This subject is so important that I may be permitted to enlarge upon it, in order to make clear suggestions already made, and to array again arguments more or less familiar. I do this in the view of bringing before the inst.i.tute work worthy of its best efforts, which if successful will ent.i.tle this body to the grat.i.tude and respect of the country. I refer to the speedy revision of our confused and wholly inadequate American copyright laws, and later on to a readjustment of our international relations.

In the first place let me bring to your attention what is, to the vast body of authors, a subject of vital interest, which it is not too much to say has never received that treatment from authors themselves which its importance demands. I refer to the property of authors in their productions. In this brief s.p.a.ce and time I cannot enter fully upon this great subject, but must be content to offer certain suggestions for your consideration.

The property of an author in the product of his mental labor ought to be as absolute and unlimited as his property in the product of his physical labor. It seems to me idle to say that the two kinds of labor products are so dissimilar that the ownership cannot be protected by like laws. In this age of enlightenment such a proposition is absurd. The history of copyright law seems to show that the treatment of property in brain product has been based on this erroneous idea. To steal the paper on which an author has put his brain work into visible, tangible form is in all lands a crime, larceny, but to steal the brain work is not a crime.

The utmost extent to which our enlightened American legislators, at almost the end of the nineteenth century, have gone in protecting products of the brain has been to give the author power to sue in civil courts, at large expense, the offender who has taken and sold his property.

And what gross absurdity is the copyright law which limits even this poor defense of author's property to a brief term of years, after the expiration of which he or his children and heirs have no defense, no recognized property whatever in his products.

And for some inexplicable reason this term of years in which he may be said to own his property is divided into two terms, so that at the end of the first he is compelled to re-a.s.sert his ownership by renewing his copyright, or he must lose all ownership at the end of the short term.

It is manifest to all honest minds that if an author is ent.i.tled to own his work for a term of years, it is equally the duty of his government to make that ownership perpetual. He can own and protect and leave to his children and his children's children by will the ma.n.u.script paper on which he has written, and he should have equal right to leave to them that mental product which const.i.tutes the true money value of his labor.

It is unnecessary to say that the mental product is always as easy to be identified as the physical product. Its identification is absolutely certain to the intelligence of judges and juries. And it is apparent that the interests of a.s.signees, who are commonly publishers, are equal with those of authors, in making absolute and perpetual this property in which both are dealers.

Another consideration follows here. Why should the ownership of a bushel of wheat, a piece of silk goods, a watch, or a handkerchief in the possession of an American carried or sent to England, or brought thence to this country, be absolute and unlimited, while the ownership of his own products as an author or as a purchaser from an author is made dependent on his nationality? Why should the property of the manufacturer of cloths, carpets, satins, and any and every description of goods, be able to send his products all over the world, subject only to the tariff laws of the various countries, while the author (alone of all known producers) is forbidden to do so? The existing law of our country says to the foreign author, "You can have property in your book only if you manufacture it into salable form in this country." What would be said of the wisdom or wild folly of a law which sought to protect other American industries by forbidding the importation of all foreign manufactures?

No question of tariff protection is here involved. What duty shall be imposed upon foreign products or foreign manufactures is a question of political economy. The wrong against which authors should protest is in annexing to their terms of ownership of their property a protective tariff revision. For, be it observed, this is a subject of abstract justice, moral right, and it matters nothing whether the author be American, English, German, French, Hindoo, or Chinese,--and it is very certain that when America shall enact a simple, just, copyright law, giving to every human being the same protection of law to his property in his mental products as in the work of his hands, every civilized nation on earth will follow the n.o.ble example.

As it now stands, authors who annually produce the raw material for manufacturing purposes to an amount in value of millions, supporting vast populations of people, authors whose mental produce rivals and exceeds in commercial value many of the great staple products of our fields, are the only producers who have no distinct property in their products, who are not protected in holding on to the feeble tenure the law gives them, and whose quasi-property in their works, flimsy as it is, is limited to a few years, and cannot with certainty be handed down to their children. It will be said, it is said, that it is impossible for the author to obtain an acknowledgment of absolute right of property in his brain work. In our civilization we have not yet arrived at this state of justice. It may be so. Indeed some authors have declared that this justice would be against public policy. I trust they are sustained by the lofty thought that in this view they are rising above the petty realm of literature into the broad field of statesmanship.

But I think there will be a general agreement that in the needed revisal of our local copyright law we can attain some measure of justice. Some of the most obvious hardships can be removed. There is no reason why an author should pay for the privilege of a long life by the loss of his copyrights, and that his old age should be embittered by poverty because he cannot have the results of the labor of his vigorous years. There is no reason why if he dies young he should leave those dependent on him without support, for the public has really no more right to appropriate his book than it would have to take his house from his widow and children. His income at best is small after he has divided with the publishers.

No, there can certainly be no valid argument against extending the copyright of the author to his own lifetime, with the addition of forty or fifty years for the benefit of his heirs. I will not leave this portion of the topic without saying that a perfectly harmonious relation between authors and publishers is most earnestly to be desired, nor without the frank acknowledgment that, in literary tradition and in the present experience, many of the most n.o.ble friendships and the most generous and helpful relations have subsisted, as they ought always to subsist, between the producers and the distributors of literature, especially when the publisher has a love for literature, and the author is a reasonable being and takes pains to inform himself about the publishing business.

One aspect of the publishing business which has become increasingly prominent during the last fifteen years cannot be overlooked, for it is certain to affect seriously the production of literature as to quality, and its distribution. Capital has discovered that literature is a product out of which money can be made, in the same way that it can be made in cotton, wheat, or iron. Never before in history has so much money been invested in publishing, with the single purpose of creating and supplying the market with manufactured goods. Never before has there been such an appeal to the reading public, or such a study of its tastes, or supposed tastes, wants, likes and dislikes, coupled also with the same shrewd anxiety to ascertain a future demand that governs the purveyors of spring and fall styles in millinery and dressmaking. Not only the contents of the books and periodicals, but the covers, must be made to catch the fleeting fancy. Will the public next season wear its hose dotted or striped?

Another branch of this activity is the so-called syndicating of the author's products in the control of one salesman, in which good work and inferior work are coupled together at a common selling price and in common notoriety. This insures a wider distribution, but what is its effect upon the quality of literature? Is it your observation that the writer for a syndicate, on solicitation for a price or an order for a certain kind of work, produces as good quality as when he works independently, uninfluenced by the spirit of commercialism? The question is a serious one for the future of literature.

The consolidation of capital in great publishing establishments has its advantages and its disadvantages. It increases vastly the yearly output of books. The presses must be kept running, printers, papermakers, and machinists are interested in this. The maw of the press must be fed. The capital must earn its money. One advantage of this is that when new and usable material is not forthcoming, the "standards" and the best literature must be reproduced in countless editions, and the best literature is broadcast over the world at prices to suit all purses, even the leanest. The disadvantage is that products, in the eagerness of compet.i.tion for a market, are accepted which are of a character to harm and not help the development of the contemporary mind in moral and intellectual strength. The public expresses its fear of this in the phrase it has invented--"the sp.a.w.n of the press." The author who writes simply to supply this press, and in constant view of a market, is certain to deteriorate in his quality, nay more, as a beginner he is satisfied if he can produce something that will sell without regard to its quality. Is it extravagant to speak of a tendency to make the author merely an adjunct of the publishing house? Take as an ill.u.s.tration the publications in books and magazines relating to the late Spanish-American war. How many of them were ordered to meet a supposed market, and how many of them were the spontaneous and natural productions of writers who had something to say? I am not quarreling, you see, with the newspapers who do this sort of thing; I am speaking of the tendency of what we have been accustomed to call literature to take on the transient and hasty character of the newspaper.

In another respect, in method if not in quality, this literature approaches the newspaper. It is the habit of some publishing houses, not of all, let me distinctly say, to seek always notoriety, not to nurse and keep before the public mind the best that has been evolved from time to time, but to offer always something new. The year's flooring is threshed off and the floor swept to make room for a fresh batch. Effort eventually ceases for the old and approved, and is concentrated on experiments. This is like the conduct of a newspaper. It is a.s.sumed that the public must be startled all the time.

I speak of this freely because I think it as bad policy for the publisher as it is harmful to the public of readers. The same effort used to introduce a novelty will be much better remunerated by pushing the sale of an acknowledged good piece of literature.

Literature depends, like every other product bought by the people, upon advertising, and it needs much effort usually to arrest the attention of our hurrying public upon what it would most enjoy if it were brought to its knowledge.

It would not be easy to fix the limit in this vast country to the circulation of a good book if it were properly kept before the public.

Day by day, year by year, new readers are coming forward with curiosity and intellectual wants. The generation that now is should not be deprived of the best in the last generation. Nay more, one publication, in any form, reaches only a comparatively small portion of the public that would be interested in it. A novel, for instance, may have a large circulation in a magazine; it may then appear in a book; it may reach other readers serially again in the columns of a newspaper; it may be offered again in all the by-ways by subscription, and yet not nearly exhaust its legitimate running power. This is not a supposition but a fact proved by trial. Nor is it to be wondered at, when we consider that we have an unequaled h.o.m.ogeneous population with a similar common-school education.

In looking over publishers' lists I am constantly coming across good books out of print, which are practically unknown to this generation, and yet are more profitable, truer to life and character, more entertaining and amusing, than most of those fresh from the press month by month.

Of the effect upon the literary product of writing to order, in obedience to a merely commercial instinct, I need not enlarge to a company of authors, any more than to a company of artists I need to enlarge upon the effect of a like commercial instinct upon art.

I am aware that the evolution of literature or art in any period, in relation to the literature and art of the world, cannot be accurately judged by contemporaries and partic.i.p.ants, nor can it be predicted. But I have great expectations of the product of both in this country, and I am sure that both will be affected by the conduct of persons now living. It is for this reason that I have spoken.

THE RELATION OF LITERATURE TO LIFE

By Charles Dudley Warner

CONTENTS:

BIOGRAPHICAL SKETCH BY THOMAS R. LOUNSBURY.

THE RELATION OF LITERATURE TO LIFE

BIOGRAPHICAL SKETCH

The county of Franklin in Northwestern Ma.s.sachusetts, if not rivaling in certain ways the adjoining Berkshire, has still a romantic beauty of its own. In the former half of the nineteenth century its population was largely given up to the pursuit of agriculture, though not under altogether favorable conditions. Manufactures had not yet invaded the region either to add to its wealth or to defile its streams. The villages were small, the roads pretty generally wretched save in summer, and from many of the fields the most abundant crop that could be gathered was that of stones.

The character of the people conformed in many ways to that of the soil.

The houses which lined the opposite sides of the single street, of which the petty places largely consisted, as well as the dwellings which dotted the country, were the homes of men who possessed in fullness many of the features, good and bad, that characterized the Puritan stock to which they belonged. There was a good deal of religion in these rural communities and occasionally some culture. Still, as a rule, it must be confessed, there would be found in them much more of plain living than of high thinking. Broad thinking could hardly be said to exist at all. By the dwellers in that region Easter had scarcely even been heard of; Christmas was tolerated after a fashion, but was nevertheless looked upon with a good deal of suspicion as a Popish invention. In the beliefs of these men several sins not mentioned in the decalogue took really, if unconsciously, precedence of those which chanced to be found in that list. Dancing was distinctly immoral; card-playing led directly to gambling with all its attendant evils; theatre-going characterized the conduct of the more disreputable denizens of great cities. Fiction was not absolutely forbidden; but the most lenient regarded it as a great waste of time, and the boy who desired its solace on any large scale was under the frequent necessity of seeking the seclusion of the haymow.

But however rigid and stern the beliefs of men might be, nature was there always charming, not only in her summer beauty, but even in her wildest winter moods. Narrow, too, as might be the views of the members of these communities about the conduct of life, there was ever before the minds of the best of them an ideal of devotion to duty, an earnest all-pervading moral purpose which implanted the feeling that neither personal success nor pleasure of any sort could ever afford even remotely compensation for the neglect of the least obligation which their situation imposed. It was no misfortune for any one, who was later to be transported to a broader horizon and more genial air, to have struck the roots of his being in a soil where men felt the full sense of moral responsibility for everything said or done, and where the conscience was almost as sensitive to the suggestion of sin as to its actual accomplishment.

It was amidst such surroundings that Charles Dudley Warner was born on the 12th of September, 1829. His birthplace was the hill town of Plainfield, over two thousand feet above the level of the sea. His father, a farmer, was a man of cultivation, though not college-bred. He died when his eldest son had reached the age of five, leaving to his widow the care of two children. Three years longer the family continued to remain on the farm. But however delightful the scenery of the country might be, its aesthetic attractions did not sufficiently counterbalance its agricultural disadvantages. Furthermore, while the summers were beautiful on this high table land, the winters were long and dreary in the enforced solitude of a thinly settled region. In consequence, the farm was sold after the death of the grandfather, and the home broken up.

The mother with her two children, went to the neighboring village of Charlemont on the banks of the Deerfield. There the elder son took up his residence with his guardian and relative, a man of position and influence in the community, who was the owner of a large farm. With him he stayed until he was twelve years old, enjoying all the pleasures and doing all the miscellaneous jobs of the kind which fall to the lot of a boy brought up in an agricultural community.

The story of this particular period of his life was given by Warner in a work which was published about forty years later. It is the volume ent.i.tled "Being a Boy." Nowhere has there been drawn a truer or more vivid picture of rural New England. Nowhere else can there be found such a portrayal of the sights and sounds, the pains and pleasures of life on a farm as seen from the point of view of a boy. Here we have them all graphically represented: the daily "ch.o.r.es" that must be looked after; the driving of cows to and from the pasture; the clearing up of fields where vegetation struggled with difficulty against the prevailing stones; the climbing of lofty trees and the swaying back and forth in the wind on their topmost boughs; the hunting of woodchucks; the nutting excursions of November days, culminating in the glories of Thanksgiving; the romance of school life, over which vacations, far from being welcomed with delight, cast a gloom as involving extra work; the cold days of winter with its deep or drifting snows, the mercury of the thermometer clinging with fondness to zero, even when the sun was shining brilliantly; the long chilling nights in which the frost carved fantastic structures on the window-panes; the eager watching for the time when the sap would begin to run in the sugar-maples; the evenings given up to reading, with the inevitable inward discontent at being sent to bed too early; the longing for the mild days of spring to come, when the heavy cowhide boots could be discarded, and the boy could rejoice at last in the covering for his feet which the Lord had provided. These and scores of similar descriptions fill up the picture of the life furnished here. It was nature's own school wherein was to be gained the fullest intimacy with her spirit. While there was much which she could not teach, there was also much which she alone could teach. From his communion with her the boy learned lessons which the streets of crowded cities could never have imparted.

At the age of twelve this portion of his education came to an end. The family then moved to Cazenovia in Madison county in Central New York, from which place Warner's mother had come, and where her immediate relatives then resided. Until he went to college this was his home. There he attended a preparatory school under the direction of the Methodist Episcopal Church, which was styled the Oneida Conference Seminary. It was at this inst.i.tution that he fitted mainly for college; for to college it had been his father's dying wish that he should go, and the boy himself did not need the spur of this parting injunction. A college near his home was the excellent one of Hamilton in the not distant town of Clinton in the adjoining county of Oneida. Thither he repaired in 1848, and as he had made the best use of his advantages, he was enabled to enter the soph.o.m.ore cla.s.s. He was graduated in 1851.

But while fond of study he had all these years been doing something besides studying. The means of the family were limited, and to secure the education he desired, not only was it necessary to husband the resources he possessed, but to increase them in every possible way. Warner had all the American boy's willingness to undertake any occupation not in itself discreditable. Hence to him fell a full share of those experiences which have diversified the early years of so many men who have achieved success. He set up type in a printing office; he acted as an a.s.sistant in a bookstore; he served as clerk in a post-office. He was thus early brought into direct contact with persons of all cla.s.ses and conditions of life.

The experience gave to his keenly observant mind an insight into the nature of men which was to be of special service to him in later years.

Further, it imparted to him a familiarity with their opinions and hopes and aspirations which enabled him to understand and sympathize with feelings in which he did not always share.

During the years which immediately followed his departure from college, Warner led the somewhat desultory and apparently aimless life of many American graduates whose future depends upon their own exertions and whose choice of a career is mainly determined by circ.u.mstances. From the very earliest period of his life he had been fond of reading. It was an inherited taste. The few books he found in his childhood's home would have been almost swept out of sight in the torrent, largely of trash, which pours now in a steady stream into the humblest household. But the books, though few, were of a high quality; and because they were few they were read much, and their contents became an integral part of his intellectual equipment. Furthermore, these works of the great masters, with which he became familiar, set for him a standard by which to test the value of whatever he read, and saved him even in his earliest years from having his taste impaired and his judgment misled by the vogue of meretricious productions which every now and then gain popularity for the time. They gave him also a distinct bent towards making literature his profession. But literature, however pleasant and occasionally profitable as an avocation, was not to be thought of as a vocation. Few there are at any period who have succeeded in finding it a substantial and permanent support; at that time and in this country such a prospect was practically hopeless for any one. It is no matter of surprise, therefore, that Warner, though often deviating from the direct path, steadily gravitated toward the profession of law.

Still, even in those early days his natural inclination manifested itself. The Knickerbocker Magazine was then the chosen organ to which all young literary aspirants sent their productions. To it even in his college days Warner contributed to some extent, though it would doubtless be possible now to gather out of this collection but few pieces which, lacking his own identification, could be a.s.signed to him positively. At a later period he contributed articles to Putnam's Magazine, which began its existence in 1853. Warner himself at one time, in that period of struggle and uncertainty, expected to become an editor of a monthly which was to be started in Detroit. But before the magazine was actually set on foot the inability of the person who projected it to supply the necessary means for carrying it on prevented the failure which would inevitably have befallen a venture of that sort, undertaken at that time and in that place. Yet he showed in a way the native bent of his mind by bringing out two years after his graduation from college a volume of selections from English and American authors ent.i.tled "The Book of Eloquence." This work a publisher many years afterward took advantage of his later reputation to reprint.

This unsettled period of his life lasted for several years. He was resident for a while in various places. Part of the time he seems to have been in Cazenovia; part of the time in New York; part of the time in the West. One thing in particular there was which stood in the way of fixing definitely his choice of a profession. This was the precarious state of his health, far poorer then than it was in subsequent years. Warner, however, was never at any period of his life what is called robust. It was his exceeding temperance in all things which enabled him to venture upon the a.s.sumption and succeed in the accomplishment of tasks which men, physically far stronger than he, would have shrunk from under-taking, even had they been possessed of the same abilities. But his condition, part of that time, was such that it led him to take a course of treatment at the sanatorium in Clifton Springs. It became apparent, however, that life in the open air, for a while at least, was the one thing essential.

Under the pressure of this necessity he secured a position as one of an engineering party engaged in the survey of a railway in Missouri. In that occupation he spent a large part of 1853 and 1854. He came back from this expedition restored to health. With that result accomplished, the duty of settling definitely upon what he was to do became more urgent. Among other things he did, while living for a while with his uncle in Binghamton, N. Y., he studied law in the office of Daniel S. d.i.c.kinson.

In the Christmas season of 1854 he went with a friend on a visit to Philadelphia and stayed at the house of Philip M. Price, a prominent citizen of that place who was engaged, among other things, in the conveyancing of real estate. It will not be surprising to any one who knew the charm of his society in later life to be told that he became at once a favorite with the older man. The latter was advanced in years, he was anxious to retire from active business. Acting under his advice, Warner was induced to come to Philadelphia in 1855 and join him, and to form subsequently a partnership in legal conveyancing with another young man who had been employed in Mr. Price's office. Thus came into being the firm of Barton and Warner. Their headquarters were first in Spring Garden Street and later in Walnut Street. The future soon became sufficiently a.s.sured to justify Warner in marriage, and in October, 1856, he was wedded to Susan Lee, daughter of William Elliott Lee of New York City.

But though in a business allied to the law, Warner was not yet a lawyer.

His occupation indeed was only in his eyes a temporary makeshift while he was preparing himself for what was to be his real work in life.

Therefore, while supporting himself by carrying on the business of conveyancing, he attended the courses of study at the law department of the University of Pennsylvania, during the academic years of 1856-57 and 1857-58. From that inst.i.tution he received the degree of bachelor of law in 1858--often misstated 1856--and was ready to begin the practice of his, profession.

In those days every young man of ability and ambition was counseled to go West and grow up with the country, and was not unfrequently disposed to take that course of his own accord. Warner felt the general impulse. He had contemplated entering, in fact had pretty definitely made up his mind to enter, into a law partnership with a friend in one of the smaller places in that region. But on a tour, somewhat of exploration, he stopped at Chicago. There he met another friend, and after talking over the situation with him he decided to take up his residence in that city. So in 1858 the law-firm of Davenport and Warner came into being. It lasted until 1860. It was not exactly a favorable time for young men to enter upon the practice of this profession. The country was just beginning to recover from the depression which had followed the disastrous panic of 1857; but confidence was as yet far from being restored. The new firm did a fairly good business; but while there was sufficient work to do, there was but little money to pay for it. Still Warner would doubtless have continued in the profession had he not received an offer, the acceptance of which determined his future and changed entirely his career.

Hawley, now United States Senator from Connecticut, was Warner's senior by a few years. He had preceded him as a student at the Oneida Conference Seminary and at Hamilton College. Practicing law in Hartford, he had started in 1857, in conjunction with other leading citizens, a paper called the Evening Press. It was devoted to the advocacy of the principles of the Republican party, which was at that time still in what may be called the formative state of its existence. This was a period in which for some years the dissolution had been going on of the two old parties which had divided the country. Men were changing sides and were aligning themselves anew according to their views on questions which were every day a.s.suming greater prominence in the minds of all. There was really but one great subject talked about or thought about. It split into opposing sections the whole land over which was lowering the grim, though as yet unrecognizable, shadow of civil war. The Republican party had been in existence but a very few years, but in that short time it had attracted to its ranks the young and enthusiastic spirits of the North, just as to the other side were impelled the members of the same cla.s.s in the South. The intellectual contest which preceded the physical was stirring the hearts of all men. Hawley, who was well aware of Warner's peculiar ability, was anxious to secure his co-operation and a.s.sistance.

He urged him to come East and join him in the conduct of the new enterprise he had undertaken.