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Or S, and Politicians Theques for an Anglo- American Copyright Agreement 1815­

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Or S, and Politicians Theques for an Anglo- American Copyright Agreement 1815­ or s, and Politicians TheQues for an Anglo- American Copyright Agreement 1815­ by James J. Barnes Authors, Publishers and Politicians The quest for an Anglo-American copyright agreement was repeatedly thwarted through­ out most of the nineteenth century, due to the effect of lobbyists and influence-peddlars on the American Congress. This meant that in the United States the question of international copyright was not decided on its own merits but rather by pressure groups who wielded great financial and private power upon the legislators. The opposite was true in Great Britain, where Parliament was far more interested in the rights of authors and publishers and had already passed a number of statutes promoting international copyright. Copyright agree­ ments, however, needed to be mutually agreed upon by both countries, and the United States would not reciprocate. In desperation, a group of British authors and publishers decided to play the game of politics American-style, and with great caution they raised enough money to defray the expenses of a secret lobby in Washington. A copyright treaty was duly signed by the Secretary of State and all that was required was Senate approval. Authors, Publishers and Politicians describes these efforts to secure an Anglo-American copyright agreement. It explores the under­ lying causes of the failure of this quest, a failure which enabled literary pirates on both sides of the Atlantic to continue operations for a further forty years. It traces the effects this had on the writers and producers of books as well as their reading public. Few aspects of Anglo-American relations were untouched by the drama presented in this study. Its broader implications range from straightforward busi­ ness transactions, official diplomatic ma­ noeuvres, endless legal complexities, and clandestine political intrigue, to the peculiari­ ties involved in book smuggling, newspaper rivalries and industrial espionage. $13.00 AUTHORS, PUBLISHERS AND POLITICIANS AUTHORS, PUBLISHERS AND POLITICIANS THE QUEST FOR AN ANGLO-AMERICAN COPYRIGHT AGREEMENT 1815-1854 James J. Barnes OHIO STATE UNIVERSITY PRESS Columbus Copyright ©1974 by James J. Barnes All rights reserved. Library of Congress Cataloging in Publication Data Barnes, James J Authors, publishers, and politicians. 1. Copyright, International. 2. Copyright—United States—History. 3. Copyright—Great Britain—History. I. Title Law 346.04&2 74-12489 ISBN 0-8142-0210-1 Printed in Great Britain by The Camelot Press Ltd, Southampton To J. C. B. and G. P. B. CONTENTS Preface ix Acknowledgments xi I The Depression of 1837-43 and its Implications for the American Book Trade 1 II British Periodicals in America 30 III Copyright In and Out of Congress, 1815-42 49 VI Further Efforts to Influence the American Congress, 1842-51 75 V The Impact of Foreign Reprints on the Domestic British Book Trade 95 VI Efforts to Influence Parliament, 1838-44 116 VII The Canadian Market 138 VIII The British Law Courts: A Possible Remedy for the Absence of International Copyright 153 IX American Lobbyists in the Early 1850s 177 X The Organization 194 XI Bribery, or the Necessary Expenses of Congressional Action: November 1851-February 1853 216 XII The Need for Senate Ratification: February 1853-June 1854 241 Notes 263 Index 301 PREFACE In 1838 Parliament passed legislation enabling Great Britain to become a party to international copyright agreements, and in the following decades a number of such treaties were signed with European states. However, Americans were suspicious about international copyright and feared that it meant exploitation and domination of their book trade. As a young nation the United States wanted the freedom to borrow literature as well as technology from any quarter of the globe, and it was not until 1891 that Congress finally recognized America's literary independence by authorizing reciprocal copyright agreements with foreign powers. Well before Anglo-American relations were disrupted by the Civil War of 1861-5, a number of authors, publishers, and politicians in both countries emphasized the advantages of copyright between these two English-speaking nations. At times their efforts seemed close to success, reinforced as they were by political intrigue and diplomatic manoeuvres. In 1854 the issue even became the subject of a legal decision before the House of Lords. That same year an Anglo-American copyright treaty already signed by the American Secretary of State and the British Minister in Washington awaited final confirmation by the Senate. This volume deals with why failure attended these many efforts during the years 1815-54. A good deal of attention is also given to describing the ways in which authors and publishers functioned in the absence of an Anglo- American agreement. In the chapters which follow I have taken minor liberties with the spelling and punctuation of quoted passages in the interest of clarity and intelligibility. This in turn serves to remind me how enormously indebted PREFACE I am to those who facilitated my research into previously unpublished materials on both sides of the Atlantic. In the section of Acknowledg­ ments I mention these sources by name, but here I should like to express my deep sense of gratitude to those who helped to finance my undertaking. During the past ten years Wabash College has been most generous in supporting my project in its various phases. I am also greatly indebted to grants from the American Council of Learned Societies, the American Philosophical Society, and the Social Science Research Council. May I also take this opportunity to mention a few of the many indi­ viduals who have sustained me throughout the past decade with advice and encouragement: Mr Simon Nowell-Smith of Oxford; Mr Ronald E. Barker of the Publishers' Association in London ;DrMarjorie Plant, former Deputy Librarian of the London School of Economics and Political Science; Professor Robert K. Webb of Columbia University; Professor Richard D. Altick of Ohio State University. Finally, only those who know something of my working and writing habits can begin to appreciate Patience Barnes's contribution to this project. As wife, editor, and critic, she has also served as intrepid travelling companion and documentary sleuth. Together we dedicate this volume to our children, Jennifer and Geoffrey, who have crossed the Atlantic many times, sharing our preoccu­ pation with writing and research. JJB. Wabash College Crawfordsville, Indiana ACKNOWLEDGMENTS The notes throughout this volume are an eloquent testimony to the many individuals and institutions who assisted me in my research. I am extremely grateful to have been allowed to examine materials in their possession and when appropriate to quote extracts from them. American Antiquarian Society, Worcester, Massachusetts, for the fine collection of nineteenth-century periodicals. American Philosophical Society Library, Philadelphia, Pennsylvania. Amherst College Library, Amherst, Massachusetts. Assistants. To the many who have worked with me over the years as research assistants, readers, and typists, I would like to express my very great appreciation: Richard Adlof, Roberta Berry, Ronald Brown, Ann Dillon, Lynn Fairfield, James Gibson, Susan Glennon, Ariel Gordus, Elaine Greenlee,William Harader, Ruth Hepler, Mrs William B.Jackson, Marina Justice, Valdina Koller, Larry LeSeure, Terry Meyer, Stuart Miller, Linden Nicoll, Patricia Ponte, Patricia Radinger, Marsha Remsen, Edward Shorter, and Virginia Zachary. Professor James F. Beard, for his assistance with the J. F. Cooper Papers. Wm Blackwood and Sons Ltd, in particular Wing-Commander G. D. Blackwood. Bodleian Library, Oxford. Over the years Mr D. S. Porter and others have been most helpful in making available to me such materials as the Clarendon Papers, the Crampton Papers, the Bentley Papers, and the G. P. R. James Papers. British Museum, London. This volume would scarcely be possible were it not for the fine collection and co-operation of the Department of Printed Books. I am also much indebted to the Department of Manuscripts for such collections as those relating to Richard Bentley, W. E. Gladstone, and Sir Robert Peel. Xll ACKNOWLEDGMENTS Buffalo and Erie County Historical Society of New York for assistance with the Millard Fillmore Papers. Cambridge University Library. The Rt Hon. the Earl of Clarendon. The Papers of Henry Clay: those currently engaged in editing the Papers of Henry Clay, especially Professor James F. Hopkins of the University of Kentucky, were most cordial to me in the course of my researches. Lady Hermione Cobbold, with respect to the Papers of the Lytton family. Columbia Law School Library, New York, especially for their outstanding collection on literary copyright law. Columbia University Library, New York, and Kenneth A. Lohf of Special Collections, for access to the John Jay Papers and Park Benjamin Papers. Connecticut Historical Society, Hartford. Connecticut State Library, Hartford. Cornell University Library, Ithaca, New York. Professor Thomas J. Curran, St John's University, New York, for sharing infor­ mation about L. C. Levin. Customs and Excise. I am most grateful to the library staff of HM Customs and Excise for allowing me to examine some of their nineteenth-century records and publications. Harrison P. Dilworth III, for assistance with my inquiry concerning L. C. Levin. Seth Dubin, for helping to locate the John Jay Papers. Duke University Library, Durham, North Carolina. Sir William Gladstone. Greater London Record Office, Middlesex Section, for Papers of G. P. R. James. Harper & Row, and Mr Eugene Exman, for their co-operation and suggestions. Harvard University, Cambridge, Massachusetts: Widener Library for its outstand­ ing collection of printed books; Houghton Library for the papers of Longfellow, Emerson, Sparks, and Sumner. Also Miss Carolyn E. Jakeman for her able assistance. Hertfordshire County Record Office: Peter Walne and Eileen Lynch for their great help in locating and examining the Lytton Family Papers. Professor and Mrs Walter Houghton, for kindly making accessible the files of the Wellesley Index to Periodicals. Hudson's Bay Co., London: Mrs J.
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