But it may be inexpedient that there shall be such a law. It may be considered well that, as the influx of English books into America is much greater than the influx of American books back to England, the right of obtaining such books for nothing should be reserved, although the country in doing so robs its own authors of the advantage which should accrue to them from the English market. It might perhaps be thought anything but smart to surrender such an advantage by the passing of an international copyright bill. There are not many trades in which the tradesman can get the chief of his goods for nothing; and it may be thought that the advantage arising to the States from such an arrangement of circumstances should not be abandoned. But how then about the justice? It would seem that the less said upon that subject the better. I have heard no one say that an author's property in his own works should not, in accordance with justice, be insured to him in the one country as well as in the other. I have seen no defense of the present position of affairs, on the score of justice. The price of books would be enhanced by an international copyright law, and it is well that books should be cheap. That is the only argument used. So would mutton be cheap if it could be taken out of a butcher's shop for nothing.
But I absolutely deny the expediency of the present position of the subject, looking simply to the material advantage of the American people in the matter, and throwing aside altogether that question of justice. I must here, however, explain that I bring no charge whatsoever against the American publishers. The English author is a victim in their hands, but it is by no means their fault that he is so. As a rule, they are willing to pay something for the works of popular English writers; but in arranging as to what payments they can make, they must of course bear in mind the fact that they have no exclusive right whatsoever in the things which they purchase. It is natural also that they should bear in mind, when making their purchases and arranging their prices, that they can have the very thing they are buying without any payment at all, if the price asked do not suit them. It is not of the publishers that I complain, or of any advantage which they take, but of the legislators of the country, and of the advantage which accrues, or is thought by them to accrue, to the American people from the absence of an international copyright law. It is mean on their part to take such advantage if it existed; and it is foolish in them to suppose that any such advantage can accrue. The absence of any law of copyright no doubt gives to the American publisher the power of reprinting the works of English authors without paying for them, seeing that the English author is undefended. But the American publisher who brings out such a reprint is equally undefended in his property; when he shall have produced his book, his rival in the next street may immediately reprint it from him, and destroy the value of his property by underselling him. It is probable that the first American publisher will have made some payment to the English author for the privilege of publishing the book honestly, of publishing it without recurrence to piracy; and in arranging his price with his customers he will be of course obliged to debit the book with the amount so paid. If the author receive ten cents a copy on every copy sold, the publisher must add that ten cents to the price he charges. But he cannot do this with security, because the book can be immediately reprinted and sold without any such addition to the price. The only security which the American publisher has against the injury which may be so done to him is the power of doing other injury in return. The men who stand high in the trade, and who are powerful because of the largeness of their dealings, can, in a certain measure, secure themselves in this way. Such a firm would have the power of crushing a small tradesman who should interfere with him. But if the large firm commits any such act of injustice, the little men in the trade have no power of setting themselves right by counter-injustice. I need hardly point out what must be the effect of such a state of things upon the whole publishing trade; nor need I say more to prove that some law which shall regulate property in foreign copyrights would be as expedient with reference to America as it would be just toward England. But the wrong done by America to herself does not rest here. It is true that more English books are read in the States than American books in England, but it is equally true that the literature of America is daily gaining readers among us. That injury to which English authors are subjected from the want of protection in the States, American authors suffer from the want of protection here. One can hardly believe that the legislators of the States would willingly place the brightest of their own fellow-countrymen in this position, because, in the event of a copyright bill being passed, the balance of advantage would seem to accrue to England.
Of the literature of the United States, speaking of literature in its ordinary sense, I do not know that I need say much more. Iregard the literature of a country as its highest produce, believing it to be more powerful in its general effect, and more beneficial in its results, than either statesmanship, professional ability, religious teaching, or commerce. And in no part of its national career have the United States been so successful as in this. I need hardly explain that I should commit a monstrous injustice were I to make a comparison in this matter between England and America.