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Letter from Noah Webster to Daniel Webster, New Haven (1826)
Source: Morristown National Historic Park, Lloyd W. Smith Archival Collection
Citation:
Letter from Noah Webster to Daniel Webster, New Haven (1826), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
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4 transcripted pages
Chapter 1 Page 1
New Haven Sept. 30th 1826
Sir:
Having, since my return from Europe,
had no opportunity of seeing you, I take this occasion
to express to you my acknowledgements, for comply-
ing with my request, & processing an act of Congress
enabling me to import copies of my Dictionary Synopsis
into the United States, free of the duties imposed by
the tariff. When I wrote to you from Cambridge, Eng.
I had not offered my manuscripts to the booksellers,
I supposed I should find no difficulty in procuring them
to be published. But after I went to London, I soon found
that the principal publishers were engaged in a new edi-
tion of Johnson, & in a new work of the like kind; & they would
not bring into market a work that might come in com-
petition with Those in which they were engaged. The small-
er booksellers & publishers could not undertake so heavy
a publication. One of the principal booksellers who
examined my manuscript, said the work would
maintain its ground in England, but his engagements
would not permit him to undertake the public-
ation. I am therefore obliged to wait for types to execute
the works in this country; & this has caused a great delay.
But this delay, I find, will be very useful to the work; &
on the whole, I have reason to be well satisfied with the
result, both of my voyage & of my appreciation to the Eng-
lish Booksellers.
There is another subject, Sir, to which I take
Chapter 1 Page 2
the liberty to invite your attention.
Since the celebrated decision, respecting copy-right,
in the highest British tribunal, it seems to have been
generally admitted that an author has not a permanent
& exclusive right to the publication of his original works, at
common law; & that he must depend wholly on statutes for
his enjoyment of that right. As I firmly believe this decision
to be contrary to all our best established principles of right
& property, & as I have reason to think such a decision would
not now be sanctioned by the authorities of this country,
I sincerely desire that while you are a member of the
House of Representatives in Congress, your talents may be
exerted in placing this species of property, on the same
footing, as all other property, as to exclusive right &
permanence of possession. -
Among all the modes of acquiring property, or exclusive
ownership, the act or operation of creating or making
seems to have the first claim. If any thing can justly give
a man an exclusive right to the occupancy & enjoyment
of a thing, it must be the fact that he has made it.
The right of the farmer & mechanic to the exclusive enjoy-
ment & right of disposal of what they make or produce, is
never questioned. What then can make a difference between
the produce of muscular strength, & the produce of the intel-
lect? If it should be said, that as the purchaser of a bushel
of wheat ha obtained not only the exclusive right to the
use of it for food, but the right to sow it, & make increase
& profit by it, let it be replied, this is true; but if he sows
the wheat, he must sow it on his own ground or soil.
The case is different with respect to the copy of a book which
Chapter 1 Page 3
a purchaser has obtained; for the copy-right in the author's
soil, which the purchaser cannot legally occupy.
Upon what principle, let me ask, can my fellow-
citizens declare that the productions of the farmer & the
artisan shall be protected by common law, or [XX] the
principles of natural or social right, without a special
statute, & without paying a premium for the enjoyment
of their property; while they declare that I have only a
temporary right to the fruits of my labor & even this
cannot be enjoyed without a premium? Are such
principles as these consistent with the established doc-
trines of property & of moral right & wrong among an en-
lightened people? Are such principles consistent with
the high & honorable notions of justice & equal privi-
leges, which our citizens claim to entertain & to cher-
ish, as characteristic of modern improvements in
civil society? How can the recent origin of a particular
species of property vary the principles of ownership?
I say nothing of the inexpedience of such a policy,
as it regards the discouragement of literary exertions.
Indeed I can [probably] say nothing on this subject that you
have not said or thought - at least I presume you
have often contemplated the subject in all its
bearings.
The British Parliament, about ten or twelve years ago,
passed a new act on this subject, giving to authors &
proprietors of new works an absolute right to the
exclusive use of the copy-right for 20 years, with some
other provisions which I do not recollect. But the act
makes or continues the condition that the author or
Chapter 1 Page 4
proprietor shall deposit eleven copies of the work
in Stationers' Hall, for the benefit of certain public
libraries. This premium will often amount to fifty
pounds sterling or more. An effort was made by the
publishers to obtain a repeal of this provision; but
it was approved by the institutions which were to re-
ceive the benefit, & the attempt failed.
I have a great interest in this question; & I think
the interests of science & literature, in the question, are
by no means inconsiderable.
I sincerely wish our legislature would come
at once to the line of right & justice on this subject, &
pass a new act, the preamble to which shall admit
the principle that an author has, by common law,
or natural justice, the sole & permanent right to make
profits by his own labors, & that his heirs & assigns,
shall enjoy the right, unclogged with conditions.
The act thus admitting the right, would prescribe the
mode by which it should be ascertained, secured,
enjoyed, & violations of the right be punished, & further
perhaps make some provisions for the case of at-
tempts to elude the statute [by] slight alterations of
books, by mutilations & transpositions.
Excuse me, Sir, for the trouble I give you -
& believe me, with much respect
Your humble servant
Noah Webster
~~~~~~~~~~~~~
Hon[ble] Daniel Webster __________
[Side: Noah Webster Sep. 30]
Transcription by: Megan Wren
Source: Morristown National Historic Park, Lloyd W. Smith Archival Collection
Citation:
Letter from Noah Webster to Daniel Webster, New Haven (1826), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | No Commentaries
Translation only | Transcription only | Show all | Bundled images as pdf
4 transcripted pages
Chapter 1 Page 1
New Haven Sept. 30th 1826
Sir:
Having, since my return from Europe,
had no opportunity of seeing you, I take this occasion
to express to you my acknowledgements, for comply-
ing with my request, & processing an act of Congress
enabling me to import copies of my Dictionary Synopsis
into the United States, free of the duties imposed by
the tariff. When I wrote to you from Cambridge, Eng.
I had not offered my manuscripts to the booksellers,
I supposed I should find no difficulty in procuring them
to be published. But after I went to London, I soon found
that the principal publishers were engaged in a new edi-
tion of Johnson, & in a new work of the like kind; & they would
not bring into market a work that might come in com-
petition with Those in which they were engaged. The small-
er booksellers & publishers could not undertake so heavy
a publication. One of the principal booksellers who
examined my manuscript, said the work would
maintain its ground in England, but his engagements
would not permit him to undertake the public-
ation. I am therefore obliged to wait for types to execute
the works in this country; & this has caused a great delay.
But this delay, I find, will be very useful to the work; &
on the whole, I have reason to be well satisfied with the
result, both of my voyage & of my appreciation to the Eng-
lish Booksellers.
There is another subject, Sir, to which I take
Chapter 1 Page 2
the liberty to invite your attention.
Since the celebrated decision, respecting copy-right,
in the highest British tribunal, it seems to have been
generally admitted that an author has not a permanent
& exclusive right to the publication of his original works, at
common law; & that he must depend wholly on statutes for
his enjoyment of that right. As I firmly believe this decision
to be contrary to all our best established principles of right
& property, & as I have reason to think such a decision would
not now be sanctioned by the authorities of this country,
I sincerely desire that while you are a member of the
House of Representatives in Congress, your talents may be
exerted in placing this species of property, on the same
footing, as all other property, as to exclusive right &
permanence of possession. -
Among all the modes of acquiring property, or exclusive
ownership, the act or operation of creating or making
seems to have the first claim. If any thing can justly give
a man an exclusive right to the occupancy & enjoyment
of a thing, it must be the fact that he has made it.
The right of the farmer & mechanic to the exclusive enjoy-
ment & right of disposal of what they make or produce, is
never questioned. What then can make a difference between
the produce of muscular strength, & the produce of the intel-
lect? If it should be said, that as the purchaser of a bushel
of wheat ha obtained not only the exclusive right to the
use of it for food, but the right to sow it, & make increase
& profit by it, let it be replied, this is true; but if he sows
the wheat, he must sow it on his own ground or soil.
The case is different with respect to the copy of a book which
Chapter 1 Page 3
a purchaser has obtained; for the copy-right in the author's
soil, which the purchaser cannot legally occupy.
Upon what principle, let me ask, can my fellow-
citizens declare that the productions of the farmer & the
artisan shall be protected by common law, or [XX] the
principles of natural or social right, without a special
statute, & without paying a premium for the enjoyment
of their property; while they declare that I have only a
temporary right to the fruits of my labor & even this
cannot be enjoyed without a premium? Are such
principles as these consistent with the established doc-
trines of property & of moral right & wrong among an en-
lightened people? Are such principles consistent with
the high & honorable notions of justice & equal privi-
leges, which our citizens claim to entertain & to cher-
ish, as characteristic of modern improvements in
civil society? How can the recent origin of a particular
species of property vary the principles of ownership?
I say nothing of the inexpedience of such a policy,
as it regards the discouragement of literary exertions.
Indeed I can [probably] say nothing on this subject that you
have not said or thought - at least I presume you
have often contemplated the subject in all its
bearings.
The British Parliament, about ten or twelve years ago,
passed a new act on this subject, giving to authors &
proprietors of new works an absolute right to the
exclusive use of the copy-right for 20 years, with some
other provisions which I do not recollect. But the act
makes or continues the condition that the author or
Chapter 1 Page 4
proprietor shall deposit eleven copies of the work
in Stationers' Hall, for the benefit of certain public
libraries. This premium will often amount to fifty
pounds sterling or more. An effort was made by the
publishers to obtain a repeal of this provision; but
it was approved by the institutions which were to re-
ceive the benefit, & the attempt failed.
I have a great interest in this question; & I think
the interests of science & literature, in the question, are
by no means inconsiderable.
I sincerely wish our legislature would come
at once to the line of right & justice on this subject, &
pass a new act, the preamble to which shall admit
the principle that an author has, by common law,
or natural justice, the sole & permanent right to make
profits by his own labors, & that his heirs & assigns,
shall enjoy the right, unclogged with conditions.
The act thus admitting the right, would prescribe the
mode by which it should be ascertained, secured,
enjoyed, & violations of the right be punished, & further
perhaps make some provisions for the case of at-
tempts to elude the statute [by] slight alterations of
books, by mutilations & transpositions.
Excuse me, Sir, for the trouble I give you -
& believe me, with much respect
Your humble servant
Noah Webster
~~~~~~~~~~~~~
Hon[ble] Daniel Webster __________
[Side: Noah Webster Sep. 30]
Transcription by: Megan Wren