The Georgia mirror. (Florence, Ga.) 1838-1839, April 02, 1838, Image 4
Prom the Southern Literary Messenger. 1
RIGHTS OF AUTHORS.
N« patriotic American can do otherwise than
rejoice that his country now stands high in the
scale of nations, and that she is reverenced and
respected by every government in the world.
. he star-spangled banner of our country proudly
waves in the breeze of every dime; her*commer
cial relations and foreign trading interests, are ev
ery day becoming more and more extended and
permanent. Science and the mechanic arts,
which formerly fed on foreign bounty anu ingenu
ity, now extend their influence and develope their
powers by the efforts of native genius and talent;
and literature, which not long ago worshipped at
the shrine of foreign learning and experience, at
length rises, and by her own strength, wends her
way through the rugged and not often straight
paths of investigation and research, to the high
est st at in the temple of tame. America is gra
dually progressing thither; her early difficulties
have been romoved; new ones have arisen; but
these will be overcome by industry and persever
ance. British literature will receive that venera
tion its antiquity and dignity deserve, without the
•ervile llattory which characterised our early his
tory; while both countries will mutually exchange
those courtesies which intelligence and civiliza
tion in each require. To emulate the literary
zeal and character of our mother country, is cer
tainly creditable to our national mind; to do them
honor and reuder them justice, is unequivocally
our duty; and when this is done, we secure our
own advantage, and place our own character on a
sure foundation.
The fathers of our country had a reference to
its prosperity in the aforesaid respects, when en
goged in the formation of our constitution—an
instrument replete with judgement, discretion and
picscicnce, in so for as human calculation enuld
oxtend. It is provided that “Congress shall have
power ’ "to pvomote the progress of science and
useful arts, by securing for limited times, to au
thors and inventors, the exclusive right to their
respect,vc writings anil discoveries.” Congress
is also invested with authority to enact such laws
as shall be necessary and proper for carrying into
execution the foregoing power.” The protection
of “autiiors and inventors” from anv infringement
♦if their rights, is clearly the design of the consti
tution—its ultimate object the promotion of sci
ence and the useful arts. “Authors and inven
tors’ who may be the subjects of another gov
ernment, are not excepted by the Constitution,
which therefore virtually, or rather negatively, ac
knowledges the universality of mind—the bound
less lustre or radiance that emanates from genius
and intelligence. The productions of the mind
Wherever they originate, are illimitable in their in
fluence. I hose which are useful to every nation
should have a shield of defence thrown around
them, that will secure, to their author those rights
and that protection, which the laws of nature in
rensou and justice award to him, and which there
fore should be legally acknowledged and tendered
bv every government in every civilized nation.
; he results of intellectual labor exercise a sort of
Omnipresence and universal monarchy—for their
authority is irresistibly felt every where; their
is co extensive with the existence of mind,
f here is nothing therefore which is so clearly
embraced in the subjects of international law—no
thing which so forcibly demands reciprocal legis
lation as that protection due to genius—since the
enchanting goddess soars aloft ami wings her
flight to every part of the world, regardless of
physical and geographical boundaries. Such is
the natural inviolability of intellectual property,
that if men were governed by reason and strict
justice in their dealing with one another, there
would be no necessity for the interference of law.
This is true in respect to many things, but not
more reasonable or equitable applied to any thing
than the one in question. The sentiment of lh/n
--kershock (He Foro Lcgatorum.) as quoted by Dr.
Wheaton in his excellent work on international
l.w, is strict'y ; rplicable to the case before us.—
Ho says, “If all men arc men, that is to say, if
they make use of their reason, it must counsel
them certain thiugs which they ought to observe,
as if by mutual consent, and which, being after
wards established by usage, impose upon nations
a reciprocal obligation,” &c.' Such obligation, a
rising out of the nature of things, would be tanta
mount to law, though without its penal sanctions.
In consideration, however of the selfish pro
pensities of mankind, which expose men of talent
and genius to infringement of their rights, laws
have necessarily been enacted for their protection,
security and encouragement. In the carrying
out of our argument, it is not necessary to state
when the protecting laws of the United States
were enacted—what their benefits, or what their
usficiencics. A consideration of their present
character will suffice for our purpose. And it
must be borne in mind, that the principle for
wmch we contend, aud which ought to apply to
literature as well as science and art, has been re
cognized by a recent law of Congress. The
Hon. Henry L. Ellsworth, commissioner of pa
tents, in his report to the Secretary of State, and
transmitted to the select committee on the patent
laws, says, “The exclusion of foreigners from the
benefits of the patent law, cannot fail to be no
ticed as an exception to that reciprocity which
this government has ever cherished. Citizens of
the United are daily taking out patents in
France and England, and the subjects of those
countries are greatly disappointed in being refus
ed a similar privilege here. Congress has sanc
tioned the principle of granting patents to foreign
ers who apply to that body." This is as it should
be; tho creations of genius, the out-pourings of
intellect are thus invested with that superiority
which belongs to them. A general and mutual
incitement and encouragement will be given to
the cultivation of the inventive faculties of men
in all nations, while all may reasonably expect to
be rewarded for their toil and industry. Wc
might extend our remarks on the benefits to be
derived from so just.and righteous a law, but we
presume these will be obvious to every reflecting
Eiind; the progress of science will be promoted
and every inducement held out for enterprize and
perseverance in scientific and useful pursuits.
. , * irre i s °nc class of authors, however, whose
rights are as yet withheld and totally disregarded •
wc mean, of course, the authors of works exclu
sively literary, The anomalous character of the
existing fopy-rigbt law has very justly been the
subject of animadversion, being subversive of tho
interests both of American and foreign authors,
and opposed to the true spirit of civilization,
which regards the general good, aud aims at the
diffusion of useful knowledge. By the operation
of th, s law the eeneral good is not secured, and
he progress of sound permanent literature is im
peded. But m order to make this matter clear,
let us examine the Iqw itself as it now stands.—
The present copy-right law was approved on the
‘ J d f Februry, 1831; of epurse, it took the place
of the law passed in 1790. entitled, “An act for
the encouragement of learning,” and also super
seded the supplement to that law passed in 1802.
Inasmuch as the present law was enacted so re
cently as 1831, when the errors and discrepancies
of the old system must have been fully exposed,
it is a little singular that the prominent deficien
cies were not removed. It is true, however, that
they are not removed; and no law of the United
States respecting copy-right, awards to autiiors
in other countries the right to benefit by the pro
ductions and inventions of their own mind, in this.
The eighth section of the law referred to reads
thus: “ And he it further enacted. That nothing
m this act shall be construed to extend to prohi
bit the importation or vending, printing or pub
lishing of any map, chart, book, musical compo
sition, print or engraving, written, composed or
made by any person not being a citizen of the
United States, nor resideut within the jurisdic
tion thereof.” What a startling clause is this to
originate with the concentrated wisdom of a great
and intelligent nation! The rights of miud are
banished from our land. An individual residing
in London or Baris, or being a subject of Eng
land or France, may spend years, as is frequently
the ease, in writing or composing a work which
will benefit our race ; he has labored assiduously
in order to its completion; it appears; an early
copy is secured by an American publisher; it is
soon issued here, and the poor unfortunate au
thor receives no compensation for his labor; his
men property is sold without his consent—aye,
contrary to his expressed wish. There seems to
be no other name than fraud for such conduct;
and yet it is sanctioned by law and supported by
custom. 'I he number of those that practice tins
uncouilly behaviour towards distant friends, is so
great that they keep each other in countenance.
Thus the evil has been perpetuated, and public
opinion has not denounced the violator of inter
national obligations. We oiler the man of learn
ing, who has unceasingly labored for our improve
ment, the words of praise, and at the same mo
ment seize and retain the “golden opinions” which
his industry and research deserve. And is this
system of injustice to be continued ? Can it bo
longer borne bv intelligent Americans? No!—
The rights of Foreign authors will be acknowl
edged by the people’s representatives, and Con
gress will “render unto Ciesar the things which
are CirsarV—an international copy-right must
and will be enacted.
Every writer on this important question, who has
taken what we conceive a proper view of it, has
not failed to maintain that the present state of our
copy-right law, instead of accomplishing the tie
sign of its nactment, viz. the encouragement of
learning, has unfortunately prostrated our native
energies; by its operation the industry and re
search of American authors have been either
wholly prevented or greatly retarded. Every per
son who uses a pen must be aware of the amount
of time required to write a full page of a good
sized book, and lienee may judge how much is ne
cessary to write a volume. But the mere writing
of a book is comparatively nothing. A man of
soundjudgenient, who writes for the public good,
weighs well his thoughts—reads and meditates up
on the opinions of others. Hois at great expense
in procuring works of talent, that he may liuld
converse with departed great spirits, who,»though
dead yet speak’” He may find it necessary to re
model and rewrite his thoughts; aud after much
toil and sacrifice, much anxiety and care, his w ork
is at last perferted. The next object of the au
thor is to secure a publisher; proposals are made;
hut he finds that for years of patient, ardent and
constant investigation and research, he is to be re
warded w ith a few hundred dollars. The publish
er can scarcely be blamed, for he has no certain
prospert rd a return ol capital; and this uncer
tainty is owing to the fact, that the moiety of mo
ney set apart by the public tor the purchase of
l ooks, is expended on those innumerable reprints
of foreign novels and light publications—a taste
for which has grow n out of the system, and which
for the same cause can be had for almost ucthing.
The market is filled, ami the native author forestal
led ; his energies are crushed, and his colfer emp
ty ; so, thnt in order to obtain the necessaries of
life, he is constrained to engage in employment
more profitable, though less honorable. 'lf he
does not he must be comparatively neglected, and
suffer through penury and want. There are some
exceptions wc know—men who have not crouched
to the demon of mental oppression, but who, con
scious of their powers, have vigorously maintained
the conflict w ith predilections and prejudices, and
having proved themselves equal to the combat,
have taken rank with the greatest minds of Eu
rope. But the number is small, and will remain
so it the present system is continued, and the
country is flooded w ith reprints of foreign works
at a shamefully trifling expense. These evils have
originated in the state of the law. Is it not, there
fore grossly deficient ? The design of our legis
lators has been counteracted; learning has not
been encouraged, and an alteration is peremptorily
demanded. An international copy-right law must
be enacted, if native authors are to be encouraged
and remunerated.
It will not be difficult to show, that the copy
right law as it now stands, is injurious to the Amer
ican publisher, because it negatively refuses his
right to become the proprietor of a work the au
thor of which happens to be the subject of anoth
er government. We say negatively because a le
gitimate and reasonable construction of the law
would protect the American in the publication of
a foreign work which he has purchased, and of
w hich he is therefore the legal proprietor. In al
most every section of the law it is specified, that
the “author or proprietor” is the person to be pro
tected from any infringement of his rights; and in
reason and in law too, a citizen of the United
-States may be the legal proprietor of property
manufactured in a foreign land. It could never
be intended to except literary property. The law
does not interdict a contract between a British au
thor and an American publisher; but it does not
positively secure to him so contracting, the sole
nght to import or vend, print or publish, that
which he has paid for. The consequence is, that
those who have purchased a manuscript or early
copy of a foreign author, have been, and still are
exposed to all the evils of competition, with none
of its advantages. As soon as the work appears, it
may be, and frequently is, reprinted in a few weeks
or perhaps a few days; and this velocity of work
manship is accounted genuine enterprize. And
thus the American publisher is subjected to litera
ry spoliation and absolute plunder, through the
discrepancies of that law, which w as “intended tor
the protection and security of copy-rights.”—
These things ought not to be : protection ought to
be afforded to the legal proprietor of any work,
whether of nntive or foreign origin : a copy-right!
as well as a patent, should be “assignable in law;”
and an American publisher, who purchases a for
eign work, should he rendered secure from dep-
THE GEORGIA MIRROR.
| redations. Enough hae been said on this point
to show that the source of existing grievances is
in the law of copy-right. We may as well state
here, that in London, the world’s emporium of
literature, a publisher who purchases an American
work, is protected from piracy, we believe by law ;
but we are confident he is by that inviolable cour
tesy which one purchaser shows to another:
hence, our authors have not unfrequently receiv
ed four or five thousand dollars for a single work—
at once obtaining emolument; and we
may safely add that those of our native authors who
have attained the acme, of popularity and honora
ble affluence, sought and found them in a foreign
land. England lias done her duty. In order to
reciprocate the benefits our authors enjoy in other
lands, and to concede the privileges we receive, it
is essentially necessary, in the absence of those
principles of chivalry and courtesy which protect
the foreign publisher, that we should establish an
international law of copy-right.
We could easily show, that the system of abuse
which has obtained among us, is opposed to the
moral interests and mental cultivation of our pop
ulation collectively; but on this point shall on!v
observe, that as a light, trifling, morbid, reading
disposition has been created by it, so it has cher
ished a love of fictional, airy productions, in oppo
sition to the solid, philosophical and useful.—
Cheap novels have been published and bought, be
cause they were cheap; and while these have vi
tiated the public taste, they have also lowered the
standard of our national literature. It is more
than probable that if the law had been perfect, and
had granted to all authors their natural rights, such
evils would not have pervaded our land ; as it is, it
will require not only an alteration in law, but strong
moral courage in native autiiors and publishers to
resist the encroachments of that evil genius
cheap nonsense, and establish a literary standard
of excellence, and a just return for the same.
We must now bring our article to a close, and
feel that we cannot do better than apply to the
question before ns the language of that declara
tion, to which our fathers pledged their lives, their
fortunes and their sacred honor. Some slight al
terations are indicated bv italicised words: "Pru
dence, indeed would dictate, that practices long
established should not be changed for light and
transient causes; and accordingly all experience
hath shown, that mankind are more disposed to
sufler while evils are sufferable, than to right them
selves by abolishing the forms to which they are
accustomed. But when a long train of abases
and usurpations, pursuing invariably the same ob
ject, evinces a design to subject our nation to the
charge of injustice and oppression , it is our right,
it is our duty, to throw ofl such practices, and to
provide new guards for the security of the inviola
ble rights of genius and talent ."
A LIVE YANKEE.
A scene occurred before one of our Magistrates
in the early part of the week, which furnished
great amusement to a crowded auditory, and the
particulars of which are brief] v*as follows
‘I reckon you’re a squire, aii’t you ?• said a fel
low, as he whisked into office, his face red as a lob
ster with the heat, and the perspiration pouring
down his cheeks in a stream, which he in vain es
sayed to wipe oil with a dirty cotton handker
chief.
‘l’m a magistrate, sir—have yov any business
with me ?’
•Guess I have that. I’ve got business forvou
and two or three others. You sec I’m from Boo
ting Busting—you know where Busting is
I Kuess, don t you ?’—\\ pH, I comp right slick
down from there in a smack, with C’ap’n Joe
Whipple—our Sal was along too—oh! she’s a
heavenly splice of a crittur—and Joe Whipple too
he’s a severe one. So you see all the voyage I
kmd o’ hitched up to Sal, and Sal she kind o’
seemed to like it, and so at last I seemed to think
slic’d make a cruel good wife, for me, and told her
so. She says to me, ‘Nathan’—my name’s Na
than—Nathan Lumberfunction’s my name Na
than,* says she, ’you’re a sort of slickish man, I
guess we’ll do it.’ I reckon so too, savs I, and so
you sec with I jest give her a buss in her chops
by way o! stouter, and we fixed it all to go to some
Squire and be spiked jest as quick as ever we
could get ashore. Well, I reckon we got ashore ar
trr a while, though we had some of the most dread
fully awfullest storms that ever Mowed. Cap’n
Joe goes along shore too—he was high up for the
tun, too, 1 ran tell you, though I sort o’ thought
Sal was too awfully clever to Cap’n Joe, seeing as
how she was fully going to be my wife. Well
you see.
Magistrate —My friend, you talk a great deal
too much—can’t you come to the bottom of the
story at once ?’
‘Well, I guess I’m pretty near that, any how
—bo you see I and Sal and Cap’n Joe all goes
streaking in down to the Squire’s, I and Sal to get
married. Goin’hrng Water street, who should I
sec but Jerry Bufhnn standin in a shadboat up to
his eyes, I vow, in shad and herrin. Well, Jerry
says I, now if that don’t beat! who’d a thor’t it,—
so I an Jerry put into a shop dost by, and there we
drinked—oh, Jerusalem, how wedrinked! 'fold
Sal and Cap’n Joe to wait outside a minute or two
for I and Jerry, cause Jerry setup to volunteer to
go long too, after the drink was over.’
Mag. —Are you done ?
The complainant paused a moment, looked the
magistrate in the face, swelled out his cheeks, rai
sed his arms, but suddenly exclaimed, “Well nev
er mind that!’ and went on
‘Well, you see I and Jerry drinked there till
near night, cause I kind o’ disremembered all about
S.il and Can’n Joe. So when I comes back to the
shallop to look artcr where they’d gone to what
now do you think I saw ? By the snakes o’ Bab
ylon, Squire, there was Cap’n Joe huggin my Sal
around the neck, and right afore my face. By the
hoky, Cap’n Joe, says I what do you mean by
that are liberty ? So he said nothin to that, though
he’s ridiculous fond of talking, but he and Sal bust
out a laughin, and at last Cap’n Joe said when he
saw that I was w retchedly hurt, ‘w hy,’ says he
‘NathanSal’s my wife!’—Oh ho, says I, and jest
about let him have it slick and cruel, Squire, mind
I tell ye! n
Maj. But what do you want from me young
—‘. cant sit and listen to your nonsense.
What do you wish of me!
*1 want a warrant for to take that are Cap’n,’ re
plied the complainant in a voice of thunder, which
scared out a crowd of brats that had gathered a
round his heels during the previous harangue,
him**^ — What charge do you make against
Comj>. —I reckon 1 charge him w ith stealin" oft'
my wife! ®
jl/d/g-.—But you were not married.
Comp.—' Wrr’nt we on the way to it ? nnd that’s
the same thing, I guess.”
A/ag.—Not at all. I rannot grant vou a war
rant. \ ou’ve missed a wife by preferring a dram
Clear the office, you boys there go, begone the 1
whole of you, and the disappointed complainant
went out with the mob of gentlemen idlers, swel
ling with indignation at hia defeat, and vowing
that * he'd circumfizzle that arc varmint yet afore
he got many miles nearer Boating— Philadelphia
Paper.
A friend tells a good story of a fellow of N.
Carolina. Having been put in jail for marrying
13 wives, he mad? his escape, and was seen three
or four days afterwards by a gentleman, who re
cognized him. The gentleman, anxious to se
cure ihe reward oft'ered tor his apprehension, in
vited him to his house to dinner, and then slilv
slipped out in pursuit of a constable; but grea’t
was his horror, on his return, to find that the
culprit had absconded with his own wife.— Louis
ville Jvurnal.
A Consolation.—A lady was complaining that
she was near 30. A person who knew she was
much oliler, replied, ‘Madam, every day removes
you turthcr from your complaint.’
Napoleon being one day in company with a
beautiful and very witty lady, addressed her thus,
“Madam, I think women should out meddle with
politics.” “In a country where women are be
headed," she replied, “'it is very natural they
should like to know the reason."
Economy. —‘My dear, you use too mnch butter
on your bread.’ said a lady, who had been married
late in life, to her husband—they w ill not make
butter for less than twenty five cents a pound,
now-a-days.’ ‘1 do not know what they make it
for,’ answered lie,’ but 1 buy it to eat upuu niv
bread.
A Modest Thief —A Scotch thief having been
proved in the Glasgow polite Court, lately, to
have stolen a herring barrel, the principal accuser
proceeeed to address the Magistrate thus :
"Deed Sir Bailie, the man at the bar is a great
rogue. The stealing of the barrel is uaething to
some of his tricks. He stole my sign-board last
week, and what docs your honor think he did wT
it ?"
Magistrate—“ That would be hard for me to
fiay.”
Witness.—“Weel, sir. I’ll tell ye. He brought
it into my ain shop, wi’ my ain name on’t, and
oil ere and to sell me it, as he said he thought it
w ould be o mair use to me than ony O i ao .o
A Rhode Island constable, says the Pawtucket
Chronicle, having failed to arrest the person he
was in pursuit of, returned the writ with the en
dnrsment, “Non est come-at-ibus et railum
in swainpo," which, upon being questioned as to
its meaning by the Judge, he said it was that the
fellow got out of his reach by crossing a swamp
on a rail.
A LAUGHABLE ADVENTURE.
Not long since a reverend clergyman in New
Hampshire, being apprehensive that the accumu
lated weight of snow upon the roof of his barn
might do some damage, resolved to shovel it oft’.
He therefore ascended it; but having first,for fear
the snow might all slide oft at once, himself w ith
it, fastened to his waist one end of a rope, and
giving the other to his wife, he went to work;
hut fearing still for his safety, “My dear,” said he,
tic the rope round your waist.” No sooner had
she done this, than off went the snow, minister
and all, and up went his wife! Thus on one
side of the ham the astounded and confounded
clergyman hung, and on the other side hung his
wife, high and dry, in majesty •sublime, dingling
and dangling at the end of the rope. At°th:it
moment, however, a gentleman luckily passing
by, delivered them from their perilous situation.
Sharp. An eastern editor in alluding to a ri
val town says that “it takes several of their pigs to
pull up a blade of grass, that they are so poor, the
foremost seizes the spear in his mouth, the balance
having taken each other by the tail, when thrv all
give a pi’ll, a strong pull 'and a pull altogether,
and if it breaks, the w hole tumble to the ground,
for want of sufficient strength to suppoit them
selves. It must take three or four such pigs to
make a shadow.”
PROSPECTUS
OF THE
Southern Literary Meseeiigrr.
I HOMAS \V. WHITE, Editor and Proprietor.
fJUIIS is a monthly Magazine, devoted chiefly
A to Literature, but occasionally finding
room also for articles that fall within the scope of
Science ; and not professing an entire disdain of
tasteful selections , though its matter has been, as
it will continue to be, in the main, original.
Party Politics, and controversial Theology as
far as possible, are jealously excluded. They arc
sometimes so blended with discussions in litera
ture or in moral science, otherwise unobjection
able, as to gain admittance for the sake of the
more valuable matter to which they adhere: but
whenever that happens they are incidental, only;
not primary. They arc dross, tolerated only be
cause it cannot well be severed from the sterling
ore w herewith it is incorporated.
Reviews ami Critical Notices, occupy their
due space in the work : and it is the Editor’s aim
that they should have a threefold tendency—to
convey, in a condensed form, such valuable truths
or interesting incidents as are embodied in the
works reviewed,—to direct the reader* attention
to books that deserve to be read—and to warn
him against wasting time and money upon that
large number, which merit only to be burned. In
this age of publications that by their variety and
multitude, distract and overwhelm!! every iindis
criminating student, impartial criticism, gov
erned by the views just mentioned, is one of the
most inestimable and indispensable of auxiliaries
to him who does wish to discriminate.
Essays and Tales, having in view utility or a
musement, or both—Historical sketches and
Reminisences of events too minute for History,
yet elucidating it, and heightning its interest
may be regarded as forming tlm staple of the
work. And of indigenous Poetry, enough is
published—sometimes of no mean strain—to man
ifest aud to cultivate the growing poetical taste
and talents of our country.
The times appear, for several reasons, to de
mand such a work—and not one alone, but many.
The puhlic mind is feverish anil irritated still
from recent political strifes : The soft, assuasive
influence of Literature is needed, to allay that
fever, and soothe that irritation. Vice and folly
are rioting abroad:—They should be driven by
indignant rebuke, or lashed by ridicule, into thei'r
fitting haunts. Ignorance lord* it over an im
mense proportion of our people:—Every spring
should be set in motion, to arouse the enlighten
ed, and to increase their number; so that the
great enemy of popular government may no lon
ger brood, like a portcutious cloud, over the des
tinies of our country. And to accomplish all
these ends, what more powerful agent can be em
ployed, than a periodical on the plan of the Mes
senger; if that plan be but carried out in t>rac
tice ?
'The South peculiarly requires such an agent.
In all the Union, south of Washington, there are
but two Literary periodicals! Northward of that
city, there are probably at least twenty-five or
thirty! Is this contrast justified by the" wealth,
tho leisure, the native talent, or the actual literary
taste of the Southern people, compared with
those of the Northern? No: for in wealth, tal
ents and taste, we may justly claim, at least, an
equality with our brethren; and a domestic insti
tution exclusively our own, beyond all doubt, af
fords us, if we choose, twice the leisure for read
ing and writing which they enjoy.
It was from a deep sense of this local want, that
the word .Southern was engrafted on this peri
odical: and not with any design to uourish local
prejudices, or to advocate supposed local inter
ests. Far from any such thought, it is the Edi
tor’s fervent wish, to see the North and South
bound endearingly together, forever, in the silken
bands of mutual kindness and affection. Far
from meditating hostility to the north, he has al
ready drawn, and he hopes hereafter to draw,
much of his choicest matter thence; and happy
indeed w ill he deem himself, should his pages, bv
making each region know the other better contri
bute m any essential degree to dispel the lowering
clouds that now threaten the peace of both, and
to brighten and strengthen the sacred ties of fra
ternal love.
'lhe Southern Literary Messenger has
now reached the 11th No. of its third volume—
How far it has acted out the ideas here uttered
is not for the Editor to say. He believes, how -
ever that it falls i.ot further short of them, than
human weakness usually makes Practice fall short
of Theory.
CONDITIONS.
1. The Southern Literary Messenger is pub
lished in monthly numbers, of 64 large super
roval octavo pages each, on the best of paper, and
neatly covered, at $5 a year—payable in advance.
2. Or five new subscribers, by sending their
names and S2O at one time to the editor, will re
ceive their copies for one year, for that sum, or
at £>4 for each.
3. The risk of loss of payments for subscrip
tions, which have been properly committed to thr
mail, or to the hands of a post master, is assum
ed by the editor.
4. If a subscription is not directed to be dis
continued before the first number of the next vol
ume has been published, it will betaken as a con
tinuance for another year. Subscriptions must
commence with the beginning of the volume
and will not be taken for less than a year s pub
lirntion. * 1
5. The mutual obligations of tlm publisher and
subscriber, for the year, are fully incurred as soon
as the first number of the volume is issued : and
after that tune, no discontinuance of a subscrip
tion will be permitted. Nor will a subscription
be discontinued for any earlier notice, while any
thing thereon remains due, unless at the option
ol the Ed^nr.
CARD.
In tig patrons "f the Southern Literary Messenger.
'The startling cost at which this work has been
established, and is sustained, and the backward
ness of many subscribers in fulfilling their part of
our mutual < (impact, call indispensably fi r an ap
peal, not to their liberality—but to their justice,
it punctual payments are ever necessarv, they arc
pre-eminently so in the case of such a pubiira
tion,—purely literary—almost wholly original—
and destitute of the vital aid which 'newrpapns
derive from advertisements.
fly am. is at stake, in this enterprise.—lt is a
venture, stimulated indeed by some hope of <•
moluTp'; but founded largely, also, upon the
w-cii w arranted expectation of rally ing h, mhein
talents and Southern public spirit, around the
drooping and w ell nigh prostrate banner of Smuth
ern Literature. Since it has now acquired claims
upon Southern justice—can it be, that these arc
urged in vain ?
Subscribers then, who are in arrears—and let
them remember, that payment is due in advance,
will, I trust, without delay, transmit t le amounts
they owe to me, at Richmond, by mail, at iny
risk and cost; taking proper evidence of the fact
and date of mailing; and retaining a memoran
dum of each note sent.
. , THOMAS W. WHITE.
Richmond, Nov. 24, 1837.
pihbTpectis
to the third volume or tiie
Containing quarterly Fashion Plates, Illustrated
Articles, dj-c.
THE CHEAPEST PERIODICAL IN TIIE WORLD.
TN commencing anew volume, the publisher
X would take occasion to observe, that not only
will the same exertions be continued, which have
secured to his subscription list an ui>“xampled in
crease, but his claims upon the public favor will
be enhanced by every means which unceasing en
deavor, enlarged facilities, aud liberal expendi
ture can command.
1 he subjoined is a brief plan of the work :
Its Original Papers will be so varied as to
form a combination of the useful with the enter
taining and agreeable. These will embrace the
departments of useful science, essays, tales,
and poetry which may deserve the name.
It is the publishers design to make the Visiter
agreeable to the old and the young—to the sedate
and the gay—to mingle the valuable with the a
musing—and to pursue the tenor of his way with
the entertainment of good feelings toward all par
ties.
TERMS.— The A isiter is published every eth*
cr Saturday, on fine white paper, each number
will contain 24 large super-royal octavo pages,
enveloped in a fine printed cover, forming at the
end of the year a volume of nearly 600 pages, at
the very low price of $1 25 cents per annum in
advance, or G.| cents per number payable on de
li very.
I ost Masters, and others who will procure four
subscribers and enclose Five Dollars to the pro
prietor shall receive the sth copy gratis.
AH orders addressed to the publisher, 49 Ches
nut Street, post paid, will receive immediate at
tention.
Editors, by copying this prospectus and •' v nd<
mg a paper of the. same to the office, shall re •
ceivc the A tsiter for one year.