PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

Letter from Donaldson to Wheaton, New York (1828)

Source: Pierpont Morgan Library, Wheaton Papers MA 995: Robert Donaldson to Henry Wheaton, August 11, 1828.

Citation:
Letter from Donaldson to Wheaton, New York (1828), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

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4 transcripted pages

Chapter 1 Page 1


Henry Wheaton Esq

            Dear Sir,
                              From the enclosed documents
you will perceive the formidable attack your
successor in the Supreme Court of the U.S. is ab-
out to make on our properties in your Re-
ports of the Decisions
of said Court, also another
[???] on the Digest of which I have yet
about 7 or 800 copies unsold & the Reports
out of numbers the 2nd vol. has not yet gone
to press for 2nd Edition, nor do I think it will
be wanted this year. This is almost an
[???] stop to the sales of both works, the
main cause of which I cannot impute
to any other cause than that Peters promised
[???] a hard case, having so much
property locked up in [???], and the
success of which I have as well as your-
self so long laboured & hoped for [???]
I not being the owner of the copy-rights
of these works, I presume the legal defense
of the property-right [???] is exclusi-
vely vested in you. This being the case,
I have no doubt but you will im-
mediately appoint a suitable & efficient
person or persons to defend & protect our
said properties against all illegal attempts


Chapter 1 Page 2


to deprive or injure us in said property & until
an example is made of [these] literary Pirates [X]
[XXX], there can be no security for the
labours of authors or publishers & it was
with no little satisfaction I learned from
a Decision made by judge Thompson a
few months since in his court held in
this City relative to a person who pub-
lished upon the copy-right of a Chart.
The judge decided that the piratical defen-
dant could not have had any right to
the whole or any part [share?] of the work. Paine
says this is a case in point - Mr E. Paine
has not made any payment to me since
you left him [???] He says he cannot
[???] [???] but [???] have from you
on [???] subjects as early as convenient.
Mr Peters' [???] is put at the same
price as your last & which has not
had the tendency to bring forward any
new [???] [???] purchasers than the
previous vol[ume]s- your Digest I have
reduced [???] [???] [???] so [???] & cannot
sell - It is with pleasure I have learned
from [???] [???]: H. Wheaton, that your he-
alth & spirits are much improved by
your voyage to Europe & that your
vacation [???] was most agreeable, up-
on which permit me to offer you my felicitations -


Chapter 1 Page 3


      [Our?] political hemisphere, as you know,
has & is much agitated on the Presidential
question & I think it is now fast settling
in favour of Mr. Adams, respecting whom
claims to [???] his name should have
been a question & now especially when
his opponent is such a man as [???]
[???] him to his Vote, whom the
American nation will never give
such a station unless a President
[???] [???] is fixed as a [nation?].
      Wishing you all prosperity
in your undertakings in Europe
& safe return to your native
Land (a luxury [???] best to
him who is absent), I remain,
                        Dear sir,

                              most respectfully
                                    your most humble servant ~

                              Rob[er]t Donaldson

New York, 11th August 1828 ~


Chapter 1 Page 4


Henry Wheaton Esq.

      Chargé d'affaires of the

            United States of America

                  Copenhagen

                  Denmark



Transcription by: Megan Wren

    


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