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in his right to the market of the world. This is one of the points to which we particularly wish to call attention. Give us international copyright, and it immediately becomes possible in the United States for a man who is not rich to devote his existence to the production of works of permanent and universal value. Continue to withhold international copyright, and this privilege remains the almost exclusive portion of men of wealth. For, in the United States, there is scarcely any such thing as honest leisure in connection with business or a salaried office.

Now, with regard to Mr. Motley, whose five massive volumes of Dutch History are addressed to the educated class of all nations, - before that author could write the first sentence of his work he must have been familiar with six languages, English, Latin, Dutch, French, German, and Spanish, besides possessing that general knowledge of history, literature, and science which constitutes what is called culture. He must also have spent five laborious years in gaining an intimate knowledge of his subject, in the course of which he must have travelled in more than one country, and expended large sums in the purchase of books and documents, and for copies of manuscripts. Living in the cheap capitals of Continental Europe, and managing his affairs with economy, he may have accomplished his preparatory studies at an expenditure of ten thousand dollars, — two thousand dollars a year. The volumes contain in all about three thousand five hundred large pages. At two pages a day, which would be very rapid work, and probably twice as fast as he did work, he could have executed the five volumes, and got them through the press (a year's hard labor in itself), in seven years. Here are twelve years' labor, and twenty-four thousand dollars' necessary expenditure. Mr. Motley probably expended more than twelve years, and twice twenty-four thousand dollars; but we choose to estimate the work at its necessary cost. Two other

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items must be also considered: 1. The talents of the author, which, employed in another profession, would have brought large returns in money and honor; 2. The intense and exhausting nature of the labor. The production of a work which demands strict fidelity to truth, as well as excellence in composition,—which obliges the author, first, to know all, and, after that, to impart the essence of his knowledge in an agreeable and striking manner, - is the hardest continuous work ever done by man. It is at times a fierce and passionate joy; it is at times a harrowing anxiety; it is at times a vast despair; but it is always very hard labor. The search after a fact is sometimes as arduous as the chase after a deer, and it may last six weeks, and, after all, there may be no such fact, or it may be valueless. And when all is done, when the mountain of manuscript lies before the author ready for the press, he cannot for the life of him tell whether his work is trash or treasure. As poor Charlotte Brontë said, when she had finished Jane Eyre, "I only know that the story has interested me." Finally comes the anguish of having the work judged by persons whose only knowledge of the subject is derived from the work itself.

No matter for all that: we are speaking of money. This work, we repeat, cost the author twenty-four thousand dollars to produce. Messrs. Harper sell it at fifteen dollars a copy. The usual allowance to the author is ten per cent of the retail price, and, as a rule, it ought not to be more. Upon works of that magnitude, however, it often is more. Suppose, then, that Mr. Motley receives two dollars for every copy of his work sold by his American publishers. A méritorious work of general interest, i. e. a book not addressed to any class, sect, or profession, that costs fifteen dollars, is considered successful in the United States if it sells three thousand copies. Five thousand is decided success. Seven thousand is brilliant success. Ten thousand copies, sold in the lifetime of the author, is all

the success that can be hoped for. Ten thousand copies would yield to the author twenty thousand dollars, which is four thousand dollars less than it cost him.

But Mr. Motley's work is of universal interest. It does not concern the people of the United States any more than it does the people of England, France, and Germany, nor as much as it does the people of Spain and Holland. Wherever, in the whole world, there is an intelligent, educated human being, there is a person who would like to read and possess Motley's Histories, which relate events of undying interest to all the few in every land who are capable of comprehending their significance. Give this author the market of the world, and he is compensated for his labor. Deny him this right, and it is impossible he should be. England buys a greater number of fifteen-dollar books than the United States, because, in England, rich men are generally educated men, and in the United States the class who most want such books cannot buy them. Our clergy are poor; our students are generally poor; our lawyers and doctors are not rich, as a class; our professors and schoolmasters are generally very poor; our men of business, as a class, read little but the daily paper; and our men of leisure are too few to be of any account. Nor have we yet that universal system of town and village self-sustaining libraries, which will, by and by, abundantly atone for the ignorance and indifference of the rich, and make the best market for books the world has ever seen. England would readily "take" ten thousand copies of a three-guinea book of first-rate merit and universal interest. A French translation of the same would sell five thousand in France, and, probably three thousand more in other Continental countries. A German translation would place it within the reach of nations of readers, and a few hundreds in each of those nations would become possessors of the work. Or, in other words, an International Copyright would multiply the gains of an

author like Mr. Motley by three, possibly by four. 20,000 X 3 = 60,000.

We are far from thinking that sixty thousand dollars would be a compensation for such work as Mr. Motley has done. We merely say, that the reasonable prospect of even such a partial recompense as that would make it possible for persons not rich to produce in the United States works of universal and permanent value. The question is, Are we prepared to say that such works shall be attempted here only by rich men, or by men like Noah Webster, who lived upon a Spelling-Book while he wrote his Dictionary? Generally, the acquisition of an independent income is the work of a lifetime, and it ought to be. But the production of a masterpiece, involving original research, is also the work of a lifetime. Not one man in a thousand millions can do both. Give us International Copyright, and there are already five publishers in the United States who are able and willing to give an author the equivalent of Gibbon's sixteen hundred pounds a year, or of Noah Webster's SpellingBook, or Prescott's thousand dollars a month; i. e. maintenance while he is doing that part of his work which requires exclusive devotion to it. Besides, a man intent upon the execution of a great work can contrive, in many ways, to exist-just exist for ten years, provided he has a reasonable prospect of moderate reward when his task is done. There are fifty men in New England alone who would deem it an honor and a privilege "to invest" in such an enterprise.

Mr. Bancroft's is another case in point. Mr. Buckle remarks, that there is no knowledge until there is a class who have conquered leisure, and that, although most of this class will always employ their leisure in the pursuit of pleasure, yet a few will devote it to the acquisition of knowledge. These few are the flower of their species, its ornaments and benefactors, for the flower issues in most precious fruit, which finally nourishes and exalts the whole. We are such idle and pleasure-loving

obliges us to wait for works of permanent and universal interest until the accident occurs of a rich man willing and able to execute them? It is not an accident, but a most rare conjunction of accidents. First, the man must be competent; secondly, he must be willing; thirdly, he must be rich. This fortunate combination is so little likely to occur in a new country, that it must be accounted honorable to the United States that in the same generation we have had three such men, Bancroft, Motley, and Prescott. Is it such persons that should be singled out from the mass of their fellow-citizens to be deprived of their honest gains? Besides, riches take to themselves wings. A case has occurred among us of a rich man devoting the flower of his days to the production of excellent works, and then losing his property.

creatures, and civilization places so many alluring delights within the reach of a rich man, that it must ever be accounted a merit in one of this class if he devotes himself to generous toil for the public good. George Bancroft has spent thirty years in such toil. His History of the United States has stood to him in the place of a profession. His house is filled with the most costly material, the spoils of foreign archives and of domestic chests, the pick of auction sales, the hidden treasure of ancient bookstores, and the chance discoveries of dusty garrets. His work has been eminently "successful," and he has received for it about as much as his material cost, and perhaps half a dollar a day for his labor. When the third volume of the work was about to appear, a London publisher offered three hundred pounds for the advance sheets, which were furnished, and the money. It will be of no avail to adduce the was paid. The same sum was offered and paid for the advance sheets of the fourth volume. Then the London publisher discovered that "the courtesy of the trade" would suffice for his purpose, and he forbore to pay for that which he could get for nothing. Six hundred pounds, therefore, is all that this American author has received from foreign countries for thirty years' labor. His work has been translated into two or three foreign languages, and it is found in all European libraries of any completeness, whether public or private; but this little sum is all that has come back to him. Surely, there cannot be one reader of this periodical so insensible to moral distinctions as not to feel that this is wrong. The happy accident of Mr. Bancroft's not needing the money has nothing to do with the right and wrong of the matter. No man is so rich that he does not like to receive money which he has honestly earned; for money honestly earned is honor as well as reward, and it is not for us, the benefited party, to withhold his right from a man because he has been generous to us. And the question again occurs, Shall we sit down content with an arrangement which

instance of Dr. J. W. Draper. We have had the pleasure of hearing Dr. Draper relate the history of his average day. Up at six. Breakfast at seven. An hour's ride to the city. Busy at the New York University from nine to one. Home in cars to dinner at three. At four P. M. begins his day's literary work, and keeps steadily on till eleven. Then, bed. Not one man in many millions could endure such a life, and no man, perhaps, ought to endure it. Dr. Draper happens to possess a most sound and easy-working constitution of body and mind, and he has acquired a knowledge of the laws which relate to its well-being. But, even in his case, it is questionable whether it is well, or even right, to devote so large a part of his existence to labor. It is probable, too, that an International Copyright would, ere this, have released him from the necessity of it, or the temptation to it.

Few of us are aware of the extent to which American works are now reprinted in England. We noticed, the other day, in an English publication, a page of advertisements containing the titles of thirteen volumes announced to be sold at "Is." or "1s. 6d." Twelve of the thirteen were American. Among

them, we remember, were Mrs. Stowe's "Little Foxes," Dr. Holmes's "Humorous Poems," and Mr. Lowell's "Biglow Papers." The cheap publication stores of Great Britain are heaped with such reprints, the sale of which yields nothing to the authors. We have even seen in England a series of school writingbooks, the invention of a Philadelphia writing-master, the English copies of which betrayed no trace of their origin. Nor have we been able, after much inquiry, to hear of one instance in which an English publisher has paid an American author, resident in America, for anything except advance sheets. Mr. Longfellow, whose works are as popular in England as in America, and as salable, has derived, we believe, considerable sums for advance sheets of his works; but, unless we are grossly misinformed, even he receives no percentage upon the annual sale of his works in Great Britain.

And the aggravating circumstance of all this spoliation of the men and women who are the country's ornament and boast is, that it is wholly our fault. We force the European publishers to steal. England is more than willing, France is more than willing, Germany is quite willing, Sweden, Denmark, and Russia are willing, to come at once into an international arrangement which shall render literary property as sacred and as safe in all civilized lands as tobacco and whiskey. All the countries we have named are now obliged to steal it, and do steal it. Who would have expected to find the Essays of Mr. Emerson a topic in the interior of Russia? We find them, however, familiarly alluded to in the Russian novel "Fathers and Sons," recently translated. If authors had their rights, a rill of Russian silver would come trickling into Concord, while a broad and brimming river of it would inundate a certain cottage in Hartford. How many modest and straitened American homes would have new parlor carpets this year, if henceforth, on the first days of January and July, drafts to their address were to be dropped in the mail in every capital of

the world which the work done in those homes instructs or cheers! Nor would new carpets be all. Many authors would be instantly delivered from the fatai necessity of over-production, -- the vice that threatens literature with annihilation.

There is another aggravating circumstance, most aggravating. The want of an International Copyright chiefly robs our best and brightest! A dull book protects itself; no foreigner wants it. An honest drudge, who compiles timely works of utility, or works which appease a transient curiosity, and which thousands of "agents" put under the nose of the whole population, can make a fortune by one or two lucky hits. There are respectable gentlemen not far off, who, with pen and scissors, in four months, manufactured pieces of merchandise, labelled "Life of Abraham Lincoln," of which a hundred thousand copies each were sold in half a year, and which yielded the manufacturer thirty thousand dollars. This sum is probably more than twice as great as the sum total of Mr. Emerson's receipts from his published works, the fruit of forty years of study and meditation. It is chiefly our dear Immortals and our best Ephemerals who need this protection from their country's justice. It is our Emersons, our Hawthornes, our Longfellows, our Lowells, our Holmeses, our Bryants, our Curtises, our Beechers, our Mrs. Stowes, our Motleys, our Bancrofts, our Prescotts, whom we permit all the world to plunder. We harmless drudges and book-makers are protected by our own dulness. We are panoplied in our insignificance. The stupidest set of school-books we ever looked into has yielded, for many years, an annual profit of one hundred thousand dollars, and is now enriching its third set of proprietors. No one, therefore, need feel any concern for us. We can do pretty well if only we are stupid enough, and "study to please." But, O honorable members, spare the few who redeem and exalt the country's name, and who keep alive the all but extinguished celestial fire! If Ameri

can property abroad must be robbed, let cotton and tobacco take a turn, and see how they like it. Invite Manchester to come to the Liverpool Docks and help itself. Let there be free smoking in Europe. Summon the merchants of London to a scramble for American bills of exchange. Select for spoliation anything but the country's litera

ture.

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The worst remains to be told. It is bad to have your pocket picked; there is something infinitely worse, is to pick a pocket. Who would not rather be stolen from, than steal? Who would not rather be murdered, than be a murderer? Nevertheless, in depriving foreign authors of their rights, it is still ourselves whom we injure most. The great damage to America, and to American literature, from the want of an international copyright law, is not the thousands of dollars per annum which authors lose. This is, in fact, the smallest item that enters into the huge sum total of our loss.

It maims or kills seven tenths of the contemporary literature that must be translated before it is available for publication here. Charles Reade, in that gallant and brilliant little book of his, "The Eighth Commandment," quotes from a letter written in Cologne, in 1851, the following passage:

"About thirty years ago the first translations from English were brought to the German market. The Waverley Novels were extensively circulated, and read with avidity by all classes. Next came Bulwer, and after him Dickens and other writers. Rival editions of the same works sprang up by the half-dozen; the profits decreased, and the publishers were obliged to cut down the pay of the translators. I know that a translation - monger at Grimm pays about £6 for a three-volume novel.

"These works, got up in a hurry, and printed with bad type on wretched paper, are completely flooding the market; and, as they are much cheaper than original works, they are a serious obstacle to our national literature.

Thus much for our share in the miseries of free trade in translations.

"Now for yours. There are able men in Germany, who, were it made worth their while, could and would put the master works of your novelists and historians into a decent German garb. But under the present system these men are elbowed out of the field."

Change a few names in this passage, and it describes, with considerable exactness, the state of the translation market in the United States. Works, which in France charm the boudoir and amuse the whole of the educated class, sink, under the handling of hasty translators and enterprising publishers, into what we call "Yellow-Covered Literature," which is to be found chiefly upon the wharves. Respectable publishers have a well-founded terror of French and German translations; since, after incurring the expense of translation, they have no protection against the publication of another version except "the courtesy of the trade," a code of laws which has not much force in the regions from which the literature of the Yellow Cover emanates. We are not getting half the good we ought from the contemporary literature of France, Germany, Sweden, Russia, Holland, Italy, and we never shall, until American publishers can acquire property in it by fair purchase, which the law will protect. The business of furnishing the American public with good translations from the French would of itself maintain two or three great publishing houses. There is a mine of wealth there waiting for the removal of the squatters and the recognition of the rightful title-deeds. What would California have been worth to us, or to itself, or to anybody, if its treasures had been left to the hurried scratchings over the surface of uncapitalled prospecters? Capital and skill wait until the title is clear. Then they go in, with their ponderous engines, and pound the

*Upon this expression Mr. Reade justly remarks: "This is a foolish and inapplicable phrase. Free trade is free buying and selling, not free stealing."

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