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assignees or purchasers of his original pertinent to accompany it with such right; but also that they might, if they gross abuse as the aliernative to its chose, prohibit its further use to any concession—when neither of the two country or to the world, at any time countries in question has yet recog, when any of the vagaries of human nized at all that very principle of caprice might prompt such an act, literary property on which alone the No; no such right exists in the original petitioners for International Copyright foundations of natural morals. The can attempt to plant a foundation for unanimous good sense of all the nations their claim. Has yet?-no, nor is which have legislated on the subject ever likely to do so; its recognition has not been mistaken in regarding not being asked for from their own this privilege of ownership in copyright government by those who are so vehe. or patentright as an artificial and limit- ment in demanding it from ours. ed, not a natural and absolute right of But the demand being made, it is to property. Accordingly, it has been be judged of simply as a question of granted-unlike other species of pro- expediency. It may be generous in perty-for limited terms of years, and some cases to allow to foreign authors generally confined to the subjects of some extent of copyright privilege in the legislating sovereignty. No coun our country, though we deny that they try has dreamed of protecting the have any shadow of title to claim it as copyrights or patentrights of other a right either legal or moral. Possibly countries. It is a right entirely the it may by some be regarded as expecreature of legislation, local, special, dient for the encouragement and and conventional, founded parıly on the benefit of foreign authors by our govequity of remuneration to the author ernment, on similar principles to those and his immediate family, under the on which is founded the legislation of authority of that government of which their own in their behalf; ihough we he is a subject, and partly on the con- doubt whether very many minds will sideration of that expediency which be found likely to take this view of the dictates that such privilege should be case. It certainly would not be very conferred on him and his—for a term highly expedient for the benefit of not too long to conflict with the general American authors, who are now free interest of the community-as an in- from the competition of the former in ducement to him and to others, super. the copyright market, if we may sa added to those other and higher moral term the offices of our publishing bookinfluences which bid him speak for sellers. Individuals may, if they the same reason that the bird sings, choose, volunteer to a great foreign the flower blooms, and the star shinesauthor from whose labors they have Both of these motives call for a long derived pleasure and instruction, any and liberal grant of the quasi properly tribute of their gratitude they choose privilege in question, by every govern -a far more sensible and acceptable ment which would desire thus to mode of expressing their sentiments, by reward this most valuable class of its the way, than by public balls and dincitizens, and to foster and stimulate ners. We do not doubt, that in the hour their noble toils; but no member of of Scott's need a large sum might have one political body or system can have been raised for him in this mode, the right to demand it from the gov- which it would have been as honorable ernment of another, unless by a trans- for the one party to receive as for the fer of residence he should bring himself other to give. Or if the experiment within the pale of its protection, and were tried by any of our publishers, the scope of its internal policy. It is enjoying the public respect and confivery certain, that to grant the proposed dence, of issuing the same edition of privilege to the trans-Atlantic claim- any new work by a popular English ants in the present case, would be one writer at two prices, the one a little of the extremest applications of the more than the other, as a species of principle of this moral right of pro- gratuitous author's benefit-some imperty, which, if it exist at all, must be print on the title-page distinguishing both universal and perpetual; and it between the two-a very considerable is equally certain, that it seems at number of the beneficiary edition least somewhat premature to urge would doubtless be purchased, even such a demand and not a little im. if not more than of the other; and all VOL. XII.--NO. LVI.
either recognizing a moral obligation lavished on us for hesitating to conor feeling an impulse of grateful cede the modest demand, we will only liberality, would have an opportunity say that they can produce po other of satisfying their conscience and effect than to redouble the improbaindulging their heart. But as for bility of its ever being granted. right or reason to demand it from our So much for what we have to say government as a matter of compulsory about International Copyright at this legislation, none such exists, while on present. Reversing the usual practhe other hand it would be seriously tice which prescribes the beginning of injurious to our own literature and a book as the place for the dedication, literary classes. And as for the arro we will make it the end of our Article, gance of the tone and mode in which by dedicating it to the Committee of it is insisted upon, and the imperti. Congress before which the considerapence of the abuse which has been tion of the question is now pending.
A CHAPTER ON GARDENING.*
BY A. DAVEZAC.
Whoever has sojourned in Germany the family circle, when the workinglong enough to associate much with man returns home, are on the contrary Germans, must have remarked the sin. lulled to rest by the harmony of song. gular mildness, the pleasing simplicity The madness of Saul yielded to the of manners, the elegance of habits, and harp of David. Polybius says, that the general urbanity of deportment, music softened the ferocity of the Arforming the characteristics of a peo- cadians, who inhabited a region where ple which, in order to hold a first the climate was impure and damp; rank among the great powers of the while the people of Cynæthe, who held earth, need only to be united under a that science in contempt, continued to single and national government. That be the most barbarous of the Greeks. In a people so long oppressed by a multi- Germany, music creates for the caretude of petty princes, domineered over worn laborer another and better world, by a numerous and heartless aristo- a middle region between this earth, cracy, inhabiting, too, a country often where wealth and the enjoyments it desolated by the invasion of foreign procures are allotted to the few, while armies, which for centuries have made to the many are assigned privations, it their battle-ground, should have pre- contumelies, irremediable poverty, and served, nevertheless, the primitive that future world where equality, that kindliness and amenity of their nature, banished exile from earth, has fixed its is a moral phenomenon which, while only and last abode. It is to that ideal visiting in ihat country both the pala- region, that the German peasant's ces of the greatest and the humblest mind is gently wafted on the wings of abodes of the peasantry, I have been melody, by the soft voices of his wife, tempted to attribute more to the love daughters and sons, together with the of music that obtains through all strains of his own flute or hauiboy. classes of German society, than It is music, in fact, which, while to any other cause. There the fiercer Frenchmen, Russians, and Englishmen passions kindled during a day of suf- lord it over earth and seas, has given fering and trial, instead of being ex to Germans the undisputed sway of asperated by the angry repinings of boundless imaginary space.
. The American Garden Directory, containing Practical Directions for the culture of Plants, &c. By Robert Buist, Nurseryman and Florist. Published by E. L. Carey and Hart. Philadelphia : 1839.
A Treatise on the Theory and Practice of Landscape Gardening, adapted to North America; with a view to the improvement of country residences, &c., &c. Illustrated by engravings. By A. J. Downing. New York and London: Wiley & Putnam. Boston: C. C. Little & Co. 1841,
This humanizing of a whole people clustered around them, like bees; and through its taste for one of the fine all, like bees, appeared to gather arts, has been equally wrought op from them nothing but sweetness. another nation, claiming the same There is a tradition at the Hague, that origin, through that which it has ever Johannes Secundus, the Dutch poet who manifested for painting and the kin- sang of Kisses, (whose house, near the dred harmonies of colors, such as flower markets in that city, is still to are displayed in beauteous accord be seen), always wrote with a nosegay among Howers-a visible poetry that, on his table. After hearing of this, as which goes to the heart through the I read his Basia over again,
I fancied in eye, as the poetry of sounds reaches it the poetry, besides the charm inherent through the ear. At Amsterdam, to the subject, the aroma of the flowers Utrecht, Rotterdam, the Hague, and he loved. Here, I may be allowed, above all, at Harlaem, the floral city, without digressing much, to speak of crowds of individuals of all the classes the harvest of roses which always of society are seen assembled at the draws to the fields where they are cultiflower markets, held twice a week in vated, near the Hague, numerous each of these great cities. The rich visitors. In the month of May, nothing attends them to make exclusively his can be imagined more beautiful than own, by purchase, the emeralds, the the aspect of those rose fields. The air, rubies, the sapphires of the vegetable filled with the sweet emanations, makes kingdom, in addition to those which youaware of your approach to them, behe already possessed, formed in the fore you have come in sight of them, depihs of the earth through the slow surrounded as they are by thick live elaborations of ages; but, in spite of his helges, intended to guard the young covetous eagerness to obtain the mo- buds from the inclement winds. An air nopoly even of these, nature's trea- of festival spread all around proclaims sures, the indigent too has seen these that this is no vulgar field-work. Hundazzling gems of the spring; he has dreds of young girls, dressed as if for a inhaled their perfume; and, while village holiday, commence the gatherthe variegated Camelia, the purple La- ring with appropriate songs. The first gestremia, the gaudy, inodorous Cactus, time I witnessed this novel harvest the more sweet-scented but still gor- scene, it seemed like a dream; I begeous Peony, and all the costly exotics came doubisul whether I stood on Baare borne away to spread a greater tavian ground; the ethereal sweetness lustre over the abode of opulence, the inhaled in every breeze, the earth covhumble Violet, the Rose, (now thought ered, as it were, with a green carpet emto be a vulgar flower, though still blush- broidered with roses, the melodious ing its loveliness and exhaling the most voices of so many young and beautiful exquisite of fragrance), are taken to the girls, would have indeed wasted the home of the poor, to light the gloom imagination to the milder regions of of his lowly shed-to give sweetness Greece or Italy, but that the azure eyes to the little air he is yet allowed to and golden hair of the pretty Rosières, breathe. I always attended these proclaimed them of Norman race. floral markets, and I do not remem
gathered in Holland, ber, crowded as they always are, ever strange as it may appear, are shipped to have heard a quarrel there. An to Constantinople, destined to return elegance of manners, nay, of language, to Europe so concentrated by chemical seemed inspired by the grace and art, that the perfume of ten thousand beauty of ihese ephemeral gardens; is often used by a lady to scent her every one present acted and spoke as embroidered handkerchief.* if he feared either to injure by brutal On my return home after a long acts, or to soil by the expression of in- residence in Holland, where I had witdelicate thoughis, these tender and nessed the salutary effect produced on fragile treasures of the spring. All the manners of a whole nation by a
The roses are packed up in large hogsheads, in alternate layers of flowers and salt, and pressed with great force. It appears that the salt does not destroy the essential oil which contains the aroma of the rose,
laste for gardening, I was delighted to contain splendid flower and fruit-garfind in America a growing passion for dens, green-houses and hot-houses, culbotany, in its application to the culture tivated, not as were the few unsightly of flowers and fruit-trees. This new- gardens of earlier days, by mere laborn taste ought to be fostered by the borers who stupidly witnessed the Press, since it procures both to our varied processes of germination, flowtown and country populations an ele- ering and fructification, untaught by gant and useful occupation in periods of science the beauteous system in obecomparative leisure. To females par dience to whose eternal laws these ticularly, so becomingly exempt among phenomena are governed, but by real us from all laborious tasks, it offers an botanists, men who have devoted years amusement both healthy and instruc- to the acquirement of all that Linnæus tive; one that never palls on the and Jussieu have taught and written mind which has formed a taste for a on plants. pursuit so fraught with delight. It is In an age when knowledge walks an enjoyment within the reach of every the streets, not, as in the days of Moone in our country, since whoever can lière, with a wig, and clothed in undispose of a quarter of an acre, may couth sable robes, but dressed in the enjoy the luxury of a flower garden; fashion of the time, and often in the of one, 100, from which scarcely a humblest garb of common life-when flower need now to be excluded ; for astronomy hersell, the most austere of such have been the recent improvements the muses, descending from the heights in floriculture, that the only advantage of her observatories of London, Paris, of the rich over the poor, in this respect, or Leyden, enters unceremoniously the at least, is that of possessing rare plants popular lecture-room, there to reveal, one year perhaps before the industry of ihrough a Lardner, her eloquent interthe florist-gardener has brought them peter, the laws which govern the eterwithin the reach of the humblest col. valgyrations of countless worlds, in lantager. Flowers, it may truly be said, guage so precise, so simple, so limpid, wherever they are cultivated, spread an that they become intelligible even to the air of elegant comfort and innocent unlearned,-at such an epoch, we say, mirthfulness; they grace the brow of it would not have been endured that a rural beauty in the village dance, as young botany with her garlands of Amthey adorn at her sumptuous ball the aranths, Tulips, and Hyacinths, should head of a city belle; they enliven age, continue to wear the antiquated garto which their emanations bring back ments in which that fair daughter of in pleasing associations the perfumed Linnæus was first saluted at Leyden remembrances of by-gone days.* The by the enraptured crowd. Vine, the Honeysuckle, (that sweet in In days of yore, poetry, by its enviter of the humming-bird), the chantments, had metamorphosed lovely Jasmine, and all the creepers, (inno maids and beauteous youths into trees cuous parasites, these, living almost on and flowers. Science, during the last air and water), now spread curtains of century, with power no less weird, has verdure, embroidered with gold and restored each tree, each plant, each purple, over walls and palings formerly flower, to its pristine form; endowing dark and squalid.
each, however, with life and sensibility, Industry, which ever watches the thus linking them to ihe animal king. birth of novel propensities and pursuits, dom with the silken bond of one univerhas been prompt in administering to sal spirit and universal love. this new-born taste. Philadelphia, But since we have been led by our New York, Boston, Baltimore, New subject to speak of the ancients; (and Orleans-all our large cities, already what subject of beauty, grace, har
The influence of perfume on the mind, in reviving by association remembrances which have remained long dormant in the memory, is beautifully illustrated in a passage of the “Memoirs of the Sultan Baber," the famed conqueror of Indostan. A melon was brought to him from Cabul, (that fruit was yet unknown in Indía). “When I breathed its sweet odor," says the warrior, “it brought back to my mind all the remembrances of my native land, of my friends there, and abundant tears fell from my eyes."
mony, or poesy, does not lead us back 10 the conclusion that, since Alcinoüs to the master-spirits who have embo- had gardened finely, others, before died all these in their undying works?) him, had built stately—in other words, we must be allowed to express the re- “ that the age had grown into civility.” gret we always feel as we peruse the Like all great artists, Homer paints lays of Anacreon-songs which after best where he copies nature ; even the lapse of centuries seem still to glow when describing the gods, the nymphs, with ihe rose he loved, and still to and all the inferior deities of the pagan exhale its fragrance-that the Bard heaven, he still had, as living models of Teos had scarcely another flower of set before him, the forms of mortal bright hue and sweet odor to entwine beauty which these popular divinities, with the Rose among his silver locks; the familiar visitors of man, the inhabitto wreathe the cup in which he drank ants of foresis, fields, rivers and founinspiration, pleasure, and immortality; tains, were wont to assume, and under in ihat sear season of life which, to all which they were always worshipped. but the favourite poet of Dione and It is this which makes his pictures the Graces, is one of decay and sor ever true to nature, even when he row ; for such was the poverty of the paints things supernatural. Spurning gardens of Greece in his days, that the creation of vegetable monsters, whoever sought to weave a garland his genius refused to imagine flowers of varied blossoms, after gathering he had never seen, whose odor he among these the Rose, the Narcissus, had never inhaled - the flavor of fruits the Hyacinth, the Lily, and the Violet, he had never tasted--the aspects and was driven into the fields and woods bearings of trees he had not seen to complete it out of wild-flowers. It waving in the luxuriance of their is a singular fact, attested however by foliage. It was already too bold a the historians and poets of antiquity, metaphor-he perhaps thoughi-to one, too, affirming the opinions which have feigned thai, in the garden of the we have before expressed, of the ele. Hesperides were trees bearing golden gance of manners which ever accom- appies. In imitation of Homer, all panies a fondness for horticulture, that epic poets have sung of gardens. gardening, in every age and among Virgil, who was born in the country, every nation, has always been one of the always retained, amidst all the alluremost tardy of the conguests of a high menis of the court of Augustus, the civilisation. A fact so remarkable in fond remembrance of the fields the history of human attainments did wrested from him by one of the not pass unnoticed by the sagacity of veteran soldiers of ihe triumvirs. Bacon, when, as a relaxation from Rome, its splendors, iis enchantments, graver occupations, he wrote his Essay its long glories, could never efface from on Gardens. “When ages grow tocivil. his memory the beauteous lake on ily and elegancy,” he says in that whose verdant margin he wandered, interesting composition, “men come when, in early youth, the Muses filled to build starely sooner than to garden his breast with their sacred inspirafinely, as if gardening were the greater tions. The Elysian Fields, where perfection.” In illustration of this Æneas sees the shades of Grecian and assertion of Bacon, (if, indeed, any Trojan heroes who had met au unassertion of that wonderful man re- timely death, were but the reflections quired other authority beside that of both of Mantuan scenes, and of the his name), we need only allow our magnificent gardens of Sallust and memory to travel up the long stream Lucullus; for Virgil, even when he of centuries. It matters not at what invented, still kept nature in sight. time Homer wrote, or oply sang, the Two other Italian poets, like Virgil, imperishable poems that bear his have sung of gardens; one, with equal name; it is enough that we find in one inelody of numbers; the other, borne on of these that in his days there were wings of bolder flight. The one with already gardens in Greece or in Asia— the wand of Armida, the other with (since we will not take on ourselves that of Alcina, have made verdant to decide whether the lovely isle over groves, beds of sweet flowers, to spring which the good Alcinoüs reigned up spontaneous, and crystal fountains belonged to Europe or to Asia)-in to flow amidst a dreary wilderness. order, from that isolated fact, to come Milton, too, has told of that garden, a