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.11
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 good whipping, and then he publishes his “Naval History,” and soft sawders them. 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 the war of eighteen hundred and twelve crushed 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 of self defence, and not of unpardonable 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 the élite of 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 is little 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 not always in 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.12
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 to promote the 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, furnishing printed copy to 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.13
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.