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le soft! Perhaps not; and yet I would rather not have a consensus of public opinion on the question; I think I am more comfortable without it. III. There is this to be said in defence of men of letters on the business side, that literature is still an infant industry with us, and, so far from having been protected by our laws, it was exposed for ninety years after the foundation of the republic to the vicious competition of stolen goods. It is true that we now have the international copyright law at last, and we can at least begin to forget our shame; but literary property has only forty-two years of life under our unjust statutes, and if it is attacked by robbers the law does not seek out the aggressors and punish them, as it would seek out and punish the trespassers upon any other kind of property; it leaves the aggrieved owner to bring suit against them, and recover damages, if he can. This may be right enough in itself; but I think, then, that all property should be defended by civil suit, and should become public after forty-two years of private tenure. The Constitution guarantees us all equality before the law, but the law-makers seem to have forgotten this in the case of our literary industry. So long as this remains the case, we cannot expect the best business talent to go into literature, and the man of letters must keep his present low grade among business men. As I have hinted, it is but a little while that he has had any standing at all. I may say that it is only since the Civil War that literature has become a business with us. Before that time we had authors, and very good ones; it is astonishing how good they were; but I do not remember any of them who lived by literature except Edgar A. Poe, perhaps; and we all know how he lived; it was largely upon loans. They were either men of fortune, or they were editors or professors, with salaries or incomes apart from the small gains of their pens; or they were helped out with public offices; one need not go over their names or classify them. Some of them must have made money by their books, but I question whether any one could have lived, even very simply, upon the money his books brought him. No one could do that now, unless he wrote a book that we could not recognize as a work of literature. But many authors live now, and live prettily enough, by the sale of the serial publication of their writings to the magazines. They do not live so nicely as success
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