EDITORIAL, 
379 
The  immediate  purpose  of  my  letter  to  our  representative  in  Congress,  was  to 
invoke  the  attention  of  the  Department  of  State  to  what  it  seems  to  me  is  a  great 
abuse  and  perversion  of  the  provisions  of  law  in  relation  to  copyrights.  The 
subject  of  copyrights  is  under  the  general  supervision  and  control  of  the  State 
Department  of  the  United  States  ;  and  officers  who  have  subordinate  duties  to 
perform  must,  to  some  extent,  be  subject  to  directions  and  instructions  from 
that  department.  Applications  are  frequently  made  to  me,  to  record,  under  the 
provisions  of  the  law  above  alluded  to,  labels  of  medicines,  compounds,  and  mix- 
tures, of  different  grades  of  pretension,  from  an  "  elixir  of  life  "  or  a  "diarrhoea 
cordial,"  to  a  hair-dye  or  a  corn-salve. 
Upon  the  occurrence  of  the  first  application  of  this  sort,  a  number  of  years 
ago,  being  asked  my  reasons  for  refusing  to  treat  the  subject  as  one  embraced 
in  the  provisions  of  the  Act,  entitled  "  An  Act  to  amend  the  several  Acts  re- 
specting copyrights,"  I  made  the  following  reply,  a  recital,  in  part  of  which,  will 
express  the  views  which  have  ever  since  governed  me,  upon  the  subject : — 
"I  am  sorry  that  my  views  of  the  Act  of  Congress,  above  mentioned,  are  such 
as  to  interfere  with  your  interests  or  wishes.  It  is  not  the  province  of  the  Clerk 
of  the  District  Court  to  'grant'  anything.  His  duties  are  ministerial,  and  upon 
the  subject  of  copyrights  he  is  bound  to  do  what  he  is  directed  to  do,  by  the 
Act  of  Congress. 
If  I  should  record  the  label  sent  by  you,  and  should  send  you  a  certificate  of 
the  fact,  I  would  thereby  '  grant '  you  nothing,  nor  would  you  gain  anything,  un- 
less the  Act  of  Congress  embrace  such  a  subject. 
I  have  examined,  with  considerable  care,  the  Act  of  Congress  above  mentioned, 
and  I  will  state  some  of  my  views  upon  it ;  from  which  you  will  infer  that  I  do 
not  think  proper  to  record  a  label  under  that  Act. 
My  opinion  is,  that  the  'map,  chart,  musical  composition,  print,*cut,  or  en- 
graving,' must  have  a  value  as  such,  and  be  intended  for  sale  as  such  ;  that 
whichever  it  may  be,  print,  cut,  engraving,  it  must  have  a  title  applicable  to 
itself,  which  title  is  to  be  recorded. 
I  am  also  of  opinion,  that  the  Act  of  Congress  was  designed  to  promote  the 
acquisition  and  diffusion  of  knowledge,  and  to  encourage  the  production  and 
publication  of  works  of  art,  the  general  purpose  being  to  advance  the  people  in 
civilization  and  refinement. 
I  think,  furthermore,  that,  by  the  Act  to  which  I  have  referred,  Congress  did 
not  intend  to  prevent  the  imitations  of  the  stamps  and  labels  of  any  manu- 
factured article,  or  goods,  or  merchandise.  That  is  a  subject  of  such  extensive 
interest  and  importance,  that,  if  it  had  been  the  intention  of  Congress,  to  em- 
brace it  in  the  provisions  of  the  law,  that  intention  would  have  been  distinctly 
and  unequivocally  manifested.  It  is  not  likely,  however,  that  such  a  provision 
by  Congress  will  ever  be  found  so  much  out  of  place,  as  it  would  be  in  'An  Act 
to  amend  the  several  Acts  respecting  copyrights.' 
Furthermore,  I  am  quite  certain  that  Congress  did  not  intend  that  this  Act 
should  be  so  prostituted,  as  to  be  made  instrumental  in  deluding  the  ignorant 
and  inconsiderate,  into  the  purchase  and  use  of  the  various  nostrums,  catholi- 
cons,  and  panaceas,  which  are  so  much  worse  than  useless  to  the  community." 
It  is  the  practice,  I  am  informed,  in  many  of  the  Judicial  Districts,  to  make 
records  of  such  labels  as  are  above  mentioned,  and  I  suppose  it  is  done  to  avoid 
the  trouble  and  ill-will  engendered  by  a  refusal.  It  is  entirely  clear,  however, 
that  such  a  practice  is  not  in  accordance  with  the  intention  and  design  of  the 
Act  of  Congress  above  mentioned  ;  and  I  have  no  doubt  that  if  the  mischiefs  of 
the  practice  were  realized,  it  would  be  discontinued. 
The  course  of  proceeding  above  mentioned,  is  that  by  which  almost  the  whole 
number  of  the  miscalled  "  patent  medicines  "  are  brought  forth.  It  would  seem 
to  be  unnecessary  to  state,  that  there  is  no  force  or  validity  whatever  in  this  pro- 
ceeding, for  such  pretended  purpose. 
There  are  means  provided  in  the  Patent  Laws,  for  securing  to  any  individual 
the  exclusive  right  to  "  any  new  and  useful  art,  machine,  manufacture,  or  com- 
position of  matter,"  which  he  may  invent ;  and  the  necessary  requirements  in 
