65 3.6 3 H55 P HILLIARD, GRAY ANC CO. PETITION O ' 7 HILL- IARD, GRAY AND CO. The person charging this material is re- sponsible for its return on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. . i. is (p J if ' iL ~ To the Senate and House of Representatives of the United States, in Congress assembled. The undersigned, belonging to the wvera I trade" and professions concerned in tha various branch's "f printing and publishing, respectfully presi s . t tl re fo loiviliE 5 facts and considerations, which tliey deem tdike" mterestilie to themselves and the community, »” U n r rhTp^?aw“ n of international copy pr The advantages of the pound duty, are its eonven- ieuce, its • * In this country ^ver^^hite frai By thb^veTyforeign book in Eng- S^S^ve^o^K the lories t^te^insm^^^B^; In'Z Zorom duty of twenty per /.out i«! to take the place of the specific duty. The material point to which y our ,I ^;X hey be- attention, is the ad valorem principle, .i reference to particularly ° P In respecT to° most merchandize, there is an estab- lished relation between the cost of the materia . the labor requisite to produce them, and their alu , thus affording a guide, as well to their purchase and sale, as to their appraisal. But it is otherwise with books. The character of the authors; the pievalent taste of the day; the number of copies printed in an edition, and whether printed from moveable types, or from stereotype plates-areall circumstances operating in a peculiar manner, or a peculiar degree, to affect their value. No person can determine therefore, from inspection, nor indeed without knowledge on all these points, what the value of an invoice of books may be. It is believed that this uncertainty will be the ambush in which fraud may be concealed under an ad valorem duty ; and that fraud may often be sus- pected or imputed, where none is designed. At all events, there must be uncertainty and fluctuation, alike vexatious to the trade and the custom house. But a more important consideration is this. In the cost of a book, the composition, or setting up of the types, isamaterial item, forming about twenty-fi\e per cent, of the whole expense. Yet when this compo •ition is once done, or when a work is stereotyped, any number of copies may be thrown off. Now, if an ad valorem duty is imposed, your memoralists apprehend that most books imported from England, will come at a slight advance upon the cost of paper and press work only. The publisher has but to assume that the types are set up, or the stereotype plates cast, with reference to the English market— that what comes here is con- tingent and accidental, and, therefore, in estimating it, the expense of the press work and paper only, is to be regarded. It is a matter well understood that editions have been ac.u illy struck off. for the American market, 1 the sale being made with reference to such calcula- tions as these. To carry the system into complete effect the London publishers have but to establish branches of their houses in our principal cities, and consign to them, a d to be sold for their account, any portion of ' eir publications, and run them into the operation upon the American press. In this country 6 cag » ** E; ri/SS^kiSd^d defied for ^ reSanlSt^ i^Sy” d^'lt’ fs ‘desm able then, as a means of protection to the industry engaged in it, to diminish the sale of cheap English books. The pound duty upon this class of publica- tions is often over fifty per cent, ad valorem, while, on more costly publications, it is from ten to fifteen per cent. only. As a general rule, the duty referred to, on books, was moderate, yet in its form it was favorable to the actual state of the American book manufacture, by affording it some protection ; it laid a light tax on cosily works, not likely to be republished here, and, there- fore, not conflicting with our trade; and imposed a heavier duty on those which would come in competi- tion with our productions. It is not easy to conceive of a system bet’.er devised to secure all the revenue that can be derived from this source ; to entourage our own industry ; and to favor the cause of knowledge and science. „ , . , While, therefore, the policy of the former law seems to be recommended by obvious and cogent reasons, your memorialists are unable to discover any advan- tages that could accrue from a change in that system. An adherence to an ad valorem duty could not benefit the revenue, while it would prove ruinous to many of your memorialists, and injurious to the public, by forc- in 0, out of the trade a considerable amount of capital now actively engaged in the circulation of iiseful knowledge. It would introduce English editions of many hooks, sufficient to discourage and prevent their republication here; these would be higher in price than American reprints, and thus a double injury would be inflicted on the community, t t** Your memorialists would therefore earnestly re* quest that the pound duty may be restored; but they desire slight modifications of the old Hw, and there- fore pray that the following rates upon foreign books, prints, and types, may be established:— Thirty cents per lb. on bound books in English. Twenty six cents per lb. oil unbound books in En- glish. Fifteen cents a pound on all bound books in Latin and Greek, printed subsequent to the beginning of the year 1800. Thirteen cents on those which are unbound. Four cents a volume on ail books printed prior to 1800 . , ‘ On all books in modern foreign languages, four cents a volume. On sheet music, one cent and a half a page. On all engraviugs and lithographs, twenty cents each. On all types and stereotype plates, twenty cents per pound. There is another topic on which yrtir memorialists beg leave to offer a few suggestions, which are rend- ered pertinent by the faet that the subject is now before Congress. We refer to an international copy right law, which is urged on the ground of justice to authors, and encouragement of a national literature. We are far from disregarding these considerations, but V / we apprehend that a view of the whole subject will lead to conclusions adverse to the proposed law. As it respects justice to authors, we readily admit that a man is entitled to the fruits of his lab^r, phys- ical or mental ; but what these fruits shall be, must be determined by a regard to the general good. This last, indeed, furnishes the controlling rule in legisla- tion. The copy right law, the patent law, is estab- lished, not merely or mainly as an act of justice to authors, or inventors, but as a means of benefitting the public, by presenting the stimulus of compensa- tion to literary and inventive talent. Policy, then, or national justice, takes the lead, and equity enforces the reward which the law itself has promised. The argument of justice to authors, in favor of an in ternational copy right law, is valid only so far as it may coincide with the good of the whole, till such a law is established. The whole question prior to its passage is, practically, one of policy, and, as presented to an American Congress, is simply this — will it ben- efit the nation, all things considered ? To determine this, let us look at our position. In two respects it is peculiar. In the first place we are remote from the great seat and centre of civilization — yet we have the same language as that of the leading empire of the world. All the riches of English litera- ture are, therefore, ours. English authorship comes free as the vital air, untaxed, unhindered, even by the necessity of translation, into our country: and the question is, shall we tax it, and thus interpose a bar- rier to the circulation of intellectual and moral light? Shall we build up a dam, to obstruct the flow of the rivers of knowledge? In the second place, our insti- tutions are based upon the people, and at once pre- sume upon and require, the diffusion of knowledge and instruction, over the whole mass. A regard to these two points, it would seem, should decide the question at issue. The argument in favor of the proposed law, is briefly this: let English authors come here, and obtain copy rights upon their books : this will impose upon them a tax, and increase their cost some five-and-twenty percent. Thus burthened, their circulation will be diminished, and the field afforded to American au- thors, will be to a corresponding extent, enlarged. This we believe to be the whole ground. It will be perceived, then, that the very argument involves the idea of excluding, more or less, the fruits of British talent and genius. We know that a com- pensation is promised, but is not this illusory? What is it we would exclude ? What is it we would bar out from our country? At no period of the world, has any nation presented such a mental and moral harvest, as is afforded at the present day by the Brit- ish press. Not only are its productions more abundant and varied, but more enriched with genius and skill than at any former period. The power of talent now devoted to literature in England, surpasses that of any other age: besides which, all the graphic arts of illus- tration and embellishment, with many new inventions and ingenious improvements in printing, are drawn into this great partnership of mind. Shall we refuse to gather the share of this harvest which providence and our position, make our own ? The English lan- guage is our mother tongue; England is the land of our fathers’ nativity; by virtue of these conditions, it is our birthright to breathe, unquestioned, the atmo- sphere of English mind and genius. The argument of justice, on the part of her authors, is not to super- sede the argument of justice to our country : and is justice to our country compatible with the surrender of so great a privilege? But it is said that our own authors, our own Amer- ican press, will fill the vacuum created by a tax upon English authorship, and thus make compensation to the country. The time may come when this will be true ; but at present we believe it is not our policy to seek to rival the luxurious press of London. The pre- sent mission of American authors, and of the Ameri- can press is to diffuse knowledge: to adimt light to the* people, and bring it in at the windows of every house- and home, and make it burn in every American bosom. Tlte |xdiey of Europe is to make the light of science shine brightly in certain focal points — as the univer- sity atid the institute: ours should bo to make this light free and universal as the sunshine of heaven. Their policy seeks to make literature and literary insti- tutions the pillars of monarchical government ; ouis to fortify and perpetuate freedom, by basing our institu- tions upon the intelligence of the people. This great work of popularising knowledge, to- gether with the development of our own resources his- torical, social, and political — offers, as we conceive, an ample, attractive and useful field to American authors. In books for education, for the training of youth, for the inculcation of morals, we already surpass other nations; and in these useful walks of literature, our authors have been fairly paid. Hitherto they have been able freely to use English books, in preparing their own ; it is a point for them to consider how much their resources will be diminished, if the shield of copyright is thrown over all future English produc- tions. It is a question for the national legislature to consider how much the diffusion of knowledge — how much the cause of education will be hindered, by the drying up of such fountains of light. We would also suggest another point of vital im- port. If English authors obtain copy rights upon their works here, and our markets are supplied with them, it is apparent that, having no power to adapt them to our wants, our institutions and our state of society, we must permit their circulation as they are. We shall thus have a London literature forced upon us, at once driving our own out of the field, and sub- jecting the community to its influence. So long as we have power over it — so long as we can shape it as may suit our taste and condition, we have nothing to fear; but when this privilege is taken away, and the vast preponderance of British capital has driven our own out of the trade, shall we not have in our bosom a power at war with our institutions', and dangerous to our prosperity ? Is it not safer and better to let in this literature freely, but subject it to the moulding of our wants and wishes, rather than to give it an ascend- ency, and entrench it behind the inviolable privilege of copy right ? While, therefore, we oppose a law of international copy right, we beg not to be deemed indifferent to the claims of authors, or insensible to the importance of a national literature ; but we suggest that we cannot yet enter into rivalry with Europe in the higher walks of authorship ; and that the proper national literature of a country like ours, is that which seeks as its great aim, the instruction of the people. We conceive this to be the tendency of the present system of things — and we hope and trust we shall not speedily or thought- lessly enter upon the experiment of change. There are other, and still more palpable objections to the proposed law. If unrestricted, every English book may come here under its shelter, and these United States, may, in this respect, be made completely tributary to England, so far as her authors and her publishers chose. In this condition of things, our entire country would be as much a market secured to the London publisher, and the English author, as Scotland or Ireland : a portion of every edition would be sent here, and this may, if the publishers so de- cree, constitute our only supply. We should not merely give them copyright, but the manufacturing of all new English books. Should the privilege of copy right be restricted to books issued by American pub- lishers, and printed on American types and paper- the evils would be less : but even then, we conceive that difficulties exist. In any event, a law, such as is pro- posed, cannot be reciprocal — for England has ten au- thors where we have one, and, if adopted, the results would bo ten to one against us. We abstain from urging further arguments, and close by presenting an estimate of the various interests in the United States, concerned in the questions, here- with presented to your consideration. mg ami puDiisning, is nui man thousand, and those who are dependent upon these for their support amount to four times that number. The capital invested is about fifteen millions of dollars, and the total production not far short of twenty-seven millions of dollars annually. It is true that all these persons and this capital are ( not equally interested in the questions we have discussed : yet we conceive that all are more or less concerned, and some, vitally. If there be exceptions, they must be furnished by the publishers of newspapers and magazines. Thc.se have indeed no direct interest in the tariff, unless it be that by protecting our manufactures, their materials are cheapened through the influence of home competi- tion. But they have a strong motive of opposition to the proposed law of international copy right, as the resources by which their columns are supplied, would be essentially diminished, if new English publications were placed beyond their reach. EMPLOYMENTS, ic. Publishing and llookwlliit|. Penudicels, exclusive of Npw>|M|Mir«, - - - - - Book Binders, - - - - - Ty | *> Mini Stereotype Found- ers, Kugreving, Wood, Steel Mild Copper, including Designs, Plate Printing, ----- Newspapers,-*- - - - - Pi lining, including Ne\%s- |*u purs, ------- Taper of ull kinds used for printing, It appears therefore that the number of persons who are employed in the various arts connected with print- No. id* |ier- •om employed. Amount ol business Manually. Xu. uf hooks, «v.c. anniiHlIy produced. Capital in- vested. 4,000 $7,000, M0 10 , 000,000 vol. 4,000,000 500,00(1 U,000,"00 No’. 300,000 3,500 1,640,000 800,000 700 406,000 400,000 600 50J 35 >,000 401, OH) 6,000,000 ( 300,0000,000 j sheets Miin’y 2,200.000 not includ’g pr’g. , 05,088 $7,1 06,010 3,000,000 I 8,00:i 5,000,000 5,(KK),(I00 1 Digitized by the Internet Archive in 2016 https://archive.org/details/petitionofhilliaOOhill ,Jl v v ikV-. A rail l . n r * /i '9/ ,J(, Cct'ttl'j r r -> r m ^ * SJ ZfJP ** «ijp usy^m tmrrar.-ur^ cudneCu^Wpfrri, flrtio placed ueyoliu uwu i«JUcu . 0* * r^p / ^ '/^ Ci/y ^ /rKy c^r^f & ^ a - fa&iJ, /#) /O St -Cf/* V* ' , 7 ;-^^ O-A/rZ , (/'n.^fitz: ^/L, ^ ay