Such marching, with its twenty, twenty-five, or thirty miles a day, is light compared with the harassing fatigues of a retreat, before the pursuit of a triumphant enemy. To accomplish this movement, so as to save the organization and the material of an army, without too great a loss of life, tests in the highest degree the skill of a commander and the fortitude of the men. In a retreat, the usual order of marching is reversed—the trains are sent in the advance, and the troops must remain behind for their protection. Often it happens that they are obliged to remain in line all day, to check by fighting the advance of the enemy, and then continue their march by night. The dead and wounded must, to a great extent, be left on the field; supplies are perhaps exhausted, with no opportunity for replenishment; the merciless cannon of the enemy are constantly thundering in the rear, his cavalry constantly making inroads upon the flanks. Weary, hungry, exhausted, perhaps wounded, the soldier must struggle along for days and nights, if he would avoid massacre or consignment to the cruelties of a prison. The rout of a great army—the disorganization and confusion of a retreat, even when well conducted—the toil and suffering and often slaughter—are the saddest scenes earth can present. Who can paint the terrors of that winter retreat of the French from Moscow? Fortunately, in our war we have had nothing to equal in horrors the retreats of European armies, but no one who passed through those trying seven days fighting and marching which closed the Peninsula campaign, can ever fail to shudder at the sufferings imposed on humanity by a retreat.
VIOLATIONS OF LITERARY PROPERTY.
THE FEDERALIST.—LIFE AND CHARACTER OF JOHN JAY.
Among the rights which are ill protected by law, and yet of essential importance to the individual and society, are those of literary property. If any bequest should be sacred, it is that of thought, convictions, art—the intellectual personality that survives human life—and the 'local habitation and the name' whereby genius, opinion, sentiment—what constitutes the best image and memorial of a life and a mind, a character and a career, is preserved and transmitted. And yet, with all our boasted civilization and progress, no rights are more frequently or grossly violated, no wrongs so little capable of redress, as those relating to literary property. Herein there is a singular moral obtuseness a want of chivalry, an inadequate sense of obligation—doubtless in part originating in that unjust legislation, or rather want of legislation, whereby international law protects the products of the mind and recognizes national literature as a great social interest. Within a few months, the biography of our pioneer author,[13] whose memory his life and character, not less than his genius, had singularly endeared to the whole range of English readers—was prepared by a relative designated by himself, who, with remarkable tact and fidelity, completed his delicate task, according to the materials provided and the wishes expressed by his illustrious kinsman. A London publisher reprinted the work, with eighty pages interpolated, wherein, with an utter disregard to common delicacy toward the dead or self-respect in the living, unauthentic gossip is made to desecrate the reticent and consistent tone of the work, pervert its spirit, and detract from its harmonious attraction and truth. A greater or more indecent and unjustifiable liberty was never taken by a publisher with a foreign work; it was an insult to the memory of Washington Irving, to his biographer and those who cherish his fame.
Not many weeks ago, an eloquent young divine, who had in no small degree saved the State of California to the Union, by his earnest and constant plea for national integrity, died in the midst of his useful and noble career: forthwith the publisher of a Review, in whose pages some of his early essays had appeared, announced their republication: in vain the friends and family of Starr King protested against so crude and limited a memorial of his genius, and entreated that they might be allowed to glean and garner more mature and complete fruits of his pen, as a token of his ability and his career; and thus do justice, by careful selection and well-advised preparation, to the memory they and their fellow citizens so tenderly and proudly cherished: no; the articles had been paid for, the recent death of the writer gave them a market value, and the publishers were resolved to turn them to account, however good taste and right feeling and sacred associations were violated.
Again, one of the few legal works of American origin which has a standard European reputation is Wheaton's 'International Law.' Its author was eminently national in his convictions; foreign service and patriotic instincts had made him thoroughly American in his sympathies and sentiments; no one of our diplomatic agents sent home such comprehensive and sagacious despatches, having in view 'the honor and welfare of the whole country;' and no one who knew Henry Wheaton doubts that, were he living at this hour, all his influence, hopes, and faith would be identified with the Union cause.
Yet an edition[14] of his great work has lately appeared, edited in an opposite interest; and the standard reference on the law of nations, so honorable to the legal knowledge, perspicacity, and candor of an American author, goes forth perverted and deformed by annotations and comments indirectly sympathetic with the wicked rebellion now devastating the nation. Can a greater literary outrage be imagined? Is it possible more grossly to violate the rights of the dead?
Aware that certain rules apply to the annotation of legal treatises not recognized in other departments of literature, and diffident of personal judgment in this respect, in order to ascertain how far our sense of this violation of literary property and reputation was well founded, how far we were right in asserting a partisan aim, we requested an accomplished lawyer, thoroughly versed in the literature of his profession, and experienced as an editor, to examine this edition of Wheaton, and state his own opinion thereof: to him we are indebted for the following clear and palpable instances of a perverted use of a standard American treatise, endeared to many living friends of the author, and all his intelligent and patriotic countrymen: of the 'additions' to the original by the editor, he says:
'1. They indicate considerable reading and industry, but are far too voluminous, and abound in extended extracts from speeches, state papers, and statutes, which should have been omitted altogether, or very much abridged.