With regard to the first argument, we have only to observe that, the question having been decided in contradiction to Mr. Britton's view of it, by the solemn authority from which we are accustomed to receive the declaration of the law, we must be allowed to doubt whether any good can result to the side which this author espouses by an attempt to arraign the legality of that judgment. Indeed, it does not appear altogether consistent with the avowed object of the pamphlet, which is to support an application to Parliament for a legislative alteration of the law, to begin by concluding that the law is already in favour of the applicants. We deem it necessary to record our opinion on this point, if it were only to prevent our general concurrence in the objects proposed from being construed into a disposition to impeach the judicial determination which has occasioned the necessity of seeking relief from the legislature; and we cannot even refrain from expressing a hope that those, who advocate the cause in Parliament, may abstain from the adoption of that line of argument, since it might, even if urged with conviction, give occasion to the answer that, as the petitioners are convinced that the law is already in their favour, they have shewn no ground for the interference of Parliament. Besides, however, this motive for disagreeing with Mr. B., we confess that his reasoning on the law does not appear to us to be successful. The whole turns on the exposition of the statute 8 Anne, c. 19., the first section of which vests the sole right of printing and publishing for fourteen years in authors and their assignees, under severe penalties. The second section declares that those penalties shall not attach for the piracy of any book, unless that book has been entered in the register of the Stationers' Company. The 5th section is in these words: "Provided always that nine copies of each book, on the best paper, that shall be printed and published as aforesaid, shall be delivered to the warehouse-keeper of the Stationers' Company for the use of the Royal Library, the Universities of Oxford and Cambridge, the libraries of the four Universities in Scotland, the library of Sion College, and that of the Faculty of Advocates in Scotland." Now, say the advocates on one side, the words" as aforesaid" necessarily refer to the second section, and confine the donation therefore to books entered and registered as there directed: but to this construction a decisive objection may be made; because, as the first section, and the fourth also, relate to the printing and publishing of books, the words of reference "as aforesaid" do not of necessity include the second: nay, farther, the preceding words manifestly exclude it, because the prior sections, having spoken distinctly of two things, viz. the printing and publishing as one, and the registering 8 registering as another, the words "printed and published as aforesaid," in the 5th clause, instead of "printed, published, and registered, as aforesaid," shew that the 5th clause was not intended to comprehend or refer to the provisions of the second. Though, however, we do not coincide in Mr. Britton's interpretation of the law, we concur in his view of the detrimental consequences of that law, which forms the second part of his argument. Here it appears to us quite immaterial whether the reasoning be founded on an injury to authors or an injury to booksellers, provided that the facts adduced establish that an injury will certainly result to either one or the other for whatever operates as a drawback to publication must prejudice the general interests of literature. That the law, as it now stands, will have that effect seems to us to be satisfactorily established. It is true, indeed, that, with regard to common and low-priced books, the abstraction of eleven copies may be an insignificant object: but, in the present state of science, it is well known that many of the most valuable works on the arts, natural history, botany, and anatomy, owe a great part of their scientific value to the plates by which they are accompanied; and that, of expensive works of this class, a smaller number is usually printed than of the others: so that the defalcation of eleven copies is no inconsiderable tax on the proprietors of them. We have not space to enter minutely into the detail of facts by which the present author's conclusions are supported: but we cannot omit to notice one, as affording a brief and cogent proof of the real and serious effects with which this tax operates on those who are at least the necessary channels of literature and science, viz. the publishing booksellers. It appears, from the minutes of evidence laid before the House of Commons, that the expence would have been to Messrs. Longman and Co., on an average of the last three years, at the rate of 1800l. per ann.: - to Messrs. White, Cochrane, and Co. 52891. for the last twelve years, on the folios and quartos alone; and to Messrs. Cadell and Davies, for the last four years, 13621. of the small-paper-copies alone, while on the books now announced by them the tax would amount to 1000l. Surely, we are not now in a state of society which requires any argument to be used in proving the importance and policy of protecting the interests of literature. On that subject, no difference of sentiment is at least professed. We conceive, therefore, that, in the discussion of the question in Parliament, now about to take place, regarding the propriety of modifying the law as it is at present, it will only be necessary to establish that that the regulation is really a severe and unfair tax on the sale of literary publications. This proof must be founded on matter of fact, and plain statements of profit and loss; which are much more deserving of reliance than any declamatory reasoning on either side. Among the facts mentioned by Mr. Britton, we notice one which we do not recollect to have before seen introduced. It has been taken for granted that, when any part of an impression remained unsold, the subtraction of 11 copies is in fact no loss: but Mr. Britton observes that, by a custom among the trade, not generally known, trade-sales are formed, in which all the copies remaining in the publisher's hands are disposed of to individuals of the profession for one half or one third of the selling prices, but almost always for more than the prime cost. Suppose, then, out of an edition of 500 copies 200 remain in the warehouse unsold; now if 11 were delivered at the first publication of the work, is it not clear that, in making up the accounts at a trade-sale of these 200, they must be charged with the original or trade-sale-price of the eleven?' It would be impossible, in the limits which we are enabled to allot to this article, to go through all the facts stated, in order to demonstrate the justice of the complaint made by authors and publishers against the claim in question. Suffice it to say, we have little doubt that they will convince every impartial inquirer that the object of the law, as it exists at present, however laudable, ought to be consulted by some means less repugnant to justice, and less detrimental to literature, than those which the enactment prescribes. MONTHLY CATALOGU E, For APRIL, 1814. POETRY. Art. 9. Carmen Triumphale, for the Commencement of the Year 1814. By Robert Southey, Esq., Poet-Laureat. 4to. 3s. 6d. Longman and Co. What a splendid æra is the present, for Great Britain! Never before did she stand on so proud an eminence in the estimation of the world; never was she so decidedly the arbitress of the fate of nations! Mr. Southey, having commenced his career of poet-laureat at a period so sublimely auspicious, and not being obliged to compose the usual New-Year's ode for recitation, is more than justified in expanding into a Carmen Triumphale. To say the truth, he could not otherwise have so well expressed his own feelings as a warra patriot; nor have played up to the feelings of his readers. The poet-laureat of 1814 would have been unworthy of his office, had he not not been animated by a glowing enthusiasm in decorating with poetic laurels the brows of our illustrious heroes, who, by their skill and valour, have foiled the ambitious projects of a daring enemy; in congratulating Europe on the happy changes which have taken place in consequence of our generous interposition; and in depicting the bright prospects which are now opening before us. We will not say that it is impossible for a poet to have produced any composition better adapted to the circumstances of this wonderful year, than the present Carmen Triumphale: but, in justice to Mr. Southey, we shall bear an unqualified testimony to his patriotic zeal and poetic energy, which glow from the opening to the conclusion of his ode. The burden of his song being Glory to God! Deliverance to Mankind!' he assumes the privilege of pious composers, by introducing the language of holy Scripture into his verse; and, on this exulting occa sion, perhaps he may be fairly allowed the use of some expressions from David's Psalms: but we must protest against the allusion in stanza XVI. to Ezekiel's" valley of dry bones," since it has an effect rather ludicrous than grand. The series of victories obtained by our arms, in the Peninsula, under the able guidance of our illustrious General, whom Mr. S. uniformly calls The Wellesley, occupies a conspicuous portion in this Carmen. He considers Germany, Russia, and the nations of the North, to have caught from us their spirit of resistance to unprincipled aggression; and, in the second and third stanzas, he has well depicted our firmness in the contest even when standing alone: • Wake, lute and harp! My soul take up the strain ! Against leagued Europe all in arms array'd, Thy hope in Heaven and in thine own right hand. Thy generous counsels now their guerdon find,.. Dread was the strife, for mighty was the foe By force or fraud in monstrous league combined. Britain stood firm and braved his power; Alone she fought the battles of mankind.' The steady perseverance and undaunted spirit of the Spaniards in resisting the wicked and merciless invaders of their country, are next displayed: • Patient • Patient of loss, profuse of life, What tho' the Tyrant, drunk with power, Turning his eye from Iberia to the Northern powers, the Laureat thus pours forth his exulting strains: "From Spain the living spark went forth: No longer let that free, that mighty mind, Glory to God! Deliverance for Mankind!' As pax queritur bello, the song of triumph for victories generally ends with an address to Peace, and a picture of the blessedness of her |