Billeder på siden

minerals, and a hundred operations busts, and pictures were to be rewhich proprietors carry into execution lieved from legal restrictions on these on their own property. In a certain grounds, we certainly could not, with time, bridges, railroads, and other any pretence of justice, refuse to exworks of common utility, fall into tend a similar consideration to steamthe hands of the public ; but it does engines and electric telegraphs, which not follow that we ignore the right have undoubtedly contributed effecbecause the public interest limits the tively, to say the least of them, to usage. The same rational view of the march of human improvement. the subordination of private property, If the Congress had accomplished so to speak, to the general interests, no other result, it would be entitled was finally adopted by the Fourth to the gratitude of all reflecting men Section, at the close of their tumultu- for the completeness with which it ous contests on the principle of per- has disposed of the principle of perpetuity. They held that property is petuity. It has settled that doctrine a right which responds to the desire for ever. The principle of perpetuity, of appropriation inherent in man; as one of the speakers very signifibut that property which seeks to be cantly observed, is not only inconguaranteed by social law must sub- sistent with the progress of knowmit to social conventions, and be ledge, by shutting up thought within subjected to conditions of enjoyment, limits which cannot be overleaped, conditions of transmission, imposts, but, which is still more dangerous, disinherison, appropriation to public it is irreconcilable with true liberty, utility. All these obligations are notwithstanding that it was in the corollaries from the rights guaranteed name of that liberty its advocates by law; and if literary and artistical clamoured for its adoption. So far property is to be legally guaranteed as authors themselves are concerned, in its rights, it must come in under it would not add a shilling to their these obligations, unless logic is to be gains, or a leaf to their laurels. Pubwholly disregarded in such affairs. It lishers would purchase copyrights might be supposed that this very plain just as they do at present, with a statement of an extremely reason withering indifference to their trausable necessity would have put the mission into an illimitable future. advocates of perpetuity to flight; but What author could hope to obtain it only compelled them to shift their larger terms by being enabled to position.

whisper in the ear of his Dodsley or Driven from their original ground his Tonson, “Remember, my friend, of claiming for ideal property (if we times are changed with us; I am not may so designate it for the sake of now selling you a copyright termindistinction), the same rights as real able by law in forty or fifty years, property, by which they would have but a copyright which will belong to thus, against the grain of their own you, and your children, and your views, subjected it to the same con- children's children, and your childitions and restraints ;, some of the dren's children's children, to the end advocates of perpetuity retreated of the world”? How much more upon a plea which looked very much would a publisher be likely to give like begging the question. They for this interminable term And if asserted that literary property was it did not improve the author's relaessentially different from other pro- tions with his publisher, if it did perty ; that it conferred peculiar bene- not, in other words, improve the fits upon society; that it was the market value of the copyright of great agent of civilisation and intel- what earthly satisfaction would it be lectual advancement; and that, there- to endow works of art or literature fore, it should be exempt from the with a sham character of perpetuity ? obligations which law imposed upon Should we not find, under a regime other kinds of property. But this of perpetuity, exactly the same state argument, if worth anything, would of things we find under a term such apply with equal, perhaps with as we have in England, which is greater, force to the discoveries and ample enough to cover the sale of inventions of science; and if books, nine hundred and ninety-nine thousand books out of a million-authors grantees, shall have expired, to enjoy consulting their convenience, or their the same duration of time originally wants, in the sale of their copyrights, granted by law; if published after and copyrights constantly passing out those rights are extinguished, the of the hands of their creators into the duration to be limited to thirty hands of the publishers? The great years. Anonymous works to have bulk of the literary copyrights belong a copyright of thirty years, dating to the "trade.” Who ever hears of from the year of publication ; but copyrights passing down, like fam- the author may enter upon his full ily pictures, to the descendants of legal rights by making himself known authors, and bringing them profits ? at any time within that term. The exThere are, no doubt, examples ; but clusive right of publication is guaranlegislation is not to be put in motion teed to the authors of lectures, serfor very rare exceptional cases. mons, and other discourses publicly

The final decisions of the Congress delivered ; but the speeches of pleadnot only affirm a limited right of ers, and discourses delivered in poliproperty in literary and artistical tical assemblies, may be published works, but embrace every detail without the consent of the authors. necessary to its establishment. The The exclusive right of translation to resolutions are minute and compre- be guaranteed to the author for ten hensive, and may be said to lay years, on condition that he exercises down the whole machinery for carry- his right before the expiration of the ing the plan into operation. These third year, in failure of which any resolutions have been so imperfectly, person may exercise it anywhere exand indeed so blunderingly, slurred cept in the country where the work over and epitomised in the English was originally published. newspapers, that I will give you a III. Under this head are the resummary of them, upon the accuracy solutions which relate to Dramatic of which you may rely. As a mere and Musical works. They declare historical record, the recapitulation the right of representation to be inis interesting :

dependent of the right of reproducI. The Congress is of opinion that tion, and that there should be no the international recognition of pro- distinction as to the enjoyment of perty in literary and artistic works, those rights. Musical works to be ought to be adopted in the legislature protected against being executed in of every civilised people ; that it public without the consent of the ought to be extended from country author. It is a strange omission in to country, even in the absence of this department of the labours of the reciprocity; and that legislation in Congress, that no provision is sugall countries where the principle is gested for the protection of dramatic adopted, should be founded on an productions against transplantation uniform basis. The rights of foreign and adaptation. It may be difficult to and native authors to be assimilated, identify a child stolen and smeared and no further formalities to be re- and stained by the gypsies ; but that quired of an author in the prosecution is no reason why some wholesome of his rights in a foreign country, police regulation should not be dethan were required to establish them vised with that end in view. in his own.

IV. There are sundry resolutions II. Authors to possess exclusive in this division relating to works of right over their works during their art, conformable in their general lives, the same right to descend to principles to those which apply to the conjoint survivor during his or literature, and presenting no special her life ; and the heirs or grantees feature except a recommendation that of the author to enjoy the right for penal legislation be adopted against fifty years, to date either from the counterfeits and forgeries. decease of the author, or from the V. The proposed fiscal regulations extinction of the right in the late are simple and sweeping. The Conhusband or wife. Posthumous works gress demands the abolition, or modi. published before the rights of the fication, of customs duties on books conjoint survivor, or of the heirs or and works of art, the simplification of tariffs, so as to facilitate the inter- happily or more usefully exercised. change of such works, and the reduc- To bave originated this movement is tion of postal duties.

an auspicious incident in the history Here is a complete code of sug- of free Belgium, and it affords a gestions for the institution of a sys- striking contrast to the actions of tem of international copyright ; nor which the country was the theatre can it be regarded as the mere specu- in former times. The change was lation of an assembly of men of let- well expressed by M. Rogier, in his ters and artists, since it has already address to the assembly upon his received the sanction of at least one election as honorary president : “ By of the governments for whose con- its topographical and neutral situasideration it was compiled. The tion, as well as by the nature of Belgian minister has declared his its institutions,” said the Minister, intention of supporting in the legis- “Belgium has acquired for many lature a law in which these resolu- years the privilege of offering an aptions shall be practically embodied. propriate arena for pacific and fruitNor is it less significant of the sin- ful contests, after having been so cerity with which the subject bas often the field of bloody and sterile been taken up by those who have combats. Upon her soil cannon no the power to influence still more longer resounds, swords are no longer extended results by their example, crossed, lances no longer broken. that the King, accompanied by the Ideas, more powerful than all these, Duke of Brabant, attended one of are now the combatants. Many fall the meetings of the Congress, and and disappear in the conflict, but that at the close of its sittings he what does it signify, if the strongest received at dinner some of the prin- and the most generous survive ? cipal members of the bureau. It is This is the end of war, and the renot unusual for the sovereigns of free ward of victory. Ideas come triumcountries to be seen in public assem- phant out of the fight; are elevated blies, and even to invite special guests to principles ; pass into the domain to their palaces; but a sovereign who of a new diplomacy : reforming and appears in the unidst of an assembly provident governments seize them; convened for a particular purpose, they become the law of a country ; identifies himself with that purpose; and finally spread into other counand in conferring so marked a disé tries, when experience has verified tinction upon its promoters as to their value.” give them an express reception in I will reserve till I see you, my private, he places beyond doubt the dear E., my recollections of an eveninterest he takes in its success. His ing which has left upon the memory Majesty has since given the most of every person who was present the practical proof of his intentions on most agreeable impressions. The the subject, by announcing in his cordiality with which his Majesty recent speech on the opening of the received his guests, and the intimate Chambers a project of law for em- knowledge he displayed of their inbodying the recommendations of the dividual specialities, furnish a very Congress.

intelligible key to the popularity and The entertainment given at the pal- influence he enjoys. But I must not ace of Brussels on this occasion was omit to say that the dinner was graced an exception to the usual routine of by the presence of the charming royal banquets. It was not a mere Duchess of Brabant, who possesses, ceremonial. It was intended as a tes- in a pre-eminent degree, all the timony of the King's desire to confer qualities calculated to dignify and upon the Congress the weight of bis adorn the high station to which she personal sanction; and the sagacity is destined. his Majesty has displayed throughout I have not touched upon the hoshis long reign in the government of pitality that was extended to the the kingdom, in the cultivation of its foreign members of the Congress industrial resources, and in the pro- during their brief sojourn in Brussels. motion of practical measures of im- It is so difficult to conceive the possiprovement, has not often been morebility of a soirée being given at the VOL LXXXIV.NO. DXVIII,

3 A

house of the Prime Minister of Eng- choral society, who executed in turn land, to three or four hundred literary select pieces of music. The most men and artists, in recognition of admirable order and decorum pretheir efforts to obtain an alteration in vailed throughout that vast crowd; the laws affecting their order, that we open lanes were kept for the passage can scarcely regard with gravity the of guests and members of the club, occurrence of such a circumstance in at the voluntary instance of the Brussels. Yet when M. Rogier re- people themselves; and every demonceived the members of the Congress stration of enthusiasm that took at the Ministry of the Interior, every place within was responded to with gentleman who was present felt that a corresponding movement without. the soirée was not a barren compli- The tall old houses on all sides of the ment to art and letters, and that the square were lighted up to the base interest which that distinguished of their quaint roofs ; every window statesman took in the subject which was filled with eager spectators, and brought so remarkable an assembly in front of us rose up the white tower together, would in time bear valu- of the ancient Hôtel de Ville, ascendable fruit. I confess, too, that ing like a mist of silver, and vanishthere was to me a significance in the ing into the clouds at a height which scene which presented itself on the the eye vainly attempted to follow. square of the Grande Place on the The spectacle was in itself extremely night when the Cercle Artistique et striking, and, associated with the Littéraire, or, more properly, the objects to which it was addressed, authorities of the city of Brussels, it possessed, for me, a strong interest. received the Members of the Congress, It enabled me afterwards thoroughly which was quite as impressive as the to appreciate the justice of the terms scene itself was novel and pic- in which M. Scribe, at our dinner turesque. The artistic and literary (for we had a grand dinner of our club is held in the grand old Gothic own, at the celebrated restaurant house, known as the Maison du Roi, which enjoys its European reputawhich directly faces the Hôtel de tion under the name of its former Ville ; and the large room in which proprietor, Dubos), proposed a toast we assembled was that from the to the health of the City of Brussels : windows of which the infamous Alva I will give you his words—“Gentlewitnessed the execution of Counts men, I have the honour to propose a Egmont and Horn. What a different toast to the City of Brussels, the free scene was now disclosed, as we gazed and hospitable city! She had already down from these very windows upon rivalled the first cities of Europe by the Grande Place ! The whole of her splendour and her elegance; and that square, except the distant cor. in collecting within her walls, not a ners, from whence the people pressed Congress of Kings, but the delegates onward towards the Maison du Roi, of all the royalties of intelligence, was filled by a dense multitude, she has become to-day the capital of whose upturned faces were lighted progress and civilisation !” This is by numerous flambeaus held aloft very French; but it is also very by boys. Immediately below us was characteristic, and worth preserving a band, relieved at intervals by a as a bit of Scribe. --Adieu !


We couple these works* together, worthy, lately deceased, of whom it is less on account of the similarity of recorded in the l'imés of the 21st the subject matter, than for the sake September," that he would have of the contrast observable in the risked a revolt of human nature raviews entertained by their authors, of ther than deal with man as he is.” the origin and probable issue of the We next tried to trace the progress convulsion under which our Eastern of this spirit, showing how it led first empire is still heaving.

to an arbitrary and anti-judicial mode In an article on the provinces of of dealing with every right or priviGangetic India, published in the Au- lege which stood in the way of any gust Number of this Magazine, in the favourite scheme of internal change year 1854, we pointed out as a source or reform, and then, by a natural of future danger to our Indian pos- sequence, to a disregard of all the resessions the propensity of many straints imposed by our previous proamong the ruling section of our fessions of moderation in our dealcountrymen on the banks of the ings with remote as well as conterGanges to adopt doctrines that oh- minous foreign states. We concluded tain temporary currency though only by dwelling upon our unprovoked as theories in Europe, and to apply invasion of Affghanistan as the great these with all the force of official in- external development of the spirit fluence to the patient population sub- that during the preceding decade ject to their rule. We instanced the had been leavening our internal adobjections to large hereditary landed ministration. Though we do not estates, to endowments, to special profess to have attained to a proexemptions from common burthens, phetic strain in our article of 1854, as opinions sometimes advanced, but yet we may say for it that it must be never as yet acted on, in the mother seen to have been written under a country, which in India have met presentiment of evil such as subsewith a practical application to the quent events have proved far from business of civil administration. To visionary. It is true that the disthe above list we might almost have turbance so recently raging along added the wild theory of the French the banks of the Ganges was maineconomists of the last century, that ly, at least in its origin, of a military at a certain stage in its progress it is character ; but we have only to open for the good of a nation for the gov- Mr Edwards's narrative to see how ernment to be the sole proprietor the flame was fed and fanned by diswithin its limits, since we rather contents having their source in meathink that this doctrine, never acted sures of civil government. But beon, we believe, except by the late Pasha fore citing from his pages, or from of Egypt, was at one time not with those of Mr Gubbins, we wish to lay out its advocates in Calcutta.

before our readers what we trust will We also endeavoured to show how be found to be a fair and honest the most humane men, hardened by sketch of that revolution in the theory, had, in their zeal for what minds of our own countrymen which, they deemed to be good for the pub- as we think, has been one of the lic, trifled with individual rights, most potential causes at work to until some among them almost came produce the fearful explosion of the up to the mark of that distinguished year that has just gone by. To the

* Personal Adventures during the Indian Rebellion in Rohilcund, Futteghur, and Oude. By WILLIAM EDWARDS, Esq., B.C.S., Judge of Benares, and late Magistrate and Collector of Budaon in Rohilcund. London, 1858: Smith and Elder.

An Account of the Mutinies in Oudh, and the Siege of the Lucknow Presidency, with some Observations on the Condition of the Province of Oudh, and the Causes of the Mutiny of the Bengal Army. By MARTIN RICHARD GUBBINS, of the Bengal Civil Service, Financial Commissioner for Oudh.

« ForrigeFortsæt »