importations have bo swamped out markets and our Bale for home-made flour , that many of us have been compelled to shutdown our lnilln , several to only partially work them , and we who continue to run full time , are doing no at a dead Ions , and which cannot continue inach longer . You know , moreover , that the lout * of grinding all thiu mull ' in not confined to ourselves , but in a national lon » , for , when wo Ktop biiHiiicHH , who in to buy the corn , and employ our labourern ? and how many branches of trade will Miller with un ?

      < Hut it is in the cost of importing flour in preference to wheat that the foreign miller gaiiiH over uh . If 1 buy 1000 quartern of wheat in Nun ten and neiul it to Liverpool , and if I buy 1000 kucUh of flour ftt Nantes and nend it to Liverpool also , the freight , insurance , and vnriouH cbnrgCH on the flour will be nearly 2 n . per Hack 1 chh than on the wheat ; and if the wheat had been ground in Nanteti , there would not have been more than 1000 sacks of flour m * d « from it ( in fact uot quite n » much ) , no that by

      grinding the wheat first , our French nei ghbours save nearly 2 s . per sack in charges , and they keep the coarse stuff at home . To some ports of England the difference in charges would be still greater , indeed I have seen a letter from ** a protectionist miller , " ^ in which he makes it appear that we require a differential duty of at least 5 s . per sack to enable us to compete fairly with the foreigner—this , be it remembered , is not for protection it is for justice to ourselves . " French flour has this peculiar feature , that when manufactured for the English market , it occupies little more than one-half the weight or bulk of the raw

      material , and I believe you will find that almost every other manufactured article occupies more bulk when made up and generally is of greater weight than the raw material ! " Itis clear , then , that our efforts ought to be directed towards obtaining such a duty on flour as will not allow the foreigners to have any longer an unfair advantage over us . Some of us are Protectionists , and some are Free-traders , and there is of course a difference of opinion as to whether there should be more than a differential duty , but that there should be a duty , to prevent the importation of flour on more favourable terms than wheat , no one will be prepared to deny . "

      Untitled Article

      CONTINENTAL NOTES . The two topics in French news are , the utter failure of trve revision and petition movements , and the visit of Louis Napoleon to Poitiers . On the first topic the Assemblee Nationale , the organ of the Fusionists , says : — " The legal revision of the Constitution is materially impossible ; the illegal revision would carry us further than we wish . The revision is no longer anything but an abstraction ; it is still for some people a reverie more or less contemplative , and more or less melancholy . But , in reality , it can be so no longer . These are truths which

      we have thought it desirable to state . We must avoid illusions , prevent miscalculations , and show things as they are . We wish that the country would accustom itself to the idea that the revision , however desirable it may have been if it could have been efficacious , may very well not take place , and that without any great loss . It is above all things necessary that the country should not add to its present real sufferings by an inquietude without object and without result . Let it not trust to fac itious agitation . Let it look with a calm eye on the ctfili of 1852 , with which people would wish to frighten it , and which it will pass without difficulty , provided it enter upon it with resolution . "

      The Duke de Noailles has left Paris for Frohsdorff , in consequence of a summons from the Comte de Chambord . The Duke de Noailles being one of the leaders of the Fusionist party , and . the intimate friend of M . Guizot , considerable interest is attached to his journey . Some of the papeis say that before leaving Paris the duke had a long and confidential interview with General Changarnier . Foiled in revision , the Bonapartists have taken refuge in the prolongation of the powers of the President . The Constitutional remarks , that "in case the wish of the nation is not accomplished by the revision , it will be so otherwise , for if the sovereign people cannot manage its affairs by its representatives , it will do them itself . " The moderation of this language shows what a change has taken place even among the Bonapartists on the question of the revision . No one now thinks of a violation of the

      Constitution , it is said . On the contrary , a g many think about it , but no one dares to try and accomplish it . The President proceeded on Tuesday to Poitieri , where he delivered the following speech at the inaugural banquet : — " Monsieur lc Maire , —Be my interpreter with your fellow-citizens , and thank them for the reception , so kind and so cordial , which they have given me . Like you , I look to the future fate of the country without apprehension , for its safety will always proceed from the will of the people freely expressed and religiously a ' ceepted . ( Ajiplause . ) And , therefore , I anxiously wish for the uok ' iim moment when the powerful voice of the nation

      will bear down all kinds of opposition , and p lace in accord all rivalries . { Applause . ) For it is most afflicting to behold revolutions convulse society , heap up ruin on ruin , and yet leave still upstanding the same paauioiis , the same exi ^ encieu , and the same elements of disturbance . { Applause ) When one traverses France and beholds the varied riches of her soil , the marvellous products of her industiy ; when oiieadmireu her rivers , roud « canals , and railways—her ports bathed b y two greut seas—one in obliged to ask to what degree of pronpeiilj hhe would not attain if a durable tranquillity would i ^ finit her inhabitants to cooperate together , with » M their means , for the general good , in place of y ielding to n » - teatine dissensions . { Applause . ) When , under another point of view , one reflect * on that territorial unity which

      bun been bequeathed to us by the persevering efforts <> f the monarchy— that political , judicial , administrative , and commercial unity which huu been given to uh by revolutions ; when one contemplates those population " . so intelligent and laborious , animated as they almost all are by the same belief , and upcuking the Bame lungi '" K' ' — that clergy ho venerable , inculcating morality a '" virtue — that magistracy bo renowned for impartiality . which causes justice to be respected — that army B ( j valiant and well-disciplined , whioh ia only acquaint '"! with honour and duty — ( bravo , bravo )—in line , when <>»« learns to uppicciate tl >» t crowd of eminent men capable <>' guiding the tfovcuirnent , and to adorn unneiiiblieH an « ' » ' ! ha the sciences and the urta—when all thin ib borne in ••" . " ' one seeks with unxiety what the causes can be W * ? . J prev « nt this nation , alr « ndy « o grent , from Jtwe omipg •* " '

      Untitled Article

      « 24 ftht Htatter . [ Saturday ,

  • Citation
    • Leader (1850-1860), July 5, 1851, page 624, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1890/page/4/