American Eloquence, Volume 3: Studies In American Political History (1897)
History
American Eloquence, Volume 3: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
It will undoubtedly have struck any person, in hearing this passage read
from the speech of the Senator from Vermont, whom I regret not to see
in his seat to-day, that the whole argument, ingeniously as it is put,
rests upon this fallacy--if I may say so with due respect to him--that
a man cannot have title in property wherever the law does not give him
a remedy or process for the assertion of his title; or, in other words,
his whole argument rests upon the old confusion of ideas which considers
a man's right and his remedy to be one and the same thing. I have
already shown to you, by the passages I have cited from the opinions of
Lord Stowell and of Judge Story, how they regard this subject. They say
that the slave who goes to England, or goes to Massachusetts, from a
slave State, is still a slave, that he is still his master's property;
but that his master has lost control over him, not by reason of the
cessation of his property, but because those States grant no remedy to
the master by which he can exercise his control.
There are numerous illustrations upon this point--illustrations
furnished by the copyright laws, illustrations furnished by patent laws.
Let us take a case, one that appeals to us all. There lives now a man
in England who from time to time sings to the enchanted ear of the
civilized world strains of such melody that the charmed senses seem to
abandon the grosser regions of earth, and to rise to purer and serener
regions above. God has created that man a poet. His inspiration is his;
his songs are his by right divine; they are his property so recognized
by human law; yet here in these United States men steal Tennyson's works
and sell his property for their profit; and this because, in spite of
the violated conscience of the nation, we refuse to give him protection
for his property. Examine your Constitution; are slaves the only species
of property there recognized as requiring peculiar protection? Sir, the
inventive genius of our brethren of the North is a source of vast wealth
to them and vast benefit to the nation. I saw a short time ago in one of
the New York journals, that the estimated value of a few of the patents
now before us in this Capital for renewal, was $40,000,000. I cannot
believe that the entire capital, invested in inventions of this
character in the United States can fall short of one hundred and fifty
or two hundred million dollars. On what protection does this vast
property rest? Just upon that same constitutional protection which gives
a remedy to the slave owner when his property is, also found outside of
the limits of the State in which he lives.
Public-domain text, read in full here on John Shaqi.
American Eloquence, Volume 3: Studies In American Political History (1897) — John Shaqi
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