manuscript shall not be taken from the bankrupt and published without
his consent. In ordinary cases everything a bankrupt has, save the
clothes for his back and the tools of his trade, is ruthlessly torn from
him. Be it in possession, reversion, or remainder, it all goes. His
incomes for life, his reversionary hopes, are knocked down to the
speculator. In vulgar phrase, he is 'cleaned out.' But the manuscripts
of the bankrupt author, albeit they may be worth thousands, are not
recognised as property; they are not yet dedicated to the public. The
precious papers, despite all their writer's misfortunes, remain his--his
to croon and to dream over, his to alter and re-transcribe, his to
withhold, ay, his to destroy, if he should deem them, either in calm
judgment, or in a despairing hour, unhappy in their expression or
unworthy of his name.
There is something positively tender in this view. The law may be an
ass, but it is also a gentleman.
Of course, in my imaginary case, if the bankrupt were to withhold his
consent to publication, his creditors, even though it were held that the
_Almanack_ was theirs, would get nothing. I can imagine them grumbling,
and saying (what will not creditors say?): 'We fed this gentleman whilst
he was writing this precious manuscript. Our joints sustained him, our
bread filled him, our wine made him merry. Without our goods he must
have perished. By all legal analogies we ought to have a lien upon that
manuscript. We are wholly indifferent to the writer's reputation. It may
be blasted for all we care. It was not as an author but as a customer
that we supplied his very regular wants. It is now our turn to have
wants. We want to be paid.'
These amusing, though familiar, cries of distress need not disturb our
equanimity or interfere with our admiration for the sublime views as to
the sanctity of unpublished ideas entertained by the Court sitting in
Bankruptcy.
We have thus found, so far as we have gone, the profoundest respect
shown by the law both for the dormant ideas and the manuscripts of the
author. Let us now push boldly on, and inquire what happens when the
author withdraws his interdict, takes the world into his confidence, and
publishes his book.
Public-domain text, read in full here on John Shaqi.
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