Recollections of Europe

by James Fenimore Cooper

I hoped that he had found the facilities he desired, in obtaining facts for the forthcoming history. He rather hesitated about admitting this. "One can hear as much as he pleases, as a gentleman, he is not always sure how much of it he can, with propriety, relate in a book; besides"—throwing all his latent humour into the expression of his small grey eyes—"one may even doubt how much of what he hears is fit for history on another account." He paused, and his face assumed an exquisite air of confiding simplicity, as he continued, with perfect bonne foi and strong Scottish feeling, "I have been to see my countryman M'Donald, and I rather think that will be about as much as I can do here, now." This was uttered with so much naïveté that I could hardly believe it was the same man who, a moment before, had shown so much shrewd distrust of oral relations of facts.

I inquired when we might expect the work "Some time in the course of the winter," he replied, "though it is likely to prove larger than I at first intended. We have got several volumes printed, but I find I must add to the matter considerably, in order to dispose of the subject. I thought I should get rid of it in seven volumes, which are already written, but it will reach, I think, to nine." "If you have two still to write, I shall not expect to see the book before spring." "You may: let me once get back to Abbotsford, and I'll soon knock off those two fellows." To this I had nothing to say, although I thought such a tour de force in writing might better suit invention than history.

When he rose to go, I begged him to step into the salon, that I might have the gratification of introducing my wife to him. To this he very good-naturedly assented, and entering the room, after presenting Mrs. —— and my nephew W——. he took a seat. He sat some little time, and his fit of pleasantry returned, for he illustrated his discourse by one or two apt anecdotes, related with a slightly Scottish accent, that he seemed to drop and assume at will. Mrs. —— observed to him that the bergère in which he was seated had been twice honoured that morning, for General Lafayette had not left it more than half an hour. Sir Walter Scott looked surprised at this, and said inquiringly, "I thought he had gone to America, to pass the rest of his days." On my explaining the true state of the case, he merely observed, "He is a great man;" and yet I thought the remark was made coldly, or in complaisance to us.

When Sir Walter left us, it was settled that I was to breakfast with him the following day but one. I was punctual, of course, and found him in a new silk douillette that he had just purchased, trying "as hard as he could," as he pleasantly observed, to make a Frenchman of himself—an undertaking as little likely to be successful, I should think, in the case of his Scottish exterior, and Scottish interior too, as any experiment well could be. There were two or three visitors, besides Miss Ann Scott, his daughter, who was his companion in the journey. He was just answering an invitation from the Princesse ——, to an evening party, as I entered. "Here," said he, "you are a friend of the lady, and parlez-vous so much better than I; can you tell me whether this is for Jeudi, or Lundi, or Mardi, or whether it means no day at all?" I told him the day of the week intended. "You get notes occasionally from the lady, or you could not read her scrawl so readily?" "She is very kind to us, and we often have occasion to read her writing." "Well, it is worth a very good dinner to get through a page of it." "I take my revenge in kind, and I fancy she has the worst of it." "I don't know, after all that she will get much the better of me with this plume d'auberge." He was quite right, for, although Sir Walter writes a smooth even hand, and one that appears rather well than otherwise on a page, it is one of the most difficult to decipher I have ever met with; the i's, u's, m's, n's, a's, e's, t's, etc., etc., for want of dots, crossings, and being fully rounded, looking all alike, and rendering the reading slow and difficult, without great familiarity with his mode of handling the pen: at least, I have found it so.

He had sealed the note, and was about writing the direction, when he seemed at a loss. "How do you address this lady—as Her Highness?" I was much surprised at this question from him, for it denoted a want of familiarity with the world, that one would not have expected in a man who had been so very much and so long courted by the great. But, after all, his life has been provincial, though, as his daughter remarked in the course of the morning, they had no occasion to quit Scotland to see the world, all the world coming to see Scotland.

The next morning he was with me again, for near an hour and we completed our little affair. After this we had a conversation on the law of copyrights in the two countries, which as we possess a common language, is a subject of great national interest. I understood him to say that he had a double right in England to his works; one under a statute, and the other growing out of common law. Any one publishing a book, let it be written by whom it might, in England, duly complying with the law, can secure the right, whereas none but a citizen can do the same in America. I regret to say that I misled him on the subject of our copyright law, which, after all, is not so much more illiberal than that of England as I had thought it.

I told Sir Walter Scott, that, in order to secure a copyright in America, it was necessary the book should never have been published anywhere else. This was said under the popular notion of the matter; or that which is entertained among the booksellers. Reflection and examination have since convinced me of my error: the publication alluded to in the law can only mean publication in America; for, as the object of doing certain acts previously to publication is merely to forewarn the American public that the right is reserved, there can be no motive for having reference to any other publication. It is, moreover, in conformity with the spirit of all laws to limit the meaning of their phrases by their proper jurisdiction. Let us suppose a case. An American writes a book, he sends a copy to England, where it is published in March complying with the terms of our own copyright law, as to the entries and notices, the same work is published here in April. Now will it be pretended that his right is lost, always providing that his own is the first American publication? I do not see how it can be so by either the letter or the spirit of the law. The intention is to encourage the citizen to write, and to give him a just property in the fruits of his labour; and the precautionary provisions of the law are merely to prevent others from being injured for want of proper information. It is of no moment to either of these objects that the author of a work has already reaped emolument in a foreign country: the principle is to encourage literature by giving it all the advantages it can obtain.

If these views are correct, why may not an English writer secure a right in this country, by selling it in season, to a citizen here? An equitable trust might not, probably would not be sufficient; but a bona fide transfer for a valuable consideration, I begin to think, would. It seems to me that all the misconception which has existed on this point has arisen from supposing that the term publication refers to other than a publication in the country. But, when one remembers how rare it is to get lawyers to agree on a question like this, it becomes a layman to advance his opinion with great humility. I suppose, after all a good way of getting an accurate notion of the meaning of the law, would be to toss a dollar into the air, and cry "heads," or "tails." Sir Walter Scott seemed fully aware of the great circulation of his books in America, as well as how much he lost by not being able to secure a copyright. Still he admitted they produced him something. Our conversation on this subject terminated by a frank offer, on his part, of aiding me with the publishers of his own country;[16] but, although grateful for the kindness, I was not so circumstanced as to be able to profit by it.

[Footnote 16: An offer that was twice renewed, after intervals of several years.]

He did not appear to me to be pleased with Paris. His notions of the French were pretty accurate, though clearly not free from the old fashioned prejudices. "After all," he remarked, "I am a true Scot, never, except on this occasion, and the short visit I made to Paris in 1815, having been out of my own country, unless to visit England, and I have even done very little of the latter." I understood him to say he had never been in Ireland, at all.