Memoirs of the Life of Sir Walter Scott, Volume 4 (of 10)Lockhart, J. G. (John Gibson)
General
Memoirs of the Life of Sir Walter Scott, Volume 4 (of 10)
Lockhart, J. G. (John Gibson)
Authors, Scottish -- 19th century -- Biography; Scott, Walter, 1771-1832
MY DEAR RICHARDSON,--I have owed you a letter this long time, but
perhaps my debt might not yet be discharged, had I not a little matter
of business to trouble you with. I wish you to lay before either the
King's counsel, or Sir Samuel Romilly and any other you may approve,
the point whether a copyright being sold for the term during which
Queen Anne's act warranted the property to the author, the price is
liable in payment of the property-tax. I contend it is not so liable,
for the following reasons: 1st, It is a patent right, expected to
produce an annual, or at least an incidental profit, during the
currency of many years; and surely it was never contended that if a
man sold a theatrical patent, or a patent for machinery, property-tax
should be levied in the first place on the full price as paid to the
seller, and then on the profits as purchased by the buyer. I am not
very expert at figures, but I think it clear that a double taxation
takes place. 2d, It should be considered that a book may be the work
not of one year, but of a man's whole life; and as it has been found,
in a late case of the Duke of Gordon, that a fall of timber was not
subject to property-tax because it comprehended the produce of thirty
years, it seems at least equally fair that mental exertions should not
be subjected to a harder principle of measurement. 3d, The demand is,
so far as I can learn, totally new and unheard of. 4th, Supposing that
I died and left my manuscripts to be sold publicly along with the rest
of my library, is there any ground for taxing what might be received
for the written book, any more than any rare printed book, which a
speculative bookseller might purchase with a view to republication?
You will know whether any of these things ought to be suggested in the
brief. David Hume, and every lawyer here whom I have spoken to,
consider the demand as illegal. Believe me truly yours,
WALTER SCOTT.
Mr. Richardson having prepared a case, obtained upon it the opinions
of Mr. Alexander (afterwards Sir William Alexander and Chief Baron
of the Exchequer) and of the late Sir Samuel Romilly. These eminent
lawyers agreed in the view of their Scotch brethren; and after a
tedious correspondence, the Lords of the Treasury at last decided
that the Income-Tax Commissioners should abandon their claim upon
the produce of literary labor. I have thought it worth while to
preserve some record of this decision, and of the authorities on
which it rested, in case such a demand should ever be renewed
hereafter.
Public-domain text, read in full here on John Shaqi.
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