wholly on statutes
for his enjoyment of that right. As I firmly believe this decision to be
contrary to all our best established principles of _right_ and
_property_, and as I have reason to think such a decision would not now
be sanctioned by the authorities of this country, I sincerely desire
that while you are a member of the House of Representatives in Congress
your talents may be exerted in placing this species of property on the
same footing as all property, as to exclusive right and permanence of
possession.
"'Among all modes of acquiring property, or exclusive ownership, the act
or operation of _creating_ or _making_ seems to have the first claim.
If anything can justly give a man an exclusive right to the occupancy
and enjoyment of a thing it must be the fact that he _made_ it. The
right of a farmer and mechanic to the exclusive enjoyment and right of
disposal of what they _make_ or _produce_ is never questioned. What,
then, can make a difference between the produce of _muscular strength_
and the produce of the _intellect_? If it should be said that as the
purchaser of a bushel of wheat has obtained not only the exclusive right
to the use of it for food, but the right to sow it and increase and
profit by it, let it be replied, this is true; but if he sows the wheat
he must sow it on his own ground or soil. The case is different with
respect to the copy of a book, which a purchaser has obtained, for the
copyright is the _author's soil_, which the purchaser cannot legally
occupy.
"'Upon what principles, let me ask, can any fellow-citizens declare that
the production of the farmer and the artisan shall be protected by
common law, or the principles of natural and social rights, without a
special statute, and without paying a premium for the enjoyment of their
property, while they declare that I have only a temporary right to the
fruits of my labor, and even this cannot be enjoyed without giving a
premium? Are such principles as these consistent with the established
doctrines of property, and of moral right and wrong among an enlightened
people? Are such principles consistent with the high and honorable
notions of justice and equal privileges which our citizens claim to
entertain and to cherish, as characteristic of modern improvements in
civil society? How can the _recent origin_ of a particular species of
property vary the principles of ownership? I say nothing of the
inexpedience of such a policy, as it regar
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