state, 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
institution? 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 assailant. 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 assigns; 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, pronounce 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