Mr Speaker,--If the right honourable Baronet, in rising to make an attack on the Government, was forced to own that he was unnerved and overpowered by his sense of the importance of the question with which he had to deal, one who rises to repel that attack may, without any shame, confess that he feels similar emotions. And yet I must say that the anxiety, the natural and becoming anxiety, with which Her Majesty"s Ministers have awaited the judgment of the House on these papers, was not a little allayed by the terms of the right honourable Baronet"s motion, and has been still more allayed by his speech. It was impossible for us to doubt either his inclination or his ability to detect and to expose any fault which we might have committed, and we may well congratulate ourselves on finding that, after the closest examination into a long series of transactions, so extensive, so complicated, and, in some respects, so disastrous, so keen an a.s.sailant could produce only so futile an accusation.
In the first place, Sir, the resolution which the right honourable Baronet has moved relates entirely to events which took place before the rupture with the Chinese Government. That rupture took place in March, 1839. The right honourable Baronet therefore does not propose to pa.s.s any censure on any step which has been taken by the Government within the last thirteen months; and it will, I think, be generally admitted, that when he abstains from censuring the proceedings of the Government, it is because the most unfriendly scrutiny can find nothing in those proceedings to censure. We by no means deny that he has a perfect right to propose a vote expressing disapprobation of what was done in 1837 or 1838. At the same time, we cannot but be gratified by learning that he approves of our present policy, and of the measures which we have taken, since the rupture, for the vindication of the national honour and for the protection of the national interests.
It is also to be observed that the right honourable Baronet has not ventured, either in his motion or in his speech, to charge Her Majesty"s Ministers with any unwise or unjust act, with any act tending to lower the character of England, or to give cause of offence to China. The only sins which he imputes to them are sins of omission. His complaint is merely that they did not foresee the course which events would take at Canton, and that consequently they did not send sufficient instructions to the British resident who was stationed there. Now it is evident that such an accusation is of all accusations that which requires the fullest and most distinct proof; for it is of all accusations that which it is easiest to make and hardest to refute. A man charged with a culpable act which he has not committed has comparatively little difficulty in proving his innocence. But when the charge is merely this, that he has not, in a long and intricate series of transactions, done all that it would have been wise to do, how is he to vindicate himself? And the case which we are considering has this peculiarity, that the envoy to whom the Ministers are said to have left too large a discretion was fifteen thousand miles from them. The charge against them therefore is this, that they did not give such copious and particular directions as were sufficient, in every possible emergency, for the guidance of a functionary, who was fifteen thousand miles off. Now, Sir, I am ready to admit that, if the papers on our table related to important negotiations with a neighbouring state, if they related, for example, to a negotiation carried on with France, my n.o.ble friend the Secretary for Foreign Affairs (Lord Palmerston.) might well have been blamed for sending instructions so meagre and so vague to our amba.s.sador at Paris.
For my n.o.ble friend knows to-night what pa.s.sed between our amba.s.sador at Paris and the French Ministers yesterday; and a messenger despatched to-night from Downing Street will be at the Emba.s.sy in the Faubourg Saint Honore the day after to-morrow. But that constant and minute control, which the Foreign Secretary is bound to exercise over diplomatic agents who are near, becomes an useless and pernicious meddling when exercised over agents who are separated from him by a voyage of five months. There are on both sides of the House gentlemen conversant with the affairs of India. I appeal to those gentlemen. India is nearer to us than China. India is far better known to us than China.
Yet is it not universally acknowledged that India can be governed only in India? The authorities at home point out to a governor the general line of policy which they wish him to follow; but they do not send him directions as to the details of his administration. How indeed is it possible that they should send him such directions? Consider in what a state the affairs of this country would be if they were to be conducted according to directions framed by the ablest statesman residing in Bengal. A despatch goes hence asking for instructions while London is illuminating for the peace of Amiens. The instructions arrive when the French army is encamped at Boulogne, and when the whole island is up in arms to repel invasion. A despatch is written asking for instructions when Bonaparte is at Elba. The instructions come when he is at the Tuilleries. A despatch is written asking for instructions when he is at the Tuilleries. The instructions come when he is at St Helena. It would be just as impossible to govern India in London as to govern England at Calcutta. While letters are preparing here on the supposition that there is profound peace in the Carnatic, Hyder is at the gates of Fort St George. While letters are preparing here on the supposition that trade is flourishing and that the revenue exceeds the expenditure, the crops have failed, great agency houses have broken, and the government is negotiating a loan on hard terms. It is notorious that the great men who founded and preserved our Indian empire, Clive and Warren Hastings, treated all particular orders which they received from home as mere waste paper. Had not those great men had the sense and spirit so to treat such orders, we should not now have had an Indian empire. But the case of China is far stronger. For, though a person who is now writing a despatch to Fort William in Leadenhall Street or Cannon Row, cannot know what events have happened in India within the last two months, he may be very intimately acquainted with the general state of that country, with its wants, with its resources, with the habits and temper of the native population, and with the character of every prince and minister from Nepaul to Tanjore. But what does anybody here know of China? Even those Europeans who have been in that empire are almost as ignorant of it as the rest of us. Everything is covered by a veil, through which a glimpse of what is within may occasionally be caught, a glimpse just sufficient to set the imagination at work, and more likely to mislead than to inform. The right honourable Baronet has told us that an Englishman at Canton sees about as much of China as a foreigner who should land at Wapping and proceed no further would see of England. Certainly the sights and sounds of Wapping would give a foreigner but a very imperfect notion of our Government, of our manufactures, of our agriculture, of the state of learning and the arts among us. And yet the ill.u.s.tration is but a faint one. For a foreigner may, without seeing even Wapping, without visiting England at all, study our literature, and may thence form a vivid and correct idea of our inst.i.tutions and manners. But the literature of China affords us no such help. Obstacles unparalleled in any other country which has books must be surmounted by the student who is determined to master the Chinese tongue. To learn to read is the business of half a life. It is easier to become such a linguist as Sir William Jones was than to become a good Chinese scholar. You may count upon your fingers the Europeans whose industry and genius, even when stimulated by the most fervent religious zeal, has triumphed over the difficulties of a language without an alphabet. Here then is a country separated from us physically by half the globe, separated from us still more effectually by the barriers which the most jealous of all governments and the hardest of all languages oppose to the researches of strangers. Is it then reasonable to blame my n.o.ble friend because he has not sent to our envoys in such a country as this instructions as full and precise as it would have been his duty to send to a minister at Brussels or at the Hague? The right honourable Baronet who comes forward as the accuser on this occasion is really accusing himself. He was a member of the Government of Lord Grey. He was himself concerned in framing the first instructions which were given by my n.o.ble friend to our first Superintendent at Canton. For those instructions the right honourable Baronet frankly admits that he is himself responsible. Are those instructions then very copious and minute? Not at all. They merely lay down general principles. The Resident, for example, is enjoined to respect national usages, and to avoid whatever may shock the prejudices of the Chinese; but no orders are given him as to matters of detail.
In 1834 my n.o.ble friend quitted the Foreign Office, and the Duke of Wellington went to it. Did the Duke of Wellington send out those copious and exact directions with which, according to the right honourable Baronet, the Government is bound to furnish its agent in China? No, Sir; the Duke of Wellington, grown old in the conduct of great affairs, knows better than anybody that a man of very ordinary ability at Canton is likely to be a better judge of what ought to be done on an emergency arising at Canton than the greatest politician at Westminster can possibly be. His Grace, therefore, like a wise man as he is, wrote only one letter to the Superintendent, and in that letter merely referred the Superintendent to the general directions given by Lord Palmerston. And how, Sir, does the right honourable Baronet prove that, by persisting in the course which he himself took when in office, and which the Duke of Wellington took when in office, Her Majesty"s present advisers have brought on that rupture which we all deplore? He has read us, from the voluminous papers which are on the table, much which has but a very remote connection with the question. He has said much about things which happened before the present Ministry existed, and much about things which have happened at Canton since the rupture; but very little that is relevant to the issue raised by the resolution which he has himself proposed. That issue is simply this, whether the mismanagement of the present Ministry produced the rupture. I listened to his long and able speech with the greatest attention, and did my best to separate that part which had any relation to his motion from a great ma.s.s of extraneous matter. If my a.n.a.lysis be correct, the charge which he brings against the Government consists of four articles.
The first article is, that the Government omitted to alter that part of the original instructions which directed the Superintendent to reside at Canton.
The second article is, that the Government omitted to alter that part of the original instructions which directed the Superintendent to communicate directly with the representatives of the Emperor.
The third article is, that the Government omitted to follow the advice of the Duke of Wellington, who had left at the Foreign Office a memorandum recommending that a British ship of war should be stationed in the China sea.
The fourth article is, that the Government omitted to authorise and empower the Superintendent to put down the contraband trade carried on by British subjects with China.
Such, Sir, are the counts of this indictment. Of these counts, the fourth is the only one which will require a lengthened defence. The first three may be disposed of in very few words.
As to the first, the answer is simple. It is true that the Government did not revoke that part of the instructions which directed the Superintendent to reside at Canton; and it is true that this part of the instructions did at one time cause a dispute between the Superintendent and the Chinese authorities. But it is equally true that this dispute was accommodated early in 1837; that the Chinese Government furnished the Superintendent with a pa.s.sport authorising him to reside at Canton; that, during the two years which preceded the rupture, the Chinese Government made no objection to his residing at Canton; and that there is not in all this huge blue book one word indicating that the rupture was caused, directly or indirectly, by his residing at Canton. On the first count, therefore, I am confident that the verdict must be, Not Guilty.
To the second count we have a similar answer. It is true that there was a dispute with the authorities of Canton about the mode of communication. But it is equally true that this dispute was settled by a compromise. The Chinese made a concession as to the channel of communication. The Superintendent made a concession as to the form of communication. The question had been thus set at rest before the rupture, and had absolutely nothing to do with the rupture.
As to the third charge, I must tell the right honourable Baronet that he has altogether misapprehended that memorandum which he so confidently cites. The Duke of Wellington did not advise the Government to station a ship of war constantly in the China seas. The Duke, writing in 1835, at a time when the regular course of the trade had been interrupted, recommended that a ship of war should be stationed near Canton, "till the trade should take its regular peaceable course." Those are His Grace"s own words. Do they not imply that, when the trade had again taken its regular peaceable course, it might be right to remove the ship of war? Well, Sir, the trade, after that memorandum was written, did resume its regular peaceable course: that the right honourable Baronet himself will admit; for it is part of his own case that Sir George Robinson had succeeded in restoring quiet and security. The third charge then is simply this, that the Ministers did not do in a time of perfect tranquillity what the Duke of Wellington thought that it would have been right to do in a time of trouble.
And now, Sir, I come to the fourth charge, the only real charge; for the other three are so futile that I hardly understand how the right honourable Baronet should have ventured to bring them forward.
The fourth charge is, that the Ministers omitted to send to the Superintendent orders and powers to suppress the contraband trade, and that this omission was the cause of the rupture.
Now, Sir, let me ask whether it was not notorious, when the right honourable Baronet was in office, that British subjects carried on an extensive contraband trade with China? Did the right honourable Baronet and his colleagues instruct the Superintendent to put down that trade?
Never. That trade went on while the Duke of Wellington was at the Foreign Office. Did the Duke of Wellington instruct the Superintendent to put down that trade? No, Sir, never. Are then the followers of the right honourable Baronet, are the followers of the Duke of Wellington, prepared to pa.s.s a vote of censure on us for following the example of the right honourable Baronet and of the Duke of Wellington? But I am understating my case. Since the present Ministers came into office, the reasons against sending out such instructions were much stronger than when the right honourable Baronet was in office, or when the Duke of Wellington was in office. Down to the month of May 1838, my n.o.ble friend had good grounds for believing that the Chinese Government was about to legalise the trade in opium. It is by no means easy to follow the windings of Chinese politics. But, it is certain that about four years ago the whole question was taken into serious consideration at Pekin.
The attention of the Emperor was called to the undoubted fact, that the law which forbade the trade in opium was a dead letter. That law had been intended to guard against two evils, which the Chinese legislators seem to have regarded with equal horror, the importation of a noxious drug, and the exportation of the precious metals. It was found, however, that as many pounds of opium came in, and that as many pounds of silver went out, as if there had been no such law. The only effect of the prohibition was that the people learned to think lightly of imperial edicts, and that no part of the great sums expended in the purchase of the forbidden luxury came into the imperial treasury. These considerations were set forth in a most luminous and judicious state paper, drawn by Tang Tzee, President of the Sacrificial Offices. I am sorry to hear that this enlightened Minister has been turned out of office on account of his liberality: for to be turned out of office is, I apprehend, a much more serious misfortune in China than in England.
Tang Tzee argued that it was unwise to attempt to exclude opium, for that, while millions desired to have it, no law would keep it out, and that the manner in which it had long been brought in had produced an injurious effect both on the revenues of the state and on the morals of the people. Opposed to Tang Tzee was Tchu Sing, a statesman of a very different cla.s.s, of a cla.s.s which, I am sorry to say, is not confined to China. Tchu Sing appears to be one of those staunch conservatives who, when they find that a law is inefficient because it is too severe, imagine that they can make it efficient by making it more severe still.
His historical knowledge is much on a par with his legislative wisdom.
He seems to have paid particular attention to the rise and progress of our Indian Empire, and he informs his imperial master that opium is the weapon by which England effects her conquests. She had, it seems, persuaded the people of Hindostan to smoke and swallow this besotting drug, till they became so feeble in body and mind, that they were subjugated without difficulty. Some time appears to have elapsed before the Emperor made up his mind on the point in dispute between Tang Tzee and Tchu Sing. Our Superintendent, Captain Elliot, was of opinion that the decision would be in favour of the rational view taken by Tang Tzee; and such, as I can myself attest, was, during part of the year 1837, the opinion of the whole mercantile community of Calcutta. Indeed, it was expected that every ship which arrived in the Hoogley from Canton would bring the news that the opium trade had been declared legal. Nor was it known in London till May 1838, that the arguments of Tchu Sing had prevailed. Surely, Sir, it would have been most absurd to order Captain Elliot to suppress this trade at a time when everybody expected that it would soon cease to be contraband. The right honourable Baronet must, I think, himself admit that, till the month of May 1838, the Government here omitted nothing that ought to have been done.
The question before us is therefore reduced to very narrow limits. It is merely this: Ought my n.o.ble friend, in May 1838, to have sent out a despatch commanding and empowering Captain Elliot to put down the opium trade? I do not think that it would have been right or wise to send out such a despatch. Consider, Sir, with what powers it would have been necessary to arm the Superintendent. He must have been authorised to arrest, to confine, to send across the sea any British subject whom he might believe to have been concerned in introducing opium into China. I do not deny that, under the Act of Parliament, the Government might have invested him with this dictatorship. But I do say that the Government ought not lightly to invest any man with such a dictatorship, and, that if, in consequence of directions sent out by the Government, numerous subjects of Her Majesty had been taken into custody and shipped off to Bengal or to England without being permitted to wind up their affairs, this House would in all probability have called the Ministers to a strict account. Nor do I believe that by sending such directions the Government would have averted the rupture which has taken place. I will go further. I believe that, if such directions had been sent, we should now have been, as we are, at war with China; and that we should have been at war in circ.u.mstances singularly dishonourable and disastrous.
For, Sir, suppose that the Superintendent had been authorised and commanded by the Government to put forth an order prohibiting British subjects from trading in opium; suppose that he had put forth such an order; how was he to enforce it? The right honourable Baronet has had too much experience of public affairs to imagine that a lucrative trade will be suppressed by a sheet of paper and a seal. In England we have a preventive service which costs us half a million a year. We employ more than fifty cruisers to guard our coasts. We have six thousand effective men whose business is to intercept smugglers. And yet everybody knows that every article which is much desired, which is easily concealed, and which is heavily taxed, is smuggled into our island to a great extent.
The quant.i.ty of brandy which comes in without paying duty is known to be not less than six hundred thousand gallons a year. Some people think that the quant.i.ty of tobacco which is imported clandestinely is as great as the quant.i.ty which goes through the custom-houses. Be this as it may, there is no doubt that the illicit importation is enormous. It has been proved before a Committee of this House that not less than four millions of pounds of tobacco have lately been smuggled into Ireland. And all this, observe, has been done in spite of the most efficient preventive service that I believe ever existed in the world. Consider too that the price of an ounce of opium is far, very far higher than the price of a pound of tobacco. Knowing this, knowing that the whole power of King, Lords, and Commons cannot here put a stop to a traffic less easy, and less profitable than the traffic in opium, can you believe that an order prohibiting the traffic in opium would have been readily obeyed?
Remember by what powerful motives both the buyer and the seller would have been impelled to deal with each other. The buyer would have been driven to the seller by something little short of torture, by a physical craving as fierce and impatient as any to which our race is subject.
For, when stimulants of this sort have been long used, they are desired with a rage which resembles the rage of hunger. The seller would have been driven to the buyer by the hope of vast and rapid gain. And do you imagine that the intense appet.i.te on one side for what had become a necessary of life, and on the other for riches, would have been appeased by a few lines signed Charles Elliot? The very utmost effect which it is possible to believe that such an order would have produced would have been this, that the opium trade would have left Canton, where the dealers were under the eye of the Superintendent, and where they would have run some risk of being punished by him, and would have spread itself along the coast. If we know anything about the Chinese Government, we know this, that its coastguard is neither trusty nor efficient; and we know that a coastguard as trusty and efficient as our own would not be able to cut off communication between the merchant longing for silver and the smoker longing for his pipe. Whole fleets of vessels would have managed to land their cargoes along the sh.o.r.e.
Conflicts would have arisen between our countrymen and the local magistrates, who would not, like the authorities of Canton, have had some knowledge of European habits and feelings. The mere malum prohibitum would, as usual, have produced the mala in se. The unlawful traffic would inevitably have led to a crowd of acts, not only unlawful, but immoral. The smuggler would, by the almost irresistible force of circ.u.mstances, have been turned into a pirate. We know that, even at Canton, where the smugglers stand in some awe of the authority of the Superintendent and of the opinion of an English society which contains many respectable persons, the illicit trade has caused many brawls and outrages. What, then, was to be expected when every captain of a ship laden with opium would have been the sole judge of his own conduct? It is easy to guess what would have happened. A boat is sent ash.o.r.e to fill the water-casks and to buy fresh provisions. The provisions are refused.
The sailors take them by force. Then a well is poisoned. Two or three of the ship"s company die in agonies. The crew in a fury land, shoot and stab every man whom they meet, and sack and burn a village. Is this improbable? Have not similar causes repeatedly produced similar effects?
Do we not know that the jealous vigilance with which Spain excluded the ships of other nations from her Transatlantic possessions turned men who would otherwise have been honest merchant adventurers into buccaneers?
The same causes which raised up one race of buccaneers in the Gulf of Mexico would soon have raised up another in the China Sea. And can we doubt what would in that case have been the conduct of the Chinese authorities at Canton? We see that Commissioner Lin has arrested and confined men of spotless character, men whom he had not the slightest reason to suspect of being engaged in any illicit commerce. He did so on the ground that some of their countrymen had violated the revenue laws of China. How then would he have acted if he had learned that the red-headed devils had not merely been selling opium, but had been fighting, plundering, slaying, burning? Would he not have put forth a proclamation in his most vituperative style, setting forth that the Outside Barbarians had undertaken to stop the contraband trade, but that they had been found deceivers, that the Superintendent"s edict was a mere pretence, that there was more smuggling than ever, that to the smuggling had been added robbery and murder, and that therefore he should detain all men of the guilty race as hostages till reparation should be made? I say, therefore, that, if the Ministers had done that which the right honourable Baronet blames them for not doing, we should only have reached by a worse way the point at which we now are.
I have now, Sir, gone through the four heads of the charge brought against the Government; and I say with confidence that the interruption of our friendly relations with China cannot justly be imputed to any one of the omissions mentioned by the right honourable Baronet. In truth, if I could feel a.s.sured that no gentleman would vote for the motion without attentively reading it, and considering whether the proposition which it affirms has been made out, I should have no uneasiness as to the result of this debate. But I know that no member weighs the words of a resolution for which he is asked to vote, as he would weigh the words of an affidavit which he was asked to swear. And I am aware that some persons, for whose humanity and honesty I entertain the greatest respect, are inclined to divide with the right honourable Baronet, not because they think that he has proved his case, but because they have taken up a notion that we are making war for the purpose of forcing the Government of China to admit opium into that country, and that, therefore, we richly deserve to be censured. Certainly, Sir, if we had been guilty of such absurdity and such atrocity as those gentlemen impute to us, we should deserve not only censure but condign punishment.
But the imputation is altogether unfounded. Our course was clear. We may doubt indeed whether the Emperor of China judged well in listening to Tchu Sing and disgracing Tang Tzee. We may doubt whether it be a wise policy to exclude altogether from any country a drug which is often fatally abused, but which to those who use it rightly is one of the most precious boons vouchsafed by Providence to man, powerful to a.s.suage pain, to soothe irritation, and to restore health. We may doubt whether it be a wise policy to make laws for the purpose of preventing the precious metals from being exported in the natural course of trade. We have learned from all history, and from our own experience, that revenue cutters, custom-house officers, informers, will never keep out of any country foreign luxuries of small bulk for which consumers are willing to pay high prices, and will never prevent gold and silver from going abroad in exchange for such luxuries. We cannot believe that what England with her skilfully organised fiscal system and her gigantic marine, has never been able to effect, will be accomplished by the junks which are at the command of the mandarins of China. But, whatever our opinion on these points may be, we are perfectly aware that they are points which it belongs not to us but to the Emperor of China to decide.
He had a perfect right to keep out opium and to keep in silver, if he could do so by means consistent with morality and public law. If his officers seized a chest of the forbidden drug, we were not ent.i.tled to complain; nor did we complain. But when, finding that they could not suppress the contraband trade by just means, they resorted to means flagrantly unjust, when they imprisoned our innocent countrymen, when they insulted our Sovereign in the person of her representative, then it became our duty to demand satisfaction. Whether the opium trade be a pernicious trade is not the question. Take a parallel case: take the most execrable crime that ever was called a trade, the African slave trade. You will hardly say that a contraband trade in opium is more immoral than a contraband trade in negroes. We prohibited slave-trading: we made it felony; we made it piracy; we invited foreign powers to join with us in putting it down; to some foreign powers we paid large sums in order to obtain their co-operation; we employed our naval force to intercept the kidnappers; and yet it is notorious that, in spite of all our exertions and sacrifices, great numbers of slaves were, even as late as ten or twelve years ago, introduced from Madagascar into our own island of Mauritius. a.s.suredly it was our right, it was our duty, to guard the coasts of that island strictly, to stop slave ships, to bring the buyers and sellers to punishment. But suppose, Sir, that a ship under French colours was seen skulking near the island, that the Governor was fully satisfied from her build, her rigging, and her movements, that she was a slaver, and was only waiting for the night to put on sh.o.r.e the wretches who were in her hold. Suppose that, not having a sufficient naval force to seize this vessel, he were to arrest thirty or forty French merchants, most of whom had never been suspected of slave-trading, and were to lock them up. Suppose that he were to lay violent hands on the French consul. Suppose that the Governor were to threaten to starve his prisoners to death unless they produced the proprietor of the slaver. Would not the French Government in such a case have a right to demand reparation? And, if we refused reparation, would not the French Government have a right to exact reparation by arms? And would it be enough for us to say, "This is a wicked trade, an inhuman trade. Think of the misery of the poor creatures who are torn from their homes. Think of the horrors of the middle pa.s.sage. Will you make war in order to force us to admit slaves into our colonies?" Surely the answer of the French would be, "We are not making war in order to force you to admit slaves into the Mauritius. By all means keep them out. By all means punish every man, French or English, whom you can convict of bringing them in. What we complain of is that you have confounded the innocent with the guilty, and that you have acted towards the representative of our government in a manner inconsistent with the law of nations. Do not, in your zeal for one great principle, trample on all the other great principles of morality." Just such are the grounds on which Her Majesty has demanded reparation from China. And was it not time? See, Sir, see how rapidly injury has followed injury. The Imperial Commissioner, emboldened by the facility with which he had perpetrated the first outrage, and utterly ignorant of the relative position of his country and ours in the scale of power and civilisation, has risen in his requisitions. He began by confiscating property. His next demand was for innocent blood. A Chinese had been slain. Careful inquiry was made; but it was impossible to ascertain who was the slayer, or even to what nation the slayer belonged. No matter. It was notified to the Superintendent that some subject of the Queen, innocent or guilty, must be delivered up to suffer death. The Superintendent refused to comply.
Then our countrymen at Canton were seized. Those who were at Macao were driven thence: not men alone, but women with child, babies at the breast. The fugitives begged in vain for a morsel of bread. Our Lascars, people of a different colour from ours, but still our fellow-subjects, were flung into the sea. An English gentleman was barbarously mutilated.
And was this to be borne? I am far from thinking that we ought, in our dealings with such a people as the Chinese, to be litigious on points of etiquette. The place of our country among the nations of the world is not so mean or so ill ascertained that we need resent mere impertinence, which is the effect of a very pitiable ignorance. Conscious of superior power, we can bear to hear our Sovereign described as a tributary of the Celestial Empire. Conscious of superior knowledge we can bear to hear ourselves described as savages dest.i.tute of every useful art. When our amba.s.sadors were required to perform a prostration, which in Europe would have been considered as degrading, we were rather amused than irritated. It would have been unworthy of us to have recourse to arms on account of an uncivil phrase, or of a dispute about a ceremony. But this is not a question of phrases and ceremonies. The liberties and lives of Englishmen are at stake: and it is fit that all nations, civilised and uncivilised, should know that, wherever the Englishman may wander, he is followed by the eye and guarded by the power of England.
I was much touched, and so, I dare say, were many other gentlemen, by a pa.s.sage in one of Captain Elliot"s despatches. I mean that pa.s.sage in which he describes his arrival at the factory in the moment of extreme danger. As soon as he landed he was surrounded by his countrymen, all in an agony of distress and despair. The first thing which he did was to order the British flag to be brought from his boat and planted in the balcony. The sight immediately revived the hearts of those who had a minute before given themselves up for lost. It was natural that they should look up with hope and confidence to that victorious flag. For it reminded them that they belonged to a country unaccustomed to defeat, to submission, or to shame; to a country which had exacted such reparation for the wrongs of her children as had made the ears of all who heard of it to tingle; to a country which had made the Dey of Algiers humble himself to the dust before her insulted Consul; to a country which had avenged the victims of the Black Hole on the Field of Pla.s.sey; to a country which had not degenerated since the Great Protector vowed that he would make the name of Englishman as much respected as ever had been the name of Roman citizen. They knew that, surrounded as they were by enemies, and separated by great oceans and continents from all help, not a hair of their heads would be harmed with impunity. On this part of the subject I believe that both the great contending parties in this House are agreed. I did not detect in the speech of the right honourable Baronet,--and I listened to that speech with the closest attention,--one word indicating that he is less disposed than we to insist on full satisfaction for the great wrong which has been done. I cannot believe that the House will pa.s.s a vote of censure so grossly unjust as that which he has moved. But I rejoice to think that, whether we are censured or not, the national honour will still be safe. There may be a change of men; but, as respects China, there will be no change of measures. I have done; and have only to express my fervent hope that this most righteous quarrel may be prosecuted to a speedy and triumphant close; that the brave men to whom is intrusted the task of exacting reparation may perform their duty in such a manner as to spread, throughout regions in which the English name is hardly known, the fame not only of English skill and valour, but of English mercy and moderation; and that the overruling care of that gracious Providence which has so often brought good out of evil may make the war to which we have been forced the means of establishing a durable peace, beneficial alike to the victors and the vanquished.
COPYRIGHT. (FEBRUARY 5, 1841) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 5TH OF FEBRUARY 1841.
On the twenty-ninth of January 1841, Mr Serjeant Talfourd obtained leave to bring in a bill to amend the law of copyright. The object of this bill was to extend the term of copyright in a book to sixty years, reckoned from the death of the writer.
On the fifth of February Mr Serjeant Talfourd moved that the bill should be read a second time. In reply to him the following Speech was made.
The bill was rejected by 45 votes to 38.
Though, Sir, it is in some sense agreeable to approach a subject with which political animosities have nothing to do, I offer myself to your notice with some reluctance. It is painful to me to take a course which may possibly be misunderstood or misrepresented as unfriendly to the interests of literature and literary men. It is painful to me, I will add, to oppose my honourable and learned friend on a question which he has taken up from the purest motives, and which he regards with a parental interest. These feelings have hitherto kept me silent when the law of copyright has been under discussion. But as I am, on full consideration, satisfied that the measure before us will, if adopted, inflict grievous injury on the public, without conferring any compensating advantage on men of letters, I think it my duty to avow that opinion and to defend it.
The first thing to be done, Sir, is to settle on what principles the question is to be argued. Are we free to legislate for the public good, or are we not? Is this a question of expediency, or is it a question of right? Many of those who have written and pet.i.tioned against the existing state of things treat the question as one of right. The law of nature, according to them, gives to every man a sacred and indefeasible property in his own ideas, in the fruits of his own reason and imagination. The legislature has indeed the power to take away this property, just as it has the power to pa.s.s an act of attainder for cutting off an innocent man"s head without a trial. But, as such an act of attainder would be legal murder, so would an act invading the right of an author to his copy be, according to these gentlemen, legal robbery.
Now, Sir, if this be so, let justice be done, cost what it may. I am not prepared, like my honourable and learned friend, to agree to a compromise between right and expediency, and to commit an injustice for the public convenience. But I must say, that his theory soars far beyond the reach of my faculties. It is not necessary to go, on the present occasion, into a metaphysical inquiry about the origin of the right of property; and certainly nothing but the strongest necessity would lead me to discuss a subject so likely to be distasteful to the House. I agree, I own, with Paley in thinking that property is the creature of the law, and that the law which creates property can be defended only on this ground, that it is a law beneficial to mankind. But it is unnecessary to debate that point. For, even if I believed in a natural right of property, independent of utility and anterior to legislation, I should still deny that this right could survive the original proprietor.
Few, I apprehend, even of those who have studied in the most mystical and sentimental schools of moral philosophy, will be disposed to maintain that there is a natural law of succession older and of higher authority than any human code. If there be, it is quite certain that we have abuses to reform much more serious than any connected with the question of copyright. For this natural law can be only one; and the modes of succession in the Queen"s dominions are twenty. To go no further than England, land generally descends to the eldest son. In Kent the sons share and share alike. In many districts the youngest takes the whole. Formerly a portion of a man"s personal property was secured to his family; and it was only of the residue that he could dispose by will. Now he can dispose of the whole by will: but you limited his power, a few years ago, by enacting that the will should not be valid unless there were two witnesses. If a man dies intestate, his personal property generally goes according to the statute of distributions; but there are local customs which modify that statute. Now which of all these systems is conformed to the eternal standard of right? Is it primogeniture, or gavelkind, or borough English? Are wills jure divino?
Are the two witnesses jure divino? Might not the pars rationabilis of our old law have a fair claim to be regarded as of celestial inst.i.tution? Was the statute of distributions enacted in Heaven long before it was adopted by Parliament? Or is it to Custom of York, or to Custom of London, that this preeminence belongs? Surely, Sir, even those who hold that there is a natural right of property must admit that rules prescribing the manner in which the effects of deceased persons shall be distributed are purely arbitrary, and originate altogether in the will of the legislature. If so, Sir, there is no controversy between my honourable and learned friend and myself as to the principles on which this question is to be argued. For the existing law gives an author copyright during his natural life; nor do I propose to invade that privilege, which I should, on the contrary, be prepared to defend strenuously against any a.s.sailant. The only point in issue between us is, how long after an author"s death the State shall recognise a copyright in his representatives and a.s.signs; and it can, I think, hardly be disputed by any rational man that this is a point which the legislature is free to determine in the way which may appear to be most conducive to the general good.
We may now, therefore, I think, descend from these high regions, where we are in danger of being lost in the clouds, to firm ground and clear light. Let us look at this question like legislators, and after fairly balancing conveniences and inconveniences, p.r.o.nounce between the existing law of copyright, and the law now proposed to us. The question of copyright, Sir, like most questions of civil prudence, is neither black nor white, but grey. The system of copyright has great advantages and great disadvantages; and it is our business to ascertain what these are, and then to make an arrangement under which the advantages may be as far as possible secured, and the disadvantages as far as possible excluded. The charge which I bring against my honourable and learned friend"s bill is this, that it leaves the advantages nearly what they are at present, and increases the disadvantages at least fourfold.
The advantages arising from a system of copyright are obvious. It is desirable that we should have a supply of good books; we cannot have such a supply unless men of letters are liberally remunerated; and the least objectionable way of remunerating them is by means of copyright.
You cannot depend for literary instruction and amus.e.m.e.nt on the leisure of men occupied in the pursuits of active life. Such men may occasionally produce compositions of great merit. But you must not look to such men for works which require deep meditation and long research.
Works of that kind you can expect only from persons who make literature the business of their lives. Of these persons few will be found among the rich and the n.o.ble. The rich and the n.o.ble are not impelled to intellectual exertion by necessity. They may be impelled to intellectual exertion by the desire of distinguishing themselves, or by the desire of benefiting the community. But it is generally within these walls that they seek to signalise themselves and to serve their fellow-creatures.
Both their ambition and their public spirit, in a country like this, naturally take a political turn. It is then on men whose profession is literature, and whose private means are not ample, that you must rely for a supply of valuable books. Such men must be remunerated for their literary labour. And there are only two ways in which they can be remunerated. One of those ways is patronage; the other is copyright.
There have been times in which men of letters looked, not to the public, but to the government, or to a few great men, for the reward of their exertions. It was thus in the time of Maecenas and Pollio at Rome, of the Medici at Florence, of Louis the Fourteenth in France, of Lord Halifax and Lord Oxford in this country. Now, Sir, I well know that there are cases in which it is fit and graceful, nay, in which it is a sacred duty to reward the merits or to relieve the distresses of men of genius by the exercise of this species of liberality. But these cases are exceptions. I can conceive no system more fatal to the integrity and independence of literary men than one under which they should be taught to look for their daily bread to the favour of ministers and n.o.bles. I can conceive no system more certain to turn those minds which are formed by nature to be the blessings and ornaments of our species into public scandals and pests.
We have, then, only one resource left. We must betake ourselves to copyright, be the inconveniences of copyright what they may. Those inconveniences, in truth, are neither few nor small. Copyright is monopoly, and produces all the effects which the general voice of mankind attributes to monopoly. My honourable and learned friend talks very contemptuously of those who are led away by the theory that monopoly makes things dear. That monopoly makes things dear is certainly a theory, as all the great truths which have been established by the experience of all ages and nations, and which are taken for granted in all reasonings, may be said to be theories. It is a theory in the same sense in which it is a theory that day and night follow each other, that lead is heavier than water, that bread nourishes, that a.r.s.enic poisons, that alcohol intoxicates. If, as my honourable and learned friend seems to think, the whole world is in the wrong on this point, if the real effect of monopoly is to make articles good and cheap, why does he stop short in his career of change? Why does he limit the operation of so salutary a principle to sixty years? Why does he consent to anything short of a perpetuity? He told us that in consenting to anything short of a perpetuity he was making a compromise between extreme right and expediency. But if his opinion about monopoly be correct, extreme right and expediency would coincide. Or rather, why should we not restore the monopoly of the East India trade to the East India Company? Why should we not revive all those old monopolies which, in Elizabeth"s reign, galled our fathers so severely that, maddened by intolerable wrong, they opposed to their sovereign a resistance before which her haughty spirit quailed for the first and for the last time? Was it the cheapness and excellence of commodities that then so violently stirred the indignation of the English people? I believe, Sir, that I may with safety take it for granted that the effect of monopoly generally is to make articles scarce, to make them dear, and to make them bad. And I may with equal safety challenge my honourable friend to find out any distinction between copyright and other privileges of the same kind; any reason why a monopoly of books should produce an effect directly the reverse of that which was produced by the East India Company"s monopoly of tea, or by Lord Ess.e.x"s monopoly of sweet wines. Thus, then, stands the case. It is good that authors should be remunerated; and the least exceptionable way of remunerating them is by a monopoly. Yet monopoly is an evil. For the sake of the good we must submit to the evil; but the evil ought not to last a day longer than is necessary for the purpose of securing the good.
Now, I will not affirm that the existing law is perfect, that it exactly hits the point at which the monopoly ought to cease; but this I confidently say, that the existing law is very much nearer that point than the law proposed by my honourable and learned friend. For consider this; the evil effects of the monopoly are proportioned to the length of its duration. But the good effects for the sake of which we bear with the evil effects are by no means proportioned to the length of its duration. A monopoly of sixty years produces twice as much evil as a monopoly of thirty years, and thrice as much evil as a monopoly of twenty years. But it is by no means the fact that a posthumous monopoly of sixty years gives to an author thrice as much pleasure and thrice as strong a motive as a posthumous monopoly of twenty years. On the contrary, the difference is so small as to be hardly perceptible. We all know how faintly we are affected by the prospect of very distant advantages, even when they are advantages which we may reasonably hope that we shall ourselves enjoy. But an advantage that is to be enjoyed more than half a century after we are dead, by somebody, we know not by whom, perhaps by somebody unborn, by somebody utterly unconnected with us, is really no motive at all to action. It is very probable that in the course of some generations land in the unexplored and unmapped heart of the Australasian continent will be very valuable. But there is none of us who would lay down five pounds for a whole province in the heart of the Australasian continent. We know, that neither we, nor anybody for whom we care, will ever receive a farthing of rent from such a province.
And a man is very little moved by the thought that in the year 2000 or 2100, somebody who claims through him will employ more shepherds than Prince Esterhazy, and will have the finest house and gallery of pictures at Victoria or Sydney. Now, this is the sort of boon which my honourable and learned friend holds out to authors. Considered as a boon to them, it is a mere nullity, but considered as an impost on the public, it is no nullity, but a very serious and pernicious reality. I will take an example. Dr Johnson died fifty-six years ago. If the law were what my honourable and learned friend wishes to make it, somebody would now have the monopoly of Dr Johnson"s works. Who that somebody would be it is impossible to say; but we may venture to guess. I guess, then, that it would have been some bookseller, who was the a.s.sign of another bookseller, who was the grandson of a third bookseller, who had bought the copyright from Black Frank, the doctor"s servant and residuary legatee, in 1785 or 1786. Now, would the knowledge that this copyright would exist in 1841 have been a source of gratification to Johnson?
Would it have stimulated his exertions? Would it have once drawn him out of his bed before noon? Would it have once cheered him under a fit of the spleen? Would it have induced him to give us one more allegory, one more life of a poet, one more imitation of Juvenal? I firmly believe not. I firmly believe that a hundred years ago, when he was writing our debates for the Gentleman"s Magazine, he would very much rather have had twopence to buy a plate of shin of beef at a cook"s shop underground.
Considered as a reward to him, the difference between a twenty years"
and sixty years" term of posthumous copyright would have been nothing or next to nothing. But is the difference nothing to us? I can buy Ra.s.selas for sixpence; I might have had to give five shillings for it. I can buy the Dictionary, the entire genuine Dictionary, for two guineas, perhaps for less; I might have had to give five or six guineas for it. Do I grudge this to a man like Dr Johnson? Not at all. Show me that the prospect of this boon roused him to any vigorous effort, or sustained his spirits under depressing circ.u.mstances, and I am quite willing to pay the price of such an object, heavy as that price is. But what I do complain of is that my circ.u.mstances are to be worse, and Johnson"s none the better; that I am to give five pounds for what to him was not worth a farthing.
The principle of copyright is this. It is a tax on readers for the purpose of giving a bounty to writers. The tax is an exceedingly bad one; it is a tax on one of the most innocent and most salutary of human pleasures; and never let us forget, that a tax on innocent pleasures is a premium on vicious pleasures. I admit, however, the necessity of giving a bounty to genius and learning. In order to give such a bounty, I willingly submit even to this severe and burdensome tax. Nay, I am ready to increase the tax, if it can be shown that by so doing I should proportionally increase the bounty. My complaint is, that my honourable and learned friend doubles, triples, quadruples, the tax, and makes scarcely any perceptible addition to the bounty. Why, Sir, what is the additional amount of taxation which would have been levied on the public for Dr Johnson"s works alone, if my honourable and learned friend"s bill had been the law of the land? I have not data sufficient to form an opinion. But I am confident that the taxation on his Dictionary alone would have amounted to many thousands of pounds. In reckoning the whole additional sum which the holders of his copyrights would have taken out of the pockets of the public during the last half century at twenty thousand pounds, I feel satisfied that I very greatly underrate it. Now, I again say that I think it but fair that we should pay twenty thousand pounds in consideration of twenty thousand pounds" worth of pleasure and encouragement received by Dr Johnson. But I think it very hard that we should pay twenty thousand pounds for what he would not have valued at five shillings.
My honourable and learned friend dwells on the claims of the posterity of great writers. Undoubtedly, Sir, it would be very pleasing to see a descendant of Shakespeare living in opulence on the fruits of his great ancestor"s genius. A house maintained in splendour by such a patrimony would be a more interesting and striking object than Blenheim is to us, or than Strathfieldsaye will be to our children. But, unhappily, it is scarcely possible that, under any system, such a thing can come to pa.s.s.
My honourable and learned friend does not propose that copyright shall descend to the eldest son, or shall be bound up by irrecoverable entail.
It is to be merely personal property. It is therefore highly improbable that it will descend during sixty years or half that term from parent to child. The chance is that more people than one will have an interest in it. They will in all probability sell it and divide the proceeds. The price which a bookseller will give for it will bear no proportion to the sum which he will afterwards draw from the public, if his speculation proves successful. He will give little, if anything, more for a term of sixty years than for a term of thirty or five and twenty. The present value of a distant advantage is always small; but when there is great room to doubt whether a distant advantage will be any advantage at all, the present value sink to almost nothing. Such is the inconstancy of the public taste that no sensible man will venture to p.r.o.nounce, with confidence, what the sale of any book published in our days will be in the years between 1890 and 1900. The whole fashion of thinking and writing has often undergone a change in a much shorter period than that to which my honourable and learned friend would extend posthumous copyright. What would have been considered the best literary property in the earlier part of Charles the Second"s reign? I imagine Cowley"s Poems. Overleap sixty years, and you are in the generation of which Pope asked, "Who now reads Cowley?" What works were ever expected with more impatience by the public than those of Lord Bolingbroke, which appeared, I think, in 1754? In 1814, no bookseller would have thanked you for the copyright of them all, if you had offered it to him for nothing. What would Paternoster Row give now for the copyright of Hayley"s Triumphs of Temper, so much admired within the memory of many people still living? I say, therefore, that, from the very nature of literary property, it will almost always pa.s.s away from an author"s family; and I say, that the price given for it to the family will bear a very small proportion to the tax which the purchaser, if his speculation turns out well, will in the course of a long series of years levy on the public.
If, Sir, I wished to find a strong and perfect ill.u.s.tration of the effects which I antic.i.p.ate from long copyright, I should select,--my honourable and learned friend will be surprised,--I should select the case of Milton"s granddaughter. As often as this bill has been under discussion, the fate of Milton"s granddaughter has been brought forward by the advocates of monopoly. My honourable and learned friend has repeatedly told the story with great eloquence and effect. He has dilated on the sufferings, on the abject poverty, of this ill-fated woman, the last of an ill.u.s.trious race. He tells us that, in the extremity of her distress, Garrick gave her a benefit, that Johnson wrote a prologue, and that the public contributed some hundreds of pounds. Was it fit, he asks, that she should receive, in this eleemosynary form, a small portion of what was in truth a debt? Why, he asks, instead of obtaining a pittance from charity, did she not live in comfort and luxury on the proceeds of the sale of her ancestor"s works?
But, Sir, will my honourable and learned friend tell me that this event, which he has so often and so pathetically described, was caused by the shortness of the term of copyright? Why, at that time, the duration of copyright was longer than even he, at present, proposes to make it. The monopoly lasted, not sixty years, but for ever. At the time at which Milton"s granddaughter asked charity, Milton"s works were the exclusive property of a bookseller. Within a few months of the day on which the benefit was given at Garrick"s theatre, the holder of the copyright of Paradise Lost,--I think it was Tonson,--applied to the Court of Chancery for an injunction against a bookseller who had published a cheap edition of the great epic poem, and obtained the injunction. The representation of Comus was, if I remember rightly, in 1750; the injunction in 1752.