Volume One—Chapter Six.Newspaper Press.Mr Tocqueville observes, “that not a single individual of the twelve millions who inhabit the territory of the United States has as yet dared to propose any restrictions upon the liberty of the press.” This is true, and all the respectable Americans acknowledge that this liberty has degenerated into a licentiousness which threatens the most alarming results; as it has assumed a power, which awes not only individuals, but the government itself. A due liberty allowed to the press, may force a government to do right, but a licentiousness may compel it into error. The American author, Mr Cooper, very justly remarks: “It may be taken as a rule, thatwithoutthe liberty of the press there can be nopopular libertyin a nation, and without its licentiousness, neitherpublic honesty, justice, or a proper regard forcharacter. Of the two, perhaps, that people is the happiest which is deprived altogether of a free press, as private honesty and a healthful tone of the public mind are not incompatible with narrow institutions, though neither can exist under the corrupting action of a licentiousness press.”And again—“As the press of this country now exists, it would seem to be expressly devised by the great agent of mischief, to depress and destroy all that is good, and to elevate and advance all that is evil in the nation. The little truth which is urged, is usually urged coarsely, weakened and rendered vicious by personalities, while those who live by falsehoods, fallacies, enmities, partialities, and the schemes of the designing, find the press the very instrument that devils would invent to effect their designs.”A witty, but unprincipled statesman of our own times, has said, that “speech was bestowed on man to conceal his thoughts;” judging from its present condition, he might have added—“the press, in America, topervert truth.”But were I to quote the volumes of authority from American and English writers, they would tire the reader. The above are for the present quite sufficient to establish the fact, that the press in the United States is licentious to the highest possible degree, and defies control; my object is to point out the effect of this despotism upon society, and to show how injurious it is in every way to the cause of morality and virtue.Of course, the newspaper press is the most mischievous, in consequence of its daily circulation, the violence of political animosity, and the want of respectability in a large proportion of the editors. The number of papers published and circulated in Great Britain, among a population of twenty-six millions, is calculated at about three hundred and seventy. The number published in the United States, among thirteen millions, are supposed to vary betweennine and ten thousand. Now the value of newspapers may be fairly calculated by the capital expended upon them; and not only is not one-quarter of the sum expended in England, upon three hundred and seventy newspapers, expended upon the nine or ten thousand in America; but I really believe that the expense of the ‘Times’ newspaper alone, is equal to at least fivethousandof theminorpapers in the United States, which are edited by people of no literary pretension, and at an expense so trifling as would appear to us not only ridiculous, but impossible. As to the capabilities of the majority of the editors, let the Americans speak for themselves.“Every wretch who can write an English paragraph (and many who cannot,) every pettifogger without practice, every one whose poverty or crimes have just left him cash or credit enough to procure a press and types, sets up a newspaper.”Again—“If you be puzzled what to do with your son, if he be a born dunce, if reading and writing be all the accomplishments he can acquire, if he be horribly ignorant and depraved, if he be indolent and an incorrigible liar, lost to all shame and decency, and incurably dishonest, make a newspaper editor of him. Look around you, and see a thousand successful proofs that no excellence or acquirement, moral or intellectual, is requisite to conduct a press. The more defective an editor is, the better he succeeds. We could give a thousand instances.”—Boston News.These are the assertions of the Americans, not my own; that in many instances they are true, I have no doubt. In a country so chequered as the United States, such must be expected; but I can also assert, that there are many very highly respectable and clever editors in the United States. The New York papers are most of them very well conducted, and very well written. The New York Courier and Enquirer, Colonel Webb; the Evening Star, by Noah; the Albion, by Doctor Birtlett; Spirit of the Times, and many others, which are too numerous to quote, are equal to many of the English newspapers. The best written paper in the States, and the happiest in its sarcasm and wit, is the Louisville Gazette, conducted by Mr Prentice of Kentucky; indeed, the western papers, are, generally speaking, more amusing and witty than the eastern; the New Orleans Picayune, by Kendall, is perhaps, after Prentice’s, the most amusing; but there are many more, which are too numerous to mention, which do great credit to American talent. Still the majority are disgraceful not only from their vulgarity, but from their odious personalities and disregard to truth. The bombast and ignorance shown in some of these is very amusing. Here is an extract or two from the small newspapers published in the less populous countries. An editor down East, speaking of his own merits, thus concludes—“I’m a real catastrophe—a small creation; Mount Vesuvius at the top, with red hot lava pouring out of the crater, and routing nations—my fists are rocky mountains—arms, whig liberty poles, with iron springs. Every step I take is an earthquake—every blow I strike is a clap of thunder—and every breath I breathe is a tornado. My disposition is Dupont’s best, and goes off at a flash—when I blast there’ll be nothing left but a hole three feet in circumference and no end to its depth.”Another writes the account of a storm as follows:—“On Monday afternoon, while the haymakers were all out gathering in the hay, in anticipation of a shower from the small cloud that was seen hanging over the hilly regions towards the south-east, a tremendous storm suddenly burst upon them, and forced them to seek shelter from its violence. The wind whistled outrageously through the old elms, scattering the beautiful foliage, and then going down into the meadow, where the men had just abruptly left their work unfinished, and overturning the half-made ricks, whisked them into the air, and filled thewhole afternoonfull of hay.”I copied the following from a western paper:—“Yes, my countrymen, a dawn begins to open upon us; the crepusculous rays of returning republicanism are fast extending over the darkness of our political horizon, and before their brightness, those myrmidons shall slink away to the abode of the demons who have generated them, in the hollow caves of darkness.”Again—“Many who have acquired great fame and celebrity in the world, began their career as printers. Sir William Blackstone, the learned English commentator of laws, was a printer by trade.King Charles the Thirdwas a printer, and not unfrequently worked at the trade after he ascended the throne of England.”Who Charles the Third of England was I do not know, as he is not yet mentioned in any of our histories.The most remarkable newspaper for its obscenity, and total disregard for all decency and truth in its personal attacks, is the Morning Herald of New York, published by a person of the name of Bennett, and being published in so large a city, it affords a convincing proof with what impunity the most licentious attacks upon private characters are permitted. But Mr Bennett issui generis; and demands particular notice. He is indeed a remarkable man, a species of philosopher, who acts up to his tenets with a moral courage not often to be met with in the United States. His maxim appears to be this—“Money will find me every thing in this world, and money I will have, at any risk, except that of my life, as, if I lost that, the money would be useless.” Acting upon this creed, he has lent his paper to the basest and most malignant purposes, to the hatred of all that is respectable and good, defaming and inventing lies against every honest man, attacking the peace and happiness of private families by the most injurious and base calumny. As may be supposed, he has been horse-whipped, kicked, trodden under foot, and spat upon, and degraded in every possible way; but all this he courts, because it brings money. Horse-whip him, and he will bend his back to the lash, and thank you, as every blow is worth so many dollars. Kick him, and he will remove his coat tails, that you may have a better mark, and he courts the application of the toe, while he counts the total of the damages which he may obtain. Spit upon him, and he prizes it as precious ointment, for it brings him the sovereign remedy for his disease, a fever for specie.The day after the punishment, he publishes a full and particular account of how many kicks, tweaks of the nose, or lashes he may have received. He prostitutes his pen, his talent, every thing for money. His glory is, that he has passed the rubicon of shame; and all he regrets is, that the public is at last coming to the unanimous opinion, that he is too contemptible, too degraded, to be even touched. The other, and more respectable editors of newspapers, avoid him, on account of the filth which he pours forth; like a polecat, he may be hunted down; but no dog will ever attempt to worry him, as soon as he pours out the contents of his foetid bag.It is a convincing proof of the ardent love of defamation in this country, that this modern Thersites, who throws the former of that name so immeasurably into the background, has still great sway over men in office; every one almost, who has a character, is afraid of him, and will purchase his silence, if they cannot his good will.During the crash at New York, when even the suspicion of insolvency was fatal, this miscreant published some of the most respectable persons of New York as bankrupts, and yet received no punishment. His paper is clever, that is certain; but I very much doubt if Bennett is the clever man—and my reason is this, Bennett was for some time in England, and during that time the paper, so far from falling off, was better written than before. I myself, before I had been six weeks in the country, was attacked by this wretch, and, at the same time, the paper was sent to me with this small note on the margin:— “Send twenty dollars, and it shall be stopped.”—“I only wish you may get it,” said I to myself. (See Note 1.)Captain Hamilton, speaking of the newspaper press in America, says—“In order to form a fair estimate of their merit, I read newspapers from all parts of the union, and found them utterly contemptible, in point of talent, and dealing in abuse so virulent, as to excite a feeling of disgust,—not only with the writers, but with the public which afforded them support. Tried by this standard—and I know not how it can be objected to—the moral feeling of this people must be estimated lower than in any deductions from other circumstances I have ventured to rate it.”In the following remarks, also, I most cordially agree with him. “Our newspaper and periodical press is bad enough. Its sins against propriety cannot be justified, and ought not to be defended. But its violence is meekness, its liberty restraint, and even its atrocities are virtues, when compared with that system ofbrutal and ferocious outragewhich distinguishes the press in America. In England, even an insinuation against personal honour is intolerable. A hint—a breath—the contemplation even of a possibility of tarnish—such things are sufficient to poison the tranquillity, and, unless met by prompt vindication, to ruin the character of a public man; but in America, it is thought necessary to have recourse to other weapons. The strongest epithets of a ruffian vocabulary are put in requisition.”It may be asked, how is it possible that an “enlightened nation” can permit such atrocity. It must be remembered, that newspapers are vended at a very low price throughout the States, and that the support of the major portion of them is derived from the ignorant and lower classes. Every man in America reads his newspaper, and hardly any thing else; and while he considers that he is assisting to govern the nation, he is in fact, the dupe of those who pull the strings in secret, and by flattering his vanity, and exciting his worst feelings, make him a poor tool in their hands. People are too apt to imagine that the newspapers echo their own feelings; when the fact is, that by taking in a paper, which upholds certain opinions, the readers are, by daily repetition, become so impressed with these opinions, that they have become slaves to them. I have before observed, that learning to read and write is not education, and but too often is the occasion of the demoralisation of those, who might have been more virtuous and more happy in their ignorance. The other day when I was in a steam-vessel, going down to Gravesend, I observed a foot-boy sitting on one of the benches—he was probably ten or eleven years old, and was deeply engaged in reading a cheap periodical, mostly confined to the lower orders of this country called the Penny Paul Pry. Surely it had been a blessing to the lad, if he had never learnt to read or write, if he confined his studies, as probably too many do, from want of farther leisure, to such an immoral and disgusting publication.In a country where every man is a politician, and flatters himself that he is assisting to govern the country, political animosities must of course be carried to the greatest lengths, and the press is the vehicle for party violence; but Captain Hamilton’s remarks are so forcible, and so correct, that I prefer them to any I could make myself.“The opponents of a candidate for office, are generally not content with denouncing his principles, or deducing from the tenor of his political life, grounds for questioning the purity of his motives. They accuse him boldly ofburglaryorarson, or at the very least, of petty larceny.Time, place and circumstances, are all stated. The candidate for Congress or the Presidency, is broadly asserted to havepicked pockets, or pocketed silver spoons, or to have been guilty of something equally mean and contemptible. Two instances of this, occur at this moment to my memory. In one newspaper, a member of Congress was denounced as having feloniously broken open a scrutoire, and having thence stolen certain bills and banknotes; another was charged with selling franks at twopence a piece, and thus coppering his pockets at the expense of the public.”But let me add the authority of Americans. Mr Webster, in his celebrated speech on the public lands, observes in that powerful and nervous language for which he is so celebrated:— “It is one of the thousand calumnies with which the press teemed, during an excited political canvass. It was a charge, of which there was not only no proof or probability, but which was, in itself, wholly impossible to be true. No man of common information ever believed a syllable of it. Yet it was of that class of falsehoods, which by continued repetition, through all the organs of detraction and abuse, are capable of misleading those who are already far misled, and of farther fanning passion, already kindled into flame. Doubtless, it served in its day, and, in greater or less degree, the end designed by it. Having done that, it has sunk into the general mass of stale and loathed calumnies. It is the very cast-off slough of apollutedandshamelesspress.” And Mr Cooper observes—“Every honest man appears to admit that the press in America is fast getting to beintolerable. In escaping from the tyranny of foreign aristocrats, we have created in our bosoms atyranny of a charactersoinsupportable, that a change of some sort is getting indispensable to peace.”Indeed, the spirit of defamation, so rife in America, is so intimately connected with its principal channel, the press, that it is impossible to mention one, without the other, and I shall, therefore, at once enter into the question.Defamation is the greatest curse in the United States, and its effects upon society I shall presently point out. It appears to be inseparable from a democratic form of government, and must continue to flourish in it, until it pleases the Supreme to change the hearts of men. When Aristides inquired of the countryman, who requested him to write down his own name on the oyster-shell, what cause of complaint he had against Aristides; the reply given was, “I have none; except, that I do not like to hear him always called theJust.” So it is with the free and enlightened citizens of America. Let any man rise above his fellows by superior talent, let him hold a consistent, honest career, and he is exalted only into a pillory, to be pelted at, and be defiled with ordure. False accusations, the basest insinuations, are industriously circulated, his public and private character are equally aspersed, truth is wholly disregarded: even those who have assisted to raise him to his pedestal, as soon as they perceive that he has risen too high above them, are equally industrious and eager to drag him down again. Defamation exists all over the world, but it is incredible to what an extent this vice is carried in America. It is a disease which pervades the land; which renders every man suspicious and cautious of his neighbour, creates eye-service and hypocrisy, fosters the bitterest and most malignant passions, and unceasingly irritates the morbid sensibility, so remarkable among all classes of the American people.Captain Hamilton, speaking of the political contests, says, “From one extremity of the Union to the other, the political war slogan is sounded. No quarter is given on either side; every printing press in the United States is engaged in the conflict. Reason, justice, and charity; the claims of age and of past services, of high talents and unspotted integrity, are forgotten. No lie is too malignant to be employed in this unhallowed contest, if it can but serve the purpose of deluding, even for a moment, the most ignorant of mankind. No insinuation is too base, no equivocation too mean, no artifice too paltry. The world affords no parallel to the scene of political depravity exhibited periodically in this free country.”Governor Clinton, in his address to the legislature in 1828, says—“Party spirit has entered the recesses of retirement, violated the sanctity of female character, invaded the tranquillity of private life, and visited with severe inflictions the peace of families. Neither elevation nor humility has been spared, nor the charities of life, nor distinguished public services,—nor the fire-side, nor the altar, been left free from attack; but a licentious and destroying spirit has gone forth, regardless of everything, but the gratification of malignant feelings and unworthy aspirations.” And in the New York Annual Register, quoted by Captain Hamilton, we have the following remarks: “In conducting the political discussions which followed the adjournment of Congress, both truth and propriety were set at defiance. The decencies of private life were disregarded; conversations and correspondence which should have been confidential, were brought before the public eye; the ruthless warfare was carried into the bosom of private life; neither age nor sex were spared, the daily press teemed with ribaldry and falsehood; and even the tomb was not held sacred from the rancorous hostility which distinguished the presidential election of 1828.”I have considered it necessary thus to heap authority upon authority, as the subject is one of the most vital importance; and I must first prove the extent of this vice, without the chance of the shadow of contradiction, before I point out its fatal consequences.That the political animosities arising from a free and enlightened people governing themselves, have principally engendered and fostered this vice, is most certain; and it would be some satisfaction, if, after the hostile feelings had subsided, the hydra also sank to repose.But this cannot be the case. A vice, like detraction, so congenial to our imperfect natures, is not to be confined to one channel, and only resorted to, as a political weapon, when required. It is a vice which when once called into action, and unchecked by the fear of punishment or shame, must exist and be fed. It becomes a confirmed habit, and the effect upon society is dreadful. If it cannot aim its shafts at those who are in high places, if there is no noble quarry for its weapons, it will seek its food amongst smaller game, for it never tires. The consequence is, that it pervades and feeds upon society—private life is embittered; and, as Mr Cooper most justly observes, “rendering men indifferent to character, and indeed rendering character of little avail.”Indeed, from the prevalence of this vice, society in America appears to be in a state of constant warfare—Indian warfare, as every one is crouched, concealed, watching for an opportunity to scalp the reputation of his neighbour! They exist in fear and trembling, afraid to speak, afraid to act, or follow their own will, for in America there is no free will. When I have asked why they do not this or that, the reply has invariably been, that they dare not. In fact, to keep their station in society, they must be slaves—not merely slaves, for we are all so far slaves, that if we do that which is not right, we must be expelled from it; but abject and cowardly slaves, who dare not do that which is innocent, lest they should be misrepresented. This is the cause by there is such an attention to theoutwardforms of religion in the United States, and which has induced some travellers to suppose them a religious people, as if it were possible that any real religion could exist, where morality is at so low an ebb. When I first went to Boston, I did not go to church on the following day. An elderly gentleman called upon and pointed out to me that I had omitted this duty; “but,” continued he, “I have had it put into one of the newspapers that you attended divine service at such a church, so all is right.” All was right; yes, all was right, according to the American’s ideas of “all was right.” But I thought at the time, that my sin of omission was much more venial than his of commission.When at Detroit, I was attacked in the papers because I returned a few calls on a Sunday. I mention this, not because I was justified in so doing, but because I wish to show the censorship exercised in this very moral country.The prevalence of this evil acts most unfortunately upon society in other ways. It is the occasion of your hardly ever knowing whom you may, or whom you may not, be on terms of intimacy with, and of the introduction of many people into society, who ought to be wholly excluded. Where slander is so general, when in the space of five minutes you will be informed by one party, that Mr So and So is an excellent person, and by another that he is a great scoundrel, just as he may happen to be on their side or the opposite, in politics, or from any other cause, it is certain that you must be embarrassed as to the person’s real character; and as a really good man may be vituperated, so the reports against one who is unworthy, are as little credited: the fact is, you never know who you are in company with.Almost all the duels which are so frequent in America, and I may add all the assassinations in the western country, arise principally from defamation. The law gives no redress, and there is no other way of checking slander, than calling the parties to account for it. Every man is therefore ready and armed against his fellow.Inadvertently affront any party, wound his self-love, and he will immediately coin some malignant report, which is sure to be industriously circulated. You are at the mercy of the meanest wretch in the country; for although praise is received with due caution, slander is everywhere welcomed. An instance occurred with respect to myself. I was at Lexington, and received great kindness and civility from Mr Clay. One day I dined at his table; there was a large party, and at the further end, at a distance where he could not possibly have heard what passed between Mr Clay and me, there sat a young man, whose name is not worth mentioning. When he returned to Louisville, he spread a report that I had grossly insulted Mr Clay at his own table. Now the catalogue of enormities circulated against me was already so extensive, that I was not in very good odour; but Mr Clay is so deservedly the idol of this State, and indeed of almost the whole Union, that there could not be a more serious charge against me—even those who were most friendly avoided me, saying, they could forgive me what I had formerly done, but to insult Mr Clay was too bad. So high was the feeling, and so industriously was the calumny circulated, that at last I was compelled to write to Mr Clay on the subject, and I received in return a most handsome letter, acquitting me of the malicious charge. This I showed to some, and they were satisfied; and they advised me to print it, that it might be better known. This was a compliment I did not choose to pay them; and the impression of the majority still is that I insulted Mr Clay. The affair being one of the many connected with myself, I should not have mentioned it, except to prove how lightly such a practice is estimated.Whatever society permits, people will do, and moreover, will not think that they are wrong in so doing. In England, had a person been guilty of a deliberate and odious lie, he would have been scouted from society, his best friends would have cut him; but how was this person treated for his conduct? When I showed Mr Clay’s letter, one said, “Well now, that was very wrong of A.”—Another, “I did not believe that A would have done so.”—A third, “that A ought to be ashamed of himself;” but they did not one of them, on account of this falsehood, think it necessary to avoid him. On the contrary, he was walking arm-in-arm with the men, dancing and flirting with the women just as before, although his slander, and the refutation of it, were both well known.The reader will now perceive the great moral evil arising from this vice, which is, that it habituates people to falsehood. The lie of slander is the basest of all lies; and the practice of it, the most demoralising to the human heart. Those who will descend to such deliberate and malignant falsehood, will not scruple at any other description. The consequence is, that what the Americans have been so often taxed with, is but too prevalent, “a disregard totruth.”To what must we ascribe the great prevalence of this demoralising habit in the United States? That the licentiousness of the press feeds it, it is true; but I am rather inclined to imagine that the real source of it is to be found in the peculiarity of their institutions. Under a democracy, there are but two means by which a man can rise above his fellows—wealth and character; and when all are equal, and each is struggling to rise above the other, it is to the principle that if you cannot rise above another by your own merit, you can at least so far equalise your condition by pulling him down to your own level, that this inordinate appetite for defamation must be ascribed. It is a state of ungenerous warfare, arising from there being no gradation, no scale, no discipline, if I may use the term, in society. Every one asserts his equality, and at the same time wishes to rise above his fellows; and society is in a state of perpetual and disgraceful scuffle. Mr Tocqueville says, “There exists in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level, and induces men to prefer equality in slavery to inequality with freedom.”In politics, especially, character becomes of much more importance than wealth, and if a man in public life can once be rendered odious, or be made suspected, he loses his supporters, and there is one antagonist removed in the race for pre-eminence. Such is one of the lamentable defects arising from a democratical form of Government. How different from England, and the settled nations of the old world, where it may be said that everything and everybody is, comparatively speaking, in his place!Although many will, and may justifiably, attempt to rise beyond his circumstances and birth, still there is order and regularity; each party knows the precise round in the ladder on which he stands, and the majority are content with their position.It is lamentable to observe how many bad feelings, how many evil passions, are constantly in a state of activity from this unfortunate chaotical want of gradation and discipline, where all would be first, and every one considers himself as good as his neighbour.The above-mentioned author observes—“The surface of American society is, if I may use the expression, covered with a layer of democracy, from beneath which the aristocratic colours sometimes peep.”In a moral sense, this is also true, the nobler virtues which are chiefly produced in the fertile field of aristocracy do occasionally appear; but the whole surface is covered with a layer of democracy, which like the lava which the volcano continually belches forth, has gradually poured down, and reduced the country round it to barrenness and sterility. (See Note 2.)Note 1.Someof theinvented calumniesagainst me found their way to this country. I consider the contents of this chapter to be a sufficient refutation, not only of what has been, but of what will in all probability be hereafter asserted against me by the American press.Note 2. This chapter was in the press, when a paragraph, cut out of the Baltimore Chronicle, was received from an anonymous hand at New York. Whether with a friendly intention or otherwise, I am equally obliged to the party, as it enables me to further prove, if it were necessary, the vituperation of the American press.“Many persons in our country had an opportunity of becoming acquainted with the Captain. The fast-anchored isle never gave birth to amore unmitigated blackguard. His awkward, unwieldy misshapen body, was but a fair lodging for a low, depraved, licentious soul. Although liberally educated, he seemed insensible to any other enjoyments than those of sense. No human being could in his desires or habits approach more near to the animal than him. No gentleman ever sat down with him an hour without a sensation of loathing and disgust. ‘What kind of man is Captain Marryat?’ was once asked in our presence of a distinguished member of Congress, who had sojourned with him at the White Sulphur Springs. ‘He is no man at all,’ was the reply, ‘he is a beast.’”This is really “going the whole hog” himself, and making me go it too. Now, if I receive such abuse for my first three volumes, in which I went into little or no analysis, what am I to expect for those which are about to appear? To the editor of the Baltimore Chronicle I feel indebted: but I suspect that therespectableportion of the American community will be very much annoyed at my thus giving his remarks more extensive circulation than he anticipated.
Mr Tocqueville observes, “that not a single individual of the twelve millions who inhabit the territory of the United States has as yet dared to propose any restrictions upon the liberty of the press.” This is true, and all the respectable Americans acknowledge that this liberty has degenerated into a licentiousness which threatens the most alarming results; as it has assumed a power, which awes not only individuals, but the government itself. A due liberty allowed to the press, may force a government to do right, but a licentiousness may compel it into error. The American author, Mr Cooper, very justly remarks: “It may be taken as a rule, thatwithoutthe liberty of the press there can be nopopular libertyin a nation, and without its licentiousness, neitherpublic honesty, justice, or a proper regard forcharacter. Of the two, perhaps, that people is the happiest which is deprived altogether of a free press, as private honesty and a healthful tone of the public mind are not incompatible with narrow institutions, though neither can exist under the corrupting action of a licentiousness press.”
And again—“As the press of this country now exists, it would seem to be expressly devised by the great agent of mischief, to depress and destroy all that is good, and to elevate and advance all that is evil in the nation. The little truth which is urged, is usually urged coarsely, weakened and rendered vicious by personalities, while those who live by falsehoods, fallacies, enmities, partialities, and the schemes of the designing, find the press the very instrument that devils would invent to effect their designs.”
A witty, but unprincipled statesman of our own times, has said, that “speech was bestowed on man to conceal his thoughts;” judging from its present condition, he might have added—“the press, in America, topervert truth.”
But were I to quote the volumes of authority from American and English writers, they would tire the reader. The above are for the present quite sufficient to establish the fact, that the press in the United States is licentious to the highest possible degree, and defies control; my object is to point out the effect of this despotism upon society, and to show how injurious it is in every way to the cause of morality and virtue.
Of course, the newspaper press is the most mischievous, in consequence of its daily circulation, the violence of political animosity, and the want of respectability in a large proportion of the editors. The number of papers published and circulated in Great Britain, among a population of twenty-six millions, is calculated at about three hundred and seventy. The number published in the United States, among thirteen millions, are supposed to vary betweennine and ten thousand. Now the value of newspapers may be fairly calculated by the capital expended upon them; and not only is not one-quarter of the sum expended in England, upon three hundred and seventy newspapers, expended upon the nine or ten thousand in America; but I really believe that the expense of the ‘Times’ newspaper alone, is equal to at least fivethousandof theminorpapers in the United States, which are edited by people of no literary pretension, and at an expense so trifling as would appear to us not only ridiculous, but impossible. As to the capabilities of the majority of the editors, let the Americans speak for themselves.
“Every wretch who can write an English paragraph (and many who cannot,) every pettifogger without practice, every one whose poverty or crimes have just left him cash or credit enough to procure a press and types, sets up a newspaper.”
Again—“If you be puzzled what to do with your son, if he be a born dunce, if reading and writing be all the accomplishments he can acquire, if he be horribly ignorant and depraved, if he be indolent and an incorrigible liar, lost to all shame and decency, and incurably dishonest, make a newspaper editor of him. Look around you, and see a thousand successful proofs that no excellence or acquirement, moral or intellectual, is requisite to conduct a press. The more defective an editor is, the better he succeeds. We could give a thousand instances.”—Boston News.
These are the assertions of the Americans, not my own; that in many instances they are true, I have no doubt. In a country so chequered as the United States, such must be expected; but I can also assert, that there are many very highly respectable and clever editors in the United States. The New York papers are most of them very well conducted, and very well written. The New York Courier and Enquirer, Colonel Webb; the Evening Star, by Noah; the Albion, by Doctor Birtlett; Spirit of the Times, and many others, which are too numerous to quote, are equal to many of the English newspapers. The best written paper in the States, and the happiest in its sarcasm and wit, is the Louisville Gazette, conducted by Mr Prentice of Kentucky; indeed, the western papers, are, generally speaking, more amusing and witty than the eastern; the New Orleans Picayune, by Kendall, is perhaps, after Prentice’s, the most amusing; but there are many more, which are too numerous to mention, which do great credit to American talent. Still the majority are disgraceful not only from their vulgarity, but from their odious personalities and disregard to truth. The bombast and ignorance shown in some of these is very amusing. Here is an extract or two from the small newspapers published in the less populous countries. An editor down East, speaking of his own merits, thus concludes—“I’m a real catastrophe—a small creation; Mount Vesuvius at the top, with red hot lava pouring out of the crater, and routing nations—my fists are rocky mountains—arms, whig liberty poles, with iron springs. Every step I take is an earthquake—every blow I strike is a clap of thunder—and every breath I breathe is a tornado. My disposition is Dupont’s best, and goes off at a flash—when I blast there’ll be nothing left but a hole three feet in circumference and no end to its depth.”
Another writes the account of a storm as follows:—
“On Monday afternoon, while the haymakers were all out gathering in the hay, in anticipation of a shower from the small cloud that was seen hanging over the hilly regions towards the south-east, a tremendous storm suddenly burst upon them, and forced them to seek shelter from its violence. The wind whistled outrageously through the old elms, scattering the beautiful foliage, and then going down into the meadow, where the men had just abruptly left their work unfinished, and overturning the half-made ricks, whisked them into the air, and filled thewhole afternoonfull of hay.”
I copied the following from a western paper:—
“Yes, my countrymen, a dawn begins to open upon us; the crepusculous rays of returning republicanism are fast extending over the darkness of our political horizon, and before their brightness, those myrmidons shall slink away to the abode of the demons who have generated them, in the hollow caves of darkness.”
Again—“Many who have acquired great fame and celebrity in the world, began their career as printers. Sir William Blackstone, the learned English commentator of laws, was a printer by trade.King Charles the Thirdwas a printer, and not unfrequently worked at the trade after he ascended the throne of England.”
Who Charles the Third of England was I do not know, as he is not yet mentioned in any of our histories.
The most remarkable newspaper for its obscenity, and total disregard for all decency and truth in its personal attacks, is the Morning Herald of New York, published by a person of the name of Bennett, and being published in so large a city, it affords a convincing proof with what impunity the most licentious attacks upon private characters are permitted. But Mr Bennett issui generis; and demands particular notice. He is indeed a remarkable man, a species of philosopher, who acts up to his tenets with a moral courage not often to be met with in the United States. His maxim appears to be this—“Money will find me every thing in this world, and money I will have, at any risk, except that of my life, as, if I lost that, the money would be useless.” Acting upon this creed, he has lent his paper to the basest and most malignant purposes, to the hatred of all that is respectable and good, defaming and inventing lies against every honest man, attacking the peace and happiness of private families by the most injurious and base calumny. As may be supposed, he has been horse-whipped, kicked, trodden under foot, and spat upon, and degraded in every possible way; but all this he courts, because it brings money. Horse-whip him, and he will bend his back to the lash, and thank you, as every blow is worth so many dollars. Kick him, and he will remove his coat tails, that you may have a better mark, and he courts the application of the toe, while he counts the total of the damages which he may obtain. Spit upon him, and he prizes it as precious ointment, for it brings him the sovereign remedy for his disease, a fever for specie.
The day after the punishment, he publishes a full and particular account of how many kicks, tweaks of the nose, or lashes he may have received. He prostitutes his pen, his talent, every thing for money. His glory is, that he has passed the rubicon of shame; and all he regrets is, that the public is at last coming to the unanimous opinion, that he is too contemptible, too degraded, to be even touched. The other, and more respectable editors of newspapers, avoid him, on account of the filth which he pours forth; like a polecat, he may be hunted down; but no dog will ever attempt to worry him, as soon as he pours out the contents of his foetid bag.
It is a convincing proof of the ardent love of defamation in this country, that this modern Thersites, who throws the former of that name so immeasurably into the background, has still great sway over men in office; every one almost, who has a character, is afraid of him, and will purchase his silence, if they cannot his good will.
During the crash at New York, when even the suspicion of insolvency was fatal, this miscreant published some of the most respectable persons of New York as bankrupts, and yet received no punishment. His paper is clever, that is certain; but I very much doubt if Bennett is the clever man—and my reason is this, Bennett was for some time in England, and during that time the paper, so far from falling off, was better written than before. I myself, before I had been six weeks in the country, was attacked by this wretch, and, at the same time, the paper was sent to me with this small note on the margin:— “Send twenty dollars, and it shall be stopped.”—“I only wish you may get it,” said I to myself. (See Note 1.)
Captain Hamilton, speaking of the newspaper press in America, says—
“In order to form a fair estimate of their merit, I read newspapers from all parts of the union, and found them utterly contemptible, in point of talent, and dealing in abuse so virulent, as to excite a feeling of disgust,—not only with the writers, but with the public which afforded them support. Tried by this standard—and I know not how it can be objected to—the moral feeling of this people must be estimated lower than in any deductions from other circumstances I have ventured to rate it.”
In the following remarks, also, I most cordially agree with him. “Our newspaper and periodical press is bad enough. Its sins against propriety cannot be justified, and ought not to be defended. But its violence is meekness, its liberty restraint, and even its atrocities are virtues, when compared with that system ofbrutal and ferocious outragewhich distinguishes the press in America. In England, even an insinuation against personal honour is intolerable. A hint—a breath—the contemplation even of a possibility of tarnish—such things are sufficient to poison the tranquillity, and, unless met by prompt vindication, to ruin the character of a public man; but in America, it is thought necessary to have recourse to other weapons. The strongest epithets of a ruffian vocabulary are put in requisition.”
It may be asked, how is it possible that an “enlightened nation” can permit such atrocity. It must be remembered, that newspapers are vended at a very low price throughout the States, and that the support of the major portion of them is derived from the ignorant and lower classes. Every man in America reads his newspaper, and hardly any thing else; and while he considers that he is assisting to govern the nation, he is in fact, the dupe of those who pull the strings in secret, and by flattering his vanity, and exciting his worst feelings, make him a poor tool in their hands. People are too apt to imagine that the newspapers echo their own feelings; when the fact is, that by taking in a paper, which upholds certain opinions, the readers are, by daily repetition, become so impressed with these opinions, that they have become slaves to them. I have before observed, that learning to read and write is not education, and but too often is the occasion of the demoralisation of those, who might have been more virtuous and more happy in their ignorance. The other day when I was in a steam-vessel, going down to Gravesend, I observed a foot-boy sitting on one of the benches—he was probably ten or eleven years old, and was deeply engaged in reading a cheap periodical, mostly confined to the lower orders of this country called the Penny Paul Pry. Surely it had been a blessing to the lad, if he had never learnt to read or write, if he confined his studies, as probably too many do, from want of farther leisure, to such an immoral and disgusting publication.
In a country where every man is a politician, and flatters himself that he is assisting to govern the country, political animosities must of course be carried to the greatest lengths, and the press is the vehicle for party violence; but Captain Hamilton’s remarks are so forcible, and so correct, that I prefer them to any I could make myself.
“The opponents of a candidate for office, are generally not content with denouncing his principles, or deducing from the tenor of his political life, grounds for questioning the purity of his motives. They accuse him boldly ofburglaryorarson, or at the very least, of petty larceny.Time, place and circumstances, are all stated. The candidate for Congress or the Presidency, is broadly asserted to havepicked pockets, or pocketed silver spoons, or to have been guilty of something equally mean and contemptible. Two instances of this, occur at this moment to my memory. In one newspaper, a member of Congress was denounced as having feloniously broken open a scrutoire, and having thence stolen certain bills and banknotes; another was charged with selling franks at twopence a piece, and thus coppering his pockets at the expense of the public.”
But let me add the authority of Americans. Mr Webster, in his celebrated speech on the public lands, observes in that powerful and nervous language for which he is so celebrated:— “It is one of the thousand calumnies with which the press teemed, during an excited political canvass. It was a charge, of which there was not only no proof or probability, but which was, in itself, wholly impossible to be true. No man of common information ever believed a syllable of it. Yet it was of that class of falsehoods, which by continued repetition, through all the organs of detraction and abuse, are capable of misleading those who are already far misled, and of farther fanning passion, already kindled into flame. Doubtless, it served in its day, and, in greater or less degree, the end designed by it. Having done that, it has sunk into the general mass of stale and loathed calumnies. It is the very cast-off slough of apollutedandshamelesspress.” And Mr Cooper observes—“Every honest man appears to admit that the press in America is fast getting to beintolerable. In escaping from the tyranny of foreign aristocrats, we have created in our bosoms atyranny of a charactersoinsupportable, that a change of some sort is getting indispensable to peace.”
Indeed, the spirit of defamation, so rife in America, is so intimately connected with its principal channel, the press, that it is impossible to mention one, without the other, and I shall, therefore, at once enter into the question.
Defamation is the greatest curse in the United States, and its effects upon society I shall presently point out. It appears to be inseparable from a democratic form of government, and must continue to flourish in it, until it pleases the Supreme to change the hearts of men. When Aristides inquired of the countryman, who requested him to write down his own name on the oyster-shell, what cause of complaint he had against Aristides; the reply given was, “I have none; except, that I do not like to hear him always called theJust.” So it is with the free and enlightened citizens of America. Let any man rise above his fellows by superior talent, let him hold a consistent, honest career, and he is exalted only into a pillory, to be pelted at, and be defiled with ordure. False accusations, the basest insinuations, are industriously circulated, his public and private character are equally aspersed, truth is wholly disregarded: even those who have assisted to raise him to his pedestal, as soon as they perceive that he has risen too high above them, are equally industrious and eager to drag him down again. Defamation exists all over the world, but it is incredible to what an extent this vice is carried in America. It is a disease which pervades the land; which renders every man suspicious and cautious of his neighbour, creates eye-service and hypocrisy, fosters the bitterest and most malignant passions, and unceasingly irritates the morbid sensibility, so remarkable among all classes of the American people.
Captain Hamilton, speaking of the political contests, says, “From one extremity of the Union to the other, the political war slogan is sounded. No quarter is given on either side; every printing press in the United States is engaged in the conflict. Reason, justice, and charity; the claims of age and of past services, of high talents and unspotted integrity, are forgotten. No lie is too malignant to be employed in this unhallowed contest, if it can but serve the purpose of deluding, even for a moment, the most ignorant of mankind. No insinuation is too base, no equivocation too mean, no artifice too paltry. The world affords no parallel to the scene of political depravity exhibited periodically in this free country.”
Governor Clinton, in his address to the legislature in 1828, says—“Party spirit has entered the recesses of retirement, violated the sanctity of female character, invaded the tranquillity of private life, and visited with severe inflictions the peace of families. Neither elevation nor humility has been spared, nor the charities of life, nor distinguished public services,—nor the fire-side, nor the altar, been left free from attack; but a licentious and destroying spirit has gone forth, regardless of everything, but the gratification of malignant feelings and unworthy aspirations.” And in the New York Annual Register, quoted by Captain Hamilton, we have the following remarks: “In conducting the political discussions which followed the adjournment of Congress, both truth and propriety were set at defiance. The decencies of private life were disregarded; conversations and correspondence which should have been confidential, were brought before the public eye; the ruthless warfare was carried into the bosom of private life; neither age nor sex were spared, the daily press teemed with ribaldry and falsehood; and even the tomb was not held sacred from the rancorous hostility which distinguished the presidential election of 1828.”
I have considered it necessary thus to heap authority upon authority, as the subject is one of the most vital importance; and I must first prove the extent of this vice, without the chance of the shadow of contradiction, before I point out its fatal consequences.
That the political animosities arising from a free and enlightened people governing themselves, have principally engendered and fostered this vice, is most certain; and it would be some satisfaction, if, after the hostile feelings had subsided, the hydra also sank to repose.
But this cannot be the case. A vice, like detraction, so congenial to our imperfect natures, is not to be confined to one channel, and only resorted to, as a political weapon, when required. It is a vice which when once called into action, and unchecked by the fear of punishment or shame, must exist and be fed. It becomes a confirmed habit, and the effect upon society is dreadful. If it cannot aim its shafts at those who are in high places, if there is no noble quarry for its weapons, it will seek its food amongst smaller game, for it never tires. The consequence is, that it pervades and feeds upon society—private life is embittered; and, as Mr Cooper most justly observes, “rendering men indifferent to character, and indeed rendering character of little avail.”
Indeed, from the prevalence of this vice, society in America appears to be in a state of constant warfare—Indian warfare, as every one is crouched, concealed, watching for an opportunity to scalp the reputation of his neighbour! They exist in fear and trembling, afraid to speak, afraid to act, or follow their own will, for in America there is no free will. When I have asked why they do not this or that, the reply has invariably been, that they dare not. In fact, to keep their station in society, they must be slaves—not merely slaves, for we are all so far slaves, that if we do that which is not right, we must be expelled from it; but abject and cowardly slaves, who dare not do that which is innocent, lest they should be misrepresented. This is the cause by there is such an attention to theoutwardforms of religion in the United States, and which has induced some travellers to suppose them a religious people, as if it were possible that any real religion could exist, where morality is at so low an ebb. When I first went to Boston, I did not go to church on the following day. An elderly gentleman called upon and pointed out to me that I had omitted this duty; “but,” continued he, “I have had it put into one of the newspapers that you attended divine service at such a church, so all is right.” All was right; yes, all was right, according to the American’s ideas of “all was right.” But I thought at the time, that my sin of omission was much more venial than his of commission.
When at Detroit, I was attacked in the papers because I returned a few calls on a Sunday. I mention this, not because I was justified in so doing, but because I wish to show the censorship exercised in this very moral country.
The prevalence of this evil acts most unfortunately upon society in other ways. It is the occasion of your hardly ever knowing whom you may, or whom you may not, be on terms of intimacy with, and of the introduction of many people into society, who ought to be wholly excluded. Where slander is so general, when in the space of five minutes you will be informed by one party, that Mr So and So is an excellent person, and by another that he is a great scoundrel, just as he may happen to be on their side or the opposite, in politics, or from any other cause, it is certain that you must be embarrassed as to the person’s real character; and as a really good man may be vituperated, so the reports against one who is unworthy, are as little credited: the fact is, you never know who you are in company with.
Almost all the duels which are so frequent in America, and I may add all the assassinations in the western country, arise principally from defamation. The law gives no redress, and there is no other way of checking slander, than calling the parties to account for it. Every man is therefore ready and armed against his fellow.
Inadvertently affront any party, wound his self-love, and he will immediately coin some malignant report, which is sure to be industriously circulated. You are at the mercy of the meanest wretch in the country; for although praise is received with due caution, slander is everywhere welcomed. An instance occurred with respect to myself. I was at Lexington, and received great kindness and civility from Mr Clay. One day I dined at his table; there was a large party, and at the further end, at a distance where he could not possibly have heard what passed between Mr Clay and me, there sat a young man, whose name is not worth mentioning. When he returned to Louisville, he spread a report that I had grossly insulted Mr Clay at his own table. Now the catalogue of enormities circulated against me was already so extensive, that I was not in very good odour; but Mr Clay is so deservedly the idol of this State, and indeed of almost the whole Union, that there could not be a more serious charge against me—even those who were most friendly avoided me, saying, they could forgive me what I had formerly done, but to insult Mr Clay was too bad. So high was the feeling, and so industriously was the calumny circulated, that at last I was compelled to write to Mr Clay on the subject, and I received in return a most handsome letter, acquitting me of the malicious charge. This I showed to some, and they were satisfied; and they advised me to print it, that it might be better known. This was a compliment I did not choose to pay them; and the impression of the majority still is that I insulted Mr Clay. The affair being one of the many connected with myself, I should not have mentioned it, except to prove how lightly such a practice is estimated.
Whatever society permits, people will do, and moreover, will not think that they are wrong in so doing. In England, had a person been guilty of a deliberate and odious lie, he would have been scouted from society, his best friends would have cut him; but how was this person treated for his conduct? When I showed Mr Clay’s letter, one said, “Well now, that was very wrong of A.”—Another, “I did not believe that A would have done so.”—A third, “that A ought to be ashamed of himself;” but they did not one of them, on account of this falsehood, think it necessary to avoid him. On the contrary, he was walking arm-in-arm with the men, dancing and flirting with the women just as before, although his slander, and the refutation of it, were both well known.
The reader will now perceive the great moral evil arising from this vice, which is, that it habituates people to falsehood. The lie of slander is the basest of all lies; and the practice of it, the most demoralising to the human heart. Those who will descend to such deliberate and malignant falsehood, will not scruple at any other description. The consequence is, that what the Americans have been so often taxed with, is but too prevalent, “a disregard totruth.”
To what must we ascribe the great prevalence of this demoralising habit in the United States? That the licentiousness of the press feeds it, it is true; but I am rather inclined to imagine that the real source of it is to be found in the peculiarity of their institutions. Under a democracy, there are but two means by which a man can rise above his fellows—wealth and character; and when all are equal, and each is struggling to rise above the other, it is to the principle that if you cannot rise above another by your own merit, you can at least so far equalise your condition by pulling him down to your own level, that this inordinate appetite for defamation must be ascribed. It is a state of ungenerous warfare, arising from there being no gradation, no scale, no discipline, if I may use the term, in society. Every one asserts his equality, and at the same time wishes to rise above his fellows; and society is in a state of perpetual and disgraceful scuffle. Mr Tocqueville says, “There exists in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level, and induces men to prefer equality in slavery to inequality with freedom.”
In politics, especially, character becomes of much more importance than wealth, and if a man in public life can once be rendered odious, or be made suspected, he loses his supporters, and there is one antagonist removed in the race for pre-eminence. Such is one of the lamentable defects arising from a democratical form of Government. How different from England, and the settled nations of the old world, where it may be said that everything and everybody is, comparatively speaking, in his place!
Although many will, and may justifiably, attempt to rise beyond his circumstances and birth, still there is order and regularity; each party knows the precise round in the ladder on which he stands, and the majority are content with their position.
It is lamentable to observe how many bad feelings, how many evil passions, are constantly in a state of activity from this unfortunate chaotical want of gradation and discipline, where all would be first, and every one considers himself as good as his neighbour.
The above-mentioned author observes—“The surface of American society is, if I may use the expression, covered with a layer of democracy, from beneath which the aristocratic colours sometimes peep.”
In a moral sense, this is also true, the nobler virtues which are chiefly produced in the fertile field of aristocracy do occasionally appear; but the whole surface is covered with a layer of democracy, which like the lava which the volcano continually belches forth, has gradually poured down, and reduced the country round it to barrenness and sterility. (See Note 2.)
Note 1.Someof theinvented calumniesagainst me found their way to this country. I consider the contents of this chapter to be a sufficient refutation, not only of what has been, but of what will in all probability be hereafter asserted against me by the American press.
Note 2. This chapter was in the press, when a paragraph, cut out of the Baltimore Chronicle, was received from an anonymous hand at New York. Whether with a friendly intention or otherwise, I am equally obliged to the party, as it enables me to further prove, if it were necessary, the vituperation of the American press.
“Many persons in our country had an opportunity of becoming acquainted with the Captain. The fast-anchored isle never gave birth to amore unmitigated blackguard. His awkward, unwieldy misshapen body, was but a fair lodging for a low, depraved, licentious soul. Although liberally educated, he seemed insensible to any other enjoyments than those of sense. No human being could in his desires or habits approach more near to the animal than him. No gentleman ever sat down with him an hour without a sensation of loathing and disgust. ‘What kind of man is Captain Marryat?’ was once asked in our presence of a distinguished member of Congress, who had sojourned with him at the White Sulphur Springs. ‘He is no man at all,’ was the reply, ‘he is a beast.’”
This is really “going the whole hog” himself, and making me go it too. Now, if I receive such abuse for my first three volumes, in which I went into little or no analysis, what am I to expect for those which are about to appear? To the editor of the Baltimore Chronicle I feel indebted: but I suspect that therespectableportion of the American community will be very much annoyed at my thus giving his remarks more extensive circulation than he anticipated.
Volume One—Chapter Seven.Authors, etc.The best specimens of American writing are to be found in their political articles, which are, generally speaking, clear, argumentative, and well arranged. The President’s annual message is always masterly in composition, although disgraced by its servile adulation of the majority. If we were to judge of the degrees of enlightenment of the two countries, America and England, by the President’s message and the King’s speech, we should be left immeasurably in the back-ground—the message, generally speaking, being a model of composition, while the speech is but too often a farrago of bad English. This is very strange, as those who concoct the speech are of usually much higher classical attainments than those who write the message. The only way to account for it, is, that in the attempt to condense the speech, they pare and pare away till the sense of it is almost gone; his Majesty’s ministers perfectly understanding what they mean themselves, but forgetting that it is necessary that others should do the same. But in almost all branches of literature the Americans have no cause to be displeased with the labours of their writers, considering that they have the disadvantage of America looking almost entirely to the teeming press of England for their regular supply, and nowhere in that country can be said at present to be men of leisure and able to devote themselves to the pursuit. An author by profession would gain but a sorry livelihood in the United States, unless he happened to be as deservedly successful as Washington Irving or Cooper. He not only has to compete against the best English authors, but as almost all the English works are published without any sum being paid for the copyright, it is evident that he must sell his work at a higher price if he is to obtain any profit. An English work of fiction, for instance, is sold at a dollar and a quarter, while an American one costs two dollars.This circumstance would alone break down the American literature if it were not for the generosity of England in granting their authors a copyright in this country; indeed, the American public pay that tacit compliment to us that they will hardly look at a work by one of their own citizens, until it has first been published in England, and received the stamp of approbation. Those American authors who have obtained a reputation look, therefore chiefly to the English copyright for remuneration; and if it were not for this liberality on our part, the American literature would not receive sufficient support from its own country to make it worth the while of any one to engage in it. The number of English works republished in America is very great, but the number of each work sold is much smaller than people here imagined.The periodical literature of the United States is highly creditable. The American Quarterly Review; the New York Mirror, by George P Morris; the Knickerbocker, by Clarke; and the Monthly Magazine; all published at New York, are very good; so, indeed, are the magazines published at Philadelphia, and many others. It may be said that, upon the whole, the periodical press of America is pretty well on a par with that of this country. Periodical literature suits the genius of the Americans, and it is better supported by them than any other description.The Americans are jealous of our literature, as they are, indeed, of everything connected with this country; but they do themselves injustice in this respect, as I consider that they have a very fair proportion of good writers. In history, and the heavier branches of literature, they have the names of Sparks, Prescott, Bancroft, Schoolcraft, Butler, Carey, Pitkin, etcetera. In general literature, they have Washington Irving, Fay, Hall, Willis, Sanderson, Sedgwick, Leslie, Stephens, Child and Neal. In fiction, they have Cooper, Paulding, Bird, Kennedy, Thomas, Ingraham, and many others. They have, notwithstanding the mosquitoes, produced some very good poets: Bryant, Halleck, Sigourney, Drake, etcetera; and have they not, with a host of polemical writers, Dr Channing, one of their greatest men, and from his moral courage in pointing out their errors, the best friend to his country that America has ever produced! Indeed, to these names we might fairly add their legal writers—Chancellor Kent and Judge Story, as well as Webster, Clay, Everett, Cass, and others, who are better known from their great political reputations than from their writings. Considering that they have but half our population, and not a quarter of the time to spare that we have in this country, the Americans have no want of good writers, although there are few of them well known to the British public. It must be pointed out that the American writers are under another disadvantage which we are not subject to in this country, which is, that freedom of opinion is not permitted to them; the majority will not allow it, except on points of religion, and in them they may speculate as much as they please, and publish their opinions, whether Deistical, Atheistical, or worse, if they can find worse out. It is true than an author may, and some will, publish what they please, but if he does not wish to lose his popularity, and thereby lose his profits, he must not only not offend, but he must conciliate and flatter the nation: and such is the practice with the majority of American authors. Whether it be a work of fiction or one of history his countrymen must be praised, and, if it be possible to introduce it, there must be some abuse of England. This fact will account for the waning popularity of Mr Cooper; he has ventured to tell his countrymen the truth in more than (one) of his later works, and now the majority are against him. The work, which I have often quoted in these pages, called “The Democrat,” fell dead from the press. I think it fortunate for Mr Cooper that it did, as people have been lynched who have not said half so much as he did in that work. His “Naval History” will reinstate him, and I suspect it has been taken up with that view, for, although Mr Cooper has shown a good deal of moral courage, he has not remained consistent. At one moment he publishes “The Democrat,” and gives his countrymen a goodwhipping, and then he publishes his “Naval History,” andsoft sawdersthem. But, with the exception of Dr Channing, he almost stands alone in this particular.One of the best authors of America is Judge Hall; he proves himself by his writings to be a shrewd, intelligent man, and yet in his “Statistics of the West” I was surprised to find the following paragraph, the substance of which was more than once repeated in the work. Speaking of the Indian hostilities, he says:—“The mother country (England) never ceased to indulge in the hope of reuniting the colonies (that is the United States) to her empire, until thewar of eighteen hundred and twelvecrushed the last vestige of her delusive anticipations.”Such is his preposterous assertion, the absurdity of which will make an Englishman laugh; but the corollaries drawn from it are serious, as they are intended to feed the hostile feeling still existing against this country; for he attempts to prove that from the time the Independence was ratified by George the Third, that we have ever been trying to reduce America again to our sway; and that all the hostile attempts of the various Indian tribes, all the murders of women and children, and scalping, since that date, were wholly to be ascribed to the agency and bribes of England, who hoped by such means to drive the Americans back to the sea coast, where they could be assailed by her navy.A little reflection might satisfy any reasonable American, that when they wrestled by main force, and without regard to justice, those lands from the Indians which they had hunted over for so many generations, and which were their own property, it was very natural that the Indians should not surrender them without a struggle. But the wish of Judge Hall was to satisfy his countrymen that their exterminating wars against the Indians have been those ofself defence, and not ofunpardonable aggression. At that period there were many white men who had either joined, or, having been captured, had been adopted into, the Indian tribes. All these Judge Hall would make out to be English emissaries, especially one whom he very correctly designates as the “infamous Girty.” Unfortunately for Judge Hall the infamous Girty was an American, and born in Philadelphia, as is proved by American authority.This obligation to write for their own countrymen, and for them alone, has very much injured the sale of American works in England, for publishers having read them find so many offensive and untrue remarks upon this country, that they will not print them. But it does more harm, as it cramps genius, harrows their ideas, and instead of leading in the advance, and the people looking up to them, they follow in the rear, and look up to the people, whom they flatter to obtain popularity; and thus the pen in America, as a moral weapon, is at present “niddering.”The remarks of Miss Martineau on American literature are, as all her other remarks, to be received with great caution. Where she obtained her information I know very well, and certain it is that she has been most egregiously deceived. An American critic observes very truly:—“It is the misfortune of professed book writers, when they arrive in the United States, to fall into the hands of certain cliques in our principal cities and town, who make themselves the medium of interpretation—their own modes of life, the representation of those of theéliteof the country; their own opinions, the infallible criterion by which all others must be estimated. They surround the traveller with an atmosphere of their own, and hope to shine through it on the future pages of the grateful guest.“This accounts satisfactorily for many things which are to be found in Miss Martineau’s work, for her numerous misapprehensions as to the character, taste, and occupations of the American women.“She evidently mistakes the character of our merchants, and does our literature but meagre justice. To hold up some obscure publications from the pens of mere literary adventurers as the best works she has seen, and at the same time pronounce Mr Cooper’s much regretted failure, is a stretch of boldness, quite unwarranted by anything Miss Martineau has yet achieved in the republic of letters.”Such was really the case; Miss Martineau fell into what was termed the Stockbridge clique, and pinned her faith upon the oracles which they poured into her ears. She says that in America, Hannah More is best known; on the contrary, Hannah More is hardly known in the United States.She says that Wordsworth is much read. Mr Wordsworth has never even in this country been appreciated as he ought to be. In America it may almost be said that he has not been read; and she adds to this, that Byron islittle known; this is really too bold an assertion. Miss Martineau was everywhere in the best society in America; and I believe that in nine drawing-rooms out of ten, she must have seen a copy of Byron lying on the table.She says Mr Cooper is a failure. With the exception of Washington Irving, there never was an American writer so justly popular in America as Cooper. It is true that latterly he has displeased the majority, by pointing out to them their faults, and that he is notalwaysin a good humour when he writes about England. But to state the author of such works as “The Pilot”, “The Last of the Mohicans”, and “The Prairie”, a failure, is really too absurd. The cause of this remark is said to be that Mr Cooper had a quarrel with Miss Martineau’s particular friend Mr S—. There is only one remark in the whole of her observations which is in itself true. She says Bulwer is much read. Here she is correct: but the cause which she gives for his being so much read, is not the real one. She asserts it is on account of his liberal opinions; it is not on that account, it is from the interest of his stories, and the beauty of his writing.But the assertion that seemed to me the most strange in Miss Martineau’s work, was, that Mr Carlisle, the author of “Sartor Resartus”, was the most read of any English author. Without intending to depreciate the works of Mr Carlisle, I felt convinced from my own knowledge, that this could not be a fact, for Mr Carlisle’s works are not suited to the Americans. I, therefore, determined to ascertain how far it was correct. I went to the publishers, and inquired how many of Mr Carlisle’s works had been printed. They replied that they had printed one edition of six hundred copies, which they had nearly sold; and were considering whether it would be worth their while to print a second; and in consequence of Miss Martineau’s assertion, that Byron was little known, I applied to the largest publishers in New York and Philadelphia, to ascertain, if I could, how many copies of Byron had been published. The reply was, that it was impossible to say exactly, as there had been so many editions issued, by so many different publishers, but that they considered that from one hundred and fifty to two hundred thousand copies, must have been sold! so much for the accuracy of Miss Martineau. (See Note 1.)I am afraid, that notwithstanding the eloquent and energetic exertions of the author of “Ion,” we shall never be able to make the public believe that the creations of a man’s brain are his own property, or effect any arrangement with foreign countries, so as to secure a copyright to the English author. As on my arrival in America it was reported in the newspapers that I had come out to ascertain what could be done in that respect, and to follow up the petition of the English authors. The subject was, therefore, constantly introduced and canvassed; and I naturally took an interest in it. Every one almost was for granting it; but, at the same time, every one told me that we should not obtain it.The petition of the English authors to Congress was warmly espoused by Mr Clay, who invariably leads the van in everything which is liberal and gentlemanlike. A select committee, of which Mr Clay was chairman, was formed to consider upon it, and the following was the result of their inquiry, and a bill was brought in, upon the report of the committee:—“In Senate of the United States, Feb. 16, 1837.“Mr Clay made the following report:—“The select committee to whom was referred the address of certain British and the petition of certain American authors, have, according to order, had the same under consideration, and beg leave now to report:—“That, by the act of Congress of 1831, being the law now in force regulating copyrights, the benefits of the act are restricted to citizens or residents of the United States; so that no foreigner, residing abroad, can secure a copyright in the United States for any work of which he is the author, however important or valuable it may be. The object of the address and petition, therefore, is to remove this restriction as to British authors, and to allow them to enjoy the benefits of our law.“That authors and inventors have, according to the practice among civilised nations, a property in the respective productions of their genius is incontestible; and that this property should be protected as effectually as any other property is, by law, follows as a legitimate consequence. Authors and inventors are among the greatest benefactors of mankind. They are often dependent, exclusively, upon their own mental labours for the means of subsistence; and are frequently, from the nature of their pursuits, or the constitutions of their minds, incapable of applying that provident care to worldly affairs which other classes of society are in the habit of bestowing. These considerations give additional strength to their just title to the protection of the law.“It being established that literary property is entitled to legal protection, it results that this protection ought to be afforded wherever the property is situated. A British merchant brings or transmits to the United States a bale of merchandise, and the moment it comes within the jurisdiction of our laws they throw around it effectual security. But if the work of a British author is brought to the United States, it may be appropriated by any resident here, and republished, without any compensation whatever being made to the author. We should be all shocked if the law tolerated the least invasion of the rights of property, in the case of the merchandise, whilst those which justly belong to the works of authors are exposed to daily violation, without the possibility of their invoking the aid of the laws.“The committee think that this distinction in the condition of the two descriptions of property is not just; and that it ought to be remedied by some safe and cautious amendment of the law. Already the principle has been adopted in the patent laws, of extending their benefits to foreign inventions and improvements. It is but carrying out the same principle to extend the benefit of our copyright laws to foreign authors. In relation to the subject of Great Britain and France, it will be but a measure of reciprocal justice; for, in both of those countries, our authors may enjoy that protection of their laws for literary property which is denied to their subjects here.“Entertaining these views, the committee have been anxious to devise some measure which, without too great a disturbance of interests or affecting too seriously arrangements which have grown out of the present state of things, may, without hazard, be subjected to the test of practical experience. Of the works which have heretofore issued from the foreign press, many have already been republished in the United States; others are in a progress of republication, and some probably have been stereotyped. A copyright law which should embrace any of these works, might injuriously affect American publishers, and lead to collision and litigation between them and foreign authors.“Acting, then, on the principles of prudence and caution, by which the committee have thought it best to be governed, the bill which the committee intend proposing provides that the protection which it secures shall extend to those works only which shall be published after its passage. It is also limited to the subjects of Great Britain and France; among other reasons, because the committee have information that, by their laws, American authors can obtain there protection for their productions; but they have no information that such is the case in any other foreign country. But, in principle, the committee perceive no objection to considering the republic of letters as one great community, and adopting a system of protection for literary property which should be common to all parts of it. The bill also provides that an American edition of the foreign work for which an American copyright has been obtained, shall be published within reasonable time.“If the bill should pass, its operation in this country would be to leave the public, without any charge for copyright, in the undisturbed possession of all scientific and literary works published prior to its passage—in other words, the great mass of the science and literature of the world; and to entitle the British or French author only to the benefit of every copyright in respect to works which may be published subsequent to the passage of the law.“The committee cannot anticipate any reasonable or just objection to a measure thus guarded and restricted. It may, indeed, be contended, and it is possible that a new work, when charged with the expense incident to the copyright, may come into the hands of the purchaser at a small advance beyond what would be its price, if there were no such charge; but this is by no means certain. It is, on the contrary, highly probable that, when the American publisher has adequate time to issue carefully an edition of the foreign work, without incurring the extraordinary expense which he now has to sustain to make a hurried publication of it, and to guard himself against dangerous competition, he will be able to bring it into the market as cheaply as if the bill were not to pass. But, if that should not prove to be the case, and if the American reader should have to pay a few cents to compensate the author for composing a work which he is instructed and profited, would it not be just in itself? Has any reader a right to the use, without remuneration, of intellectual productions which have not yet been brought into existence, but lie buried in the mind of genius? The committee think not; and they believe that no American citizen would not feel it quite as unjust, in reference to future publications, to appropriate to himself their use, without any consideration being paid to their foreign proprietors, as he would to take the bale of merchandise, in the case stated, without paying for it; and he would the more readily make this trifling contribution, when it secured to him, instead of the imperfect and slovenly book now often issued, a neat and valuable work, worthy of preservation.“With respect to the constitutional power to pass the proposed bill, the committee entertain no doubt, and Congress, as before stated, has acted on it. The constitution authorises Congress to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries. There is no limitation of the power to natives or residents of this country. Such a limitation would have been hostile to the object of the power granted. That object was topromotethe progress of science and useful arts. They belong to no particular country, but to mankind generally. And it cannot be doubted that the stimulus which it was intended to give to mind and genius, in other words, the promotion of the progress of science and the arts, will be increased by the motives which the bill offers to the inhabitants of Great Britain and France.“The committee conclude by asking leave to introduce the bill which accompanies this report.”Let it not, however, be supposed that Mr Clay was unreported by the American press; on the contrary, a large portion of it espoused the cause of the English author in the most liberal manner, indeed the boon itself, if granted, would in reality be of more advantage to America than to us; as many of them argued. The New York Daily Express observes, “But another great evil resulting from the present law is, that most of the writers of our own country are utterly precluded from advancing our native literature, since they can derive no emolument or compensation for their labours; and it is idle to urge that the devotees of literature, any more than the ingenious artisan or mechanic, can be indifferent to the ultimate advantages which should result alike to both from the diligent use and studious application of their mental energies. We patronise and read the works of foreign writers, but it is at the expense of our own, the books of the English author being procured free of all cost, supersede those which would otherwise be produced by our own countrymen,—thus the foreigner is wronged, while the same wrong acts again as a tariff upon our American author and all this manifest injury is perpetuated without its being qualified by the most remote advantage to any of the parties concerned.”The Boston Atlas responded to this observation in almost the same language.“This systematic, legalised depredation on English authors, is perfectly ruinous to all native literature. What writer can devote himself to a literary work, which he must offer on its completion, in competition with a work of the same description, perhaps, furnishingprinted copyto the compositors, and to be had for the expense of a single London copy. What publisher would give its worth for a novel, in manuscript, supposing it to be equal to Bulwer’s best, when he would get a novel of Bulwer himself, for a few shillings—with an English reputation at the back of it? This is the great reason that we have so few works illustrative of our own history—whether of fact or fiction. Our booksellers are supplied for nothing.”I extract the following from a very excellent article on the subject, in the North American Review.Another bad consequence of the existing state of things is, that the choice of books, which shall be offered us, is in the wrong hands. Our publishers have, to no small extent, the direction of our reading, inasmuch as they make the selection of books for reprinting. They, of course, will choose those works which will command the readiest and most extensive sale; but it must be remembered, that in so doing, while they answer the demand of the most numerous class of readers, they neglect the wants of the more cultivated and intelligent class. Besides his, there are many admirable works, which might come into general use if they were presented to our reading public, but which are left unnoticed by the publishers, because their success is doubtful. Supposing Abbott’s ‘Young Christian,’ for instance, a book which has had a more extensive circulation than any work of the present times, had been first published in England at the same moment that a good novel appeared, the American publishers would have given us immediately a horrid reprint of the novel; but we should have heard nothing of Abbott’s book, till its success had been abundantly tried abroad; nor even then, if some ephemeral novel had started up which promised to sell better.“Nor is it certain that the price of books would be seriously augmented by the passage of the copyright law. It must be remembered, that a great number of writers would thus be called into the field at once, English as well as American writers; for, if English authors could enjoy this benefit, they would soon begin to write expressly for America; and the competition would become so great, as to regulate the prices of books to a proper standard. But, even supposing the price to be considerably raised, it would certainly be better to pay two dollars for a handsome volume, which is worth keeping, and worth reading again, than to pay only one dollar for a book, which in five years will be worth no more than the same amount of brown paper. And, finally, there is the consideration of a native literature, which will, we presume, be placed by all reasonable and intelligent persons above that of cheap books.”Nevertheless, a large portion of the press took up the other side of the question, as may be inferred from a reply which I have inserted in the note beneath. (See note 2.)The bill brought in was lost. Strange to say, the Southerner voted against, on the grounds that they would not give a copyright to Miss Martineau, to propagate her abolition doctrines in that country—forgetting, that as a copyright would increase the price of a work, it would be the means of checking its circulation, rather than of extending it.When I arrived at Washington, I thought it would be worth while to ascertain the opinion of any of the members of Congress I might meet; and one fine morning, I put the question to one of the Loco foco delegates; when the following conversation took place:—“Why, Captain, there is much to be said on this subject. Your authors have petitioned our Congress, I perceive. The petition was read last session.”(Many of the Americans appeared to be highly gratified at the idea of an English petition having been sent to Congress.)“I believe it was.”“Well, now, you see, Captain—you will ask us to let you have your copyright in this country, as you allow our authors their copyright in yours; and I suppose you mean to say that if we do not, that our authors shall have no copyright in your country. We’ll allow that, but still I consider you ask too much, as the balance is on our side most considerably. Your authors are very numerous—ours are not. It is very true, that you can steal our copyrights, as well as we can yours. But if you steal ten, we steal a hundred. Don’t you perceive that you ask us to give up the advantage?”“Oh, certainly,” replied I, “I have nothing more to say on the subject. I’m only glad of one thing.”“And what may that be, Captain?”“That I did not sign the petition.”“No, we observed that your name was not down, which rather surprised us.”To this cogent argument of the honourable member, I had no reply; and this was the first and last time that I broached the subject when at Washington; but after many conversations with American gentleman on the subject, and examination into the real merits of the case, came to the conclusion, that the English authors never would obtain a copyright in the United States, and as long as the present party are in power.Their principal argument raised against the copyright, is as follows:—“It is only by the enlightening and education of the people, that we can expect our institutions to hold together. You ask us to tax ourselves, to check the circulation of cheap literature, so essential to our welfare for the benefit of a few English authors? Are the interests of thirteen millions of people to be sacrificed? the foundation of our government and institutions to be shaken for such trivial advantages as would be derived by a few foreign authors. Your claim has the show of justice we admit, but when the sacrifice to justice must be attended with such serious consequences, must we not adhere to expediency?”Now, it so happens that the very reverse of this argument has always proved to be the case from the denial of copyright. The enlightening of a people can only be produced by their hearing the truth, which they cannot, and do not, under existing regulations, receive from their own authors, as I have already pointed out; and the effects of their refusal of the copyright to English authors, is, that the American publishers will only send forth such works as are likely to have an immediate sale, such as the novels of the day, which may be said at present to comprise nearly the whole of American rending. Such works as might enlighten the Americans are not so rapidly saleable as to induce an American publisher to risk publishing when there is such competition. What is the consequence that the Americans are amused, but not instructed or enlightened?According to the present system of publication in America, the grant of copyright would prove to be of advantage only to a few authors—of course, I refer to the most popular. I had free admission to the books of one of the largest publishing houses in the United States, and I extracted from them the profits received by this house for works of a certain reputation. It will be perceived, that the editions published are not large. The profits of the American houses chiefly resulting from the number of works published, each of these yielding a moderate profit, which when collected together, swell into a large sum total.copies printedTrade priceFielding2,500104 centsmany left unsoldPrior's Life of Goldsmith750200 centssoldArethusa1,25070 centsall soldAbel Allnut1,25052 centsalmost all soldFellow Commoner2,00070 centsmany on handRifle Brigade2,00037 centsmany on handSharpe's Essays1,00054 centsone half soldNow, as there are one hundred cents to a dollar, and the expenses of printing, paper, and advertising have to be deducted, as well as the copies left on hand, it will be evident, that the profit on each of the above works, would be too small to allow the publishers in America to give even 20 pounds for the copyright, the consequence of a copyright would therefore be, that the major portion of the works printed would not be published at all, and better works would be substituted. Of course, such authors as Walter Scott, Byron, Bulwer, etcetera, have a most extensive sale; and the profits are in proportion, but then it must be remembered that a great many booksellers publish editions, and the profits are divided accordingly. Could Sir Walter Scott have obtained a copyright in the United States, it would have bean worth to him by this time at least 100,000 pounds.The Americans talk so much about their being the most enlightened nation in the world, that it has been generally received to be the case. I have already stated my ideas on this subject, and I think that the small editions usually published, of works not standard or elementary, prove, that with the exception of newspapers, they are not areadingnation. The fact is, they have no time to read; they are all at work; and if they get through their daily newspaper, is quite as much as most of them can effect. Previous to my arrival in the United States, and even for some time afterwards, I had an idea that there was a much larger circulation of every class of writing in America, than there really is. It is only the most popular English authors, as Walter Scott, or the most fashionable, as Byron, which have any extensive circulation; the works which at present the Americans like best, are those of fiction in which there is anything to excite or amuse them, which is very natural, considering how actively they are employed during the major portion of their existence, and the consequent necessity of occasional relaxation. When we consider the extreme cheapness of books in the United States, and the enormous price of them in this country, the facilities of reading them there, and the difficulty attending it here from the above cause, I have no hesitation in saying, that as areading nation, the United States cannot enter into comparison with us.As I am upon this subject, I cannot refrain from making a few remarks upon it, as connected with this country. The price of a book now published is enormous, when the prime cost of paper and printing is considered; the actual value of each three volumes of a moderate edition, which are sold at a guinea and a half, being about four shillings and sixpence, and when the edition is large, as the outlay for putting up the type is the same in both, of course it is even less; but the author must be paid, and upon the present small editions he adds considerably to the price charged upon every volume; then comes the expense of advertising, which is very heavy; the profits of the publisher, and the profits of the trade in general; for every book for which the public pay a guinea and a half, is delivered by the publisher to the trade, that is, to the booksellers, at 1 pound 1 shillings 3 pence. The allowance to the trade, therefore, is the heaviest tax of all; but it is impossible for booksellers to keep establishments, clerks, etcetera, without having indemnification. In all the above items, which so swells up the price of the book, there cannot well be any deduction made.Let us examine into the division of profits. I am only making an approximation, but it is quite near enough for the purpose.An edition of 1,000 copies at 1 pound 11 shillings 6 pence will give 1,575 pounds.Positive Expenses to Publisher.Trade allowance of 10 shillings. 3 pence per copy: 512 pounds 10 shillings.Extra allowance. 25 for 24-40 copies: 63 pounds.Printing and paper, 4 shillings 6 pence per copy: 225 pounds 0 shillings.Advertising, equal to 2 shillings per copy: 100 pounds 0 shillings.Presentations to Universities and Reviewers, say 30 copies: 47 pounds 5 shillings.The author if he is well known, may be said to receive 7 shillings per copy: 250 pounds 0 shillings.Leaving for the publisher: 277 pounds 0 shillings.Total 1,575 pounds 0 shillings.All the first expenses being positive, it follows that the struggle is between the publisher and the author, as to what division shall be made of the remainder. The publisher points out the risk he incurs, and the author his time and necessities; and when it is considered that many authors take more than a year to write a book, it must be acknowledged that the sum paid to them, as I have put it down, is not too great. The risk, however, is with the publisher, and the great profits with the trade, which is perhaps the reason why booksellers often make fortunes, and publishers as often become bankrupts. Generally speaking, however, the two are combined, the sure gain of the bookseller being as a set off against the speculation of the publisher.But one thing is certain, the price of books in this country is much too high, and what are the consequences? First, that instead of purchasing books, and putting them into their libraries, people have now formed themselves into societies and book-clubs, or trust entirely to obtaining them from circulating libraries. Without a book is very popular, it is known by the publisher what the sale is likely to be, within perhaps fifty copies; for the book-clubs and libraries will, and must have it, and hardly anybody else will; for who will pay a guinea and a half for a book which may, after all, prove not worth reading! Secondly, it has the effect of the works being reprinted abroad, and sent over to this country; which, of course, decreases the sale of the English edition. At the Custom-House, they now admit English works printed in Paris, at a small duty, when brought over in a person’s luggage for private reading; and these foreign editions are smuggled, and are to be openly purchased at most of the towns along the coast. This cannot be prevented—and as for any international copyright being granted by France or Belgium, I do not think that it ever will be; and if it were, it would be of no avail, for the pirating would then be carried on a little further off in the small German States; and if you drove it to China, it would take place there. We are running after a Will-o’-the-wisp in that expectation. The fault lies in ourselves; the books are too dear, and the question now is, cannot they be made cheaper?There is a luxury in printing, to which the English have been so long accustomed, that it would not do to deprive them of it. Besides, bad paper and bad type would make but little difference in the expense of the book, as my calculation will show; but if a three volume work (see Note 3) could be delivered to the public at ten shillings, instead of a guinea and a half, it would not only put a stop to piracy abroad, but the reduced price would induce many hundreds to put it into their library, and be independent of the hurried reading against time, and often against inclination, to which they are subject by book-clubs and circulating libraries; and that this is not the case, is the fault of the public itself, and not of the author, publisher, or any other party.It is evident that the only way by which books may be made cheap, is by an extended sale—and “Nicholas Nickleby”, and other works of that description, have proved that a cheap work will have an extended sale—always provided it is a really good one.But it is impossible to break through the present arrangements which confine the sale of books, unless the public themselves will take it in hand—if they choose to exert themselves, the low prices may be firmly established with equal benefit to all parties, and with an immense increase in the consumption of paper. To prove that any attempt on the part of an author or publisher will not succeed unaided, it was but a few months ago, that Mr Bentley made the trial, and published the three volumes at one guinea; but he did not sell one copy more—the clubs and libraries took the usual number, and he was compelled to raise his price. The rapid sale of the Standard Novels, which have been read over and over again, when published at the price of five shillings, is another proof that the public has no objection to purchase when the price is within its means.I can see but one way by which this great desideratum is to be effected; which is, by the public insuring by subscription any publisher or bookseller from loss, provided he delivers the works at the reduced price. At present, one copy of a book may be said to serve for thirty people at least; but say that it serves for ten, or rather say that you could obtain five thousand, or even a less number, of people to put down their names as subscribers to all new works written by certain named authors, which should be published at the reduced price of ten shillings per copy. Let us see the result.A ten shilling work under such auspices would be delivered to the trade at eight shillings.The value of the five thousand copies to the publisher would be 2,000 shillings 0 shillings.The expenses of printing and paper would be reduced to about 3 shillings a copy, which would be 750 pounds.Advertising, as before, 100 pounds.Extra 1 shilling 3 pence, 4 shillings, 5 shillings, about 16 pounds, subtotal 866 pounds.Leaving a profit for author and publisher of 1,134 pounds 0 shillings.Whereas, in the printing of a thousand copies, the profits of author 350 pounds, and of publisher 277 pounds 5 shillings, equalled only 627 pounds 5 shillings.Extra profit to author and publisher 506 pounds 15 shillings.Here the public would gain, the author would gain, and the publisher would gain; nor would any party lose; the profits of the trade would not be quite so great, being 500 pounds, instead of 575 pounds; but it must be remembered, that there are many who, not being subscribers, would purchase the book as soon as they found that it was approved of—indeed, there is no saying to what extent the sale might prove to be.If any one publisher sold books at this price, the effect would be of reducing the price of all publications, for either the authors must apply to the cheap publisher, or the other publishers sell at the same rate, or they would not sell at all. Book-clubs and circulating libraries would then rapidly break up, and we should obtain the great desideratum of cheap literature.And now that I have made my statement, what will be the consequence? Why, people will say, “that’s all very well, all very true”—and nobody will take the trouble—the consequence is, that the public will go on, paying through the nose as before—and if so, let it not grumble; as it has no one to thank but itself for it. (See Note 4.)The paper and printing in America is, generally speaking, so very inferior, that the books are really not worth binding, and are torn up or thrown away after they are read—not that they cannot print well; for at Boston particularly they turn out very excellent workmanship. Mr Prescott’s “Ferdinand and Isabella”, is a very good specimen, and so are many of the Bibles and Prayer books. In consequence of their own bad printing, and the tax upon English books, there are very few libraries in America: and in this point, the American government should make some alteration, as it will be beneficial to both countries. The English editions, if sent over, would not interfere with the sale of their cheap editions, and it would enable the American gentlemen to collect libraries. The duty, at present, is twenty-six cents per pound, on books in boards, and thirty cents upon bound-books.Now, with the exception of school books, upon which the duty should be retained, this duty should be very much reduced.At present, all books published prior to 1775, are admitted upon a reduced duty of five cents. This date should be extended to 1810, or 1815, and illustrated works should also be admitted upon the reduced duty. It would be a bonus to the Americans who wish to have libraries, and some advantage to the English booksellers.I cannot dismiss this subject without pointing out a most dishonest practice, which has latterly been resorted to in the United States, and which a copyright only, I am afraid, can prevent the continuance of. Works which have become standard authority in England, on account of the purity of their Christian principles, are republished in America with whole pages altered, advantage being taken of the great reputation of the orthodox writers, to disseminate Unitarian and Socinian principles. A friend of mine, residing in Halifax, Nova Scotia, sent to a religious book society at New York for a number of works, as presents to the children attending the Sunday school. He did not examine them, having before read the works in England, and well knowing what ought to have been the contents of each.To his surprise, the parents came to him a few days afterwards to return the books, stating that they presumed that he could not be aware of the nature of their contents; and on examination, he found that he had been circulating Unitarian principles among the children, instead of those which he had wished to inculcate. (See Note 5.)The press of America, as I have described it, is all powerful; but still it must be borne in mind, that it is but the slave of the majority; which, in its turn, it dare not oppose.Such is its tyranny, that it is the dread of the whole community. No one can—no one dare—oppose it; whosoever falls under its displeasure, be he as innocent and as pure as man can be, his doom is sealed. But this power is only delegated by the will of the majority, for let any author in America oppose that will, and he is denounced. You must drink, you must write, not according to your own opinions, or your own thoughts, but as the majority will. (See Note 6.)Mr Tocqueville observes, “I know no country in which there is so little true independence of mind, and freedom of discussion, as in America.”Note 1. Miss Martineau talks of Dr Follett as one of the greatest men in America. I was surprised at this, as I never heard of his name, so I inquired—“Who is Dr Follett?”—“I don’t know.”—“Do you know Dr Follett?”—“Never heard of him.”—“Do you?”—“No.” I asked so many people that at last I became quite tired; at last I found a man who knew him, his answer was—“Oh, yes; he’s anAbolitionist!” As the American critic justly observes, “He shines in the future pages of his grateful guest.”Note 2. The International Copyright Question.One of the most important questions, upon principle, that ever was mooted, has for some time placed in juxtaposition the various editors of the corps critical, accordingly as their interests or feelings have been worked upon. Our chief object in these remarks is to hold up to the scorn and derision that it richly merits the assumption of an editor, that an author has no right to the emanations of his own mind—to the productions of his own pen. We do not mean to answer the many and gross absurdities—which this talented gentleman’s sophistry has palmed upon the public,—it would be a work of supererogation, inasmuch as his ‘airy vision’ has already been completely ‘dissolved’ by the breath of that eminent gentleman, well known to us, who has so completely annihilated the wrong which he is so anxious to continue. But the shameful assumption that a writer, universally allowed to be the worst paid artist in creation, should not have—is not entitled to have, by every principle—of courtesy and honour, a sole and undivided right to, and in, his own productions—is so monstrous, that every editor imbued with those feelings, which through life, should be the rule of his conduct, is in duty bound to come forward and express his dissent from such a doctrine, and his abhorrence of a principle so flagitious.“We avail ourselves of the opportunity this number affords of upholding the poor author’s right, of censuring the greedy spoliation of publishing tribe, who would live, batten, and fatten upon the despoiled labours of those whom their piracy starves—snatching the scanty crust from their needy mouths to pamper their own insatiate maws.“This matter lies between the publisher and the author. The author claims a right to his own productions, wherever they may be. The publishers, like the Cornwall wreckers, say no, the moment your labours touch our fatal shore they are ours; you have no right to them, no title in them. Good heavens! shall such a cruel despoliation be permitted! The publishers, with consummate cunning, turn to the public, and virtually say, support us in our theft, and we will share the spoil with you; we will give you standard works at a price immeasurably below their value. As well might a thief, brought before the honest and worthy recorder say: If your honour will wink at the crime, you will make me a public benefactor, for whilst I rob one man of an hundred watches, I can sell them to an hundred persons for one-third of their prime cost; and thus injure one and benefit a hundred, you shall have one very cheap. What would this recorder say? He would say, the crime is apparent, and I spurn with indignation and contempt your offer to part with to me that which is not your own. And should not this be the reply of the public to the publishers? Yes, and it will be too. And the vampires who have so long lived upon the spirits of authors, will have tax their own to yield themselves support.”Note 3. I ought here to remark, that the authors are much injured by the present system. It having been satisfactorily proved, that a three-volume work is the only one that can be published at the minimum of expense, and the magnum of profits, no publisher likes to publish any other. There is the same expense in advertising, etcetera, a two volume, or a one octavo book, as a three. The author, therefore, has to spin out to three volumes, whether he has matter or not; and that is the reason why the second volume, like the fourth act of a five act play, is, generally speaking, so very heavy. Publishers, now-a-days, measure works with a foot-rule, as the critic did in Sterne.Note 4. The members of the peerage and baronetage of Great Britain, the members of the untitled aristocracy—the staff officers of the army and navy—the members of the different clubs—are each of them sufficiently numerous to effect this object; and if any subscription was opened, it could not fail of being filled up.Note 5. One of those works was Abbot’s ‘Young Christian’, or some other work by that author.Note 6. Indeed, one cannot help being reminded of what Beaumarchais makes Figaro say upon the liberty of the press in another country. “On me dit que pendant ma retraite économique il s’est établi dans Madrid un système de liberté sur la vente des productions, qui s’étend même a celles de la presse; et, pourvu que je parle dans mes écrits, ni de l’autorité, ni du culte, ni de la politique, ni de la morale, ni des gens en place, ni des corps en crédit, ni de l’opéra, ni des autres spectacles, ni de personne qui tient a quelque chose, je puis tout imprimerlibrement; sous l’inspection dedeux ou trois censeurs.”
The best specimens of American writing are to be found in their political articles, which are, generally speaking, clear, argumentative, and well arranged. The President’s annual message is always masterly in composition, although disgraced by its servile adulation of the majority. If we were to judge of the degrees of enlightenment of the two countries, America and England, by the President’s message and the King’s speech, we should be left immeasurably in the back-ground—the message, generally speaking, being a model of composition, while the speech is but too often a farrago of bad English. This is very strange, as those who concoct the speech are of usually much higher classical attainments than those who write the message. The only way to account for it, is, that in the attempt to condense the speech, they pare and pare away till the sense of it is almost gone; his Majesty’s ministers perfectly understanding what they mean themselves, but forgetting that it is necessary that others should do the same. But in almost all branches of literature the Americans have no cause to be displeased with the labours of their writers, considering that they have the disadvantage of America looking almost entirely to the teeming press of England for their regular supply, and nowhere in that country can be said at present to be men of leisure and able to devote themselves to the pursuit. An author by profession would gain but a sorry livelihood in the United States, unless he happened to be as deservedly successful as Washington Irving or Cooper. He not only has to compete against the best English authors, but as almost all the English works are published without any sum being paid for the copyright, it is evident that he must sell his work at a higher price if he is to obtain any profit. An English work of fiction, for instance, is sold at a dollar and a quarter, while an American one costs two dollars.
This circumstance would alone break down the American literature if it were not for the generosity of England in granting their authors a copyright in this country; indeed, the American public pay that tacit compliment to us that they will hardly look at a work by one of their own citizens, until it has first been published in England, and received the stamp of approbation. Those American authors who have obtained a reputation look, therefore chiefly to the English copyright for remuneration; and if it were not for this liberality on our part, the American literature would not receive sufficient support from its own country to make it worth the while of any one to engage in it. The number of English works republished in America is very great, but the number of each work sold is much smaller than people here imagined.
The periodical literature of the United States is highly creditable. The American Quarterly Review; the New York Mirror, by George P Morris; the Knickerbocker, by Clarke; and the Monthly Magazine; all published at New York, are very good; so, indeed, are the magazines published at Philadelphia, and many others. It may be said that, upon the whole, the periodical press of America is pretty well on a par with that of this country. Periodical literature suits the genius of the Americans, and it is better supported by them than any other description.
The Americans are jealous of our literature, as they are, indeed, of everything connected with this country; but they do themselves injustice in this respect, as I consider that they have a very fair proportion of good writers. In history, and the heavier branches of literature, they have the names of Sparks, Prescott, Bancroft, Schoolcraft, Butler, Carey, Pitkin, etcetera. In general literature, they have Washington Irving, Fay, Hall, Willis, Sanderson, Sedgwick, Leslie, Stephens, Child and Neal. In fiction, they have Cooper, Paulding, Bird, Kennedy, Thomas, Ingraham, and many others. They have, notwithstanding the mosquitoes, produced some very good poets: Bryant, Halleck, Sigourney, Drake, etcetera; and have they not, with a host of polemical writers, Dr Channing, one of their greatest men, and from his moral courage in pointing out their errors, the best friend to his country that America has ever produced! Indeed, to these names we might fairly add their legal writers—Chancellor Kent and Judge Story, as well as Webster, Clay, Everett, Cass, and others, who are better known from their great political reputations than from their writings. Considering that they have but half our population, and not a quarter of the time to spare that we have in this country, the Americans have no want of good writers, although there are few of them well known to the British public. It must be pointed out that the American writers are under another disadvantage which we are not subject to in this country, which is, that freedom of opinion is not permitted to them; the majority will not allow it, except on points of religion, and in them they may speculate as much as they please, and publish their opinions, whether Deistical, Atheistical, or worse, if they can find worse out. It is true than an author may, and some will, publish what they please, but if he does not wish to lose his popularity, and thereby lose his profits, he must not only not offend, but he must conciliate and flatter the nation: and such is the practice with the majority of American authors. Whether it be a work of fiction or one of history his countrymen must be praised, and, if it be possible to introduce it, there must be some abuse of England. This fact will account for the waning popularity of Mr Cooper; he has ventured to tell his countrymen the truth in more than (one) of his later works, and now the majority are against him. The work, which I have often quoted in these pages, called “The Democrat,” fell dead from the press. I think it fortunate for Mr Cooper that it did, as people have been lynched who have not said half so much as he did in that work. His “Naval History” will reinstate him, and I suspect it has been taken up with that view, for, although Mr Cooper has shown a good deal of moral courage, he has not remained consistent. At one moment he publishes “The Democrat,” and gives his countrymen a goodwhipping, and then he publishes his “Naval History,” andsoft sawdersthem. But, with the exception of Dr Channing, he almost stands alone in this particular.
One of the best authors of America is Judge Hall; he proves himself by his writings to be a shrewd, intelligent man, and yet in his “Statistics of the West” I was surprised to find the following paragraph, the substance of which was more than once repeated in the work. Speaking of the Indian hostilities, he says:—
“The mother country (England) never ceased to indulge in the hope of reuniting the colonies (that is the United States) to her empire, until thewar of eighteen hundred and twelvecrushed the last vestige of her delusive anticipations.”
Such is his preposterous assertion, the absurdity of which will make an Englishman laugh; but the corollaries drawn from it are serious, as they are intended to feed the hostile feeling still existing against this country; for he attempts to prove that from the time the Independence was ratified by George the Third, that we have ever been trying to reduce America again to our sway; and that all the hostile attempts of the various Indian tribes, all the murders of women and children, and scalping, since that date, were wholly to be ascribed to the agency and bribes of England, who hoped by such means to drive the Americans back to the sea coast, where they could be assailed by her navy.
A little reflection might satisfy any reasonable American, that when they wrestled by main force, and without regard to justice, those lands from the Indians which they had hunted over for so many generations, and which were their own property, it was very natural that the Indians should not surrender them without a struggle. But the wish of Judge Hall was to satisfy his countrymen that their exterminating wars against the Indians have been those ofself defence, and not ofunpardonable aggression. At that period there were many white men who had either joined, or, having been captured, had been adopted into, the Indian tribes. All these Judge Hall would make out to be English emissaries, especially one whom he very correctly designates as the “infamous Girty.” Unfortunately for Judge Hall the infamous Girty was an American, and born in Philadelphia, as is proved by American authority.
This obligation to write for their own countrymen, and for them alone, has very much injured the sale of American works in England, for publishers having read them find so many offensive and untrue remarks upon this country, that they will not print them. But it does more harm, as it cramps genius, harrows their ideas, and instead of leading in the advance, and the people looking up to them, they follow in the rear, and look up to the people, whom they flatter to obtain popularity; and thus the pen in America, as a moral weapon, is at present “niddering.”
The remarks of Miss Martineau on American literature are, as all her other remarks, to be received with great caution. Where she obtained her information I know very well, and certain it is that she has been most egregiously deceived. An American critic observes very truly:—
“It is the misfortune of professed book writers, when they arrive in the United States, to fall into the hands of certain cliques in our principal cities and town, who make themselves the medium of interpretation—their own modes of life, the representation of those of theéliteof the country; their own opinions, the infallible criterion by which all others must be estimated. They surround the traveller with an atmosphere of their own, and hope to shine through it on the future pages of the grateful guest.
“This accounts satisfactorily for many things which are to be found in Miss Martineau’s work, for her numerous misapprehensions as to the character, taste, and occupations of the American women.
“She evidently mistakes the character of our merchants, and does our literature but meagre justice. To hold up some obscure publications from the pens of mere literary adventurers as the best works she has seen, and at the same time pronounce Mr Cooper’s much regretted failure, is a stretch of boldness, quite unwarranted by anything Miss Martineau has yet achieved in the republic of letters.”
Such was really the case; Miss Martineau fell into what was termed the Stockbridge clique, and pinned her faith upon the oracles which they poured into her ears. She says that in America, Hannah More is best known; on the contrary, Hannah More is hardly known in the United States.
She says that Wordsworth is much read. Mr Wordsworth has never even in this country been appreciated as he ought to be. In America it may almost be said that he has not been read; and she adds to this, that Byron islittle known; this is really too bold an assertion. Miss Martineau was everywhere in the best society in America; and I believe that in nine drawing-rooms out of ten, she must have seen a copy of Byron lying on the table.
She says Mr Cooper is a failure. With the exception of Washington Irving, there never was an American writer so justly popular in America as Cooper. It is true that latterly he has displeased the majority, by pointing out to them their faults, and that he is notalwaysin a good humour when he writes about England. But to state the author of such works as “The Pilot”, “The Last of the Mohicans”, and “The Prairie”, a failure, is really too absurd. The cause of this remark is said to be that Mr Cooper had a quarrel with Miss Martineau’s particular friend Mr S—. There is only one remark in the whole of her observations which is in itself true. She says Bulwer is much read. Here she is correct: but the cause which she gives for his being so much read, is not the real one. She asserts it is on account of his liberal opinions; it is not on that account, it is from the interest of his stories, and the beauty of his writing.
But the assertion that seemed to me the most strange in Miss Martineau’s work, was, that Mr Carlisle, the author of “Sartor Resartus”, was the most read of any English author. Without intending to depreciate the works of Mr Carlisle, I felt convinced from my own knowledge, that this could not be a fact, for Mr Carlisle’s works are not suited to the Americans. I, therefore, determined to ascertain how far it was correct. I went to the publishers, and inquired how many of Mr Carlisle’s works had been printed. They replied that they had printed one edition of six hundred copies, which they had nearly sold; and were considering whether it would be worth their while to print a second; and in consequence of Miss Martineau’s assertion, that Byron was little known, I applied to the largest publishers in New York and Philadelphia, to ascertain, if I could, how many copies of Byron had been published. The reply was, that it was impossible to say exactly, as there had been so many editions issued, by so many different publishers, but that they considered that from one hundred and fifty to two hundred thousand copies, must have been sold! so much for the accuracy of Miss Martineau. (See Note 1.)
I am afraid, that notwithstanding the eloquent and energetic exertions of the author of “Ion,” we shall never be able to make the public believe that the creations of a man’s brain are his own property, or effect any arrangement with foreign countries, so as to secure a copyright to the English author. As on my arrival in America it was reported in the newspapers that I had come out to ascertain what could be done in that respect, and to follow up the petition of the English authors. The subject was, therefore, constantly introduced and canvassed; and I naturally took an interest in it. Every one almost was for granting it; but, at the same time, every one told me that we should not obtain it.
The petition of the English authors to Congress was warmly espoused by Mr Clay, who invariably leads the van in everything which is liberal and gentlemanlike. A select committee, of which Mr Clay was chairman, was formed to consider upon it, and the following was the result of their inquiry, and a bill was brought in, upon the report of the committee:—
“In Senate of the United States, Feb. 16, 1837.
“Mr Clay made the following report:—
“The select committee to whom was referred the address of certain British and the petition of certain American authors, have, according to order, had the same under consideration, and beg leave now to report:—
“That, by the act of Congress of 1831, being the law now in force regulating copyrights, the benefits of the act are restricted to citizens or residents of the United States; so that no foreigner, residing abroad, can secure a copyright in the United States for any work of which he is the author, however important or valuable it may be. The object of the address and petition, therefore, is to remove this restriction as to British authors, and to allow them to enjoy the benefits of our law.
“That authors and inventors have, according to the practice among civilised nations, a property in the respective productions of their genius is incontestible; and that this property should be protected as effectually as any other property is, by law, follows as a legitimate consequence. Authors and inventors are among the greatest benefactors of mankind. They are often dependent, exclusively, upon their own mental labours for the means of subsistence; and are frequently, from the nature of their pursuits, or the constitutions of their minds, incapable of applying that provident care to worldly affairs which other classes of society are in the habit of bestowing. These considerations give additional strength to their just title to the protection of the law.
“It being established that literary property is entitled to legal protection, it results that this protection ought to be afforded wherever the property is situated. A British merchant brings or transmits to the United States a bale of merchandise, and the moment it comes within the jurisdiction of our laws they throw around it effectual security. But if the work of a British author is brought to the United States, it may be appropriated by any resident here, and republished, without any compensation whatever being made to the author. We should be all shocked if the law tolerated the least invasion of the rights of property, in the case of the merchandise, whilst those which justly belong to the works of authors are exposed to daily violation, without the possibility of their invoking the aid of the laws.
“The committee think that this distinction in the condition of the two descriptions of property is not just; and that it ought to be remedied by some safe and cautious amendment of the law. Already the principle has been adopted in the patent laws, of extending their benefits to foreign inventions and improvements. It is but carrying out the same principle to extend the benefit of our copyright laws to foreign authors. In relation to the subject of Great Britain and France, it will be but a measure of reciprocal justice; for, in both of those countries, our authors may enjoy that protection of their laws for literary property which is denied to their subjects here.
“Entertaining these views, the committee have been anxious to devise some measure which, without too great a disturbance of interests or affecting too seriously arrangements which have grown out of the present state of things, may, without hazard, be subjected to the test of practical experience. Of the works which have heretofore issued from the foreign press, many have already been republished in the United States; others are in a progress of republication, and some probably have been stereotyped. A copyright law which should embrace any of these works, might injuriously affect American publishers, and lead to collision and litigation between them and foreign authors.
“Acting, then, on the principles of prudence and caution, by which the committee have thought it best to be governed, the bill which the committee intend proposing provides that the protection which it secures shall extend to those works only which shall be published after its passage. It is also limited to the subjects of Great Britain and France; among other reasons, because the committee have information that, by their laws, American authors can obtain there protection for their productions; but they have no information that such is the case in any other foreign country. But, in principle, the committee perceive no objection to considering the republic of letters as one great community, and adopting a system of protection for literary property which should be common to all parts of it. The bill also provides that an American edition of the foreign work for which an American copyright has been obtained, shall be published within reasonable time.
“If the bill should pass, its operation in this country would be to leave the public, without any charge for copyright, in the undisturbed possession of all scientific and literary works published prior to its passage—in other words, the great mass of the science and literature of the world; and to entitle the British or French author only to the benefit of every copyright in respect to works which may be published subsequent to the passage of the law.
“The committee cannot anticipate any reasonable or just objection to a measure thus guarded and restricted. It may, indeed, be contended, and it is possible that a new work, when charged with the expense incident to the copyright, may come into the hands of the purchaser at a small advance beyond what would be its price, if there were no such charge; but this is by no means certain. It is, on the contrary, highly probable that, when the American publisher has adequate time to issue carefully an edition of the foreign work, without incurring the extraordinary expense which he now has to sustain to make a hurried publication of it, and to guard himself against dangerous competition, he will be able to bring it into the market as cheaply as if the bill were not to pass. But, if that should not prove to be the case, and if the American reader should have to pay a few cents to compensate the author for composing a work which he is instructed and profited, would it not be just in itself? Has any reader a right to the use, without remuneration, of intellectual productions which have not yet been brought into existence, but lie buried in the mind of genius? The committee think not; and they believe that no American citizen would not feel it quite as unjust, in reference to future publications, to appropriate to himself their use, without any consideration being paid to their foreign proprietors, as he would to take the bale of merchandise, in the case stated, without paying for it; and he would the more readily make this trifling contribution, when it secured to him, instead of the imperfect and slovenly book now often issued, a neat and valuable work, worthy of preservation.
“With respect to the constitutional power to pass the proposed bill, the committee entertain no doubt, and Congress, as before stated, has acted on it. The constitution authorises Congress to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries. There is no limitation of the power to natives or residents of this country. Such a limitation would have been hostile to the object of the power granted. That object was topromotethe progress of science and useful arts. They belong to no particular country, but to mankind generally. And it cannot be doubted that the stimulus which it was intended to give to mind and genius, in other words, the promotion of the progress of science and the arts, will be increased by the motives which the bill offers to the inhabitants of Great Britain and France.
“The committee conclude by asking leave to introduce the bill which accompanies this report.”
Let it not, however, be supposed that Mr Clay was unreported by the American press; on the contrary, a large portion of it espoused the cause of the English author in the most liberal manner, indeed the boon itself, if granted, would in reality be of more advantage to America than to us; as many of them argued. The New York Daily Express observes, “But another great evil resulting from the present law is, that most of the writers of our own country are utterly precluded from advancing our native literature, since they can derive no emolument or compensation for their labours; and it is idle to urge that the devotees of literature, any more than the ingenious artisan or mechanic, can be indifferent to the ultimate advantages which should result alike to both from the diligent use and studious application of their mental energies. We patronise and read the works of foreign writers, but it is at the expense of our own, the books of the English author being procured free of all cost, supersede those which would otherwise be produced by our own countrymen,—thus the foreigner is wronged, while the same wrong acts again as a tariff upon our American author and all this manifest injury is perpetuated without its being qualified by the most remote advantage to any of the parties concerned.”
The Boston Atlas responded to this observation in almost the same language.
“This systematic, legalised depredation on English authors, is perfectly ruinous to all native literature. What writer can devote himself to a literary work, which he must offer on its completion, in competition with a work of the same description, perhaps, furnishingprinted copyto the compositors, and to be had for the expense of a single London copy. What publisher would give its worth for a novel, in manuscript, supposing it to be equal to Bulwer’s best, when he would get a novel of Bulwer himself, for a few shillings—with an English reputation at the back of it? This is the great reason that we have so few works illustrative of our own history—whether of fact or fiction. Our booksellers are supplied for nothing.”
I extract the following from a very excellent article on the subject, in the North American Review.
Another bad consequence of the existing state of things is, that the choice of books, which shall be offered us, is in the wrong hands. Our publishers have, to no small extent, the direction of our reading, inasmuch as they make the selection of books for reprinting. They, of course, will choose those works which will command the readiest and most extensive sale; but it must be remembered, that in so doing, while they answer the demand of the most numerous class of readers, they neglect the wants of the more cultivated and intelligent class. Besides his, there are many admirable works, which might come into general use if they were presented to our reading public, but which are left unnoticed by the publishers, because their success is doubtful. Supposing Abbott’s ‘Young Christian,’ for instance, a book which has had a more extensive circulation than any work of the present times, had been first published in England at the same moment that a good novel appeared, the American publishers would have given us immediately a horrid reprint of the novel; but we should have heard nothing of Abbott’s book, till its success had been abundantly tried abroad; nor even then, if some ephemeral novel had started up which promised to sell better.
“Nor is it certain that the price of books would be seriously augmented by the passage of the copyright law. It must be remembered, that a great number of writers would thus be called into the field at once, English as well as American writers; for, if English authors could enjoy this benefit, they would soon begin to write expressly for America; and the competition would become so great, as to regulate the prices of books to a proper standard. But, even supposing the price to be considerably raised, it would certainly be better to pay two dollars for a handsome volume, which is worth keeping, and worth reading again, than to pay only one dollar for a book, which in five years will be worth no more than the same amount of brown paper. And, finally, there is the consideration of a native literature, which will, we presume, be placed by all reasonable and intelligent persons above that of cheap books.”
Nevertheless, a large portion of the press took up the other side of the question, as may be inferred from a reply which I have inserted in the note beneath. (See note 2.)
The bill brought in was lost. Strange to say, the Southerner voted against, on the grounds that they would not give a copyright to Miss Martineau, to propagate her abolition doctrines in that country—forgetting, that as a copyright would increase the price of a work, it would be the means of checking its circulation, rather than of extending it.
When I arrived at Washington, I thought it would be worth while to ascertain the opinion of any of the members of Congress I might meet; and one fine morning, I put the question to one of the Loco foco delegates; when the following conversation took place:—
“Why, Captain, there is much to be said on this subject. Your authors have petitioned our Congress, I perceive. The petition was read last session.”
(Many of the Americans appeared to be highly gratified at the idea of an English petition having been sent to Congress.)
“I believe it was.”
“Well, now, you see, Captain—you will ask us to let you have your copyright in this country, as you allow our authors their copyright in yours; and I suppose you mean to say that if we do not, that our authors shall have no copyright in your country. We’ll allow that, but still I consider you ask too much, as the balance is on our side most considerably. Your authors are very numerous—ours are not. It is very true, that you can steal our copyrights, as well as we can yours. But if you steal ten, we steal a hundred. Don’t you perceive that you ask us to give up the advantage?”
“Oh, certainly,” replied I, “I have nothing more to say on the subject. I’m only glad of one thing.”
“And what may that be, Captain?”
“That I did not sign the petition.”
“No, we observed that your name was not down, which rather surprised us.”
To this cogent argument of the honourable member, I had no reply; and this was the first and last time that I broached the subject when at Washington; but after many conversations with American gentleman on the subject, and examination into the real merits of the case, came to the conclusion, that the English authors never would obtain a copyright in the United States, and as long as the present party are in power.
Their principal argument raised against the copyright, is as follows:—
“It is only by the enlightening and education of the people, that we can expect our institutions to hold together. You ask us to tax ourselves, to check the circulation of cheap literature, so essential to our welfare for the benefit of a few English authors? Are the interests of thirteen millions of people to be sacrificed? the foundation of our government and institutions to be shaken for such trivial advantages as would be derived by a few foreign authors. Your claim has the show of justice we admit, but when the sacrifice to justice must be attended with such serious consequences, must we not adhere to expediency?”
Now, it so happens that the very reverse of this argument has always proved to be the case from the denial of copyright. The enlightening of a people can only be produced by their hearing the truth, which they cannot, and do not, under existing regulations, receive from their own authors, as I have already pointed out; and the effects of their refusal of the copyright to English authors, is, that the American publishers will only send forth such works as are likely to have an immediate sale, such as the novels of the day, which may be said at present to comprise nearly the whole of American rending. Such works as might enlighten the Americans are not so rapidly saleable as to induce an American publisher to risk publishing when there is such competition. What is the consequence that the Americans are amused, but not instructed or enlightened?
According to the present system of publication in America, the grant of copyright would prove to be of advantage only to a few authors—of course, I refer to the most popular. I had free admission to the books of one of the largest publishing houses in the United States, and I extracted from them the profits received by this house for works of a certain reputation. It will be perceived, that the editions published are not large. The profits of the American houses chiefly resulting from the number of works published, each of these yielding a moderate profit, which when collected together, swell into a large sum total.
Now, as there are one hundred cents to a dollar, and the expenses of printing, paper, and advertising have to be deducted, as well as the copies left on hand, it will be evident, that the profit on each of the above works, would be too small to allow the publishers in America to give even 20 pounds for the copyright, the consequence of a copyright would therefore be, that the major portion of the works printed would not be published at all, and better works would be substituted. Of course, such authors as Walter Scott, Byron, Bulwer, etcetera, have a most extensive sale; and the profits are in proportion, but then it must be remembered that a great many booksellers publish editions, and the profits are divided accordingly. Could Sir Walter Scott have obtained a copyright in the United States, it would have bean worth to him by this time at least 100,000 pounds.
The Americans talk so much about their being the most enlightened nation in the world, that it has been generally received to be the case. I have already stated my ideas on this subject, and I think that the small editions usually published, of works not standard or elementary, prove, that with the exception of newspapers, they are not areadingnation. The fact is, they have no time to read; they are all at work; and if they get through their daily newspaper, is quite as much as most of them can effect. Previous to my arrival in the United States, and even for some time afterwards, I had an idea that there was a much larger circulation of every class of writing in America, than there really is. It is only the most popular English authors, as Walter Scott, or the most fashionable, as Byron, which have any extensive circulation; the works which at present the Americans like best, are those of fiction in which there is anything to excite or amuse them, which is very natural, considering how actively they are employed during the major portion of their existence, and the consequent necessity of occasional relaxation. When we consider the extreme cheapness of books in the United States, and the enormous price of them in this country, the facilities of reading them there, and the difficulty attending it here from the above cause, I have no hesitation in saying, that as areading nation, the United States cannot enter into comparison with us.
As I am upon this subject, I cannot refrain from making a few remarks upon it, as connected with this country. The price of a book now published is enormous, when the prime cost of paper and printing is considered; the actual value of each three volumes of a moderate edition, which are sold at a guinea and a half, being about four shillings and sixpence, and when the edition is large, as the outlay for putting up the type is the same in both, of course it is even less; but the author must be paid, and upon the present small editions he adds considerably to the price charged upon every volume; then comes the expense of advertising, which is very heavy; the profits of the publisher, and the profits of the trade in general; for every book for which the public pay a guinea and a half, is delivered by the publisher to the trade, that is, to the booksellers, at 1 pound 1 shillings 3 pence. The allowance to the trade, therefore, is the heaviest tax of all; but it is impossible for booksellers to keep establishments, clerks, etcetera, without having indemnification. In all the above items, which so swells up the price of the book, there cannot well be any deduction made.
Let us examine into the division of profits. I am only making an approximation, but it is quite near enough for the purpose.
An edition of 1,000 copies at 1 pound 11 shillings 6 pence will give 1,575 pounds.
Trade allowance of 10 shillings. 3 pence per copy: 512 pounds 10 shillings.
Extra allowance. 25 for 24-40 copies: 63 pounds.
Printing and paper, 4 shillings 6 pence per copy: 225 pounds 0 shillings.
Advertising, equal to 2 shillings per copy: 100 pounds 0 shillings.
Presentations to Universities and Reviewers, say 30 copies: 47 pounds 5 shillings.
The author if he is well known, may be said to receive 7 shillings per copy: 250 pounds 0 shillings.
Leaving for the publisher: 277 pounds 0 shillings.
Total 1,575 pounds 0 shillings.
All the first expenses being positive, it follows that the struggle is between the publisher and the author, as to what division shall be made of the remainder. The publisher points out the risk he incurs, and the author his time and necessities; and when it is considered that many authors take more than a year to write a book, it must be acknowledged that the sum paid to them, as I have put it down, is not too great. The risk, however, is with the publisher, and the great profits with the trade, which is perhaps the reason why booksellers often make fortunes, and publishers as often become bankrupts. Generally speaking, however, the two are combined, the sure gain of the bookseller being as a set off against the speculation of the publisher.
But one thing is certain, the price of books in this country is much too high, and what are the consequences? First, that instead of purchasing books, and putting them into their libraries, people have now formed themselves into societies and book-clubs, or trust entirely to obtaining them from circulating libraries. Without a book is very popular, it is known by the publisher what the sale is likely to be, within perhaps fifty copies; for the book-clubs and libraries will, and must have it, and hardly anybody else will; for who will pay a guinea and a half for a book which may, after all, prove not worth reading! Secondly, it has the effect of the works being reprinted abroad, and sent over to this country; which, of course, decreases the sale of the English edition. At the Custom-House, they now admit English works printed in Paris, at a small duty, when brought over in a person’s luggage for private reading; and these foreign editions are smuggled, and are to be openly purchased at most of the towns along the coast. This cannot be prevented—and as for any international copyright being granted by France or Belgium, I do not think that it ever will be; and if it were, it would be of no avail, for the pirating would then be carried on a little further off in the small German States; and if you drove it to China, it would take place there. We are running after a Will-o’-the-wisp in that expectation. The fault lies in ourselves; the books are too dear, and the question now is, cannot they be made cheaper?
There is a luxury in printing, to which the English have been so long accustomed, that it would not do to deprive them of it. Besides, bad paper and bad type would make but little difference in the expense of the book, as my calculation will show; but if a three volume work (see Note 3) could be delivered to the public at ten shillings, instead of a guinea and a half, it would not only put a stop to piracy abroad, but the reduced price would induce many hundreds to put it into their library, and be independent of the hurried reading against time, and often against inclination, to which they are subject by book-clubs and circulating libraries; and that this is not the case, is the fault of the public itself, and not of the author, publisher, or any other party.
It is evident that the only way by which books may be made cheap, is by an extended sale—and “Nicholas Nickleby”, and other works of that description, have proved that a cheap work will have an extended sale—always provided it is a really good one.
But it is impossible to break through the present arrangements which confine the sale of books, unless the public themselves will take it in hand—if they choose to exert themselves, the low prices may be firmly established with equal benefit to all parties, and with an immense increase in the consumption of paper. To prove that any attempt on the part of an author or publisher will not succeed unaided, it was but a few months ago, that Mr Bentley made the trial, and published the three volumes at one guinea; but he did not sell one copy more—the clubs and libraries took the usual number, and he was compelled to raise his price. The rapid sale of the Standard Novels, which have been read over and over again, when published at the price of five shillings, is another proof that the public has no objection to purchase when the price is within its means.
I can see but one way by which this great desideratum is to be effected; which is, by the public insuring by subscription any publisher or bookseller from loss, provided he delivers the works at the reduced price. At present, one copy of a book may be said to serve for thirty people at least; but say that it serves for ten, or rather say that you could obtain five thousand, or even a less number, of people to put down their names as subscribers to all new works written by certain named authors, which should be published at the reduced price of ten shillings per copy. Let us see the result.
A ten shilling work under such auspices would be delivered to the trade at eight shillings.
The value of the five thousand copies to the publisher would be 2,000 shillings 0 shillings.
The expenses of printing and paper would be reduced to about 3 shillings a copy, which would be 750 pounds.
Advertising, as before, 100 pounds.
Extra 1 shilling 3 pence, 4 shillings, 5 shillings, about 16 pounds, subtotal 866 pounds.
Leaving a profit for author and publisher of 1,134 pounds 0 shillings.
Whereas, in the printing of a thousand copies, the profits of author 350 pounds, and of publisher 277 pounds 5 shillings, equalled only 627 pounds 5 shillings.
Extra profit to author and publisher 506 pounds 15 shillings.
Here the public would gain, the author would gain, and the publisher would gain; nor would any party lose; the profits of the trade would not be quite so great, being 500 pounds, instead of 575 pounds; but it must be remembered, that there are many who, not being subscribers, would purchase the book as soon as they found that it was approved of—indeed, there is no saying to what extent the sale might prove to be.
If any one publisher sold books at this price, the effect would be of reducing the price of all publications, for either the authors must apply to the cheap publisher, or the other publishers sell at the same rate, or they would not sell at all. Book-clubs and circulating libraries would then rapidly break up, and we should obtain the great desideratum of cheap literature.
And now that I have made my statement, what will be the consequence? Why, people will say, “that’s all very well, all very true”—and nobody will take the trouble—the consequence is, that the public will go on, paying through the nose as before—and if so, let it not grumble; as it has no one to thank but itself for it. (See Note 4.)
The paper and printing in America is, generally speaking, so very inferior, that the books are really not worth binding, and are torn up or thrown away after they are read—not that they cannot print well; for at Boston particularly they turn out very excellent workmanship. Mr Prescott’s “Ferdinand and Isabella”, is a very good specimen, and so are many of the Bibles and Prayer books. In consequence of their own bad printing, and the tax upon English books, there are very few libraries in America: and in this point, the American government should make some alteration, as it will be beneficial to both countries. The English editions, if sent over, would not interfere with the sale of their cheap editions, and it would enable the American gentlemen to collect libraries. The duty, at present, is twenty-six cents per pound, on books in boards, and thirty cents upon bound-books.
Now, with the exception of school books, upon which the duty should be retained, this duty should be very much reduced.
At present, all books published prior to 1775, are admitted upon a reduced duty of five cents. This date should be extended to 1810, or 1815, and illustrated works should also be admitted upon the reduced duty. It would be a bonus to the Americans who wish to have libraries, and some advantage to the English booksellers.
I cannot dismiss this subject without pointing out a most dishonest practice, which has latterly been resorted to in the United States, and which a copyright only, I am afraid, can prevent the continuance of. Works which have become standard authority in England, on account of the purity of their Christian principles, are republished in America with whole pages altered, advantage being taken of the great reputation of the orthodox writers, to disseminate Unitarian and Socinian principles. A friend of mine, residing in Halifax, Nova Scotia, sent to a religious book society at New York for a number of works, as presents to the children attending the Sunday school. He did not examine them, having before read the works in England, and well knowing what ought to have been the contents of each.
To his surprise, the parents came to him a few days afterwards to return the books, stating that they presumed that he could not be aware of the nature of their contents; and on examination, he found that he had been circulating Unitarian principles among the children, instead of those which he had wished to inculcate. (See Note 5.)
The press of America, as I have described it, is all powerful; but still it must be borne in mind, that it is but the slave of the majority; which, in its turn, it dare not oppose.
Such is its tyranny, that it is the dread of the whole community. No one can—no one dare—oppose it; whosoever falls under its displeasure, be he as innocent and as pure as man can be, his doom is sealed. But this power is only delegated by the will of the majority, for let any author in America oppose that will, and he is denounced. You must drink, you must write, not according to your own opinions, or your own thoughts, but as the majority will. (See Note 6.)
Mr Tocqueville observes, “I know no country in which there is so little true independence of mind, and freedom of discussion, as in America.”
Note 1. Miss Martineau talks of Dr Follett as one of the greatest men in America. I was surprised at this, as I never heard of his name, so I inquired—“Who is Dr Follett?”—“I don’t know.”—“Do you know Dr Follett?”—“Never heard of him.”—“Do you?”—“No.” I asked so many people that at last I became quite tired; at last I found a man who knew him, his answer was—“Oh, yes; he’s anAbolitionist!” As the American critic justly observes, “He shines in the future pages of his grateful guest.”
Note 2. The International Copyright Question.
One of the most important questions, upon principle, that ever was mooted, has for some time placed in juxtaposition the various editors of the corps critical, accordingly as their interests or feelings have been worked upon. Our chief object in these remarks is to hold up to the scorn and derision that it richly merits the assumption of an editor, that an author has no right to the emanations of his own mind—to the productions of his own pen. We do not mean to answer the many and gross absurdities—which this talented gentleman’s sophistry has palmed upon the public,—it would be a work of supererogation, inasmuch as his ‘airy vision’ has already been completely ‘dissolved’ by the breath of that eminent gentleman, well known to us, who has so completely annihilated the wrong which he is so anxious to continue. But the shameful assumption that a writer, universally allowed to be the worst paid artist in creation, should not have—is not entitled to have, by every principle—of courtesy and honour, a sole and undivided right to, and in, his own productions—is so monstrous, that every editor imbued with those feelings, which through life, should be the rule of his conduct, is in duty bound to come forward and express his dissent from such a doctrine, and his abhorrence of a principle so flagitious.
“We avail ourselves of the opportunity this number affords of upholding the poor author’s right, of censuring the greedy spoliation of publishing tribe, who would live, batten, and fatten upon the despoiled labours of those whom their piracy starves—snatching the scanty crust from their needy mouths to pamper their own insatiate maws.
“This matter lies between the publisher and the author. The author claims a right to his own productions, wherever they may be. The publishers, like the Cornwall wreckers, say no, the moment your labours touch our fatal shore they are ours; you have no right to them, no title in them. Good heavens! shall such a cruel despoliation be permitted! The publishers, with consummate cunning, turn to the public, and virtually say, support us in our theft, and we will share the spoil with you; we will give you standard works at a price immeasurably below their value. As well might a thief, brought before the honest and worthy recorder say: If your honour will wink at the crime, you will make me a public benefactor, for whilst I rob one man of an hundred watches, I can sell them to an hundred persons for one-third of their prime cost; and thus injure one and benefit a hundred, you shall have one very cheap. What would this recorder say? He would say, the crime is apparent, and I spurn with indignation and contempt your offer to part with to me that which is not your own. And should not this be the reply of the public to the publishers? Yes, and it will be too. And the vampires who have so long lived upon the spirits of authors, will have tax their own to yield themselves support.”
Note 3. I ought here to remark, that the authors are much injured by the present system. It having been satisfactorily proved, that a three-volume work is the only one that can be published at the minimum of expense, and the magnum of profits, no publisher likes to publish any other. There is the same expense in advertising, etcetera, a two volume, or a one octavo book, as a three. The author, therefore, has to spin out to three volumes, whether he has matter or not; and that is the reason why the second volume, like the fourth act of a five act play, is, generally speaking, so very heavy. Publishers, now-a-days, measure works with a foot-rule, as the critic did in Sterne.
Note 4. The members of the peerage and baronetage of Great Britain, the members of the untitled aristocracy—the staff officers of the army and navy—the members of the different clubs—are each of them sufficiently numerous to effect this object; and if any subscription was opened, it could not fail of being filled up.
Note 5. One of those works was Abbot’s ‘Young Christian’, or some other work by that author.
Note 6. Indeed, one cannot help being reminded of what Beaumarchais makes Figaro say upon the liberty of the press in another country. “On me dit que pendant ma retraite économique il s’est établi dans Madrid un système de liberté sur la vente des productions, qui s’étend même a celles de la presse; et, pourvu que je parle dans mes écrits, ni de l’autorité, ni du culte, ni de la politique, ni de la morale, ni des gens en place, ni des corps en crédit, ni de l’opéra, ni des autres spectacles, ni de personne qui tient a quelque chose, je puis tout imprimerlibrement; sous l’inspection dedeux ou trois censeurs.”