33 [ i08 ] 



It follows, then, from the facts and considera lions which have bren pre- 

 sented, that one copy of every hook should be denuinded of its author to be 

 preserved iji sonic public national library, both for liis own sake and for that 

 of the public. The legislature have the undoubted right to demand several 

 copies as a condition to the gi-anting of an exclusive right to the publioa- 

 tion and sale of the book, provided that they do not demand so many as to 

 impose a burden upon the publisher, and thus discourage instead of encour- 

 age the publication of books. The interest of the author and of the public 

 (which when righlly understood can never be at variance) mayalike require 

 that more than one copy should be thus deposited ; for if but one be deposi- 

 ted, and that be destroyed by fire or other casualty, the benefit ©f the 

 deposit would be lost. 



It ought to be remarked further, that the exacting of copies by the gov- 

 ernment implies an obligation to prenerve them carefully, and to make tliem 

 subservient to the purposes, both public and private, for which the deposit is 

 made. 



In this respect our own copyright law is defective. It requires the book 

 to be depositerl within three months after its publication, in the office of 

 the clerk of the district in which the author resides. It also directs the 

 clerk to transmit the copy to the State Department at Washington. It 

 makes, hoAvever, no provision for the transmission, and it establishes no 

 supervision. The consequence is, that not more than one half of the books 

 for which copyrights are secured in the country ever reach the State' De- 

 partment, and no record is transmitted when the books are not sent. 



Those books which are received are now kept in a room by themselves. 

 They are, however,lent out to persons connected with the department ; they 

 are not properly recorded ; no stamp is placed upon them for their identifi- 

 cation ; no catalogue is kept of them ; they are not accessible for general 

 use. Thus the benefit to the public is almost entirely lost. 



The supreme court has decided that the deposit of the copy in the Stale 

 Department is essential to a valid title ; but in case of the loss of the cer- 

 tificate, the author has no certain means of establishing his claims. The 

 benefit to the author is therefore lost (as in the case of Wheaton) or liable 

 to be lost, though he may have fulfilled all the conditions of the law. 



The requirement of a copy of every book and other article for which a 

 copyright is secured, for the Smithsonian Institution, and also for the library 

 of Congress, is made in the tenth section of the act of Congress establish- 



of indifferent plates published at Venice, by Faiisto Vcrantio, towards the end of the six- 

 teenth century, that an engineer who interests himself in the history ol the mechanical arts, 

 might find the lirst diagram of iron suspension bridges. 



"Nothing sliould be neglected ; nothing is useless to whoever wishes thoroughly to study a 

 subject. An astronomer who desires to study the motions jiccculiar to certain stars, requires 

 to consult all the old books of astronomy, and even of astrology which appear the most 

 replete witii error. A chemist, a man who is engaged in t!ie industrial arts, may still con- 

 sult with prolit certain works on alchemy, and even on magic. A legislator, a Jurisconsult 

 needs sometimes to be acquainted with tlie laws, the ordinances which derive their origin 

 from the most barbarous ages. But it is ]iarticularly for the l)iogra])her, lor the historian, 

 that it is necessary to prepare the largest lield of inquiry, to amass the greatest ([uantity ol 

 materials. That is not only true as regards past times, but we ought to prepare the ma- 

 terial for future students. Historical facts which appear the least important, the most 

 insignificant anecdotes registered in a pamphlet, mentioned in a placard or in a song, may be 

 connected, at a later period in an unforeseen manner, with events which accpiire great import- 

 ance, or with men who are distinguished in history by their genius, by their sudden eleva- 

 tion, or even by their crimes. We are not born celebrated ; men become so ; and when we 

 desiro to trace the history of those who have attained it, the inquirer ia often obliged to 



Mis.-3 



