MOORE’S MELODIES: 
 
 THEI ORIGIiUL PUBLISHERS, 
 
 THEIR LAWSUITS. 
 
 BY 
 
 JAMES DOWLING. 
 
 
 I will soon introduce you to my jocund friend * * * 
 
 whom you will find warm from his match of single-stick with a 
 brother publisher. Peace to their differences ; it is a wrathful 
 trade, and the irritable genus includes the bookselling as well as 
 the bookwriting species.” — Sir Walter Scott. 
 
 DUBLIN : 
 
 ANGUS MURRAY AND CO. 
 
 ALSO, 
 
 E. PONSONBY AND H. MORIIOW. 
 
DUBLIN : ANGUS MURRAl' & CO., PRINTERS, 
 2G EUSTACE-STllEET, 
 

 MOORE’S MELODIES— THE ORIGINAL 
 PUBLISHERS, &c. 
 
 Those two little brothers, the Powers, are going to war ding- 
 dong, and seem resolved to be ^ belligerent powers,’ as well as 
 their betters” — so wrote Tom Moore to Miss Godfrey in 1816 ; 
 and however we might be disposed to admire at other more fitting 
 times a display of the poet’s wit, as the emanation of a brilliant 
 fancy, it is to be regretted that the occasion which called it forth 
 in the present instance was not of a more pleasing and satisfac- 
 tory nature, when we consider the position in which all parties 
 stood towards each other. He acted doubtless upon the usually 
 received idea — an erroneous one we think-^that when people who 
 ought to know better are so silly as to resort to the law, with its 
 glorious uncertainty,” for the purpose of clearing up their mis- 
 understandings, they become fit subjects for the caustic, though, 
 mayhap, delicate humour of their acquaintances — ^we were about 
 to say friends, for they, too, sometimes take strange liberties ; 
 and, perhaps, after all, Moore only put in practice, what from his 
 point of view he considered his privilege as a friend, in writing 
 as he did ; but which, according to our old-fashioned notions of 
 good taste, we cannot help thinking, would have been more 
 becomingly exercised in the breach than in the observance. It, 
 will not however do, to be over particular or exacting with “the 
 pet of the drawing-room,” more especially where a lady correspon- 
 dent was in question. 
 
 By the way, it is amusing to notice his evident partiality for 
 the term little,” as applied to parties, most of whom we may 
 well believe were much over his own stature ; he never mentions 
 the Powers in particular without prefixing it, and one would be 
 
 rr *> 
 
4 
 
 naturally led to infer from this, that he himself, the wee man,’" 
 must have been of ample proportions, if the contrary was not of 
 almost proverbial notoriety. There are many sketches by different 
 hands, but we cannot call to mind anything more graphic than 
 the picture which Willis, a brother poet, has drawn of him, where 
 he describes the personages formerly to be met with at the cele- 
 brated Friday Evening” assemblies of the late Countess of 
 Blessington : — 
 
 He noted Lady Stepney’s pretty hand. 
 
 And Barry Cornwall’s sweet and serious eye ; 
 
 And saw Moore get down from his chair to stand, 
 
 While a most Royal Duke went bowing by.” 
 
 Yet, the dear fellow, to do him justice, did not omit to deal simi- 
 larly by himself when he had the opportunity, for, is not the nom 
 de plume of “Thomas Little” well known to fame ? 
 
 In looking over the pages of that much-abused work, 
 “Memoirs, Letters and Diary of Moore, by Lord J. Rus- 
 sell,” from which we have quoted our opening lines, we 
 find throughout, scattered allusions to the unhappy differen- 
 ces in their business relations, which had aiusen between the 
 brothers (and which we have set ourselves the task of chro- 
 nicling), but, the information to be gleaned from that source 
 is necessarily of so scanty a nature, that it leaves us com- 
 pletely at fault, not only as to the causes which led to such dis- 
 agreeable results, but also as to which side — unless, as sometimes 
 happens, both were in error — the blame should incline. This 
 deficiency, with the reader’s leave, we now purpose in some mea- 
 sure to supply, with a minuteness of detail, which (although at 
 first sight it might leave us open to the charge of being over tire- 
 some) we prefer to vague generalities, however gracefully ex« 
 pressed. 
 
 But, perhaps, in this age of advanced ideas, as they are called, 
 when nothing is considered worthy of perusal which has not a 
 dash of the “ sensational” largely intermixed, it may appear to 
 not a few that we are about to claim attention to a subject which 
 does not of itself possess sufficient interest for the purpose. To 
 all such objectors, if any there be, w^e candidly admit at starting. 
 
that in what we are about to say, they will find nothing to suit 
 their peculiar tastes ; nor are we going to offer anything so at- 
 tractive, as we can imagine a well- written account would be, that 
 should place before us, as in a mirror, the clashing of opinions, 
 and interests which may liave taken place between the members 
 of some of the famous literary partnerships which have been 
 formed occasionally, from the da}'s of Wyatt and Surrey to our 
 own ; still, although such is not our intention, having no ambi- 
 tion for so elevated a flight, we conceive that there can be no 
 good reason advanced for overlooking the less interesting affairs 
 (as we must admit them to be) of those, without whose timely 
 aid and excellent judgment authors themselves would not alone 
 have been debarred the means of reaching the public, but they 
 would never have undertaken the composition of the very works 
 on which their fame now securely rests ; we mean, of course, 
 that important and respectable body, the publishers, to the enter- 
 prise of many of whom it need scarcely be said does the world 
 owe the possession of the most approved productions. For 
 instance, would Moore have written Lalla Roolch^ were it not for 
 the commercial spirit of the Longmans ; and it may also be ques^ 
 tioned whether we should ever have even heard of the Irish 
 Melodies, if a William Power had never lived ; there, con- 
 sequently, always ought to be a degree of kindly feeling, if 
 nothing more, entertained towards him and his brother, arising 
 out of their business connexion with our National Lyrist, and 
 which we freely confess they would not of themselves be able other- 
 v/ise to awaken. Entertaining these sentiments we have not been 
 deterred, by the want of exciting matter in our subject, from 
 Ailing a void we found to exist, and which we shall now proceed 
 to do without further preface or apology. 
 
 Before, however, coming to that period of the hostilities alluded 
 to by the poet, it will be necessary for our purpose, and render 
 subsequent events more intelligible, to give a sketch of the pre- 
 ceding mercantile arrangements of the brothers ; the removal 
 from this world, we trust to a better, of all the parties principally 
 concerned, will enable this to be accomplished with more free- 
 •dom than would be proper or allowable under a different stale of 
 things^ 
 
6 
 
 Previous to 1799, Janies and William Power, wlio Avere sons 
 of William Power, a citizen of Dublin, carried on the business 
 of musical-instrument makers, at No. 36 Tighe-street (a portion 
 of the city now considered ill adapted for such a trade), but no 
 formal document defining their operations appears to have been 
 entered into until the 22nd of January in that year.* 
 
 The terms then agreed on were, that the partnership should 
 continue for their lives — the benefits and losses to be equally 
 shared ; it was contemplated that at some future time the parties 
 might be disposed to extend their business by becoming pub- 
 lishers of music, or in some other Avay, inasmuch as after desig- 
 nating their trade to be the making of musical instruments, they 
 added, “ and also in the management and doing of all such other 
 business as they shall think fit, and mutually agree and con- 
 “ sent to trade in.” 
 
 The concern at this time must have been of rather limited ex- 
 tent, if one is to judge from the fact, that there is no mention of 
 any capital having been put in by either party, and from the 
 stipulation that neither should draw a larger Aveekly allowance 
 than sixteen shillings. It does, however, appear, that matters 
 soon began to improve, for we find that in April, 1802, the 
 house. No. 4 Westmoreland-street was taken, f and without dis- 
 solving the first partnership a second one was formed, which 
 included two other persons named John Thompson and Henry 
 Browne. 
 
 The deed then entered into bore date on All-fool’s day;” it 
 was agreed that, the four parties should, on equal terms, carry 
 on the business of ‘‘ buying, selling, printing, and hiring music, 
 and of buying, selling, and hiring musical instruments,” to con- 
 tinue for seven years, and to be transacted at the new house in 
 Westmoreland-street, William Power to be the acting partner, 
 
 * The year 1799 is also rendered noticeable as the one in which the 
 future author of the Melodies first appeared in London. 
 
 t Noav forming part of the establishment of Mr. Marcus Moses. In 
 the many arguments adduced in favour of the present site of the unfor- 
 tunate Moore Testimonial, an obviously strong one was overlooked, it 
 being in view of the house from whence issued the poet’s most popular and 
 durable Avork. About 1827 the landlord’s interest devolved upon the late 
 William Elliott Hudson, himself a collector of Irish music, and the friend 
 to Avhom Thomas Davis dedicated his Life of CuiTan. 
 
7 
 
 tlie other three coming under the operation of the Irish Anony- 
 mous Partnership Act at their own desire, the effect of which, 
 as the reader is aware, was to create a limited liability, the 
 sleeping partners, as they are termed, not being responsible to 
 the public for more than their registered shares. 
 
 About four years after this, namely, in 1806, William Power 
 alone came to the well-known understanding with Moore for the 
 publication of the Melodies, with the aid of Sir John Andrew 
 Stevenson, from which eventuated such memorable results to all 
 parties. It would certainly seem, as if William in thus dealing 
 on his own account with Moore and Stevenson, took a not over 
 fair advantage of his position as active partner to secure the 
 benefit of the arrangement to himself ; and having early in March 
 of the following year purchased the shares of Thompson and 
 Browne, he became the owner of three-fourths of the Westmore- 
 land-street concern, without any apparent resistance or opposition 
 from his brother. 
 
 Not long after completing the second partnership, James 
 Power went to try his fortune in London, and thus there were 
 three establishments in operation in which he had an interest, 
 that is, the old firm of “ James and William Power” in Tighe- 
 street, the second, of ^‘William Power & Co.,” in Westmoreland- 
 street, and his own new London house at No. 34 in the Strand. 
 
 James Power had, as his manager, a Mr. John Bennison, 
 whose name occurs in the letters and diary of Moore ; he some- 
 times fair-copied, for the engraver, the poet’s effusions, with the 
 accompanying music. 
 
 Early in 1807* appeared together the first and second num- 
 bers of the Melodies, the sole publisher being William Power. 
 
 The seven years for which the articles of 1802 were to con- 
 tinue having expired on the 1st of August, 1809, it became neces- 
 sary to have a new arrangement, and, accordingly, on the 4th of 
 the same month, a deed was signed, this time confined to Wil- 
 liam and James Power. It stated that, a settlement of accounts 
 
 * In this year also the work of another poet, the very antithesis, as it 
 were, of Moore, first saw the light ; we allude to the “ Parish Ilegister” of 
 Crabbe* 
 
8 
 
 having taken place, it appeared that a sum of £562 was due to 
 James on foot of his one-fourth share of the stock and profits, and 
 his interest in the lease of the Westmoreland-street house ; and it 
 vras agreed that, in consideration of William’s giving James an 
 exclusive right for five years of publishing and selling in 
 England and Scotland, all the musical productions which had 
 been published by William for the three years subsequent to the 
 1st of April, 18.06, Jame^ would accept £300 in discharge of the 
 larger sum owing to him, he on his part to make over his share 
 in the house, 
 
 The works published by William, and which James was to be 
 allowed to sell in England and Scotland, comprised most of 
 the favourites of the period. How few of them, if any, with the 
 exception of the Melodies, hold ground in the public estimatiori 
 may be gathered from the following list : — 
 
 First and Second Number's of the Melodies. 
 
 The First Attempt. 
 
 Pooh ! Dermot. 
 
 Here’s the bower. 
 
 Oh ! why should the girl ? 
 Wilt thou say farewell? 
 Love and the Sun Dial. 
 The Pilgrim; 
 
 The Catherine. 
 
 Love my Mary.. 
 
 Johnny Adair. 
 
 Come, take the harp. 
 Dance in Mother Goose. 
 L’Oiseau. 
 
 T ekeli- — Rondo, 
 
 The maid whose heart. 
 
 Sir A. Wellesley’s March. 
 
 Kinnegad Slashers. 
 
 Now’s the merry month. 
 
 To the brook and the willow. 
 Major Loftus’ March. 
 
 When I am doomed. 
 
 Time, empty form. 
 
 Roundelay 
 Parting hour. 
 
 Sheelah’s love. 
 
 March and Quick Step, by Moraii 
 Under the greenwood tree. 
 Cease not yet. 
 
 Waltzes, by Moran. 
 
 Fanny Fair. 
 
 Ye flowers that droop. 
 
 It was not convenient for William to pay the £3G0, and 
 in consequence he was obliged to pass his bills therefor at long 
 dates. 
 
 Only the first two numbers of the Melodies being included 
 in the license to publish in Great Britain, James, on the 25th of 
 September, 1809, addressed a letter to his brother, in which lie 
 said, “ I feel much disappointed at the silence you observe about 
 the third number of the Irish Melodies, and wish to know if you 
 
9 
 
 will allow me to publish them here (London), and on what 
 terms;” but it does not appear that William gave the required 
 permission, for upon his going to London soon after, we find 
 James sending to his lodgings on the 24th November, the 
 following proposal ; — 
 
 “ I am willing to publish, on the following terms, the third 
 number of Irish Melodies, and such other things as you may be 
 willing for me to print in London — to allow you for the Melo- 
 dies, 9s., and for any other works half price, deducting the net 
 expenses of engraving, paper, printing, and binding. I am also 
 willing to have a dealing with you for other things thus, to 
 charge and be charged as cash, for all of Mr. Moore’s and Sir 
 John Stevenson’s compositions, and to exchange with you every 
 other work of my printing for yours, and settle all accounts 
 every six months, or as early after as possible. 
 
 To this William, on the same day, replied : — 
 
 I received your letter, with a proposition for printing the 
 Irish Melodies, &c., and am willing to allow you to publish the 
 third number, and the songs named below, on the terms named 
 therein, and to open an account, subject to the regulations 
 proposed.” 
 
 The songs named were — 
 
 Moore’s — “ Young Jessica Light sounds the Harp ” 
 Love’s light summer cloud ” — “ When ’midst the gay I meet ” 
 — ‘^Origin of Woman” — and Stevenson’s Bess of Aber- 
 deen ” — “ Ah ! what woes are mine to bear ” — Oh, then, dearest 
 Ellep ” — The sei*enade of Lilia, Come dov/n to me ” — Be 
 gay ! be gay ! ” 
 
 It is evident that James Power, by his residence in London, 
 had more frequent opportunities than his brother of meeting Mr, 
 Moore (how strangely that sounds !) in personal intercourse, and 
 we qre, therefore, not surprised to learn that he soon became the 
 principal party, in the eyes of the bard, with whom he should iu 
 future have business transactions. 
 
 James immediately set to work to improve his position, for, 
 within three days after making the proposal of the 24th, he be- 
 came the purchaser of the copyright of all the miscellaneous 
 works of Moore, which had theretofore been exclusively publislied 
 by Carpenter, of Bond street. 
 
 Ilitherto, it will hav^e been observed, that matters pursued the 
 
10 
 
 even tenor of their way, nothing appearing to disturb the har- 
 mony which naturally existed between the partners, or to bring 
 them into collision with other publishers ; but this pleasant condi- 
 tion of things was not destined to continue, for we discover that, 
 owing to the popularity of the songs, unauthorized parties began 
 to publish imitations, necessarily of inferior merit, yet, by reason 
 of the adoption of similar titles and metre, quite capable of caus- 
 ing annoyance, if not actual loss. The person most active in 
 carrying on this system of piracy was a music-seller named 
 Walker, having his place of business in Great Portland-street, 
 London. 
 
 On the 25th of September, 1810, William Power writes to 
 his brother, in answer to a letter from him on this subject : — 
 
 Late yesterday, I received your letter of the 20th, covering 
 the pirated copy of Fly not yeU and wish you to be as prompt in 
 taking such proceedings against Walker (in case he will not give 
 up the plates and copies) as you may be advised to do by your 
 attorney ; or, if he thinks it necessary, have counsel’s opinion, 
 whether an action will or will not lie against him for the piracy. 
 Long since I answered you about Siveet fair. Such proceedings 
 as prudence would dictate I wished to be commenced against 
 Wheatstone if he did not cancel the plates. In a former letter, 
 which you never answered, I told you of Mrs. Beresford’s return 
 to town. If you wish it, I will call on her about your accounts, 
 or deliver any letter you may send me for her. 
 
 ‘‘ You have not told me who is the author of your new opera, 
 nor at which theatre it is or has been performed. I would also 
 like to know where Braham is now, or what he is doing, and 
 how the songs he sung at the Lyceum go off. My father and 
 Anne are well, and join in affection to you, Jane, and the 
 children.” 
 
 The opera referred to must have been The Bee Hive^ which 
 Moore was then after finishing. Writing to his mother, he says, 
 ‘‘ There is so much call for the opera that I have made a present 
 of it to Little Power to publish, that is, nominally I have made a 
 present of it to him, but I am to have the greater part of the 
 profits notwithstanding. I do it in this way, however, for two 
 reasons, one, that it looks more dignified, particularly after having 
 made so light of the piece myself ; and the second, that I do not 
 mean to give anything more to Carpenter, yet do not think it 
 
11 
 
 worth breaking with him, till I have something of consequence to 
 give Longman. Little Power is of wonderful use to me, and 
 indeed, I may say is the first liberal man I have ever had to do 
 with.” * 
 
 In accordance with William’s suggestion, James caused what 
 is technically called a case ” to be laid before Mr. Richardson, 
 of the ■ Middle Temple, for his advice. This gentleman, on the 
 29th of November, gave his opinion to the effect, that Walker 
 had been guilty of an infringement of the copyright of Fly not 
 yet^ and was, consequently, liable to an action at the suit of Mr. 
 Power, but, from some unexplained cause, no steps were taken 
 against Walker until early in 1814, with what success shall be 
 seen. 
 
 William Power, on the 29th of April, 1811, writes — 
 
 The opinion of Councillor Duhigg, which I had good 
 reason to expect without expense, prevented my writing to you 
 immediately on receipt of your last. The opinion is, that an 
 action will lie against Hannam, and consequently against 
 Walker. I, therefore, think it would be well judged in you to 
 g^,t the opinion of another counsel who goes into a record court, 
 on other business. 
 
 “ I have received the parcel sent by the coach, with the small 
 parcel of Burchall’s print * * * * all charged trade price, and 
 
 not a seventh book with any one of them. This I beg may be 
 explained in your next. 
 
 I received fifty Friend of my Sold, which I did not want, and 
 not a copy of ^Fly from the world, 0 Bessy, ^ that I ordered. I 
 also received some imperfect copies of those things before sent ; 
 the title-sheet only of some of them coming to hand. With re- 
 spect to the Beehive, I have only to say that I have not yet been 
 able to sell a single copy of it, but I suppose it will sell, as Cooke 
 has told me of your having sent him the Dialogue of it, and of 
 its being in rehearsal. Williams has selected it for its first per- 
 formance on his benefit, the 14th of next month. I am far, from 
 wishing you to make a sacrifice of your publications, or the 
 profits arising from them, to me; and as you say there are 
 music-sellers here (whose names you so cautiously avoid giving), 
 have ordered things from you in such considerable number, in the 
 name of G-d, supply them, and do not injure yourself by con- 
 fining your dealings to me. As to the copyright works I have 
 
 * Memoirs, &c., vol, i, pag 201. 
 
12 
 
 purchased from Holden, all I shall now say is, that I know the 
 number you have had of them, and that the property in them 
 is noAv solely mine, as Holden only sold the liberty of publishing 
 them in London to Clementi and Co., without excluding himself 
 from so doing. As to the diiference in price, it is too con- 
 temptible to say a word on, for if they sold them at a penny 
 each you ought to have been enabled to sell at the same rate ; 
 and before you would indirectly censure me, or allow others 
 (their names I know not) to do so, it might be necessary for you 
 to be better informed as to the works that are property and those 
 that are not in this country. I shall feel obliged if you will send 
 me in your next, or as soon after as you can, an account of those 
 things you have sold of mine, and send me by the coach fifty of 
 the Melologue. My father is well, &c.” 
 
 In November William went to London, and whilst there a 
 new arrangement took place between him and James, which was 
 ultimately the foundation of the unpleasant controversies which 
 arose between them. 
 
 On the 7th of that month Janies addressed the following letter 
 to his brother, then stopping at the Cecil Coifee House in the 
 Strand : — 
 
 ‘‘ To meet the proposition you made me this morning, I agree 
 to pay you one-half of such sum or sums as have been paid to 
 Mr. Moore and Sir John Stevenson, for each and every one of 
 their single pieces named and priced in the annexed catalogue, 
 — three-fifths of the sums paid the above gentlemen for the Irish 
 Melodies ; and I further consent to give you such works as I 
 have of the said Mr. Moore and Sir John Stevenson for two^- 
 fifths of the sums I have paid for the same, which are also named 
 and priced in the annexed catalogue ; and that the arrangement 
 made with Mr. Moore for his future musical writings and com- 
 positions, for which he is to be paid the sum of five hundred 
 pounds per annum, is hereby considered a principal part of this 
 agreement, and to be paid to him in the same proportion, that is, 
 on your part two-fifths, and three-fifths by me ; and I further 
 agree to pay and receive from you, in the same proportion, for 
 such other works as you or I may hereafter have from Sir John 
 Stevenson ; and that immediate notice shall be given of each 
 article, and an arrangement made to enable each to have the 
 article or Wmrk published on the same day. Your interest and 
 title to the exclusive sale of Ireland, without any interference of 
 sale or title whatever to England and Scotland ; and no claim, 
 title, or interference whatever on my part to your exclusive sale 
 in Ireland. All accounts to be closed and finally settled to 
 
13 
 
 this day, except the exchange account, which may be carried on 
 as usual.” 
 
 William replied on the same day : — 
 
 “ I received your letter this morning, of which the following 
 is a copy, and fully acquiesce and agree to the arrangement pro- 
 posed therein.” 
 
 He then copies James’ letter. 
 
 To these letters were annexed accounts current of money 
 transactions relative to the musical works, and which, although 
 not specially referred to, were to be taken as finally closed. 
 
 At the risk of being thought unnecessarily tedious, we venture 
 to give a condensed summary of these accounts, particularly as 
 they were referred to by both parties in the progress of their sub- 
 sequent disputes. 
 
 William charged his brother with the following : — For four- 
 teen songs, including the East Indian^ £64 5s, Od. The first 
 and second number of the Melodies, £82 10s. Od. Third and 
 fourth numbers, £144 18s. Od. Paper, £90 6s. Od. Sundries, 
 £44 11s. Od., and for forty-one songs of Stevenson’s, £98 5s Od., 
 making a total of £524 5s. Od. 
 
 James’ account contains these items : — ^Sundries, Instruments, 
 &c., £78 5s. 4^d. Two unpaid bills, at sixteen and twenty-two 
 months, £83 6s. 8d. each, and interest, £176 8s. 8d, Two-fifths 
 of £616 16s. Od. paid to Carpenter and others for copyrights, 
 £246 14s. Od. Total, £501 8s. 0|-d, leaving the balance of 
 £22 16s. ll|-d. in William’s favour, and which he ever after- 
 wards alleged was never paid. 
 
 It may not be out of place to mention that the paper used by 
 William Power for the Melodies was manufactured by the then 
 eminent firm 'of William Pickering and Sons,” Great Newton 
 Mills, Eathfarnham. It was a branch of the London house of 
 Magnay, Pickering, Magnay and Pickering,” one of the then 
 junior partners being the present Sir William Magnay, Barfc. 
 Mr. Pickering, senior, brought to Ireland a large capital, and he 
 is still remembered in the locality as a liberal and considerate 
 employer, and to whom the term ‘‘ one of the good old school ” 
 was most applicable. His partiality for this country was so 
 
14 
 
 strong that, upon the unnsual compliment being paid him hj the 
 Corporation of London, althougli a non-resident for some years, 
 of nominating him one of their high-sherife, he declined the 
 honour, preferring to live in his adopted land. Differences with 
 the work-people, however, occasionally occurred. It is re- 
 lated that in July 1825, when Sir Walter Scott visited Ireland, 
 the late Sir Philip Crampton took him to his mountain residence 
 at Lough Bray. On the road they were surprised to see the 
 people collecting in crowds, evidently labouring under consider- 
 able excitement. Instantly a body of horse-police and another of 
 dragoons galloped up, and matters began to wear a serious 
 aspect ; one man in particular, with frantic gestures, under the 
 inspiration of valour- inspiring whiskey, kept calling on the 
 soldiers to shoot him if they daar,” at the same baring his 
 bosom to facilitate the operation. He was, however, forced away 
 by the women, and the gathering soon after dispersed without 
 any unpleasant consequences. When all was over Scott, with 
 mock gravity, thanked his host for all his kindness and hospitality, 
 and particularly in having actually got up a little rebellion for 
 his especial entertainment. It appeared on inquiry that the 
 mill hands were displeased at the introduction of some new 
 machinery, and threatened to burn the place. 
 
 To resume. — Although WilliamPower brought into his account 
 certain publications, it would seem, from the following letter of 
 Mr. Bennison’s to him, that some of them at least were not yet 
 published. The letter is not dated, but from its being directed 
 to the “ Cecil Coffee blouse,” evidently was written in Novem- 
 ber, 1811. 
 
 ‘‘ The letter your brother received, while you were in the 
 Strand, was from Mr. Moore, acquainting him that the Lapland 
 song and the Spanish airs had not yet left Kegworth, but that he 
 should to-morrow (this day) forward them to you. As despatch 
 is to be the order of the day, I need not urge the necessity of 
 hurrying Stevenson with them. I, therefore, hope you will forth- 
 with send them over with the East Indian^ the speedy publication 
 of which is rendered necessary by Clementi’s having announced 
 the intention of publishing the most celebrated vocal works of 
 Mozart, with new English words ; and though the production 
 might not possess so much merit as Mr. Moore’s, yet as having 
 the precedence of publication, might, in some degree, militate 
 
15 
 
 against its sale.- If they sliould be directed to oiir lionse, tliey 
 will be too large a parcel for post. Can you tell me how they 
 can come cheapest and expeditious to you ? 
 
 Mr. Moore likewise expresses a strong desire for your 
 Connaught Musical Treasure,* for, he says, ‘ though the number is 
 certainly forward, he is far from being satisfied with it. The 
 songs at present finished shall be engraved without delay, and 
 the proofs sent by post.’ ” 
 
 James Power, on the 6th of March, 1812, came to an agree- 
 ment with the poet by which the latter was to get £500 a-year 
 for seven years, for all musical works edited by him. This 
 arrangement was embodied five days afterwards in a formal deed, 
 on which occasion also articles were entered into between James 
 and his brother, whereby William bound himself to contribute 
 £200 a year for six years as his share of the annuity, in lieu of 
 which he was to have the exclusive right of sale in Ireland ; and 
 for this purpose James undertook to furnish him with all works 
 as soon as they should come to his hands, and not to send them 
 to any other person in Ireland for publication under a penalty of 
 £500. 
 
 Having arranged with Moore, it became important for James 
 to have an understanding with Sir John, and we find him, on the 
 1 8th of April, writing to his brother : — 
 
 “ I delayed answering your letter of the 3rd, in hopes of some 
 account from Liverpool respecting the music, but have not as yet 
 I’cceived any. With respect to the annuity to Sir John, I cannot 
 give you a decisive answer, but suppose £100 a-year may be 
 safely offered for his compositions and arrangements, and that he 
 should not give less than twelve single pieces in the year. What 
 I mean by “ single pieces ” is ballads, duets, or glees — the 
 arrangements to be of Mr. Moore’s subjects. Your own ideas I 
 wish to have on the business to see how far they agree with mine. 
 Mr. Moore has been this some time in Leicestershire, where he wishes 
 to retire if he can get comfortable lodgings, near to Lord Moira’s 
 house there, as the use of his library (which he has got) is a 
 
 * Moore, on the 23rd March, 1813, writing to James Power, refers to 
 this collection : — “ I agree with Stevenson in not very much liking the air 
 from Crotch ; hut I cannot at all understand why your brother, when he 
 communicated this piece of intelligence, did not send a better air in its 
 stead from his boasted Connemara stock.” Memoirs, &c., vol. i, p. 339. 
 
16 
 
 great object, and lie is fully determined to make literature Ins 
 sole pursuit, wliich it is impossible for him to do in London. He 
 has a large poem (I should suppose nearly the size of the ‘‘ Lady 
 of the Lake ”) in a very forward state, and which he is very 
 anxious to finish. There are several beautiful ballads interspersed 
 through it, which we will have in course, and which we might 
 have ready for publication as soon as the book, if you make or 
 close an agreement with Sir John. All Mr. M.’s ideas he would 
 have with the poems. When Mr. M. returns I shall write again, 
 but as that may not be for ten days or more, I expect to hear 
 from you in answel: to this, and request you will not name these 
 particulars to any person whatever, for Mr. M. does not wish 
 that it should be known what he is about until the work is ready 
 for the press. He and Stevenson united should be a grand object 
 with us. Your immediate and candid opinion is therefore neces- 
 sary, as I have other subjects to mention to you. T. Cooke’s 
 after piece I have published, but not yet offered for sale, as I 
 want to have the breeze it knocked up some way allayed before I 
 do. It takes eighty-one plates, exclusive of the title (which 
 bears your name with my own) ; price 10s. 6d.,” &c. 
 
 No permanent agreement with Sir John took place until 
 some time afterwards. Moore’s opinion was that £200 a-year 
 would be a very fair offer. Meantime, the knight continued his 
 arrangements of our poet’s wmrks as before. There is a break in 
 the correspondence of a year, for the next letter we have is one 
 of the 17th April, 1813, from James: — 
 
 ‘‘With this you have a proof The Rose-tree as a glee. I wish 
 you to know from Sir John if he intends having the same accom- 
 paniments to it for a single voice. I hope the three sets of proofs 
 of the Church work, with the manuscripts of the Melodies, have 
 satisfied him. Your title-plate, with a proof of the fifth number, 
 as corrected by Mr. Moore, was in the same parcel which I for- 
 warded according to my letter advising you of the same on the 
 1st of April, and directed as the last you received. Pra}^ let me 
 know if Sir John has made any further corrections on that proof 
 (Melodies). Mr. Moore was to have sent to you, under cover to 
 Mr. Corrry, Savourneen Deelish^ in the hope it would save some 
 time ; this I trust he has done. He has written a very pressing 
 letter to Stevenson to meet him at Mr. Ready’s, for which place he 
 leaves Kegworth with Mrs. Moore and children on Thursday next. 
 Mr, M, is to remain there for some time, and he comes up to 
 town for a month or six weeks. During his stay here I shall 
 have the preface written for his book, and as you have a corrected 
 copy, you had better get on with it as quickly as possible. There 
 
17 
 
 were a few copies of the Wood^Kcker published by T. Cooke, and 
 that was to answer a particular purpose for Michael Kelly, who 
 now has the plates. I only can publish it with some more of his 
 compositions, and to which I had your name put in conjunction 
 with my own. As I have already told you, they are all signed 
 by him. From the great sale it had, I was induced to wait on 
 Braham, to know if he would sing some MSS. which I have. A 
 mutual explanation took place. His terms are twenty guineas 
 for each successful song, and to which only will he allow his 
 name. I should prefer giving him some of Mr. Moore’s, if you 
 are willing to join me in the speculation ; if not, I have several 
 others that I am sure he will not only like, but succeed in.” 
 
 On the 29th he again writes : — 
 
 received your letter, with Savourneen Deelish^ and T 
 should not have answered it to-day but for the set of plates you 
 want Austin to do. I shall not let any work of mine interfere 
 with his expediting them. I shall give him proofs of those I 
 have, and get those he does proved and corrected, but you must 
 send your own order to him to do them. As for any speculation 
 I may make with Braham, I shall carefully avoid any misunder- 
 standing with you, and this was my object in mentioning the 
 interview I had with him. Now, unless you are willing to give 
 me two-fifths of what I am to give him, I shall not engage him 
 to sing any song that you have any right or claim to, having, as 
 I stated in my last, many that will suit him of my own and un- 
 divided property. Every song I got from Mr. Moore since my 
 engagement with him in March, 1811, you have got copies of. I 
 kept no particular account of the time I received them. If I had 
 I should send it to you. * * h. * « * Stevenson, I con- 
 clude, if not in this country, is on his way. Bennison has gone 
 to Broadwood’s about the pianofortes for him ; the first intimation 
 I had on the subject was your letter. It wiU cost me fifty 
 guineas to get the remainder of his Church work engraved, ex- 
 clusive of his likeness ; this I expect every day You can judge 
 the sum this work has already cost me. Indeed, I have often 
 wished I had never seen it. I will thank you to let me know, as 
 you say you can, the number of The Woodpecker which has been 
 published in Dublin. I cannot but say I am much surprised at 
 your having put Kelly’s title, in addition to the one with the 
 same words by Stevenson. I hope it will not be turned to our 
 disadvantage in the suit now pending in Chancery. How could 
 you forget the pointed remarks the Lord Chancellor made on 
 titles ? It was the principal point on which he granted the in- 
 j unction. I was particular in sending you a newspaper with 
 the report. The present song has also a large vignette of the 
 W oodpecker on the title,” b 
 
18 
 
 Tlie suit in Chancery alluded to was the one instituted against 
 Walker, but which failed in obtaining redress. 
 
 We now approach the time when differences of moment 
 began more openly to manifest themselves. On the 23rd of June 
 Mr. Bennison writes to William : — 
 
 “ I am sorry to perceive, from your letter to Mr. Grensill, that 
 you have objected to a nota hene on the receipts your brother 
 would have given for the fifth quarterly payment, pursuant to agree- 
 ment, which N.B. was only in reference to the receipt he had given 
 you for the fourth quarter when you were in town, and which you 
 had paid before the deed was signed. I, therefore wish to bring to 
 your recollection that, in my presence, you agreed to pay a 
 quarter in advance, and had actually done so, as I above state. 
 Under these circumstances, which I am likely to be called on to 
 prove, it is evident that no payment has been made these si:?^ 
 months and seventeen days ; and unless you have reconsidered 
 the agreement, and written further advice to your friend Mr^ 
 G., a termination of that deed must be the result, and both 
 parties involved in a heavy lawsuit, which I wish could be pre- 
 vented by any interference of mine.” 
 
 In addition to this, William Power at this period was evi- 
 dently not in the poet’s favour, for on the 14th of July he writes 
 to James: — 
 
 “ With respect to your brother, I fear he will make me suffer 
 for the pains I took to get him connected with us ; but I shall 
 be very grateful indeed for your keeping off as much of his an- 
 noyance from me as possible. If you are displeased with my 
 advertisement or the intention expressed in it, you have but to say 
 so and it shall be altered ; but I dare say I shall have your 
 sanction in not troubling my head about any criticism or objec- 
 tion of his, so that I may leave entirely to yourself the expla- 
 nation you think proper to make, both with respect to this 
 year’s works and the announcement we agreed to put forth in the 
 advertisement. Pray tell me how soon you think the numerous 
 delays he is throwing in your way will enable you to bring out 
 this number.* 
 
 The announcement which displeased William, *was that about 
 to be prefixed to the fifth number, published in December, 1813^ 
 
 Memoirs, &c., vol. 1, p. 357. 
 
19 
 
 in wMcli it was stated tliat tlie sixtlx number would probably 
 conclude tlie work. 
 
 William writes to his brother on the 1st of September — 
 
 Enclosed you have half of a Bank of England note for 
 fifty pounds, being payment of my portion of Mr. Moore’s 
 annuity, due the 6th. On your acknowledging its having got 
 safe to hand, and sending me the necessary receipt, I shall send 
 you the remaining half, as I do not wish this business to interfere 
 with any other account. Ooulding has been 
 
 here some days, and I know he and Willis are making arrange- 
 ments with Sir J ohn for the exclusive right of publishing all his 
 works, and Dalton, I find, has taken a very active part for them. 
 Let me know immediately what is to be done. Sooner than lose 
 him altogether I would undertake to pay him, as my portion, 
 £100 a-year, but not more.” 
 
 The negociations with Sir John were brought to a close in 
 the following month. The deed between him and James Power 
 bears date the 25th of October, 1813, by which, in consideration 
 of £250 a-year, to be paid quarterly, he agreed to arrange for 
 publication, during four years, all the musical works and compo- 
 sitions of Moore, and such other vocal works as James should 
 require, not less, however, in any year than twenty- four original 
 pieces, with songs, ballads, &c,, (by whomsoever composed) 
 except operas ; he also assigned the copyright in all such works to 
 James Power. 
 
 The proceedings against Walker, which were taken in 
 James’s name solely, being in progress, he wrote for Mr. 
 Richardson’s opinion, to which William replied on the 8th of 
 January, 1814. 
 
 Day after day since the receipt of your two last letters 
 have I been searching for the opinion of Mr. Richardson, which 
 you say you sent me, but as yet without success ; to-morrow I 
 shall make another effort, and if I succeed it shall be sent to you 
 without delay. The deed conveying to me the shares of Messrs. 
 Thompson and Browne in my house bears date the 3rd March, 
 1 807. Could I have said that Sir John’s likeness was a happy 
 production, you should have heard from me to that effect, but 
 the reverse being the case, and but little room for improvement, 
 1 thought it better to keep my opinion to myself. The proof you 
 sent me was returned with all the improvements Robertson could 
 
make. The music you forwarded on the 1 7th November I have 
 received, but much damaged. I conclude you are not for send-* 
 ing me copies of Mr. Kelly’s hymn, and as he is not at present 
 in Dublin, to get the first and second numbers from him, I beg 
 you will send me one of each in the usual way, that I may get 
 them engraved, agreeably to his wish. You are the best judge 
 of what The Flowery Land is worth to you. I suppose you are 
 not ignorant of its being printed here by him. The proofs of 
 the preface and advertisement for Mr. Moore’s vocal works have 
 not yet come to hand. The communication you wished to have 
 made to my father has been done, and he sends you his blessing.” 
 
 On the 28th of May the case against Walker came on before 
 Lord EUenborough, The result was thus announced to William 
 by James i 
 
 “ Notwithstanding you have not answered any of the letters 
 1 have written you since Mr. Moore’s arrival in town, I feel it 
 my duty to inform you that the long-expected trial with Walker 
 came on this day before Lord Ellenborough. The first witness 
 was Mr. Moore, who proved his having written the poems for 
 the work, Irish Melodies^ and his having sold the same to you. 
 John Bennison followed, who proved my purchase of the same 
 from you, but for want of a receipt or deed of sale, the title and 
 action in the present case is lost. Mr. Moore being the only 
 legal possessor of those numbers. I shall not at present say any 
 more on this subject further than that I have given directions to 
 my solicitor to commence a new action that will include Mr. 
 Moore.” 
 
 The poet. In a letter to his mother, thus refers to the triaL 
 He only notices the compliments paid to himself, 
 
 ‘‘ I had not time to tell you of my appearance at Power’s 
 trial, but Lord Ellenborough’s manner to me was of the most 
 marked respect and politeness, and was so far politic as well as 
 polite, for he has secured my silence in his favour for ever. I 
 would not from this out touch one hair of his wig< I send you a 
 report of the trial, in which his compliments to me are noticed.”* 
 
 The newspaper account sent to Mrs. Moore not being very 
 long, we venture to reproduce it for the reader’s benefit. 
 
 Memoirs, &c., vol. ii, 17. 
 
21 
 
 Court of King’s Bench, Saturday, May 28 . 
 
 Power V. Walker, 
 
 Mr. Horace Twiss for the plaintiff stated that this action 
 Was brought to try an important question of copyright. The 
 plaintiff was the proprietor of Mr. Moore’s Irish Melodies j from 
 which the defendant had pirated two of the most popular songs, 
 Fly not yet^ and FveleerCs Bower ^ not verbatim indeed, but with 
 alterations so slight as to be merely colourable ; thus where Mr, 
 Moore had written 
 
 Fly not yet, ’tis just the hour 
 When pleasure, like the midnight flower 
 That scorns the eye of vulgar light, 
 
 Begins to bloom for sons of night. 
 
 And maids who loved the moon,’ 
 
 The defendant had printed, 
 
 ^ Fly not yet, ’tis just the hour 
 
 When pleasure moves with briskest power ; 
 
 When fancy decked with pinions bright, 
 
 Exerts with sons of mirth her flight, 
 
 And lovers court the moon.’ 
 
 The learned counsel thus went through the songs of Mi% 
 Moore, and those of the defendant, reading the passages alter- 
 nately from the genuine and from the spurious copy, and com- 
 menting on the lines as he proceeded. He made a concise 
 statement of the law founded on the statute 8 Anne, chap 1 9, 
 and explained by several modern cases, from which he proved 
 the illegality of such adaptations as those of the defendant. He 
 showed that the question for a jury in such cases is not how 
 many lines or words have been changed or stolen, but whether 
 the main design be a mere colourable contrivance to invade the 
 copyright of another, which if it be in alterations, however art- 
 ful, will not avail to shelter the piracy. In this case the defen- 
 dant had even affirmed in his shop to one of the witnesses who 
 went thither as a purchaser, that the spurious songs which he 
 was selling were from the plaintiff’s work, and (which furnished 
 a further inference of his piratical design as to the words) he had 
 stolen from the plaintiff’s work even the arrangement of the 
 music. The event of the cause was highly important, not only 
 to the trade to which the plaintiff belonged, whose whole busi- 
 ness as publishers would be pilfered away from them if such 
 stratagems should be sanctioned by the law, but to men of 
 literature, whose talents are too often their sole dependence, and 
 whose compositions would yield them but a miserable pittance if 
 the booksellers and music-dealers who might purchase the copy- 
 rights were not to be protected in the enjoyment of their fruits. It 
 
22 
 
 was a question of consequence also in a national point of view 
 what class of authors should supply the poetry to be associated 
 with our popular airs : It was of importance not only to public 
 taste but to public spirit. So well ,was this fact ascertained, 
 that Government had thought it but just to give the elder 
 Dibdin a pension for the services rendered by his patriotic songs 
 in animating the brave seamen who had so long fought the 
 battles of our country, and earned for us at last the blessings of 
 the present memorable crisis. But, gentlemen (continued Mr. 
 Twiss), the defendant boasts of his irregularities with all the 
 complacence of an old warrior ; he vaunts that he has been a fire- 
 ship in the trade, and done no little execution in his time. It is the 
 happiest metaphor a pirate could have selected ; no one who was 
 not, like the defendant, poet as well as pirate, would have thought 
 of it, and it is pleasing to observe that he can thus make his 
 poetry as ornamental as his piracy, as his piracy has been useful 
 to his poetry. The present action^ however, is not the kind to 
 which this fire-ship may have been most accustomed, and I am 
 not without a hope that some of our shot may strike the 
 magazine, and blow the fire-ship fairly out of the water. 
 
 Mr. Moore was the first witness called. He proved his 
 transfer of the copyright to the plaintiff’s brother, and the defen- 
 dant’s piracies of passages in the music. 
 
 Mr. Bennison proved a transfer of copyright from the plain- 
 tiff’s brother to the plaintiff himself, by a verbal agreement, that 
 the plaintiff should have the exclusive right of publishing the 
 songs in England, and his brother in Ireland. 
 
 “ The Attorney-General, for the defendant, objected 
 that the agreement ought to have been in writing, and that at all 
 events the transfer proved by the witness did not amount to an 
 assignment, but merely to a permission of selling in England, 
 which would not be sufficient to ground a right of action. 
 
 ‘‘ Mr. Twiss contended that copyright, like all other chattel 
 interests, passed by mere verbal transfer, except where the words 
 of a particular act, such as the Statute of Frauds, requires a 
 written instrument, and argued that the expressions of the 
 witness amounted to proof of an absolute verbal agreement. 
 
 Lord Ellenborough, however, held that the statute 8th of 
 Anne, chap. 19, which gave the copyright to the author’s assigns, 
 contemplated an assignment by that sort of written instrument, 
 whereby such property is usually assigned. His lordship was 
 therefore sorry to say that for the present the plaintiff must be 
 non-suited, giving permission, however, to Mr. Twiss to move 
 for a new trial, and bestowing a very honourable eulogium on 
 the poetry of Mr. Moore. 
 
 ‘‘ The Attorney-General — I am very glad we have had 
 this case here, because it has given my learned friend Mr, Twiss 
 
23 
 
 an opportunity of showing that he can conduct a cause through 
 the seat of litigation without any apprehension of pirates or fire- 
 ships. He has proved himself as good an advocate as he is a 
 poet, for I was prepared to have convinced your lordship and the 
 jury that his statement, eloquent as it was, contained not a little 
 portion of poetry and invention.”* 
 
 Walker’s version of Fly not yet was published in a single 
 sheet, and the words were stated to be by himself. The follow- 
 ing are the remaining lines of his version, and the reader^can 
 judge from them how far they fell short of the original, or the 
 reverse. To us they appear nothing short of a display of more 
 than the usual amount of audacity: — 
 
 ’Tis now, when nature’s hushed in sleep, 
 
 That maids to meet their lovers creep. 
 
 With softest hopes and wishes glowing, 
 
 Love, and youth, and fancy flowing ; 
 
 Oh ! stay — Oh ! stay— 
 
 Joy so seldom loves to reigii. 
 
 And we may never meet again. 
 
 Then wherefore part so soon ? ' 
 
 Fly not yet, the sparkling wine. 
 
 And beauty here with lustre shine ; 
 
 Such beauty as was wont of yore 
 To grace the maids of Erin’s shore, 
 
 Then wherefore court the moon ? 
 
 Let pining lovers seek the shade. 
 
 And dream about some cruel maid. 
 
 ^ Here beauty smiles, and love complying, 
 
 Nought that virtue bids denying — 
 
 Oh ! stay — Oh ! stay — 
 
 Joy so seldom comes to reign. 
 
 And we may never meet again, 
 
 Then wherefore part so soon ? 
 
 A new action was immediately commenced in Moore’s name. 
 
 On the 6th of June, 1814, Mr. Bennison writes this some- 
 what laconic and unceremonious epistle to William Power : — 
 
 I am desired by Mr. Power to say that this day one-half of 
 
 ^ See also 3rd Maule and Selwyn’s Reports, 7 Trinity Term, 1814. 
 
24 
 
 a Bank of England post bill for £50 ha* come to hand, and that 
 he will not sign a receipt before the day he receives the whole.’’ 
 
 And on the 15th James liimself writes — 
 
 It was my intention never more to have had any written com- 
 munication with you ; however, as your presence will be necessary 
 at the trial of the ncAv action now pending in Mr. Moore’s name 
 against Walker, and which will be tried during the sitting after 
 the present term (about the 4th of next month), I have preferred 
 Avriting this once to know if I may depend on your being here at 
 the time, before I put myself to the painful necessity of resorting 
 to that mode of procedure the law has provided {suh poena). Mr. 
 Moore being the plaintiff in the present action, the defendant 
 may not admit that he was the writer of the poems in question, 
 and this, I conclude you can prove, and in addition may have the 
 original manuscript of the first and second numbers, the cor- 
 rections or alterations he made. Perhaps you will see the neces- 
 sity of an immediate ansAver.” 
 
 The poet, on the 9th of July, for the first time transferred, 
 by a formal assignment, the copyright in the first four numbers 
 to William PoAver. Writing to James, on the 1st of August, he 
 expressed dissatisfaction at the turn things had taken, and stated 
 that the only way for him to get spotless out of the scrape would 
 be to adhere to the resolution he had made Avhen in town, and 
 totally break the engagement. He added, “ I shall finish the set 
 of tAvelve sacred songs as I have begun them, but shall not take 
 anything for them ; they shall be a saintly work of supereroga- 
 tion, and a peace-offering to the bond at parting.” * He subse- 
 sequently, by letter of the 10th of September, stated that he 
 Avould continue to act under the deed upon condition that the cur- 
 rent year should not be reckoned, he wishing to confine himself to 
 his poem, and that whatever sum he had drawn on account should 
 be carried to his debit for 1815, and for this accommodation he 
 ];)romised to make a present of the tAA^elve sacred songs to J ames 
 and William jointly. To this James at first agreed, but finding, 
 as AYilliam alleged, that it Avould be advantageous to him 
 (William being anxious for some breathing time in the payment 
 of the £200 a-year, and believing that the delay would increase 
 
 Memoirs, &c., a^oI. ii., page 33. 
 
25 
 
 the public anxiety for any new work of Moore’s), withdrew his 
 consent, and insisted on the poet’s accepting payment for what he 
 had offered as a present ; and having, as he thought, induced the 
 poet to continue to act under the deed, James wrote to his 
 brother requiring him to send over his share of the last quarter’s 
 payment. Before doing so, William, on the 8th of November, 
 wrote both to his brother and the poet ; the latter did not at once 
 reply, but on the 12th, we find him writing thus to James : — 
 
 “ I have had a letter from your brother, which I shall not 
 know how to answer till I hear from you. He says you have 
 written to him that you have every reason to think I shall act 
 upon the deed this year, and that therefore you request he will 
 send over his last quarter.”* 
 
 On the 15th James acknowledges William’s letter — 
 
 I have received your letter of the 8th in answer to my 
 notice to you of my having prevailed on Mr. Moore to continue 
 to act under the deed I have with him. That notice I considered 
 it necessary to give you in the same pure spirit of equity that 
 compelled me to return the last quarterly payment you made me, 
 at which time I had Mr. Moore’s formal letter rescinding that en- 
 gagement. All I shall now say on this subject is, that I feel I 
 have discharged my duty towards you, and that I feel perfectly 
 released from that responsibility you held by the deed I gave 
 you. Any promises I made Mr. Moore were on my own account, 
 and I don’t want to make you tributary in any shape whatever in 
 the fulfilment of them. It is most sincerely my wish to preserve 
 friendship with you, but matters of business must be governed by 
 their own rules.” 
 
 The poet having visited Ireland in the following year, William 
 thought it an excellent opportunity to obtain a new assignment 
 to himself of copyright. He, in furtherance of this desire, 
 caused the necessary instrument to be prepared. It bears date 
 on the memorable 18th of June, 1815, and by it is transferred 
 Cease, O cease to tempt ” — Here’s the bower ” — Light 
 sounds the Harp ” — Love’s light summer cloud” — Oh ! soon 
 return ” — Oh ! why should the girl of my soul be in tears ? - 
 
 “ When ’midst the gay I meet” — “Wilt thou say farewell, love?’, 
 
 * Memoirs, &c., vol. ii., page 51. 
 
26 
 
 " — Love and the sundial ’’ — Oh ! why should I listen ” — “ She 
 climbed the hill ” — “ Bright leaf ” — Young Jessica ” — “ Pooh, 
 Dermot,” and “ Rabbinical Origin of Woman.” The witnesses are 
 John Rowe Power, of the city of Dublin, Esquire, and Marcus 
 Moses, of said city, apprentice to said William Power.” 
 
 The associations connected with the first-named witness are 
 somewhat of a remarkable kind. Originally a shopman in Cork, 
 IVIr. John Power, by fortunate investments in lotteries and other 
 speculations, amassed a considerable fortune, which at his death 
 amounted to seventy thousand pounds. In 1815 he was resident 
 in Dublin, having a share with Mr. Grierson in the patent as 
 King’s Printer. Being taken suddenly ill a few years ago (of 
 which illness he died in four or five days), he sent for his old ac- 
 quaintance, the late Sir Mathew Barrington, to make his will, by 
 which, after disposing of the greater amount of his property to several 
 parties, he left the residue, which turned out to be worth nearly 
 thirty thousand pounds, to Sir Mathew himself. Mr. Power 
 having died a bachelor, his relatives disputed the residuary 
 clause of the will, alleging that it had been obtained by unfair 
 means, particularly as it appeared that for twenty years at least 
 before the deceased sent for Sir Mathew, all intercourse had 
 ceased between them. The will, however, was upheld on appeal, 
 chiefly on the testimony of the late Sir Philip Crampton. Mr. 
 Power appears to have acted as witness for the poet, as he is 
 favourably alluded to in The Biary^ where the Dublin visits 
 are recorded, while no mention is ever made of William Power. 
 
 In October, 1815, WiUiam also obtained an assignment from 
 Stevenson of his interest in several works, including Here’s the 
 bower,” and Oh ! then, dearest Ellen.” The document bears 
 date on the 7th. 
 
 On the 9th of March, 1816, James writes to his brother — 
 
 “ Enclosed you have one-half of bank of England post-bi il 
 for £50, which I this day received by your directions, under 
 cover. As I long since sent you my final answer, I have nothing 
 more to say than return it. You have also enclosed the three 
 half -bills, value £100, which you sent a short time since, and 
 which I return, as you have not thought fit to comply with the 
 express condition I took charge of them on.” 
 
The ‘‘ condition referred to his demand for authority to sell 
 exclusively in Great Britain all the works of which William had 
 become the owner, and for that purpose he required to have a 
 deed executed to him, which William had an objection to. 
 
 Matters having now come to a crisis, James, on the 24th of 
 June, sent a notification to the music-sellers in England of his 
 being the only possessor of the copyright of Moore’s works, and 
 the person solely empowered to supply them. 
 
 William, on the 3rd of July, by way of retort, circulated 
 amongst the same parties a statement of his having purchased 
 the copyright of Stevenson’s works (set out in a catalogue), and 
 also the four first numbers of the Melodies ; and cautioned them 
 against purchasing from any one but himself. 
 
 ^ It became apparent that this controversy could have but one 
 termination, and we accordingly find James Power, on the 16th 
 of July,* filing his bill in the Irish Court of Chancery for a 
 performance of the agreement of the 7th November, 1811, and 
 that William might be compelled to execute to him a legal con- 
 veyance sufficient to give him an exclusive right of publishing 
 and selling in England and Scotland the first four numbers of the 
 Melodies and the other works specified in the account annexed to 
 the letters, James, on his part, offering to do anything required 
 of him by the agreement, and praying that William might be re- 
 strained by injunction from publishing or selling such Melodies 
 and works until he should have answered the complaint. 
 
 In order to prevent that very unpleasant process from 
 issuing, William filed his answer on the 1st of August, and by 
 it he relied on the previous agreement in the letters of 24th 
 November, 1809, which he accused his brother of fraudulently 
 suppressing, as they were part of the arrangement of 1811, and 
 contained matter of importance to him. 
 
 The cause never came before the court, inasmuch as a con^ 
 
 * Rolls Book, 1816, p. 231 — It was this proceeding to which Moore 
 alluded in the letter to Miss Godfrey. Writing to Janies Power, on the 
 1st of October, 1816, he says, “I have been long intending to ask you 
 whether it is probable I shall be called upon by either you or your brother 
 in the course of your law proceedings in Dublin this winter. I wish to 
 ascertain this point, as it might a good deal influence my movements on 
 leaving Derbyshire.” — Memoirs, vol. ii., p. 109. 
 
28 
 
 sent for arbitration was signed on the 2nd of December, and 
 made into an order on the 6th, to the effect, that all matters in 
 dispute between the parties should be referred to William 
 Walshe and Daniel O’Connell, barristers, arbitrators indifferently 
 chosen, whose award should be final, if made before the 20th 
 January, 1817^ 
 
 It would strike the most casual observer that to select as 
 arbitrators the counsel who had advised the proceedings at 
 both sides from the beginning, and who may well be supposed 
 to have been imbued with the feelings of their clients, was not 
 the course best calculated to give moral weight to their decision. 
 The practice, no doubt, was, and still is, by no means uncommon ; 
 but how such arbitrators can be considered as indifferently 
 chosen seems a marvel ; and in the present ease each referee was 
 regularly instructedj and paid by the party for whom he acted 
 in the same manner as if he were an advocate, and not an 
 arbitrator. 
 
 The inquiry was held on the 13th, 14th, and l5th of Decem- 
 ber, and the result arrived at as heads of an intended award was 
 thus given in writing by O’Connell, who acted for William 
 Power 
 
 Deeds of partnership, 1 799, &c., set aside, and mutual re- 
 leases executed.” 
 
 ^‘Letters of 1809 and -1811 declared void, and William 
 Power to have the works.” 
 
 William to pay arrears with interest, &c., under the d^ed of 
 1812, and to have the works.” 
 
 William to pay a portion of costs in England of proceedings 
 by James*” 
 
 “ Still open. 
 
 Damages to William for loss of works, under deed of 1812, 
 and publishing them in Ireland by James. 
 
 Damages for breach of the Exchange account.” 
 
 James Power, it was said, being dissatisfied with this de- 
 cision, left Ireland without having given his consent to the en- 
 largement of the time for making up the award, and consequently 
 the whole proceeding fell to the ground. 
 
 In July 1817, William went to London with the intention of 
 instituting proceedings in the English Court of Chancery to re- 
 
29 
 
 strain James from selling the first four numbers, but his counsel, 
 the Solicitor-General, and Mr. Blake (afterwards Chief Remem- 
 brancer in Ireland), did not approve of such a course, but recom- 
 mended an action at law. 
 
 Being fully determined not to relinquish his purpose, he sent a 
 hotice to James on the 31st of July, cautioning him against 
 selling the Melodies, or proceedings would be taken. 
 
 Notvdthstanding this James, on the 2nd of August, sold the 
 third number, and on the 4th the songs of Here's the Bower ^ and 
 Oh ! theUy dearest Ellen* 
 
 William at once commenced an action in the Common Pleas 
 at Westminster, claiming £5,000 damages. 
 
 The case was ready for hearing in the after-sittings of 
 Hilary, 1818, before Mr. Justice Dallas, but upon its being 
 called on, that judge recommended a reference to arbitration, 
 and Mr. Rose being selected arbitrator, a formal verdict for 
 the amount claimed was recorded. f 
 
 The arbitration took place on the 18th, 20th, and 25th of 
 February, 1818. The deed of 11th March, 1812, was decided 
 to be in full force, and that neither party should take advantage 
 nf any alleged breach of its provisions, the annuity to be consi^ 
 dered as fully discharged by William, who was declared exclu- 
 sively entitled to publish and sell in Ireland the publications 
 mentioned in the award. These included The Canadian Boat 
 Song^ the fifth, sixth, and seventh numbers of the Melodies (he 
 having the other four under the deed of 1812), the sacred songs, 
 and The Melologue, 
 
 It would appear that James was not dissatisfied with this 
 second arbitration, as Moore, on the 6th of April, wrote: “I can 
 
 * This song was published under the title of The Roselud of Summer^ 
 Sind was sung at Covent Garden by Miss Stevens, afterwards C'ountess of 
 Essex, with her wonted ability* 
 
 t William Power’s leading counsel was Mr. Sergeant Lens. Moore in 
 his Diary, vol. vi, p. 283, mentions an anecdote of Madame de Stael mis- 
 taking Charles Long for the sergeant, who had just then done something 
 disinterested in the way of refusing office, and saying what a pleasure and 
 honour she felt to be made known to a man who in those days could so 
 magnanimously rejeter les emplois. Lord B., who was standing by, said, 
 “ 1 beg your pardon, Madame, Mr. Long has shown his patriotism by 
 serving the crown.” 
 
30 
 
 no longer delay congratulating you on the result of the arbitra- 
 tion, which I conclude, from what you say, is as favourable as 
 you could desire. I wish you joy upon it most sincerely.” Here 
 we have another instance of questionable taste. Congratulations 
 might surely well be spared in such a case, if propriety of feel- 
 ing is to be ever taken as a guide. 
 
 Pending the completion of the deed necessary to give effect 
 to the award, William complained that his brother did not com- 
 ply with the decision arrived at, as the only work furnished to 
 him, out of all he was to publish in Ireland, was an imperfect 
 MS. of the seventh number, wanting the advertisement, giving 
 the reasons for the resumption of the work. 
 
 In December 1818, a gentleman brought William a book of 
 the seventh number to have it bound with some other music, and 
 upon being asked where he got it, replied, that he purchased it at 
 James Power’s in the Strand ; that he told the latter it was to be 
 brought to Dublin, where he resided ; on hearing which James 
 said, that he had got the start of the Irish edition and on the 
 gentleman remarking the beauty of the title-page, James observed 
 that it was much superior to the one to the Dublin issue.” Upon 
 this William took the opinion of Mr. Blake, who recommended 
 a BiU in Equity for performance of the award and deed of 1812; 
 but we have not been able to ascertain whether this advice was 
 ever followed. The probability is that it was not, the results at- 
 tained by the previous attempts having only illustrated, if that 
 were necessary, the proverbial uncertainty of legal warfare, and 
 therefore likely, on cool reflection, to discourage any further ex- 
 periment in the same field, where victory on either side would 
 have been a calamity to both. 
 
 In February 1819, the poet entered into a new engagement 
 for six years with James Power alone, who thereafter continued 
 the publication of the Melodies on his own account. 
 
 We shall conclude by simply stating, that in 1820 William 
 Power, in conjunction with the late John Gumming and others, 
 published a letter-press edition of the Melodies, terminating with 
 the seventh number. This edition is the one all subsequent Irish 
 issues have been obliged to copy, thus excluding the remainder 
 the work, which contains three additional numbers published 
 
31 
 
 in England; and wlien a recent Dublin edition, with the music, 
 was ushered in with great blowing of trumpets, it would have 
 been only candid in the publisher to have stated that his book 
 was short by some forty melodies, Perhaps, however, in this age 
 of questionable morality in trading speculations, that would have 
 been too much to expect. At all events the fact did not transpire 
 which doubtless assisted the main object, — increase of the sale. 
 
 FIVTS,