In the first place: Eminent poets appear to me to be a class of men, who less than any others stand in need of such marks of distinction; and hence I infer, that this mode of acknowledging their merits is one for which they would not, in general, be themselves solicitous. Burns did, indeed, erect a monument to Fergusson; but I apprehend his gratitude took this course because he felt that Fergusson had been prematurely cut off, and that his fame bore no proportion to his deserts. In neither of these particulars can the fate of Burns justly be said to resemble that of his predecessor: his years were indeed few, but numerous enough to allow him to spread his name far and wide, and to take permanent root in the affections of his countrymen; in short, he has raised for himself a monument so conspicuous, and of such imperishable materials, as to render a local fabric of stone superfluous, and, therefore, comparatively insignificant.
But why, if this be granted, should not his fond admirers be permitted to indulge their feelings, and at the same time to embellish the metropolis of Scotland? If this may be justly objected to, and in my opinion it may, it is because the showy tributes to genius are apt to draw off attention from those efforts by which the interests of literature might be substantially promoted; and to exhaust public spirit in comparatively unprofitable exertions, when the wrongs of literary men are crying out for redress on all sides. It appears to me, that towards no class of his Majesty’s subjects are the laws so unjust and oppressive. The attention of Parliament has lately been directed, by petition, to the exaction of copies of newly published works for certain libraries; but this is a trifling evil compared with the restrictions imposed upon the duration of copyright, which, in respect to works profound in philosophy, or elevated, abstracted, and refined in imagination, is tantamount almost to an exclusion of the author from all pecuniary recompence; and, even where works of imagination and manners are so constituted as to be adapted to immediate demand, as is the case of those of Burns, justly may it be asked, what reason can be assigned that an author who dies young should have the prospect before him of his children being left to languish in poverty and dependence, while booksellers are revelling in luxury upon gains derived from works which are the delight of many nations.
This subject might be carried much further, and we might ask, if the course of things insured immediate wealth, and accompanying rank and honours—honours and wealth often entailed on their families to men distinguished in the other learned professions,—why the laws should interfere to take away those pecuniary emoluments which are the natural inheritance of the posterity of authors, whose pursuits, if directed by genius and sustained by industry, yield in importance to none in which the members of a community can be engaged?