of his books will find in them no contribution to
positive knowledge. The works of men who make
contributions of that kind are necessarily controversial
and distasteful to the reader; for which reason they
find few readers, and never pay their authors.
Turn now to our own authors, Prescott and Bancroft,
who have furnished us with historical works of so
great excellence, and you will find a state of things
precisely similar. They have taken a large quantity
of materials out of the common stock, in which you,
and I, and all of us have an interest; and those materials
they have so reclothed as to render them attractive
of purchasers; but this is all they have done.
Look to Mr. Webster’s works, and you will find
it the same. He was a great reader. He studied
the Constitution carefully, with a view to understand
what were the views of its authors, and those views
he reproduced in different and more attractive clothing,
and there his work ended. He never pretended,
as I think, to furnish the world with any new ideas;
and if he had done so, he could have claimed no property
in them. Few now read the heavy volumes containing
the speeches of Fox and Pitt. They did nothing
but reproduce ideas that were common property, and
in such clothing as answered the purposes of the moment.
Sir Robert Peel did the same. The world would
now be just as wise had he never lived, for he made
no contribution to the general stock of knowledge.
The great work of Chancellor Kent is, to use the words
of Judge Story, “but a new combination and arrangement
of old materials, in which the skill and judgment
of the author in the selection and exposition, and
accurate use of those materials, constitute the basis
of his reputation, as well as of his copyright.”
The world at large is the owner of all the facts that
have been collected, and of all the ideas that have
been deduced from them, and its right in them is precisely
the same that the planter has in the bale of cotton
that has been raised on his plantation; and the course
of proceeding of both has, thus far, been precisely
similar; whence I am induced to infer that, in both
cases, right has been done. When the planter
hands his cotton to the spinner and the weaver, he
does not say, “Take this and convert it into
cloth, and keep the cloth;” but he does say,
“Spin and weave this cotton, and for so doing
you shall have such interest in the cloth as will give
you a fair compensation for your labor and skill,
but, when that shall have been paid, the cloth
will be mine.” This latter is precisely
what society, the owner of facts and ideas, says to
the author: “Take these raw materials that
have been collected, put them together, and clothe
them after your own fashion, and for a given time
we will agree that nobody else shall present them
in the same dress. During that time you may exhibit
them for your own profit, but at the end of that period
the clothing will become common property, as the body
now is. It is to the contributions of your predecessors
to our common stock that you are indebted for the
power to make your book, and we require you, in your
turn, to contribute towards the augmentation of the
stock that is to be used by your successors.”
This is justice, and to grant more than this would
be injustice.